States Civil Service Commission and published in the Federal Register, except when it is determined by the President that such report and publication would be contrary to the interest of national security.1 REORGANIZATION PLAN NO. 7 OF 1949 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 20, 1949, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [sections 133z to 133z-15 of this title]. PUBLIC ROADS ADMINISTRATION Sec. 1. Transfer of Public Roads Administration The Public Roads Administration, together with its functions, including the functions of the Commissioner of Public Roads, is hereby transferred to the Department of Commerce and shall be administered by the Commissioner of Public Roads subject to the direction and control of the Secretary of Commerce. Sec. 2. Transfer of certain functions of Federal Works Administrator All functions of the Federal Works Administrator with respect to the agency and functions transferred by the provisions of section 1 hereof are hereby transferred to the Secretary of Commerce and shall be performed by the Secretary or, subject to his direction and control, by such officers, employees, and agencies of the Department of Commerce as the Secretary shall designate. Sec. 3. Records, property, personnel, and funds There are hereby transferred to the Department of Commerce, to be used, employed, and expended in connection with the functions transferred by the provisions of this reorganization plan, the records and property now being used or held in connection with such functions, the personnel employed in connection with such functions, together with the Commissioner of Public Roads, and the unexpended balances of appropriations, allocations, and other funds available or to be made available for use in connection with such functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate. Sec. 4. Effect of reorganization plan The provisions of this reorganization plan shall become effective notwithstanding the status of the Public Roads Administration within the Federal Works Agency or within any other agency immediately prior to the effective date of this reorganization plan (as amended June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380. See section 630b of this title). 1 Federal Register, 29 F.R. 12788, Sept. 10, 1964. NATIONAL DRIVER REGISTER SERVICE ACT Public Law 86-660, 86th Cong., July 14, 1960, 74 Stat. 526 AN ACT To provide for a register in the Department of Commerce in which shall be listed the names of certain persons who have had their motor vehicle operators licenses revoked. That the Secretary of Commerce shall establish and maintain a register containing the name of each individual reported to him by a State, or political subdivision thereof, as an individual with respect to whom such State or political subdivision has terminated or temporarily withdrawn an individual's license or privilege to operate a motor vehicle because of (1) driving under the influence of intoxicating liquor, or (2) conviction of a violation of a statute of a State, or ordinance of any political subdivision thereof, which resulted in the death of any person. Such register shall contain such other information as the Secretary may deem appropriate to carry out the purposes of this Act.1 SEC. 2. The Secretary shall, at the request of any State, or political subdivision thereof, furnish such information as may be contained in the register established under section 1 with respect to any individual applicant for a motor vehicle operator's license or permit in such State or political subdivision. SEC. 3. The term "State" includes each of the several States, Puerto Rico, the District of Columbia, Guam, the Virgin Islands, and the Canal Zone. CIVIL RIGHTS ACT OF 1964 Public Law 88-352, 88th Cong., July 2, 1964, 78 Stat. 241 TITLE VI-NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS SEC. 601. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. SEC. 602. Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other 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, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report. SEC. 603. Any department or agency action taken pursuant to section 602 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of 1 Amended by P.L. 87-359, Oct. 4, 1961 (75 Stat. 779). action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 602, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with section 10 of the Administrative Procedure Act, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that section. SEC. 604. Nothing contained in this title shall be construed to authorize action under this title by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the Federal financial assistance is to provide employment. SEC. 605. Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty. NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF COMMERCE-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 1 15 C. F. R., Subtitle A, Pt. 8 Subtitle A of Title 15 CFR is hereby amended by adding the following new Part 8. SUBPART A-GENERAL PROVISIONS; PROHIBITIONS; NONDISCRIMINATION CLAUSE; Cooperation; compliance reports and reviews; access to records. Intimidatory or retaliatory acts prohibited. Investigations. 8.7 8.8 Complaints. 8.9 8.10 8.11 Procedures for effecting compliance. 8.15 Effect on other laws; supplementary instructions; coordination. AUTHORITY: The provisions of this Part 8 are issued under sec. 602, 78 Stat. 252 (Civil Rights Act of 1964). The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (hereafter referred to as the "Act") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program receiving Federal financial assistance from the Department of Commerce. 1 Published in the Federal Register, 30 F.R. 305, Jan. 9, 1965, as corrected, 30 F.R. 616, Jan. 19, 1965. Sec. 8.2. Application of this part (a) This part applies to any program for which Federal financial assistance is authorized under a law administered by the Department, including the federally-assisted programs listed in Appendix A to this part and as said Appendix may be amended. They apply to money paid, property transferred, or other Federal financial assistance extended under any such program after the effective date of this part pursuant to an application approved prior to such effective date. (b) This part does not apply to (1) any Federal financial assistance by way of insurance or guaranty contracts, (2) money paid, property transferred, or other assistance extended under any such program before the effective date of this part, (3) any assistance to any individual who is the ultimate beneficiary under any such program, or (4) any employment practice, under any such program, of any employer, employment agency, or labor organization, except to the extent described