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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 or activity receiving Federal financial assistance from the National Endowment for the Arts or the National Endowment for the Humanities.
g1110.2 Application of part.
This part applies to any program for which Federal financial assistance is authorized under a law administered by the National Endowment for the Arts or the National Endowment for the Humanities including the federally assisted programs and activities listed in Appendix A of this part. It applies to money paid, property transferred, or other Federal financial assistance extended under any such program after the effective date of the part, including assistance pursuant to an application approved prior to such date. It also ap plies to federal financial assistance extended to any such program prior to the effective date of this part under a contract or grant where the term of the contract or grant continues beyond such date or where the assistance was to provide real or personal property and the recipient or his transferee continues to use or retain ownership or possession of the property (see $1110.4(a)(1)). This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty contract, (b) any assistance to any individual who is the ultimate beneficiary under any such program, or (c) any employment practice, under any such program, of any employer, employment agency, or labor organization, except to the extent described in g1110.3. The fact that a program or activity 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 this list by notice published in the FEDERAL REGISTER.
g1110.3 Discrimination prohibited.
(a) General. No person in the United States shall, on 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 under any program to which this part applies may not directly or through contractual or other arrangements, on the ground of race, color, or national origin:
(1) Deny an individual any service, financial aid, or other benefit provided under the program;
(ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program;
(iii) Subject an individual 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 an individual 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 an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any service, financial aid, or other benefit provided under the program;
(vi) Deny an individual an opportunity to participate in the program through the provision of services or otherwise or afford him an opportunity to do so which is different from that alforded 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).
(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 individuals to whom, or the sitnations in which, such services, financial aid, other benefits, or facilities will be provided under any such pro
gram, or the class of individuals to be afforded an opportunity to participate in any such program, may not directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting individuals 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 as respects 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 individuals 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 the Act or this regulation.
(4) As used in this section, the services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to 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 and paragraph (c) of this section does not limit the generality of the prohibition in paragraph (a) of this section.
(6) This regulation 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
ch 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 previous 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 regulation applies the applicant or recipient has an obligation to
take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purposes of the Act.
(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 may not directly or through contractual or other arrangements subject an individual to discrimination on the ground of race, color, or national origin in its employment practices under such program (including recruitment or recruitment advertising employment, layoff or termination, upgrading, demotion, or transfer, rates of pay or other forms of compensation and use of facilities), including programs where a primary objective of the Federal financial assistance is (1) to assist such individuals through employment to meet expenses incident to the commencement or continuation of their education or training or (ii) to provide work experience which contributes to the education or training of such individuals or (iii) to reduce the unemployment of such individuals or to help them through employment to meet subsistence needs.
(2) The requirements applicable to construction employment under any such program shall be those specified in or pursuant to Executive Order 11246 or any executive order which supersedes it.
(3) Where a primary objective of the Federal financial assistance is not to provide employment, but 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, to deny them the benefits of, or to subject them to discrimination under any program to which this regulation applies, the provisions of the foregoing subparagraph of this paragraph (c) 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.
(d) Medical emergencies. Notwith- (2) In the case of real property, strucstanding the foregoing provisions of tures or improvements thereon, or inthis section, a recipient of Federal fi- terests therein, which was acquired nancial assistance shall not be deemed through a program of Federal financial to have failed to comply with para- assistance, or in the case where Fedgraph (a) of this section if immediate eral financial assistance is provided in provision of a service or other benefit the form of a transfer of real property to an individual is necessary to prevent or interest therein from the Federal his death or serious impairment of his Government, the instrument effecting health and such service or other bene- or recording the transfer, shall contain fit cannot be provided except by or a covenant running with the land asthrough a medical institution which suring nondiscrimination for the period refuses or fails to comply with para during which the real property is used graph (a) of this section.
for a purpose for which the Federal fi
nancial assistance is extended or for 81110.4 Assurances required.
