Nondiscrimination on the Basis of Race, Color, or National Origin in Programs or Activities Receiving Federal Financial Assistance, 39977-39985 [2015-17034]
Download as PDF
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
(c) * * *
(3) A criminal restitution order
accompanied by an enforcement letter
that requires the TSP to make a payment
in the future;
*
*
*
*
*
(5) A criminal restitution order
accompanied by an enforcement letter
that requires TSP to make a series of
payments;
(6) A criminal restitution order
accompanied by an enforcement letter
that designates the specific TSP Fund,
source of contributions, or balance from
which the payment or portions of the
payment shall be made.
■ 4. Amend § 1653.34 by revising the
last sentence of paragraph (b)
introductory text to read as follows:
(d) If a participant has funds in more
than one type of account, payment will
be made from each account in the
following order, until the amount
required by the tax levy or stated in the
enforcement letter is reached:
*
*
*
*
*
(h) The TSP will not hold a payment
pending appeal of a criminal restitution
order or the underlying conviction. The
TSP will treat the criminal restitution
order as a final judgment pursuant to 18
U.S.C. 3664(o) and process payment as
provided by this subpart.
[FR Doc. 2015–16868 Filed 7–10–15; 8:45 am]
DEPARTMENT OF THE TREASURY
31 CFR Part 22
*
RIN 1505–AC45
*
*
*
*
(b) * * * To be complete, a tax levy
or criminal restitution order must meet
all the requirements of § 1653.32 or
§ 1653.33; it must also provide (or be
accompanied by a document or
enforcement letter that provides):
*
*
*
*
*
■ 5. Amend § 1653.35, by revising the
first sentence of the introductory text
and revising paragraph (a) to read as
follows:
srobinson on DSK5SPTVN1PROD with PROPOSALS
§ 1653.35
Calculating entitlement.
A tax levy or criminal restitution
order can only require the payment of
a stated dollar amount from the TSP.
The payee’s entitlement will be the
lesser of:
(a) The dollar amount stated in the tax
levy or enforcement letter; or
*
*
*
*
*
■ 6. Amend § 1653.36 by:
■ a. Replacing the word ‘‘levy’’
wherever it appears not preceded by the
word ‘‘tax’’ with the words ‘‘tax levy’’
in paragraph (a);
■ b. Replacing the words ‘‘restitution
order’’ wherever they appear not
preceded by the word ‘‘criminal’’ with
the words ‘‘criminal restitution order’’
and by replacing the word ‘‘levy’’
wherever it appears not preceded by the
word ‘‘tax’’ with the words ‘‘tax levy’’
in paragraph (c);
■ c. Revising paragraph (d) introductory
text;
■ d. Replacing the word ‘‘levy’’
wherever it appears not preceded by the
word ‘‘tax’’ with the words ‘‘tax levy’’
in paragraph (g); and
■ e. Adding paragraph (h).
The revisions and additions read as
follows:
§ 1653.36
Payment.
*
*
*
VerDate Sep<11>2014
*
*
17:06 Jul 10, 2015
Jkt 235001
Nondiscrimination on the Basis of
Race, Color, or National Origin in
Programs or Activities Receiving
Federal Financial Assistance
Department of the Treasury.
Notice of proposed rulemaking.
AGENCY:
ACTION:
This proposed regulation
provides for the enforcement of Title VI
of the Civil Rights Act of 1964, as
amended (‘‘Title VI’’) to the end that no
person in the United States shall on the
grounds of race, color, or national origin
be denied participation in, be denied
the benefits of, or be otherwise
subjected to discrimination under any
program or activity that receives federal
financial assistance from the
Department of the Treasury. The
promulgation of this proposed
regulation will provide guidance to the
Department’s recipients of federal
financial assistance in complying with
the provisions of Title VI and will also
promote consistent and appropriate
enforcement of Title VI by the
Department’s components.
DATES: Written comments must be
received on or before September 11,
2015.
ADDRESSES: Interested persons are
invited to submit comments regarding
this notice of proposed rulemaking
according to the instructions below. All
submissions must refer to the document
title. The Department encourages the
early submission of comments.
Electronic Submission of Comments:
Interested persons may submit
comments electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov. Electronic
submission of comments allows the
commenter maximum time to prepare
SUMMARY:
PO 00000
Frm 00004
Fmt 4702
and submit a comment, ensures timely
receipt, and enables the Department to
make them available to the public.
Comments submitted electronically
through the https://www.regulations.gov
Web site can be viewed by other
commenters and interested members of
the public. Commenters should follow
the instructions provided on that site to
submit comments electronically.
Mail: Send comments to Mariam G.
Harvey, Director, Office of Civil Rights
and Diversity, 1500 Pennsylvania
Avenue NW., Washington, DC 20220;
facsimile (202) 622–0367.
Note: To receive consideration as public
comments, comments must be submitted
through a method specified.
BILLING CODE 6760–01–P
§ 1653.34 Processing Federal tax levies
and criminal restitution orders.
39977
Sfmt 4702
Public Inspection of Public
Comments: All properly submitted
comments will be available for
inspection and downloading at
https://www.regulations.gov.
Additional Instructions: In general
comments received, including
attachments and other supporting
materials, are part of the public record
and are available to the public. Do not
submit any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT:
Mariam G. Harvey, Director, Office of
Civil Rights and Diversity, Department
of the Treasury, (202) 622–0316 (voice),
and (202) 622–7104 (TTY). All
responses to this notice should be
submitted via https://
www.regulations.gov or by mail to
ensure consideration.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of this proposed rule is
to provide for the enforcement of Title
VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d, et seq.), as
it applies to programs or activities
receiving assistance from the
Department of the Treasury.
Specifically, the statute states that ‘‘[n]o
person in the United States shall, on the
grounds of race, color, or national origin
be denied participation in, be denied
the benefits of, or be otherwise
subjected to discrimination under any
program or activity that receives federal
financial assistance.’’ 42 U.S.C. 2000d.
Each federal agency subject to Title VI
is required to issue regulations
implementing Title VI. 28 CFR 42.403.
The Department of the Treasury will be
issuing Title VI regulations for the first
time. The Department proposes
regulations as Title VI of the Civil Rights
Act of 1964, as amended, 42 U.S.C.
2000d to 2000d-7 (‘‘Title VI’’), requires.
E:\FR\FM\13JYP1.SGM
13JYP1
39978
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
Title VI prohibits discrimination on the
basis of race, color, and national origin
in all programs or activities that receive
federal financial assistance. Under
Treasury’s proposed Title VI
implementing regulations, Treasuryfunded programs are prohibited from
taking acts, including permitting
actions, that discriminate based on the
statutorily protected classes. These
proposed regulations further provide for
Treasury procedures to ensure
compliance, including a hearing
procedure.
II. Applicable Executive Orders and
Regulatory Certifications
Executive Order 12866
Executive Orders 13563 and 12866
direct agencies to assess costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule has been designated a
‘‘significant regulatory action’’ although
not economically significant, under
section 3(f) of Executive Order 12866.
Accordingly, this proposed rule has
been reviewed by the Office of
Management and Budget.
Unfunded Mandates Reform Act of 1995
The Department certifies that no
actions were deemed necessary under
the Unfunded Mandates Reform Act of
1995. Furthermore, these proposed
regulations will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and they will not
significantly or uniquely affect small
governments.
The Regulatory Flexibility Act
The Department, in accordance with
the Regulatory Flexibility Act, 5 U.S.C.
605(b), has reviewed these Title VI
regulations and by approving, certifies
that these regulations will not have a
significant economic impact on a
substantial number of small entities
because all of the entities that are
subject to these regulations are already
subject to Title VI, and some entities
already are subject to the Title VI
regulations of other agencies.
This proposed rule, if adopted, is not
a ‘‘major rule,’’ nor will it have a
significant economic impact on a
substantial number of small entities, in
large part because these regulations do
not impose any new substantive
obligations on federal funding
recipients. All recipients of federal
funding have been bound by Title VI’s
antidiscrimination provision since 1964.
Individual participants in the recipients’
programs have thus long had the right
to be free from discrimination on the
basis of race, color, and national origin.
This rule merely ensures that the
Department and its components have
regulations implementing this statute.
Executive Order 13132
These Title VI regulations will not
have substantial direct effects on the
states, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
Bureau/Office
Departmental Offices, Office
of Financial Institutions.
Departmental Offices, Office
of Financial Institutions.
Departmental Offices, Office
of Financial Institutions.
Departmental Offices, Office
of Financial Institutions.
of Domestic Finance, Office
of Domestic Finance, Office
of Domestic Finance, Office
of Domestic Finance, Office
srobinson on DSK5SPTVN1PROD with PROPOSALS
Departmental Offices, Office of Domestic Finance, Office
of Financial Institutions.
Departmental Offices, Office of Domestic Finance, Office
of Small Business, Community Development, and
Housing Policy.
Internal Revenue Service ...................................................
Internal Revenue Service ...................................................
Internal Revenue Service ...................................................
Internal Revenue Service ...................................................
United States Mint ..............................................................
17:06 Jul 10, 2015
Jkt 235001
Executive Order 12250
The Attorney General has reviewed
and approved this proposed rule
pursuant to Executive Order 12250.
Paperwork Reduction Act
Under the Paperwork Reduction Act
(44 U.S.C. chapter 35), an agency may
not conduct or sponsor and a person is
not required to respond to a collection
of information unless it displays a valid
control number issued by the Office of
Management and Budget (OMB). The
information collections contained in
this proposed rule will be submitted
and approved by OMB in connection
with information collections for the
applicable programs listed in appendix
A to the regulations.
The information collections contained
in this proposed rule are found in
§§ 22.5 (reporting), 22.6 (reporting and
recordkeeping), 22.7 (reporting), and
22.10 (reporting).
The OMB control numbers that will
be revised include the following:
Program or activity
Departmental Offices, Office of Domestic Finance, Office
of Financial Institutions.
VerDate Sep<11>2014
levels of government. These Title VI
regulations do not subject recipients of
federal funding to any new substantive
obligations because all recipients of
federal funding have been bound by
Title VI’s antidiscrimination provision
since 1964. Moreover, these Title VI
regulations are required by statute;
Congress specifically directed federal
agencies to adopt implementing
regulations when Title VI was enacted.
Therefore, in accordance with section 6
of Executive Order 13132, the
Department has determined that this
rule does not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. No further action is required.
PO 00000
OMB Control Nos.
Community Development Financial Institutions (CDFI)
Fund—Financial Component.
Community Development Financial Institutions (CDFI)
Fund—Technical Assistance Component.
Bank Enterprise Award Program .......................................
1559–0021
1559–0021
1559–0032, 1559–0005
Native American Community Development Financial Institutions (CDFI) Assistance Program, Financial Assistance (FA) Awards.
Native American Community Development Financial Institutions (CDFI) Assistance (NACA) Program, Technical
Assistance Grants.
Community Development Financial Institutions Fund,
Capital Magnet Fund.
State Small Business Credit Initiative ................................
1505–0227
Tax Counseling for the Elderly Grant Program .................
Volunteer Income Tax Assistance Program ......................
Volunteer Income Tax Assistance Grant Program ............
Low Income Taxpayer Clinic Grant Program .....................
U.S. Commemorative Coin Programs ................................
1545–2222
1545–2222
1545–2222
1545–1648
TBD
Frm 00005
Fmt 4702
Sfmt 4702
E:\FR\FM\13JYP1.SGM
13JYP1
1559–0021
1559–0021
1559–0043
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
Bureau/Office
Program or activity
Departmental Offices, Treasury Executive Office for Asset
Forfeiture.
Departmental Offices, Office of the Fiscal Assistant Secretary.