in § 8.4 (c). The fact that a program is not listed in Appendix A shall not mean, if Title VI of the Act is otherwise applicable, that such program is not covered. Other programs under statutes now in force or hereinafter enacted may be added to the list by notice published in the Federal Register. Sec. 8.3. Definitions (a) "Department" means the Department of Commerce, and includes each of its primary organization and equivalent other units. (b) "Secretary" means the Secretary of Commerce. (c) "United States" means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the term "State" means any one of the foregoing. (d) "Person" means an individual in the United States who is or is eligible to be a participant in or a beneficiary of any program which receives Federal financial assistance, and includes an individual who is an owner or member of a firm, corporation, or other business or organization which is or is eligible to be a participant in or a beneficiary of such a program. Where a primary objective of a statute authorizing Federal financial assistance to a program is to provide employment, "person" includes employees or applicants for employment of a recipient under such program. (e) "Responsible Department official" with respect to any program receiving Federal financial assistance means the Secretary or other official of the Department who by law or by delegation has the principal authority within the Department for the administration of a law extending such assistance. It also means any officials so designated by due delegation of authority within the Department to act in such capacity with regard to any program under this part. (f) "Federal financial assistance" includes (1) grants, loans, or agreements for participation in loans, of Federal funds, (2) the grant or donation of Federal property or interests in property, (3) the sale or lease of, or the permission to use (on other than a casual or transient basis), Federal property or any interest in such property or in property in which the Federal Government has an interest, 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 or use by the recipient, (4) waiver of charges which would normally be made for the furnishing of Government services, (5) the details of Federal personnel, (6) technical assistance, and (7) any Federal agreement, arrangement, contract, or other instrument which has as one of its purposes the provision of assistance. (g) "Program" includes any program, project, or activity for the provision of services, financial aid, property or other benefits to persons, or for the provision of facilities for furnishing services, financial aid, property, or other benefits to persons whether provided by the recipient of Federal financial assistance or by others through contracts or other arrangements with the recipient, or whether provided with the aid of Federal financial assistance or with the aid of any non-Federal funds, property, facilities or other resources provided to meet the conditions under which Federal financial assistance will be received. It includes programs supported by: (1) Grants, loans or contracts to recipients which make further grants or loans to, or contracts with, participants in the program or to persons who are the ultimate beneficiaries, (2) grants, loans or contracts to recipients to help finance the provision of services to the ultimate beneficiaries. (3) grants, loans or contracts to help finance the construction or operation of public roads, public works, or other facilities, to provide benefits, aid or services to the ultimate beneficiaries, (4) Federal financial assistance where a primary objective of the assistance is to provide employment, (5) any other Federal financial assistance in which the immediate recipient of the assistance is not the sole or exclusive beneficiary of the Congressional purpose. (h) "Facility" includes all or any portion of structures, equipment, vessels, 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. (i) "Recipient" means any State, political subdivision of any State, or instrumentality of any State or political subdivision, or any public or private business or other agency, institution, organization, or other entity, or any individual, in any State, who applies for Federal financial assistance, or to whom Federal financial assistance is extended directly or through another recipient for or in connection with any program. Recipient further includes any successors, assigns, or transferees of any kind of the recipient, and those parties so designated for each program in § 8.6, but does not include any ultimate beneficiary under any program. (j) "Primary recipient" means any recipient which is authorized or required to extend or distribute Federal financial assistance to another recipient for the purpose of carrying out a program. (k) "Applicant" means one who submits an application, request, or plan required to be approved by a responsible Department official, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and “application" means such an application, request, or plan. Sec. 8.4. Discrimination prohibited (a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program to which this part applies. (b) Specific discriminatory acts prohibited. (1) A recipient of Federal financial assistance, or other party subject to these regulations under any program to which this part applies, shall not participate, directly or through contractual or other arrangements, in any act or course of conduct which, on the ground of race, color or national origin: (i) Denies to a person any service, financial aid, or other benefit provided under the program; (ii) Provides 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) Subjects a person to segregation or separate treatment in any matter related to his receipt of any such service, financial aid, property, or other benefit under the program; (iv) Restricts the person in any way in the enjoyment of services, facilities, or any other advantage, privilege, property, or benefit provided to others under the program; (v) Treats 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) Denies a person an opportunity to participate in the program through the provision of property or services or otherwise, or affords 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 an employee but only to the extent set forth in paragraph (c) of this section): (vii) Denies to the person the same opportunity or consideration given others to be selected or retained or otherwise to participate as a contractor or subcontractor when a program is applicable thereto. (2) A recipient, or other party subject to this part under any program, 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, shall not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their |