another purpose involving the provi(a) General. (1) Every application for sion of similar services or benefits. Federal financial assistance to carry Where no transfer of property is inout a program to which this part ap volved, but property is improved under plies, and every application for Federal a program of Federal financial assistfinancial assistance to provide a facil- ance, the recipients shall agree to inity shall, as a condition to its approval clude such a covenant in any subseand the extension of any Federal finan quent transfer of such property. Where cial assistance pursuant to the applica- the property is obtained from the Fedtion, contain or be accompanied by an eral Government, such covenant may assurance that the program will be also include a condition coupled with a conducted or the facility operated in right to be reserved by the Endowment compliance with all requirements im- to revert title to the property in the posed by or pursuant to this part. In event of a breach of the covenant the case where the Federal financial where, in the discretion of the responassistance is to provide or is in the sible Endowment official, such a condiform of personal property, or real prop- tion and right of reverter is approerty or interest therein or structures priate to the program under which the thereon, the assurance shall obligate real property is obtained and to the nathe recipient, or, in the case of a subse- ture of the grant and the grantee. In quent transfer, the transferee, for the the event a transferee of real property period during which the property is proposes to mortgage or otherwise enused for a purpose for which the Fed- cumber the real property as security eral financial assistance is extended or for financing construction of new, or for another purpose involving the pro- improvement of existing, facilities on vision of similar services and benefits, such property for the purposes for or for as long as the recipient retains which the property was transferred, ownership or possession of the prop the Chairman of the Endowment conerty, whichever is longer; and any cerned may agree, upon request of the other type or form of assistance, the transferee and if necessary to accomassurances shall be in effect for the du- plish such financing, and upon such ration of the period during which Fed conditions as he deems appropriate, to eral financial assistance is extended to forebear the exercise of such right to the program. The responsible Endow- revert title for so long as the lien of ment official shall specify the form of such mortgage or other encumbrance the foregoing assurances for each pro- remains effective. gram and the extent to which like as (3) Transfers of surplus property are surances will be required of subject to regulations issued by the subgrantees, contractors and sub- Administrator of the General Services contractors, successors in interest, and Administration. (41 CFR 101-6.2) other participants in the program. Any (b) Continuing State programs. Every such assurance shall include provisions application by a State or a State agenwhich give the United States a right to cy to carry out a program involving seek its judicial enforcement.
continuing Federal financial assistance
to which this part applies shall as a for construction, for research, for a condition to its approval and the ex- special training project, or for any tension of any Federal financial assist other purpose), the assurance required ance pursuant to the application (1) by this section shall extend to admiscontain or be accompanied by a state- sion practices and to all other pracment that the program is (or, in the tices relating to the treatment of stucase of a new program, will be) con dents. ducted in compliance with all require (2) The assurance required with rements imposed by or pursuant to this
spect to an institution of higher edupart, and (2) provide or be accompanied
cation or any other institution, insofar by provision for such methods of ad- as the assurance relates to the instituministration for the program as are tion's practices with respect to admisfound by the responsible Endowment sion or other treatment of individuals official to give reasonable assurance as students, or clients of the instituthat the applicant and all recipients of tion or to the opportunity to particiFederal financial assistance under such
pate in the provision of services or program will comply with all require
other benefits to such individuals, shall ments imposed by or pursuant to this
be applicable to the entire institution part.
unless the applicant establishes, to the (c) Elementary and secondary schools.
satisfaction of the responsible EndowThe requirements of paragraph (a) of
ment official, that the institution's this section with respect to any ele
practices in designated parts or promentary or secondary school or school
grams of the institution will in no way system shall be deemed to be satisfied
affect its practices in the program of if such school or school system (1) is
the institution for which Federal finansubject to a final order of a court of the
cial assistance is sought, or the beneUnited States for the desegregation of
ficiaries of or participants in, such prosuch school or school system, and pro
gram. If in any such case the assistvides an assurance that it will comply
ance sought is for the construction of a with such order, including any future
facility or part of a facility, the assurmodification of such order, or (2) sub
ance shall in any event extend to the mits a plan for the desegregation of
entire facility and to facilities opersuch school or school system which the
ated in connection therewith. responsible official of the Department of Health, Education, and Welfare de
81110.5 Ilustrative applications. termines is adequate to accomplish the purposes of the Act and this part with
The following examples will illusin the earliest practicable time and trate the application of the foregoing provides reasonable assurance that it
provisions to some of the activities for will carry out such plan. In any case of
which Federal financial assistance is continuing Federal financial assist- provided by the Endowments. (In all ance, the responsible official of the De
cases the discrimination prohibited is partment of Health, Education, and discrimination on the ground of race, Welfare may reserve the right to rede- color, or national origin prohibited by termine, after such period as may be title VI of the Act and this part, as a specified by him, the adequacy of the condition of the receipt of Federal fiplan to accomplish the purposes of the nancial assistance.) Act and this part. In any case in which (a) In a research, training, or other a final order of a court of the United grant to a university for activities to States for the desegregation of such be conducted in a graduate school, disschool or school system is entered after crimination in the admission and submission of such a plan, such plan treatment of students in the graduate shall be revised to conform to such school is prohibited, and the prohibifinal order, including any future modi- tion extends to the entire university, fication of such order.