Equitable sharing program (transfer of forfeited property
to state and local law enforcement agencies).
Grants under the RESTORE Act’s Direct Component and
Centers of Excellence program.
Comments on the collection of
information should be sent to the Office
of Management and Budget, Attention:
Desk Officer for the Department of
Treasury, Office of Information and
Regulatory Affairs, Washington, DC
20503, or email to OIRA_Submission@
OMB.EOP.gov with copies to the
Department of Treasury at the addresses
specified in the ADDRESSES section.
Comments on the information collection
should be submitted no later than
September 11, 2015. Comments are
specifically requested concerning:
1. Whether the proposed information
collection is necessary for the proper
performance of agency functions,
including whether the information will
have practical utility;
2. The accuracy of the estimated
burden associated with the proposed
collection of information, including the
validity of the methodology and
assumptions used (see below);
3. How to enhance the quality, utility,
and clarity of the information required
to be maintained; and
4. How to minimize the burden of
complying with the proposed
information collection, including the
application of automated collection
techniques or other forms of information
technology.
List of Subjects in 31 CFR Part 22
Civil rights, Reporting and
recordkeeping requirements.
For the reasons discussed in the
preamble, the Department proposes to
amend 31 CFR by adding part 22 to read
as follows:
srobinson on DSK5SPTVN1PROD with PROPOSALS
PART 22—NONDISCRIMINATION ON
THE BASIS OF RACE, COLOR, OR
NATIONAL ORIGIN IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL
FINANCIAL ASSISTANCE FROM THE
DEPARTMENT OF THE TREASURY
Sec.
22.1 Purpose.
22.2 Application.
22.3 Definitions.
22.4 Discrimination prohibited.
22.5 Assurances required.
22.6 Compliance information.
22.7 Conduct of investigations.
22.8 Procedure for effecting compliance.
22.9 Hearings.
22.10 Decisions and notices.
22.11 Judicial review.
22.12 Effect on other regulations, forms,
and instructions.
VerDate Sep<11>2014
17:06 Jul 10, 2015
Jkt 235001
Appendix A to Part 22—Activities to Which
This Part Applies
Authority: 42 U.S.C. 2000d-2000d-7.
§ 22.1
Purpose.
The purpose of this part is to
effectuate the provisions of Title VI of
the Civil Rights Act of 1964 (Title VI) to
the end that no person in the United
States shall, on the grounds of race,
color, or national origin, be excluded
from participation in, be denied the
benefits of, or be otherwise subjected to
discrimination under any program or
activity receiving federal financial
assistance from the Department of the
Treasury.
§ 22.2
Application.
(a) This part applies to any program
for which federal financial assistance is
authorized under a law administered by
the Department, including the types of
federal financial assistance listed in
Appendix A to this part. It also applies
to money paid, property transferred, or
other federal financial assistance
extended after the effective date of this
part pursuant to an application
approved before that effective date. This
part does not apply to:
(1) Any federal financial assistance by
way of insurance or guaranty contracts;
(2) Any assistance to any individual
who is the ultimate beneficiary; or
(3) Any employment practice, under
any such program, of any employer,
employment agency, or labor
organization, except to the extent
described in § 22.4(c). The fact that a
type of federal financial assistance is not
listed in Appendix A to this part shall
not mean, if Title VI is otherwise
applicable, that a program is not
covered. Other types of federal financial
assistance under statutes now in force or
hereinafter enacted may be added to
appendix A to this part.
(b) In any program receiving federal
financial assistance in the form, or for
the acquisition, of real property or an
interest in real property, to the extent
that rights to space on, over, or under
any such property are included as part
of the program receiving that assistance,
the nondiscrimination requirement of
this part shall extend to any facility
located wholly or in part in that space.
§ 22.3
Definitions.
As used in this part:
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
39979
OMB Control Nos.
1505–0152
1505–0250
Applicant means a person who
submits an application, request, or plan
required to be approved by an official of
the Department of the Treasury, or
designee thereof, or by a primary
recipient, as a condition to eligibility for
federal financial assistance, and
application means such an application,
request, or plan.
Designated agency official means the
Assistant Secretary for Management and
his or her designee.
Facility includes all or any part of
structures, equipment, or other real or
personal property or interests therein,
and the provision of facilities includes
the construction, expansion, renovation,
remodeling, alteration, or acquisition of
facilities.
Federal financial assistance includes:
(1) Grants and loans of federal funds;
(2) The grant or donation of federal
property and interests in property;
(3) The detail of federal personnel;
(4) The sale and lease of, and the
permission to use (on other than a
casual or transient basis), federal
property or any interest in such
property without consideration or at a
nominal consideration, or at a
consideration which is reduced for the
purpose of assisting the recipient, or in
recognition of the public interest to be
served by such sale or lease to the
recipient; and
(5) Any federal agreement,
arrangement, or other contract which
has as one of its purposes the provision
of assistance.
Primary recipient means any recipient
that is authorized or required to extend
federal financial assistance to another
recipient.
Program or activity and program
mean all of the operations of any entity
described in the following paragraphs
(1) through (4) of this definition, any
part of which is extended federal
financial assistance:
(1)(i) A department, agency, special
purpose district, or other
instrumentality of a State or of a local
government; or
(ii) The entity of such state or local
government that distributes such
assistance and each such department or
agency to which the assistance is
extended, in the case of assistance to a
State or local government;
E:\FR\FM\13JYP1.SGM
13JYP1
39980
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
(2)(i) A college, university, or other
postsecondary institution, or a public
system of higher education; or
(ii) A local educational agency (as
defined in 20 U.S.C. 7801), system of
vocational education, or other school
system;
(3)(i) An entire corporation,
partnership, or other private
organization, or an entire sole
proprietorship—
(A) If assistance is extended to such
corporation, partnership, private
organization, or sole proprietorship as a
whole; or
(B) Which is principally engaged in
the business of providing education,
health care, housing, social services, or
parks and recreation; or
(ii) The entire plant or other
comparable, geographically separate
facility to which federal financial
assistance is extended, in the case of
any other corporation, partnership,
private organization or sole
proprietorship; or
(4) Any other entity which is
established by two or more of the
entities described in the preceding
paragraphs (1), (2), or (3) of this
definition.
Recipient may mean any State,
territory, possession, the District of
Columbia, or Puerto Rico, or any
political subdivision thereof, or
instrumentality thereof, any public or
private agency, institution, or
organization, or other entity, or any
individual, in any State, territory,
possession, the District of Columbia, or
Puerto Rico, to whom federal financial
assistance is extended, directly or
through another recipient, including
any successor, assignee, or transferee
thereof, but such term does not include
any ultimate beneficiary.
srobinson on DSK5SPTVN1PROD with PROPOSALS
§ 22.4
Discrimination prohibited.
(a) General. No person in the United
States shall, on the grounds of race,
color, or national origin be excluded
from participation in, be denied the
benefits of, or be otherwise subjected to
discrimination under, any program to
which this part applies.
(b) Specific discriminatory actions
prohibited. (1) A recipient to which this
part applies may not, directly or through
contractual or other arrangements, on
the grounds of race, color, or national
origin:
(i) Deny a person any service,
financial aid, or other benefit provided
under the program;
(ii) Provide any service, financial aid,
or other benefit to a person which is
different, or is provided in a different
manner, from that provided to others
under the program;
VerDate Sep<11>2014
17:06 Jul 10, 2015
Jkt 235001
(iii) Subject a person to segregation or
separate treatment in any matter related
to his receipt of any service, financial
aid, or other benefit under the program;
(iv) Restrict a person in any way in
the enjoyment of any advantage or
privilege enjoyed by others receiving
any service, financial aid, or other
benefit under the program;
(v) Treat a person differently from
others in determining whether he
satisfies any admission, enrollment,
quota, eligibility, membership, or other
requirement or condition which persons
must meet in order to be provided any
service, financial aid, or other benefit
provided under the program;
(vi) Deny a person an opportunity to
participate in the program through the
provision of services or otherwise to
afford him an opportunity to do so
which is different from that afforded
others under the program (including the
opportunity to participate in the
program as a volunteer or as an
employee, but only to the extent set
forth in paragraph (c) of this section); or
(vii) Deny a person the opportunity to
participate as a member of a planning,
advisory, or similar body which is an
integral part of the program.
(2) A recipient, in determining the
types of services, financial aid, or other
benefits, or facilities which will be
provided under any such program, or
the class of persons to whom, or the
situations in which, such services,
financial aid, other benefits, or facilities
will be provided under any such
program, or the class of persons to be
afforded an opportunity to participate in
any such program, may not, directly or
through contractual or other
arrangements, use criteria or methods of
administration which have the effect of
subjecting persons to discrimination
because of their race, color, or national
origin or have the effect of defeating or
substantially impairing accomplishment
of the objectives of the program with
respect to individuals of a particular
race, color, or national origin.
(3) In determining the site or location
of facilities, a recipient or applicant may
not make selections with the purpose or
effect of excluding persons from,
denying them the benefits of, or
subjecting them to discrimination under
any program to which this regulation
applies, on the grounds of race, color, or
national origin; or with the purpose or
effect of defeating or substantially
impairing the accomplishment of the
objectives of Title VI or this part.
(4) As used in this section the
services, financial aid, or other benefits
provided under a program receiving
federal financial assistance include any
service, financial aid, or other benefit
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
provided in or through a facility
provided with the aid of federal
financial assistance.
(5) The enumeration of specific forms
of prohibited discrimination in this
paragraph does not limit the generality
of the prohibition in paragraph (a) of
this section.
(6) This part does not prohibit the
consideration of race, color, or national
origin if the purpose and effect are to
remove or overcome the consequences
of practices or impediments which have
restricted the availability of, or
participation in, the program or activity
receiving federal financial assistance, on
the grounds of race, color, or national
origin. Where prior discriminatory
practice or usage tends, on the grounds
of race, color, or national origin to
exclude individuals from participation
in, to deny them the benefits of, or to
subject them to discrimination under
any program or activity to which this
part applies, the applicant or recipient
must take affirmative action to remove
or overcome the effects of the prior
discriminatory practice or usage. Even
in the absence of prior discriminatory
practice or usage, a recipient in
administering a program or activity to
which this part applies, may take
affirmative action to assure that no
person is excluded from participation in
or denied the benefits of the program or
activity on the grounds of race, color, or
national origin.
(c) Employment practices. (1) Where a
primary objective of the federal
financial assistance to a program to
which this part applies is to provide
employment, a recipient subject to this
part shall not, directly or through
contractual or other arrangements,
subject a person to discrimination on
the ground of race, color, or national
origin in its employment practices
under such program (including
recruitment or recruitment advertising,
hiring, firing, upgrading, promotion,
demotion, transfer, layoff, termination,
rates of pay or other forms of
compensation or benefits, selection for
training or apprenticeship, and use of
facilities). Such recipient shall take
affirmative action to insure that
applicants are employed, and
employees are treated during
employment, without regard to their
race, color, or national origin. The
requirements applicable to construction
employment under any such program
shall be those specified in or pursuant
to Part III of Executive Order 11246 or
any Executive Order which supersedes
it.
(2) Where a primary objective of the
federal financial assistance is not to
provide employment, but
E:\FR\FM\13JYP1.SGM
13JYP1
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
discrimination on the grounds of race,
color, or national origin in the
employment practices of the recipient or
other persons subject to the regulation
tends, on the grounds of race, color, or
national origin, to exclude individuals
from participation in, deny them the
benefits of, or subject them to
discrimination under any program to
which this regulation applies, the
provisions of paragraph (c)(1) of this
section shall apply to the employment
practices of the recipient or other
persons subject to the regulation, to the
extent necessary to assure equality of
opportunity to, and nondiscriminatory
treatment of, beneficiaries.
srobinson on DSK5SPTVN1PROD with PROPOSALS
§ 22.5
Assurances required.
(a) General. Either at the application
stage or the award stage, federal
agencies must ensure that applications
for federal financial assistance or
awards of federal financial assistance
contain, be accompanied by, or be
covered by a specifically identified
assurance from the applicant or
recipient, satisfactory to the designated
agency official, that each program or
activity operated by the applicant or
recipient and to which these Title VI
regulations apply will be operated in
compliance with these Title VI
regulations.
(b) Duration of obligation. (1) In the
case where the federal financial
assistance is to provide or is in the form
of personal property, or real property or
interest therein or structures thereon,
the assurance shall obligate the
recipient, or, in the case of a subsequent
transfer, the transferee, for the period
during which the property is used for a
purpose for which the federal financial
assistance is extended or for another
purpose involving the provision of
similar services or benefits, or for as
long as the recipient retains ownership
or possession of the property, whichever
is longer. In all other cases the
assurance shall obligate the recipient for
the period during which federal
financial assistance is extended to the
program.
(2) In the case where federal financial
assistance is provided in the form of a
transfer of real property, structures, or
improvements thereon, or interest
therein, from the federal Government,
the instrument effecting or recording the
transfer shall contain a covenant
running with the land assuring
nondiscrimination for the period during
which the real property is used for a
purpose for which the federal financial
assistance is extended or for another
purpose involving the provision of
similar services or benefits. Where no
transfer of property or interest therein
VerDate Sep<11>2014
17:06 Jul 10, 2015
Jkt 235001
from the federal government is
involved, but property is acquired or
improved with federal financial
assistance, the recipient shall agree to
include such covenant in any
subsequent transfer of such property.
When the property is obtained from the
federal government, such covenant may
also include a condition coupled with a
right to be reserved by the Department
to revert title to the property in the
event of a breach of the covenant where,
in the discretion of the designated
agency official, such a condition and
right of reverter is appropriate to the
statute under which the real property is
obtained and to the nature of the grant
and the grantee. In such event if a
transferee of real property proposes to
mortgage or otherwise encumber the
real property as security for financing
construction of new, or improvement of
existing, facilities on such property for
the purposes for which the property was
transferred, the designated agency
official may agree, upon request of the
transferee and if necessary to
accomplish such financing, and upon
such conditions as the designated
agency official deems appropriate, to
subordinate such right of reversion to
the lien of such mortgage or other
encumbrance.
(c) Continuing federal financial
assistance. Every application by a State
or a State agency for continuing federal
financial assistance to which this part
applies (including the types of federal
financial assistance listed in appendix A
to this part) shall as a condition to its
approval and the extension of any
federal financial assistance pursuant to
the application:
(1) Contain, be accompanied by, or be
covered by a statement that the program
is (or, in the case of a new program, will
be) conducted in compliance with all
requirements imposed by or pursuant to
this part; and
(2) Provide, be accompanied by, or be
covered by provision for such methods
of administration for the program as are
found by the designated agency official
to give reasonable guarantee that the
applicant and all recipients of federal
financial assistance under such program
will comply with all requirements
imposed by or pursuant to this part.
(d) Assurance from institutions. (1) In
the case of any application for federal
financial assistance to an institution of
higher education (including assistance
for construction, for research, for special
training projects, for student loans or for
any other purpose), the assurance
required by this section shall extend to
admission practices and to all other
practices relating to the treatment of
students.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
39981
(2) The assurance required with
respect to an institution of higher
education, hospital, or any other
institution, insofar as the assurance
relates to the institution’s practices with
respect to admission or other treatment
of individuals as students, patients, or
clients of the institution or to the
opportunity to participate in the
provision of services or other benefits to
such individuals, shall be applicable to
the entire institution.
(e) Form. (1) The assurances required
by paragraph (a) of this section, which
may be included as part of a document
that addresses other assurances or
obligations, shall include that the
applicant or recipient will comply with
all applicable federal statutes relating to
nondiscrimination. This includes but is
not limited to Title VI of the Civil Rights
Act of 1964, as amended, 42 U.S.C.
2000d, et seq.
(2) The designated agency official will
specify the extent to which such
assurances will be required of the
applicant’s or recipient’s subgrantees,
contractors, subcontractors, transferees,
or successors in interest. Any such
assurance shall include provisions
which give the United States a right to
seek its judicial enforcement.
§ 22.6
Compliance information.
(a) Cooperation and assistance. The
designated Agency official shall to the
fullest extent practicable seek the
cooperation of recipients in obtaining
compliance with this part and shall
provide assistance and guidance to
recipients to help them comply
voluntarily with this part.
(b) Compliance reports. Each recipient
shall keep such records and submit to
the designated Agency official timely,
complete, and accurate compliance
reports at such times, and in such form
and containing such information, as the
designated Agency official may
determine to be necessary to enable the
designated Agency official to ascertain
whether the recipient has complied or is
complying with this part. In the case in
which a primary recipient extends
federal financial assistance to any other
recipient, such other recipient shall also
submit such compliance reports to the
primary recipient as may be necessary
to enable the primary recipient to carry
out its obligations under this part. In
general recipients should have available
for the designated Agency official racial
and ethnic data showing the extent to
which members of minority groups are
beneficiaries of programs receiving
federal financial assistance.
(c) Access to sources of information.
Each recipient shall permit access by
the designated Agency official during
E:\FR\FM\13JYP1.SGM
13JYP1
39982
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
normal business hours to such of its
books, records, accounts, and other
sources of information, and its facilities
as may be pertinent to ascertain
compliance with this part. Where any
information required of a recipient is in
the exclusive possession of any other
agency, institution, or person and this
agency, institution, or person fails or
refuses to furnish this information, the
recipient shall so certify in its report
and shall set forth what efforts it has
made to obtain the information.
(d) Information to beneficiaries and
participants. Each recipient shall make
available to participants, beneficiaries,
and other interested persons such
information regarding the provisions of
this part and its applicability to the
program for which the recipient receives
federal financial assistance, and make
such information available to them in
such manner, as the designated Agency
official finds necessary to apprise such
persons of the protections against
discrimination assured them by Title VI
and this part.
srobinson on DSK5SPTVN1PROD with PROPOSALS
§ 22.7
§ 22.8
Conduct of investigations.
(a) Periodic compliance reviews. The
designated Agency official shall from
time to time review the practices of
recipients to determine whether they are
complying with this part.
(b) Complaints. Any person who
believes that he or she, or any specific
class of persons, has been subjected to
discrimination prohibited by this part
may by himself or herself, or by a
representative, file with the designated
Agency official a written complaint. A
complaint must be filed not later than
180 days after the date of the alleged
discrimination, unless the time for filing
is extended by the designated Agency
official.
(c) Investigations. The designated
Agency official will make a prompt
investigation whenever a compliance
review, report, complaint, or any other
information indicates a possible failure
to comply with this part. The
investigation will include, where
appropriate, a review of the pertinent
practices and policies of the recipient,
the circumstances under which the
possible noncompliance with this part
occurred, and other factors relevant to a
determination as to whether the
recipient has failed to comply with this
part.
(d) Resolution of matters. (1) If an
investigation pursuant to paragraph (c)
of this section indicates a failure to
comply with this part, the designated
Agency official will so inform the
recipient and the matter will be resolved
by informal means whenever possible. If
it has been determined that the matter
VerDate Sep<11>2014
17:06 Jul 10, 2015
Jkt 235001
cannot be resolved by informal means,
action will be taken as provided for in
§ 22.8.
(2) If an investigation does not
warrant action pursuant to paragraph
(d)(1) of this section the designated
Agency official will so inform the
recipient and the complainant, if any, in
writing.
(e) Intimidatory or retaliatory acts
prohibited. No recipient or other person
shall intimidate, threaten, coerce, or
discriminate against any individual for
the purpose of interfering with any right
or privilege secured by section 601 of
Title VI or this part, or because the
individual has made a complaint,
testified, assisted, or participated in any
manner in an investigation, proceeding,
or hearing under this part. The identity
of complainants shall be kept
confidential except to the extent
necessary to carry out the purposes of
this part, including the conduct of any
investigation, hearing, or judicial
proceeding arising thereunder.
Procedure for effecting compliance.
(a) General. If there appears to be a
failure or threatened failure to comply
with this part, and if the noncompliance
or threatened noncompliance cannot be
corrected by informal means,
compliance with this part may be
effected by the suspension or
termination of or refusal to grant or to
continue federal financial assistance or
by any other means authorized by law.
Such other means may include, but are
not limited to:
(1) A referral to the Department of
Justice with a recommendation that
appropriate proceedings be brought to
enforce any rights of the United States
under any law of the United States
(including other titles of the Civil Rights
Act of 1964), or any assurance or other
contractual undertaking; and
(2) Any applicable proceeding under
State or local law.
(b) Noncompliance with § 22.5. If an
applicant fails or refuses to furnish an
assurance required under § 22.5 or
otherwise fails or refuses to comply
with a requirement imposed by or
pursuant to that section, federal
financial assistance may be suspended,
terminated, or refused in accordance
with the procedures of paragraph (c) of
this section. The Agency shall not be
required to provide assistance in such a
case during the pendency of the
administrative proceedings under such
paragraph. However, subject to § 22.12,
the Agency shall continue assistance
during the pendency of such
proceedings where such assistance is
due and payable pursuant to an
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
application approved prior to the
effective date of this part.
(c) Termination of or refusal to grant
or to continue federal financial
assistance. (1) No order suspending,
terminating, or refusing to grant or
continue federal financial assistance
shall become effective until:
(i) The designated Agency official has
advised the applicant or recipient of the
applicant’s or recipient’s failure to
comply and has determined that
compliance cannot be secured by
voluntary means;
(ii) There has been an express finding
on the record, after opportunity for
hearing, of a failure by the applicant or
recipient to comply with a requirement
imposed by or pursuant to this part;
(iii) The action has been approved by
the designated Agency official pursuant
to § 22.10(e); and
(iv) The expiration of 30 days after the
designated Agency official has filed
with the committee of the House and
the committee of the Senate having
legislative jurisdiction over the program
involved, a full written report of the
circumstances and the grounds for such
action.
(2) Any action to suspend or
terminate or to refuse to grant or to
continue federal financial assistance
shall be limited to the particular
political entity, or part thereof, or other
applicant or recipient as to whom such
a finding has been made and shall be
limited in its effect to the particular
program, or part thereof, in which such
noncompliance has been so found.
(d) Other means authorized by law.
No action to effect compliance with
Title VI by any other means authorized
by law shall be taken by the Department
of the Treasury until:
(1) The designated Agency official has
determined that compliance cannot be
secured by voluntary means;
(2) The recipient or other person has
been notified of its failure to comply
and of the action to be taken to effect
compliance; and
(3) The expiration of at least 10 days
from the mailing of such notice to the
recipient or other person. During this
period of at least 10 days, additional
efforts shall be made to persuade the
recipient or other person to comply with
the regulation and to take such
corrective action as may be appropriate.
§ 22.9
Hearings.
(a) Opportunity for hearing. Whenever
an opportunity for a hearing is required
by § 22.8(c), reasonable notice shall be
given by registered or certified mail,
return receipt requested, to the affected
applicant or recipient. This notice shall
advise the applicant or recipient of the
E:\FR\FM\13JYP1.SGM
13JYP1
srobinson on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
action proposed to be taken, the specific
provision under which the proposed
action against it is to be taken, and the
matters of fact or law asserted as the
basis for this action, and either:
(1) Fix a date not less than 20 days
after the date of such notice within
which the applicant or recipient may
request of the designated agency official
that the matter be scheduled for hearing;
or
(2) Advise the applicant or recipient
that the matter in question has been set
for hearing at a stated place and time.