unless it satisfies the responsible En(d) Assurances from institutions. (1) In dowment official that practices with the case of any application for Federal respect to other parts or programs of financial assistance to an institution of the university will not interfere, dihigher education (including assistance rectly or indirectly, with fulfillment of
the assurance required with respect to mation as to the availability of the the graduate school.
program or activity, and the rights of (b) In cases of Federal financial as beneficiaries under this regulation, sistance to elementary or secondary have failed to overcome these conschools, discrimination by the recipi sequences, it will become necessary for ent school district in any of its elemen such applicant or recipient to take adtary or secondary schools, or by the re ditional steps to make the benefits cipient private institution, in the ad fully available to racial and nationalmission of students, or in the treat- ity groups previously subjected to disment of its students in any aspect of crimination. This action might take the educational process, is prohibited. the form, for example of special arIn this and the following illustration rangements for obtaining referrals or the prohibition of discrimination in the making selections which will insure treatment of students or other trainees that groups previously subjected to disincludes the prohibition of discrimina crimination are adequately served. tion among the students or trainees in (8) Even though an applicant or rethe availability or use of any aca cipient has never used discriminatory demic, dormitory, eating, recreational, policies, the services and benefits of or other facilities of the grantee or the program or activity it administers other recipient.
may not in fact be equally available to (c) In a training grant to a some racial or nationality groups. In nonacademic institution, discrimina- such circumstances an applicant or retion is prohibited in the selection of in cipient may properly give special condividuals to be trained and in their sideration to race, color, or national treatment by the grantee during their origin to make the benefits of its protraining. In a research or demonstra gram more widely available to such tion grant to such an institution, dis groups, not then being adequately crimination is prohibited with respect served. For example, where a univerto any educational activity, any provi- sity is not adequately serving members sion of medical or other services and of a particular racial or nationality any financial aid to individuals inci. group, it may establish special recruitdent to the program.
ment policies to make its program bet(d) Where Federal financial assist ter known and more readily available ance is provided to assist in the presen- to such group, and take other steps to tation of artistic and cultural produc- provide that group with more adequate tions to the public, assurances will be service. required that such productions will not be presented before any audience which
$1110.6 Compliance information. has been selected on a discriminatory (a) Cooperation and assistance. The rebasis.
sponsible Endowment official shall, to (e) A recipient may not take action the fullest extent practicable, seek the that is calculated to bring about indi- cooperation of recipients in obtaining rectly what this part forbids it to ac compliance with this part and shall complish directly. Thus, a State, in se provide assistance and guidance to relecting projects to be supported cipients to help them comply volunthrough a State agency, may not base tarily with this part. its selections on criteria which have (b) Compliance reports. Each recipient the effect of defeating or substantially shall keep such records and submit to impairing accomplishment of the ob- the responsible Endowment official jectives of the Federal financial assist timely, complete and accurate compliance as respects individuals of a par ance reports at such times, and in such ticular race, color, or national origin. form and containing such information,
(f) In some situations even though as the responsible Endowment official past discriminatory practices have may determine to be necessary to enbeen abandoned, the consequences of able him to ascertain whether the resuch practices continue to impede the cipient has complied or is complying full availability of a benefit. If the ef- with this part. In the case of any proforts required of the applicant or recip gram under which a primary recipient ient under $1110.6(d) to provide infor- extends Federal financial assistance to