The time and place so fixed shall be
reasonable and shall be subject to
change for cause. The complainant, if
any, shall be advised of the time and
place of the hearing. An applicant or
recipient may waive a hearing and
submit written information and
argument for the record. The failure of
an applicant or recipient to request a
hearing under this paragraph or to
appear at a hearing for which a date has
been set shall be deemed to be a waiver
of the right to a hearing under section
602 of Title VI and § 22.8(c) and consent
to the making of a decision on the basis
of such information as is available.
(b) Time and place of hearing.
Hearings shall be held at the offices of
the Department of the Treasury
component administering the program,
at a time fixed by the designated Agency
official unless the designated Agency
official determines that the convenience
of the applicant or recipient or of the
Agency requires that another place be
selected. Hearings shall be held before
the designated Agency official, or at
designated Agency official’s discretion,
before a hearing examiner appointed in
accordance with section 3105 of title 5,
United States Code, or detailed under
section 3344 of title 5, United States
Code.
(c) Right to counsel. In all proceedings
under this section, the applicant or
recipient and the Agency shall have the
right to be represented by counsel.
(d) Procedures, evidence, and record.
(1) The hearing, decision, and any
administrative review thereof shall be
conducted in conformity with sections
554 through 557 of title 5, United States
Code, and in accordance with such rules
of procedure as are proper (and not
inconsistent with this section) relating
to the conduct of the hearing, giving of
notices subsequent to those provided for
in paragraph (a) of this section, taking
of testimony, exhibits, arguments and
briefs, requests for findings, and other
related matters. Both the designated
Agency official and the applicant or
recipient shall be entitled to introduce
all relevant evidence on the issues as
stated in the notice for hearing or as
VerDate Sep<11>2014
17:06 Jul 10, 2015
Jkt 235001
determined by the officer conducting
the hearing at the outset of or during the
hearing.
(2) Technical rules of evidence do not
apply to hearings conducted pursuant to
this part, but rules or principles
designed to assure production of the
most credible evidence available and to
subject testimony to test by crossexamination shall be applied where
determined reasonably necessary by the
officer conducting the hearing. The
hearing officer may exclude irrelevant,
immaterial, or unduly repetitious
evidence. All documents and other
evidence offered or taken for the record
shall be open to examination by the
parties and opportunity shall be given to
refute facts and arguments advanced on
either side of the issues. A transcript
shall be made of the oral evidence
except to the extent the substance
thereof is stipulated for the record. All
decisions shall be based upon the
hearing record and written findings
shall be made.
(e) Consolidated or joint hearings. In
cases in which the same or related facts
are asserted to constitute
noncompliance with this part with
respect to two or more federal statutes,
authorities, or other means by which
federal financial assistance is extended
and to which this part applies, or
noncompliance with this part and the
regulations of one or more other federal
departments or agencies issued under
Title VI, the designated Agency official
may, by agreement with such other
departments or agencies, where
applicable, provide for the conduct of
consolidated or joint hearings, and for
the application to such hearings of rules
or procedures not inconsistent with this
part. Final decisions in such cases,
insofar as this regulation is concerned,
shall be made in accordance with
§ 22.10.
§ 22.10
Decisions and notices.
(a) Procedure on decisions by hearing
examiner. If the hearing is held by a
hearing examiner, the hearing examiner
shall either make an initial decision, if
so authorized, or certify the entire
record including his recommended
findings and proposed decision to the
designated agency official for a final
decision, and a copy of such initial
decision or certification shall be mailed
to the applicant or recipient. Where the
initial decision is made by the hearing
examiner the applicant or recipient
may, within 30 days after the mailing of
such notice of initial decision, file with
the designated Agency official the
applicant’s or recipient’s exceptions to
the initial decision, with the reasons
therefor. In the absence of exceptions,
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
39983
the designated Agency official may, on
his or her own motion, within 45 days
after the initial decision, serve on the
applicant or recipient a notice that the
designated Agency official will review
the decision. Upon the filing of such
exceptions or of notice of review, the
designated Agency official shall review
the initial decision and issue his or her
own decision thereon including the
reasons therefor. In the absence of either
exceptions or a notice of review the
initial decision shall, subject to
paragraph (e) of this section, constitute
the final decision of the designated
Agency official.
(b) Decisions on record or review by
the designated Agency official.
Whenever a record is certified to the
designated Agency official for decision
or he or she reviews the decision of a
hearing examiner pursuant to paragraph
(a) of this section, or whenever the
designated Agency official conducts the
hearing, the applicant or recipient shall
be given reasonable opportunity to file
with the designated Agency official
briefs or other written statements of its
contentions, and a written copy of the
final decision of the designated Agency
official shall be sent to the applicant or
recipient and to the complainant, if any.
(c) Decisions on record where a
hearing is waived. Whenever a hearing
is waived pursuant to § 22.9, a decision
shall be made by the designated Agency
official on the record and a written copy
of such decision shall be sent to the
applicant or recipient, and to the
complainant, if any.
(d) Rulings required. Each decision of
a hearing examiner or the designated
Agency official shall set forth his or her
ruling on each finding, conclusion, or
exception presented, and shall identify
the requirement or requirements
imposed by or pursuant to this part with
which it is found that the applicant or
recipient has failed to comply.
(e) Approval by designated Agency
official. Any final decision by an official
of the Agency, other than the designated
Agency official personally, which
provides for the suspension or
termination of, or the refusal to grant or
continue federal financial assistance, or
the imposition of any other sanction
available under this part or Title VI,
shall promptly be transmitted to the
designated Agency official personally,
who may approve such decision, may
vacate it, or remit or mitigate any
sanction imposed.
(f) Content of orders. The final
decision may provide for suspension or
termination of, or refusal to grant or
continue federal financial assistance, in
whole or in part, to which this
regulation applies, and may contain
E:\FR\FM\13JYP1.SGM
13JYP1
39984
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
such terms, conditions, and other
provisions as are consistent with and
will effectuate the purposes of Title VI
and this part, including provisions
designed to assure that no federal
financial assistance to which this
regulation applies will thereafter be
extended to the applicant or recipient
determined by such decision to be in
default in its performance of an
assurance given by it pursuant to this
part, or to have otherwise failed to
comply with this part, unless and until
it corrects its noncompliance and
satisfies the designated Agency official
that it will fully comply with this part.
(g) Post termination proceedings. (1)
An applicant or recipient adversely
affected by an order issued under
paragraph (f) of this section shall be
restored to full eligibility to receive
federal financial assistance if it satisfies
the terms and conditions of that order
for such eligibility or if it brings itself
into compliance with this part and
provides reasonable assurance that it
will fully comply with this part.
(2) Any applicant or recipient
adversely affected by an order entered
pursuant to paragraph (f) of this section
may at any time request the designated
Agency official to restore fully its
eligibility to receive federal financial
assistance. Any such request shall be
supported by information showing that
the applicant or recipient has met the
requirements of paragraph (g)(1) of this
section. If the designated Agency official
determines that those requirements have
been satisfied, he or she shall restore
such eligibility.
(3) If the designated Agency official
denies any such request, the applicant
or recipient may submit a request for a
hearing in writing, specifying why it
believes such official to have been in
error. It shall thereupon be given an
expeditious hearing, with a decision on
the record in accordance with rules or
procedures issued by the designated
Agency official. The applicant or
recipient will be restored to such
eligibility if it proves at such a hearing
that it satisfied the requirements of
paragraph (g)(1) of this section. While
proceedings under this paragraph are
pending, the sanctions imposed by the
order issued under paragraph (f) of this
section shall remain in effect.
§ 22.11
Judicial review.
Action taken pursuant to section 602
of the Title VI is subject to judicial
review as provided in section 603 of the
Title VI.
§ 22.12 Effect on other regulations, forms,
and instructions.
regulations, or instructions prohibit
discrimination on the ground of race,
color, or national origin in any program
or situation to which this part is
inapplicable, or prohibit discrimination
on any other ground.
(b) Forms and instructions. The
designated Agency official shall issue
and promptly make available to all
interested persons forms and detailed
instructions and procedures for
effectuating this part as applied to
programs to which this part applies and
for which the designated Agency official
is responsible.
(c) Supervision and coordination. The
designated Agency official may from
time to time assign to officials of the
Agency, or to officials of other
departments or agencies of the
Government with the consent of such
departments or agencies,
responsibilities in connection with the
effectuation of the purposes of Title VI
and this part (other than responsibility
for final decision as provided in
§ 22.10), including the achievement of
effective coordination and maximum
uniformity within the Agency and
within the Executive Branch of the
Government in the application of Title
VI and this part to similar programs and
in similar situations. Any action taken,
determination made or requirement
imposed by an official of another
department or agency acting pursuant to
an assignment of responsibility under
this paragraph shall have the same effect
as though such action had been taken by
the designated Agency official of the
Department.
Note: Failure to list a type of federal
assistance in this appendix A shall not mean,
if Title VI is otherwise applicable, that a
program is not covered.
Component
Program or activity
Authority
Departmental Offices, Office of Domestic Finance, Office of Financial Institutions.
Community Development Financial Institutions
Fund—Financial Component.
Departmental Offices, Office of Domestic Finance, Office of Financial Institutions.
Community Development Financial Institutions
Fund—Technical Assistance Component.
Departmental Offices, Office of Domestic Finance, Office of Financial Institutions.
srobinson on DSK5SPTVN1PROD with PROPOSALS
(a) Effect on other regulations. All
regulations, orders, or like directions
issued before the effective date of this
part by any officer of the Department of
the Treasury which impose
requirements designed to prohibit any
discrimination against individuals on
the grounds of race, color, or national
origin under any program to which this
part applies, and which authorize the
suspension or termination of or refusal
to grant or to continue federal financial
assistance to any applicant for a
recipient of such assistance for failure to
comply with such requirements, are
hereby superseded to the extent that
such discrimination is prohibited by
this part, except that nothing in this part
may be considered to relieve any person
of any obligation assumed or imposed
under any such superseded regulation,
order, instruction, or like direction
before the effective date of this part.
Nothing in this part, however,
supersedes any of the following
(including future amendments thereof):
(1) Executive Order 11246 (3 CFR,
1965 Supp., p. 167) and regulations
issued thereunder; or
(2) Any other orders, regulations, or
instructions, insofar as such orders,
Bank Enterprise Award Program .....................
Departmental Offices, Office of Domestic Finance, Office of Financial Institutions.
Native American Community Development Financial Institutions Assistance Program, Financial Assistance (FA) Awards.
Native American Community Development Financial Institutions Assistance (NACA) Program, Technical Assistance Grants.
Community Development Financial Institutions
Fund, Capital Magnet Fund.
Riegle Community Development and Regulatory Improvement Act of 1994, 12 U.S.C.
4701 et seq.
Riegle Community Development and Regulatory Improvement Act of 1994, 12 U.S.C.
4701 et seq.
Riegle Community Development and Regulatory Improvement Act of 1994 sec. 114,
12 U.S.C. 4713.
Riegle Community Development Banking and
Financial Institutions Act of 1994, 12 U.S.C.
4701 et seq.
Riegle Community Development Banking and
Financial Institutions Act of 1994, 12 U.S.C.
4701 et seq.
Housing and Economic Recovery Act of 2008
sec. 1339, 12 U.S.C. 4569.
Departmental Offices, Office of Domestic Finance, Office of Financial Institutions.
Departmental Offices, Office of Domestic Finance, Office of Financial Institutions.
VerDate Sep<11>2014
17:06 Jul 10, 2015
Jkt 235001
PO 00000
Frm 00011
Fmt 4702
Sfmt 4700
Appendix A to Part 22—Activities to
Which This Part Applies
E:\FR\FM\13JYP1.SGM
13JYP1
Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Proposed Rules
39985
Component
Program or activity
Authority
Departmental Offices, Office of Domestic Finance, Office of Small Business, Community
Development, and Housing Policy.
Internal Revenue Service ..................................
State Small Business Credit Initiative ..............
Small Business Jobs Act of 2010, 12 U.S.C.
5701 et seq.
Tax Counseling for the Elderly Grant Program
Internal Revenue Service ..................................
Volunteer Income Tax Assistance Program ....
Internal Revenue Service ..................................
Internal Revenue Service ..................................
Volunteer Income Tax Assistance Grant Program.
Low Income Taxpayer Clinic Grant Program ..
United States Mint .............................................
U.S. Commemorative Coin Programs .............
Departmental Offices, Treasury Executive Office for Asset Forfeiture.
Equitable sharing program (transfer of forfeited property to state and local law enforcement agencies).
Unreimbursed detail of Federal Employees
through the Intergovernmental Personnel
Act.
Grants under the RESTORE Act’s Direct
Component and Centers of Excellence program and supplemental compliance responsibilities for its Comprehensive Plan and
Spill Impact Components.
Revenue Act of 1978 sec. 163, Pub. L. 95–
600, 92 Stat 2763, 2810–2811.
Tax Reform Act of 1969, Pub. L. 91–172, 83
Stat. 487.
Consolidated Appropriations Act, Pub. L. 110–
161, 121 Stat. 1844, 1975–76 (2007).
Internal Revenue Service Restructuring and
Reform Act of 1998 sec. 3601, 26 U.S.C.
7526.
Specific acts of Congress that authorize
United States commemorative coin and
medal programs provide assistance. See,
e.g., the Louis Braille Bicentennial—Braille
Literacy Commemorative Coin Act, Pub. L.
109–247 (2006); the Boy Scouts of America
Centennial Commemorative Coin Act, Pub.
L. 110–363 (2008); the American Veterans
Disabled for Life Commemorative Coin Act,
Pub. L. 110–277 (2008); and the National
September 11 Memorial & Museum Commemorative Medal Act of 2010, Pub. L.
111–221 (2010).
18 U.S.C. 981(e)(2); 21 U.S.C. 881(e)(1)(A);
31 U.S.C. 9703.
Various Treasury Bureaus and Offices (including the Internal Revenue Service).
Departmental Offices, Office of the Fiscal Assistant Secretary.
Brodi Fontenot,
Assistant Secretary for Management.
[FR Doc. 2015–17034 Filed 7–10–15; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–LACH–18360; PPPWNOCAM3
PPMOMFO1Z.F00000]
RIN 1024–AE09
Special Regulations, Areas of the
National Park System, Lake Chelan
National Recreation Area, Solid Waste
Disposal
National Park Service, Interior.
Proposed rule.
AGENCY:
srobinson on DSK5SPTVN1PROD with PROPOSALS
ACTION:
The National Park Service
proposes to authorize a solid waste
transfer station near Stehekin,
Washington, within the boundary of
Lake Chelan National Recreation Area,
that does not meet all regulatory siting
criteria and accepts solid waste
generated within the boundary of the
SUMMARY:
VerDate Sep<11>2014
17:06 Jul 10, 2015
Jkt 235001
recreation area from non-NPS activities.
The proposed rule would authorize this
transfer station, notwithstanding certain
restrictions found in the general
regulations governing solid waste
disposal sites in units of the National
Park System.
DATES: Comments must be received by
11:59 p.m. EST on October 13, 2015.
ADDRESSES: You may submit comments,
identified by Regulation Identifier
Number (RIN) 1024–AE09, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or hand deliver to: National
Park Service, North Cascades National
Park Complex, 810 State Route 20,
Sedro-Woolley, WA 98284, Attn: Kerri
L. Cook, Facility Operations Specialist.
Instructions: All submissions received
must include the words ‘‘National Park
Service’’ or ‘‘NPS’’ and the docket
number or RIN (1024–AE09) for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. The
NPS need not consider comments that it
receives after the end of the comment
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
5 U.S.C. 3371 through 3376.
Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012,
Pub. L. 112–141.
period (see DATES) or comments
delivered using a method that is not
listed above (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT:
Kerri L. Cook, Facility Operations
Specialist, National Park Service, North
Cascades National Park Complex, 810
State Route 20, Sedro-Woolley, WA
98284; (360) 854–7280. Email: Kerri_
Cook@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
On December 22, 1994, the National
Park Service (NPS) adopted the
regulations codified at 36 CFR part 6 to
implement a statutory requirement of
Public Law 98–506 (54 U.S.C. 100903)
(Act), which was enacted in 1984. The
Act prohibits the operation of a solid
waste disposal site within the boundary
of any unit of the National Park System
except for those operating as of
September 1, 1984, or those ‘‘used only
for disposal of wastes generated within
that unit of the park system so long as
such site will not degrade any of the
natural or cultural resources of such
park unit.’’ The Act directed the
Secretary of the Interior to promulgate
regulations ‘‘to carry out the provisions
E:\FR\FM\13JYP1.SGM
13JYP1
Agencies
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Proposed Rules]
[Pages 39977-39985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17034]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
31 CFR Part 22
RIN 1505-AC45
Nondiscrimination on the Basis of Race, Color, or National Origin
in Programs or Activities Receiving Federal Financial Assistance
AGENCY: Department of the Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This proposed regulation provides for the enforcement of Title
VI of the Civil Rights Act of 1964, as amended (``Title VI'') to the
end that no person in the United States shall on the grounds of race,
color, or national origin be denied participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program or activity that receives federal financial assistance from the
Department of the Treasury. The promulgation of this proposed
regulation will provide guidance to the Department's recipients of
federal financial assistance in complying with the provisions of Title
VI and will also promote consistent and appropriate enforcement of
Title VI by the Department's components.
DATES: Written comments must be received on or before September 11,
2015.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice of proposed rulemaking according to the instructions below.
All submissions must refer to the document title. The Department
encourages the early submission of comments.
Electronic Submission of Comments: Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
https://www.regulations.gov. Electronic submission of comments allows
the commenter maximum time to prepare and submit a comment, ensures
timely receipt, and enables the Department to make them available to
the public. Comments submitted electronically through the https://www.regulations.gov Web site can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Mail: Send comments to Mariam G. Harvey, Director, Office of Civil
Rights and Diversity, 1500 Pennsylvania Avenue NW., Washington, DC
20220; facsimile (202) 622-0367.
Note: To receive consideration as public comments, comments
must be submitted through a method specified.
Public Inspection of Public Comments: All properly submitted
comments will be available for inspection and downloading at https://www.regulations.gov.
Additional Instructions: In general comments received, including
attachments and other supporting materials, are part of the public
record and are available to the public. Do not submit any information
in your comment or supporting materials that you consider confidential
or inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT: Mariam G. Harvey, Director, Office of
Civil Rights and Diversity, Department of the Treasury, (202) 622-0316
(voice), and (202) 622-7104 (TTY). All responses to this notice should
be submitted via https://www.regulations.gov or by mail to ensure
consideration.
SUPPLEMENTARY INFORMATION:
I. Background
The purpose of this proposed rule is to provide for the enforcement
of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d, et seq.), as it applies to programs or activities receiving
assistance from the Department of the Treasury. Specifically, the
statute states that ``[n]o person in the United States shall, on the
grounds of race, color, or national origin be denied participation in,
be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity that receives federal financial
assistance.'' 42 U.S.C. 2000d. Each federal agency subject to Title VI
is required to issue regulations implementing Title VI. 28 CFR 42.403.
The Department of the Treasury will be issuing Title VI regulations for
the first time. The Department proposes regulations as Title VI of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d to 2000d-7
(``Title VI''), requires.
[[Page 39978]]
Title VI prohibits discrimination on the basis of race, color, and
national origin in all programs or activities that receive federal
financial assistance. Under Treasury's proposed Title VI implementing
regulations, Treasury-funded programs are prohibited from taking acts,
including permitting actions, that discriminate based on the
statutorily protected classes. These proposed regulations further
provide for Treasury procedures to ensure compliance, including a
hearing procedure.
II. Applicable Executive Orders and Regulatory Certifications
Executive Order 12866
Executive Orders 13563 and 12866 direct agencies to assess costs
and benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This proposed rule has been designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, this proposed rule has been
reviewed by the Office of Management and Budget.
Unfunded Mandates Reform Act of 1995
The Department certifies that no actions were deemed necessary
under the Unfunded Mandates Reform Act of 1995. Furthermore, these
proposed regulations will not result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more in any one year, and they will not
significantly or uniquely affect small governments.
The Regulatory Flexibility Act
The Department, in accordance with the Regulatory Flexibility Act,
5 U.S.C. 605(b), has reviewed these Title VI regulations and by
approving, certifies that these regulations will not have a significant
economic impact on a substantial number of small entities because all
of the entities that are subject to these regulations are already
subject to Title VI, and some entities already are subject to the Title
VI regulations of other agencies.
This proposed rule, if adopted, is not a ``major rule,'' nor will
it have a significant economic impact on a substantial number of small
entities, in large part because these regulations do not impose any new
substantive obligations on federal funding recipients. All recipients
of federal funding have been bound by Title VI's antidiscrimination
provision since 1964. Individual participants in the recipients'
programs have thus long had the right to be free from discrimination on
the basis of race, color, and national origin. This rule merely ensures
that the Department and its components have regulations implementing
this statute.
Executive Order 13132
These Title VI regulations will not have substantial direct effects
on the states, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. These Title VI regulations do not
subject recipients of federal funding to any new substantive
obligations because all recipients of federal funding have been bound
by Title VI's antidiscrimination provision since 1964. Moreover, these
Title VI regulations are required by statute; Congress specifically
directed federal agencies to adopt implementing regulations when Title
VI was enacted. Therefore, in accordance with section 6 of Executive
Order 13132, the Department has determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. No further action is required.
Executive Order 12250
The Attorney General has reviewed and approved this proposed rule
pursuant to Executive Order 12250.
Paperwork Reduction Act
Under the Paperwork Reduction Act (44 U.S.C. chapter 35), an agency
may not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a valid control number
issued by the Office of Management and Budget (OMB). The information
collections contained in this proposed rule will be submitted and
approved by OMB in connection with information collections for the
applicable programs listed in appendix A to the regulations.
The information collections contained in this proposed rule are
found in Sec. Sec. 22.5 (reporting), 22.6 (reporting and
recordkeeping), 22.7 (reporting), and 22.10 (reporting).
The OMB control numbers that will be revised include the following:
------------------------------------------------------------------------
Program or
Bureau/Office activity OMB Control Nos.
------------------------------------------------------------------------
Departmental Offices, Office Community 1559-0021
of Domestic Finance, Office Development
of Financial Institutions. Financial
Institutions
(CDFI) Fund--
Financial
Component.
Departmental Offices, Office Community 1559-0021
of Domestic Finance, Office Development
of Financial Institutions. Financial
Institutions
(CDFI) Fund--
Technical
Assistance
Component.
Departmental Offices, Office Bank Enterprise 1559-0032, 1559-0005
of Domestic Finance, Office Award Program.
of Financial Institutions.
Departmental Offices, Office Native American 1559-0021
of Domestic Finance, Office Community
of Financial Institutions. Development
Financial
Institutions
(CDFI)
Assistance
Program,
Financial
Assistance (FA)
Awards.
Departmental Offices, Office Native American 1559-0021
of Domestic Finance, Office Community
of Financial Institutions. Development
Financial
Institutions
(CDFI)
Assistance
(NACA) Program,
Technical
Assistance
Grants.
Departmental Offices, Office Community 1559-0043
of Domestic Finance, Office Development
of Financial Institutions. Financial
Institutions
Fund, Capital
Magnet Fund.
Departmental Offices, Office State Small 1505-0227
of Domestic Finance, Office Business Credit
of Small Business, Community Initiative.
Development, and Housing
Policy.
Internal Revenue Service..... Tax Counseling 1545-2222
for the Elderly
Grant Program.
Internal Revenue Service..... Volunteer Income 1545-2222
Tax Assistance
Program.
Internal Revenue Service..... Volunteer Income 1545-2222
Tax Assistance
Grant Program.
Internal Revenue Service..... Low Income 1545-1648
Taxpayer Clinic
Grant Program.
United States Mint........... U.S. TBD
Commemorative
Coin Programs.
[[Page 39979]]
Departmental Offices, Equitable 1505-0152
Treasury Executive Office sharing program
for Asset Forfeiture. (transfer of
forfeited
property to
state and local
law enforcement
agencies).
Departmental Offices, Office Grants under the 1505-0250
of the Fiscal Assistant RESTORE Act's
Secretary. Direct
Component and
Centers of
Excellence
program.
------------------------------------------------------------------------
Comments on the collection of information should be sent to the
Office of Management and Budget, Attention: Desk Officer for the
Department of Treasury, Office of Information and Regulatory Affairs,
Washington, DC 20503, or email to OIRA_Submission@OMB.EOP.gov with
copies to the Department of Treasury at the addresses specified in the
ADDRESSES section. Comments on the information collection should be
submitted no later than September 11, 2015. Comments are specifically
requested concerning:
1. Whether the proposed information collection is necessary for the
proper performance of agency functions, including whether the
information will have practical utility;
2. The accuracy of the estimated burden associated with the
proposed collection of information, including the validity of the
methodology and assumptions used (see below);
3. How to enhance the quality, utility, and clarity of the
information required to be maintained; and
4. How to minimize the burden of complying with the proposed
information collection, including the application of automated
collection techniques or other forms of information technology.
List of Subjects in 31 CFR Part 22
Civil rights, Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Department proposes
to amend 31 CFR by adding part 22 to read as follows:
PART 22--NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, OR NATIONAL
ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL
ASSISTANCE FROM THE DEPARTMENT OF THE TREASURY
Sec.
22.1 Purpose.
22.2 Application.
22.3 Definitions.
22.4 Discrimination prohibited.
22.5 Assurances required.
22.6 Compliance information.
22.7 Conduct of investigations.
22.8 Procedure for effecting compliance.
22.9 Hearings.
22.10 Decisions and notices.
22.11 Judicial review.
22.12 Effect on other regulations, forms, and instructions.
Appendix A to Part 22--Activities to Which This Part Applies
Authority: 42 U.S.C. 2000d-2000d-7.
Sec. 22.1 Purpose.
The purpose of this part is to effectuate the provisions of Title
VI of the Civil Rights Act of 1964 (Title VI) to the end that no person
in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or
activity receiving federal financial assistance from the Department of
the Treasury.
Sec. 22.2 Application.
(a) This part applies to any program for which federal financial
assistance is authorized under a law administered by the Department,
including the types of federal financial assistance listed in Appendix
A to this part. It also applies to money paid, property transferred, or
other federal financial assistance extended after the effective date of
this part pursuant to an application approved before that effective
date. This part does not apply to:
(1) Any federal financial assistance by way of insurance or
guaranty contracts;
(2) Any assistance to any individual who is the ultimate
beneficiary; or
(3) Any employment practice, under any such program, of any
employer, employment agency, or labor organization, except to the
extent described in Sec. 22.4(c). The fact that a type of federal
financial assistance is not listed in Appendix A to this part shall not
mean, if Title VI is otherwise applicable, that a program is not
covered. Other types of federal financial assistance under statutes now
in force or hereinafter enacted may be added to appendix A to this
part.
(b) In any program receiving federal financial assistance in the
form, or for the acquisition, of real property or an interest in real
property, to the extent that rights to space on, over, or under any
such property are included as part of the program receiving that
assistance, the nondiscrimination requirement of this part shall extend
to any facility located wholly or in part in that space.
Sec. 22.3 Definitions.
As used in this part:
Applicant means a person who submits an application, request, or
plan required to be approved by an official of the Department of the
Treasury, or designee thereof, or by a primary recipient, as a
condition to eligibility for federal financial assistance, and
application means such an application, request, or plan.
Designated agency official means the Assistant Secretary for
Management and his or her designee.
Facility includes all or any part of structures, equipment, or
other real or personal property or interests therein, and the provision
of facilities includes the construction, expansion, renovation,
remodeling, alteration, or acquisition of facilities.
Federal financial assistance includes:
(1) Grants and loans of federal funds; (2) The grant or donation of
federal property and interests in property;
(3) The detail of federal personnel;
(4) The sale and lease of, and the permission to use (on other than
a casual or transient basis), federal property or any interest in such
property without consideration or at a nominal consideration, or at a
consideration which is reduced for the purpose of assisting the
recipient, or in recognition of the public interest to be served by
such sale or lease to the recipient; and
(5) Any federal agreement, arrangement, or other contract which has
as one of its purposes the provision of assistance.
Primary recipient means any recipient that is authorized or
required to extend federal financial assistance to another recipient.
Program or activity and program mean all of the operations of any
entity described in the following paragraphs (1) through (4) of this
definition, any part of which is extended federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such state or local government that distributes
such assistance and each such department or agency to which the
assistance is extended, in the case of assistance to a State or local
government;
[[Page 39980]]
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which federal financial assistance is extended, in the case
of any other corporation, partnership, private organization or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in the preceding paragraphs (1), (2), or (3) of this
definition.
Recipient may mean any State, territory, possession, the District
of Columbia, or Puerto Rico, or any political subdivision thereof, or
instrumentality thereof, any public or private agency, institution, or
organization, or other entity, or any individual, in any State,
territory, possession, the District of Columbia, or Puerto Rico, to
whom federal financial assistance is extended, directly or through
another recipient, including any successor, assignee, or transferee
thereof, but such term does not include any ultimate beneficiary.
Sec. 22.4 Discrimination prohibited.
(a) General. No person in the United States shall, on the grounds
of race, color, or national origin be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination
under, any program to which this part applies.
(b) Specific discriminatory actions prohibited. (1) A recipient to
which this part applies may not, directly or through contractual or
other arrangements, on the grounds of race, color, or national origin:
(i) Deny a person any service, financial aid, or other benefit
provided under the program;
(ii) Provide any service, financial aid, or other benefit to a
person which is different, or is provided in a different manner, from
that provided to others under the program;
(iii) Subject a person to segregation or separate treatment in any
matter related to his receipt of any service, financial aid, or other
benefit under the program;
(iv) Restrict a person in any way in the enjoyment of any advantage
or privilege enjoyed by others receiving any service, financial aid, or
other benefit under the program;
(v) Treat a person differently from others in determining whether
he satisfies any admission, enrollment, quota, eligibility, membership,
or other requirement or condition which persons must meet in order to
be provided any service, financial aid, or other benefit provided under
the program;
(vi) Deny a person an opportunity to participate in the program
through the provision of services or otherwise to afford him an
opportunity to do so which is different from that afforded others under
the program (including the opportunity to participate in the program as
a volunteer or as an employee, but only to the extent set forth in
paragraph (c) of this section); or
(vii) Deny a person the opportunity to participate as a member of a
planning, advisory, or similar body which is an integral part of the
program.
(2) A recipient, in determining the types of services, financial
aid, or other benefits, or facilities which will be provided under any
such program, or the class of persons to whom, or the situations in
which, such services, financial aid, other benefits, or facilities will
be provided under any such program, or the class of persons to be
afforded an opportunity to participate in any such program, may not,
directly or through contractual or other arrangements, use criteria or
methods of administration which have the effect of subjecting persons
to discrimination because of their race, color, or national origin or
have the effect of defeating or substantially impairing accomplishment
of the objectives of the program with respect to individuals of a
particular race, color, or national origin.
(3) In determining the site or location of facilities, a recipient
or applicant may not make selections with the purpose or effect of
excluding persons from, denying them the benefits of, or subjecting
them to discrimination under any program to which this regulation
applies, on the grounds of race, color, or national origin; or with the
purpose or effect of defeating or substantially impairing the
accomplishment of the objectives of Title VI or this part.
(4) As used in this section the services, financial aid, or other
benefits provided under a program receiving federal financial
assistance include any service, financial aid, or other benefit
provided in or through a facility provided with the aid of federal
financial assistance.
(5) The enumeration of specific forms of prohibited discrimination
in this paragraph does not limit the generality of the prohibition in
paragraph (a) of this section.
(6) This part does not prohibit the consideration of race, color,
or national origin if the purpose and effect are to remove or overcome
the consequences of practices or impediments which have restricted the
availability of, or participation in, the program or activity receiving
federal financial assistance, on the grounds of race, color, or
national origin. Where prior discriminatory practice or usage tends, on
the grounds of race, color, or national origin to exclude individuals
from participation in, to deny them the benefits of, or to subject them
to discrimination under any program or activity to which this part
applies, the applicant or recipient must take affirmative action to
remove or overcome the effects of the prior discriminatory practice or
usage. Even in the absence of prior discriminatory practice or usage, a
recipient in administering a program or activity to which this part
applies, may take affirmative action to assure that no person is
excluded from participation in or denied the benefits of the program or
activity on the grounds of race, color, or national origin.
(c) Employment practices. (1) Where a primary objective of the
federal financial assistance to a program to which this part applies is
to provide employment, a recipient subject to this part shall not,
directly or through contractual or other arrangements, subject a person
to discrimination on the ground of race, color, or national origin in
its employment practices under such program (including recruitment or
recruitment advertising, hiring, firing, upgrading, promotion,
demotion, transfer, layoff, termination, rates of pay or other forms of
compensation or benefits, selection for training or apprenticeship, and
use of facilities). Such recipient shall take affirmative action to
insure that applicants are employed, and employees are treated during
employment, without regard to their race, color, or national origin.
The requirements applicable to construction employment under any such
program shall be those specified in or pursuant to Part III of
Executive Order 11246 or any Executive Order which supersedes it.
(2) Where a primary objective of the federal financial assistance
is not to provide employment, but
[[Page 39981]]
discrimination on the grounds of race, color, or national origin in the
employment practices of the recipient or other persons subject to the
regulation tends, on the grounds of race, color, or national origin, to
exclude individuals from participation in, deny them the benefits of,
or subject them to discrimination under any program to which this
regulation applies, the provisions of paragraph (c)(1) of this section
shall apply to the employment practices of the recipient or other
persons subject to the regulation, to the extent necessary to assure
equality of opportunity to, and nondiscriminatory treatment of,
beneficiaries.
Sec. 22.5 Assurances required.
(a) General. Either at the application stage or the award stage,
federal agencies must ensure that applications for federal financial
assistance or awards of federal financial assistance contain, be
accompanied by, or be covered by a specifically identified assurance
from the applicant or recipient, satisfactory to the designated agency
official, that each program or activity operated by the applicant or
recipient and to which these Title VI regulations apply will be
operated in compliance with these Title VI regulations.
(b) Duration of obligation. (1) In the case where the federal
financial assistance is to provide or is in the form of personal
property, or real property or interest therein or structures thereon,
the assurance shall obligate the recipient, or, in the case of a
subsequent transfer, the transferee, for the period during which the
property is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision
of similar services or benefits, or for as long as the recipient
retains ownership or possession of the property, whichever is longer.
In all other cases the assurance shall obligate the recipient for the
period during which federal financial assistance is extended to the
program.
(2) In the case where federal financial assistance is provided in
the form of a transfer of real property, structures, or improvements
thereon, or interest therein, from the federal Government, the
instrument effecting or recording the transfer shall contain a covenant
running with the land assuring nondiscrimination for the period during
which the real property is used for a purpose for which the federal
financial assistance is extended or for another purpose involving the
provision of similar services or benefits. Where no transfer of
property or interest therein from the federal government is involved,
but property is acquired or improved with federal financial assistance,
the recipient shall agree to include such covenant in any subsequent
transfer of such property. When the property is obtained from the
federal government, such covenant may also include a condition coupled
with a right to be reserved by the Department to revert title to the
property in the event of a breach of the covenant where, in the
discretion of the designated agency official, such a condition and
right of reverter is appropriate to the statute under which the real
property is obtained and to the nature of the grant and the grantee. In
such event if a transferee of real property proposes to mortgage or
otherwise encumber the real property as security for financing
construction of new, or improvement of existing, facilities on such
property for the purposes for which the property was transferred, the
designated agency official may agree, upon request of the transferee
and if necessary to accomplish such financing, and upon such conditions
as the designated agency official deems appropriate, to subordinate
such right of reversion to the lien of such mortgage or other
encumbrance.
(c) Continuing federal financial assistance. Every application by a
State or a State agency for continuing federal financial assistance to
which this part applies (including the types of federal financial
assistance listed in appendix A to this part) shall as a condition to
its approval and the extension of any federal financial assistance
pursuant to the application:
(1) Contain, be accompanied by, or be covered by a statement that
the program is (or, in the case of a new program, will be) conducted in
compliance with all requirements imposed by or pursuant to this part;
and
(2) Provide, be accompanied by, or be covered by provision for such
methods of administration for the program as are found by the
designated agency official to give reasonable guarantee that the
applicant and all recipients of federal financial assistance under such
program will comply with all requirements imposed by or pursuant to
this part.
(d) Assurance from institutions. (1) In the case of any application
for federal financial assistance to an institution of higher education
(including assistance for construction, for research, for special
training projects, for student loans or for any other purpose), the
assurance required by this section shall extend to admission practices
and to all other practices relating to the treatment of students.
(2) The assurance required with respect to an institution of higher
education, hospital, or any other institution, insofar as the assurance
relates to the institution's practices with respect to admission or
other treatment of individuals as students, patients, or clients of the
institution or to the opportunity to participate in the provision of
services or other benefits to such individuals, shall be applicable to
the entire institution.
(e) Form. (1) The assurances required by paragraph (a) of this
section, which may be included as part of a document that addresses
other assurances or obligations, shall include that the applicant or
recipient will comply with all applicable federal statutes relating to
nondiscrimination. This includes but is not limited to Title VI of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq.
(2) The designated agency official will specify the extent to which
such assurances will be required of the applicant's or recipient's
subgrantees, contractors, subcontractors, transferees, or successors in
interest. Any such assurance shall include provisions which give the
United States a right to seek its judicial enforcement.
Sec. 22.6 Compliance information.
(a) Cooperation and assistance. The designated Agency official
shall to the fullest extent practicable seek the cooperation of
recipients in obtaining compliance with this part and shall provide
assistance and guidance to recipients to help them comply voluntarily
with this part.
(b) Compliance reports. Each recipient shall keep such records and
submit to the designated Agency official timely, complete, and accurate
compliance reports at such times, and in such form and containing such
information, as the designated Agency official may determine to be
necessary to enable the designated Agency official to ascertain whether
the recipient has complied or is complying with this part. In the case
in which a primary recipient extends federal financial assistance to
any other recipient, such other recipient shall also submit such
compliance reports to the primary recipient as may be necessary to
enable the primary recipient to carry out its obligations under this
part. In general recipients should have available for the designated
Agency official racial and ethnic data showing the extent to which
members of minority groups are beneficiaries of programs receiving
federal financial assistance.
(c) Access to sources of information. Each recipient shall permit
access by the designated Agency official during
[[Page 39982]]
normal business hours to such of its books, records, accounts, and
other sources of information, and its facilities as may be pertinent to
ascertain compliance with this part. Where any information required of
a recipient is in the exclusive possession of any other agency,
institution, or person and this agency, institution, or person fails or
refuses to furnish this information, the recipient shall so certify in
its report and shall set forth what efforts it has made to obtain the
information.
(d) Information to beneficiaries and participants. Each recipient
shall make available to participants, beneficiaries, and other
interested persons such information regarding the provisions of this
part and its applicability to the program for which the recipient
receives federal financial assistance, and make such information
available to them in such manner, as the designated Agency official
finds necessary to apprise such persons of the protections against
discrimination assured them by Title VI and this part.
Sec. 22.7 Conduct of investigations.
(a) Periodic compliance reviews. The designated Agency official
shall from time to time review the practices of recipients to determine
whether they are complying with this part.
(b) Complaints. Any person who believes that he or she, or any
specific class of persons, has been subjected to discrimination
prohibited by this part may by himself or herself, or by a
representative, file with the designated Agency official a written
complaint. A complaint must be filed not later than 180 days after the
date of the alleged discrimination, unless the time for filing is
extended by the designated Agency official.
(c) Investigations. The designated Agency official will make a
prompt investigation whenever a compliance review, report, complaint,
or any other information indicates a possible failure to comply with
this part. The investigation will include, where appropriate, a review
of the pertinent practices and policies of the recipient, the
circumstances under which the possible noncompliance with this part
occurred, and other factors relevant to a determination as to whether
the recipient has failed to comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) of this section indicates a failure to comply with this
part, the designated Agency official will so inform the recipient and
the matter will be resolved by informal means whenever possible. If it
has been determined that the matter cannot be resolved by informal
means, action will be taken as provided for in Sec. 22.8.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) of this section the designated Agency official will so
inform the recipient and the complainant, if any, in writing.
(e) Intimidatory or retaliatory acts prohibited. No recipient or
other person shall intimidate, threaten, coerce, or discriminate
against any individual for the purpose of interfering with any right or
privilege secured by section 601 of Title VI or this part, or because
the individual has made a complaint, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing
under this part. The identity of complainants shall be kept
confidential except to the extent necessary to carry out the purposes
of this part, including the conduct of any investigation, hearing, or
judicial proceeding arising thereunder.
Sec. 22.8 Procedure for effecting compliance.
(a) General. If there appears to be a failure or threatened failure
to comply with this part, and if the noncompliance or threatened
noncompliance cannot be corrected by informal means, compliance with
this part may be effected by the suspension or termination of or
refusal to grant or to continue federal financial assistance or by any
other means authorized by law. Such other means may include, but are
not limited to:
(1) A referral to the Department of Justice with a recommendation
that appropriate proceedings be brought to enforce any rights of the
United States under any law of the United States (including other
titles of the Civil Rights Act of 1964), or any assurance or other
contractual undertaking; and
(2) Any applicable proceeding under State or local law.
(b) Noncompliance with Sec. 22.5. If an applicant fails or refuses
to furnish an assurance required under Sec. 22.5 or otherwise fails or
refuses to comply with a requirement imposed by or pursuant to that
section, federal financial assistance may be suspended, terminated, or
refused in accordance with the procedures of paragraph (c) of this
section. The Agency shall not be required to provide assistance in such
a case during the pendency of the administrative proceedings under such
paragraph. However, subject to Sec. 22.12, the Agency shall continue
assistance during the pendency of such proceedings where such
assistance is due and payable pursuant to an application approved prior
to the effective date of this part.
(c) Termination of or refusal to grant or to continue federal
financial assistance. (1) No order suspending, terminating, or refusing
to grant or continue federal financial assistance shall become
effective until:
(i) The designated Agency official has advised the applicant or
recipient of the applicant's or recipient's failure to comply and has
determined that compliance cannot be secured by voluntary means;
(ii) There has been an express finding on the record, after
opportunity for hearing, of a failure by the applicant or recipient to
comply with a requirement imposed by or pursuant to this part;
(iii) The action has been approved by the designated Agency
official pursuant to Sec. 22.10(e); and
(iv) The expiration of 30 days after the designated Agency official
has filed with the committee of the House and the committee of the
Senate having legislative jurisdiction over the program involved, a
full written report of the circumstances and the grounds for such
action.
(2) Any action to suspend or terminate or to refuse to grant or to
continue federal financial assistance shall be limited to the
particular political entity, or part thereof, or other applicant or
recipient as to whom such a finding has been made and shall be limited
in its effect to the particular program, or part thereof, in which such
noncompliance has been so found.
(d) Other means authorized by law. No action to effect compliance
with Title VI by any other means authorized by law shall be taken by
the Department of the Treasury until:
(1) The designated Agency official has determined that compliance
cannot be secured by voluntary means;
(2) The recipient or other person has been notified of its failure
to comply and of the action to be taken to effect compliance; and
(3) The expiration of at least 10 days from the mailing of such
notice to the recipient or other person. During this period of at least
10 days, additional efforts shall be made to persuade the recipient or
other person to comply with the regulation and to take such corrective
action as may be appropriate.
Sec. 22.9 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required by Sec. 22.8(c), reasonable notice shall be given by
registered or certified mail, return receipt requested, to the affected
applicant or recipient. This notice shall advise the applicant or
recipient of the
[[Page 39983]]
action proposed to be taken, the specific provision under which the
proposed action against it is to be taken, and the matters of fact or
law asserted as the basis for this action, and either:
(1) Fix a date not less than 20 days after the date of such notice
within which the applicant or recipient may request of the designated
agency official that the matter be scheduled for hearing; or
(2) Advise the applicant or recipient that the matter in question
has been set for hearing at a stated place and time. The time and place
so fixed shall be reasonable and shall be subject to change for cause.
The complainant, if any, shall be advised of the time and place of the
hearing. An applicant or recipient may waive a hearing and submit
written information and argument for the record. The failure of an
applicant or recipient to request a hearing under this paragraph or to
appear at a hearing for which a date has been set shall be deemed to be
a waiver of the right to a hearing under section 602 of Title VI and
Sec. 22.8(c) and consent to the making of a decision on the basis of
such information as is available.
(b) Time and place of hearing. Hearings shall be held at the
offices of the Department of the Treasury component administering the
program, at a time fixed by the designated Agency official unless the
designated Agency official determines that the convenience of the
applicant or recipient or of the Agency requires that another place be
selected. Hearings shall be held before the designated Agency official,
or at designated Agency official's discretion, before a hearing
examiner appointed in accordance with section 3105 of title 5, United
States Code, or detailed under section 3344 of title 5, United States
Code.
(c) Right to counsel. In all proceedings under this section, the
applicant or recipient and the Agency shall have the right to be
represented by counsel.
(d) Procedures, evidence, and record. (1) The hearing, decision,
and any administrative review thereof shall be conducted in conformity
with sections 554 through 557 of title 5, United States Code, and in
accordance with such rules of procedure as are proper (and not
inconsistent with this section) relating to the conduct of the hearing,
giving of notices subsequent to those provided for in paragraph (a) of
this section, taking of testimony, exhibits, arguments and briefs,
requests for findings, and other related matters. Both the designated
Agency official and the applicant or recipient shall be entitled to
introduce all relevant evidence on the issues as stated in the notice
for hearing or as determined by the officer conducting the hearing at
the outset of or during the hearing.
(2) Technical rules of evidence do not apply to hearings conducted
pursuant to this part, but rules or principles designed to assure
production of the most credible evidence available and to subject
testimony to test by cross-examination shall be applied where
determined reasonably necessary by the officer conducting the hearing.
The hearing officer may exclude irrelevant, immaterial, or unduly
repetitious evidence. All documents and other evidence offered or taken
for the record shall be open to examination by the parties and
opportunity shall be given to refute facts and arguments advanced on
either side of the issues. A transcript shall be made of the oral
evidence except to the extent the substance thereof is stipulated for
the record. All decisions shall be based upon the hearing record and
written findings shall be made.
(e) Consolidated or joint hearings. In cases in which the same or
related facts are asserted to constitute noncompliance with this part
with respect to two or more federal statutes, authorities, or other
means by which federal financial assistance is extended and to which
this part applies, or noncompliance with this part and the regulations
of one or more other federal departments or agencies issued under Title
VI, the designated Agency official may, by agreement with such other
departments or agencies, where applicable, provide for the conduct of
consolidated or joint hearings, and for the application to such
hearings of rules or procedures not inconsistent with this part. Final
decisions in such cases, insofar as this regulation is concerned, shall
be made in accordance with Sec. 22.10.
Sec. 22.10 Decisions and notices.
(a) Procedure on decisions by hearing examiner. If the hearing is
held by a hearing examiner, the hearing examiner shall either make an
initial decision, if so authorized, or certify the entire record
including his recommended findings and proposed decision to the
designated agency official for a final decision, and a copy of such
initial decision or certification shall be mailed to the applicant or
recipient. Where the initial decision is made by the hearing examiner
the applicant or recipient may, within 30 days after the mailing of
such notice of initial decision, file with the designated Agency
official the applicant's or recipient's exceptions to the initial
decision, with the reasons therefor. In the absence of exceptions, the
designated Agency official may, on his or her own motion, within 45
days after the initial decision, serve on the applicant or recipient a
notice that the designated Agency official will review the decision.
Upon the filing of such exceptions or of notice of review, the
designated Agency official shall review the initial decision and issue
his or her own decision thereon including the reasons therefor. In the
absence of either exceptions or a notice of review the initial decision
shall, subject to paragraph (e) of this section, constitute the final
decision of the designated Agency official.
(b) Decisions on record or review by the designated Agency
official. Whenever a record is certified to the designated Agency
official for decision or he or she reviews the decision of a hearing
examiner pursuant to paragraph (a) of this section, or whenever the
designated Agency official conducts the hearing, the applicant or
recipient shall be given reasonable opportunity to file with the
designated Agency official briefs or other written statements of its
contentions, and a written copy of the final decision of the designated
Agency official shall be sent to the applicant or recipient and to the
complainant, if any.
(c) Decisions on record where a hearing is waived. Whenever a
hearing is waived pursuant to Sec. 22.9, a decision shall be made by
the designated Agency official on the record and a written copy of such
decision shall be sent to the applicant or recipient, and to the
complainant, if any.
(d) Rulings required. Each decision of a hearing examiner or the
designated Agency official shall set forth his or her ruling on each
finding, conclusion, or exception presented, and shall identify the
requirement or requirements imposed by or pursuant to this part with
which it is found that the applicant or recipient has failed to comply.
(e) Approval by designated Agency official. Any final decision by
an official of the Agency, other than the designated Agency official
personally, which provides for the suspension or termination of, or the
refusal to grant or continue federal financial assistance, or the
imposition of any other sanction available under this part or Title VI,
shall promptly be transmitted to the designated Agency official
personally, who may approve such decision, may vacate it, or remit or
mitigate any sanction imposed.
(f) Content of orders. The final decision may provide for
suspension or termination of, or refusal to grant or continue federal
financial assistance, in whole or in part, to which this regulation
applies, and may contain
[[Page 39984]]
such terms, conditions, and other provisions as are consistent with and
will effectuate the purposes of Title VI and this part, including
provisions designed to assure that no federal financial assistance to
which this regulation applies will thereafter be extended to the
applicant or recipient determined by such decision to be in default in
its performance of an assurance given by it pursuant to this part, or
to have otherwise failed to comply with this part, unless and until it
corrects its noncompliance and satisfies the designated Agency official
that it will fully comply with this part.
(g) Post termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (f) of this
section shall be restored to full eligibility to receive federal
financial assistance if it satisfies the terms and conditions of that
order for such eligibility or if it brings itself into compliance with
this part and provides reasonable assurance that it will fully comply
with this part.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (f) of this section may at any time
request the designated Agency official to restore fully its eligibility
to receive federal financial assistance. Any such request shall be
supported by information showing that the applicant or recipient has
met the requirements of paragraph (g)(1) of this section. If the
designated Agency official determines that those requirements have been
satisfied, he or she shall restore such eligibility.
(3) If the designated Agency official denies any such request, the
applicant or recipient may submit a request for a hearing in writing,
specifying why it believes such official to have been in error. It
shall thereupon be given an expeditious hearing, with a decision on the
record in accordance with rules or procedures issued by the designated
Agency official. The applicant or recipient will be restored to such
eligibility if it proves at such a hearing that it satisfied the
requirements of paragraph (g)(1) of this section. While proceedings
under this paragraph are pending, the sanctions imposed by the order
issued under paragraph (f) of this section shall remain in effect.
Sec. 22.11 Judicial review.
Action taken pursuant to section 602 of the Title VI is subject to
judicial review as provided in section 603 of the Title VI.
Sec. 22.12 Effect on other regulations, forms, and instructions.
(a) Effect on other regulations. All regulations, orders, or like
directions issued before the effective date of this part by any officer
of the Department of the Treasury which impose requirements designed to
prohibit any discrimination against individuals on the grounds of race,
color, or national origin under any program to which this part applies,
and which authorize the suspension or termination of or refusal to
grant or to continue federal financial assistance to any applicant for
a recipient of such assistance for failure to comply with such
requirements, are hereby superseded to the extent that such
discrimination is prohibited by this part, except that nothing in this
part may be considered to relieve any person of any obligation assumed
or imposed under any such superseded regulation, order, instruction, or
like direction before the effective date of this part. Nothing in this
part, however, supersedes any of the following (including future
amendments thereof):
(1) Executive Order 11246 (3 CFR, 1965 Supp., p. 167) and
regulations issued thereunder; or
(2) Any other orders, regulations, or instructions, insofar as such
orders, regulations, or instructions prohibit discrimination on the
ground of race, color, or national origin in any program or situation
to which this part is inapplicable, or prohibit discrimination on any
other ground.
(b) Forms and instructions. The designated Agency official shall
issue and promptly make available to all interested persons forms and
detailed instructions and procedures for effectuating this part as
applied to programs to which this part applies and for which the
designated Agency official is responsible.
(c) Supervision and coordination. The designated Agency official
may from time to time assign to officials of the Agency, or to
officials of other departments or agencies of the Government with the
consent of such departments or agencies, responsibilities in connection
with the effectuation of the purposes of Title VI and this part (other
than responsibility for final decision as provided in Sec. 22.10),
including the achievement of effective coordination and maximum
uniformity within the Agency and within the Executive Branch of the
Government in the application of Title VI and this part to similar
programs and in similar situations. Any action taken, determination
made or requirement imposed by an official of another department or
agency acting pursuant to an assignment of responsibility under this
paragraph shall have the same effect as though such action had been
taken by the designated Agency official of the Department.
Appendix A to Part 22--Activities to Which This Part Applies
Note: Failure to list a type of federal assistance in this
appendix A shall not mean, if Title VI is otherwise applicable, that
a program is not covered.
------------------------------------------------------------------------
Program or
Component activity Authority
------------------------------------------------------------------------
Departmental Offices, Office of Community Riegle Community
Domestic Finance, Office of Development Development and
Financial Institutions. Financial Regulatory
Institutions Improvement Act
Fund--Financial of 1994, 12
Component. U.S.C. 4701 et
seq.
Departmental Offices, Office of Community Riegle Community
Domestic Finance, Office of Development Development and
Financial Institutions. Financial Regulatory
Institutions Improvement Act
Fund--Technical of 1994, 12
Assistance U.S.C. 4701 et
Component. seq.
Departmental Offices, Office of Bank Enterprise Riegle Community
Domestic Finance, Office of Award Program. Development and
Financial Institutions. Regulatory
Improvement Act
of 1994 sec. 114,
12 U.S.C. 4713.
Departmental Offices, Office of Native American Riegle Community
Domestic Finance, Office of Community Development
Financial Institutions. Development Banking and
Financial Financial
Institutions Institutions Act
Assistance of 1994, 12
Program, U.S.C. 4701 et
Financial seq.
Assistance (FA)
Awards.
Departmental Offices, Office of Native American Riegle Community
Domestic Finance, Office of Community Development
Financial Institutions. Development Banking and
Financial Financial
Institutions Institutions Act
Assistance (NACA) of 1994, 12
Program, U.S.C. 4701 et
Technical seq.
Assistance Grants.
Departmental Offices, Office of Community Housing and
Domestic Finance, Office of Development Economic Recovery
Financial Institutions. Financial Act of 2008 sec.
Institutions 1339, 12 U.S.C.
Fund, Capital 4569.
Magnet Fund.
[[Page 39985]]
Departmental Offices, Office of State Small Small Business
Domestic Finance, Office of Business Credit Jobs Act of 2010,
Small Business, Community Initiative. 12 U.S.C. 5701 et
Development, and Housing Policy. seq.
Internal Revenue Service........ Tax Counseling for Revenue Act of
the Elderly Grant 1978 sec. 163,
Program. Pub. L. 95-600,
92 Stat 2763,
2810-2811.
Internal Revenue Service........ Volunteer Income Tax Reform Act of
Tax Assistance 1969, Pub. L. 91-
Program. 172, 83 Stat.
487.
Internal Revenue Service........ Volunteer Income Consolidated
Tax Assistance Appropriations
Grant Program. Act, Pub. L. 110-
161, 121 Stat.
1844, 1975-76
(2007).
Internal Revenue Service........ Low Income Internal Revenue
Taxpayer Clinic Service
Grant Program. Restructuring and
Reform Act of
1998 sec. 3601,
26 U.S.C. 7526.
United States Mint.............. U.S. Commemorative Specific acts of
Coin Programs. Congress that
authorize United
States
commemorative
coin and medal
programs provide
assistance. See,
e.g., the Louis
Braille
Bicentennial--Bra
ille Literacy
Commemorative
Coin Act, Pub. L.
109-247 (2006);
the Boy Scouts of
America
Centennial
Commemorative
Coin Act, Pub. L.
110-363 (2008);
the American
Veterans Disabled
for Life
Commemorative
Coin Act, Pub. L.
110-277 (2008);
and the National
September 11
Memorial & Museum
Commemorative
Medal Act of
2010, Pub. L. 111-
221 (2010).
Departmental Offices, Treasury Equitable sharing 18 U.S.C.
Executive Office for Asset program (transfer 981(e)(2); 21
Forfeiture. of forfeited U.S.C.
property to state 881(e)(1)(A); 31
and local law U.S.C. 9703.
enforcement
agencies).
Various Treasury Bureaus and Unreimbursed 5 U.S.C. 3371
Offices (including the Internal detail of Federal through 3376.
Revenue Service). Employees through
the
Intergovernmental
Personnel Act.
Departmental Offices, Office of Grants under the Resources and
the Fiscal Assistant Secretary. RESTORE Act's Ecosystems
Direct Component Sustainability,
and Centers of Tourist
Excellence Opportunities,
program and and Revived
supplemental Economies of the
compliance Gulf Coast States
responsibilities Act of 2012, Pub.
for its L. 112-141.
Comprehensive
Plan and Spill
Impact Components.
------------------------------------------------------------------------
Brodi Fontenot,
Assistant Secretary for Management.
[FR Doc. 2015-17034 Filed 7-10-15; 8:45 am]
BILLING CODE 4810-25-P