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CHAPTER X-OFFICE OF COMMUNITY SERVICES, DEPARTMENT OF HEALTH AND

HUMAN SERVICES 1

Page

Part 1010

1050 1060 1061 1064

230 245 296 305

Civil rights program requirements of CSA grant

ees; civil rights regulations
Uniform Federal Standards........

......
General characteristics of CSA-funded programs...
Character and scope of specific programs .............
Limited purpose agencies; eligibility, organization

and functions
Funding of CSA grantees............
Grantee financial management
Grantee personnel management
Grantee public affairs
Economic Development Programs

1067 1068 1069 1070 1076

378 380 426 463 479 485

'Formerly Community Services Administration. For further information see 46 FR 49211, Oct. 6, 1981, and 47 FR 22533, May 25, 1982.

PART 1010-CIVIL RIGHTS PROGRAM

REQUIREMENTS OF CSA GRANTEES; CIVIL RIGHTS REGULATIONS

Subpart A-General

AUTHORITY: Secs. 602, 624, 603, 223 and 244 (8) of The Economic Opportunity Act, of 1964, as amended 78 Stat. 528, 42 U.S.C. 2942; 86 Stat. 696, 42 U.S.C. 2971C; 78 Stat. 530, 42 U.S.C. 2943; 81 Stat. 701, 42 U.S.C. 2837; secs. 602 and 603, Title VI, Civil Rights Act of 1964, 78 stat. 252, 42 U.S.C. 2000d-1; 78 Stat. 253, 42 U.S.C. 2000d-2; E.O. 11764, 28 CFR Parts 42 and 50.3.

SOURCE: 44 FR 70145, Dec. 6, 1979, unless otherwise noted.

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Subpart A-General

Subpart B-Discrimination Prohibited 1010.10-1 General. 1010.10-2 Discrimination prohibited-spe

cific discriminatory actions prohibited. 1010.10-3 Discrimination prohibited-em

ployment practices.

Subpart C— Responsibilities of Grantee 1010.20-1 Assurances. 1010.20-2 Required grantee civil rights pro

gram. 1010.20-3 Data and information require

ments.

Subpart D-Conduct of Investigations and

Reviews

1010.30-1 Pre-award compliance reviews. 1010.30-2 Post-award reviews. 1010.30-3 Complaint investigations. 1010.30-4 Back-pay award. 1010.30-5 Complaints filed with State and

local commissions or the U.S. Equal Em

ployment Opportunity Commission. 1010.30-6 Intimidation. 1010.30-7 Adjustment of time limits.

Subpart E–Procedure for Effecting Compliance 1010.40-1 General. 1010.40-2 Termination of or refusal to

grant or to continue financial assistance. 1010.40-3 Hearings. 1010.40-4 Decisions and Notices. 1010.40-5 Judicial review.

8 1010.1-1 Purpose.

The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. and Section 624 of the Economic Opportunity Act of 1964, as amended, 42 U.S.C. 2971c, to the end that:

(a) No person on the basis of race, color, or national origin, be excluded from participation in or be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance from the Community Services Administration (CSA).

(b) No person on the ground of sex be excluded from participation in, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under the Economic Opportunity Act of 1964, as amended.

(c) No person with responsibilities in the operation of a program receiving financial assistance under the Economic Opportunity Act of 1964, as amended will discriminate with respect to any such program because of race, creed, color, national origin, sex, political affiliation, or beliefs. § 1010.1-2 Applicability.

(a) This part applies to all grantees and their delegate agencies receiving financial assistance from CSA. 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 under any such program.

(b) This part also applies to any program which is funded and adminis

Subpart F-Miscellaneous 1010.50-1 Role of CSA officials. 1010.50-2 Continuing State programs. 1010.50-3 Effect on other regulations,

forms and instructions. 1010.50-4 Supervision and coordination. APPENDIX A-FEDERAL FINANCIAL ASSISTANCE

TO WHICH THIS PART APPLIES FUNDING
AUTHORITIES UNDER THE ECONOMIC OP-

PORTUNITY ACT OF 1964, AS AMENDED APPENDIX B-ACTIVITIES TO WHICH THIS

PART APPLIES WHEN A PRIMARY OBJEC-
TIVE OF THE FEDERAL FINANCIAL ASSIST-

ANCE IS TO PROVIDE EMPLOYMENT APPENDIX C-APPLICATION OF PART 1010 TO

FEDERAL FINANCIAL ASSISTANCE OF COM-
MUNITY SERVICES ADMINISTRATION

tered by CSA with funds transferred from another Federal agency to CSA.

$ 1010.1-3 Definitions. As used in this part

(a) "CSA” means the Community Services Administration, and includes all of its organizational units.

(b) "Director" means the Director of the Community Services Administration.

(c) “Associate Director for Human Rights” means the CSA official responsible for implementing and enforcing CSA's Civil Rights program.

(d) “Responsible CSA official” with respect to any program receiving Federal financial assistance means the Director or other official of CSA who by law or by delegation has the principal responsibility within CSA for the administration of the law extending such assistance.

(e) “Title VI” means Title VI of the Civil Rights Act of 1964, 42 U.S.C. 20000-2000d-4.

(f) “United States" means the states of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Cana Zone, and the Territories and possessions of the United States, and the term “State" means any one of the foregoing. (g) "Federal financial assistance" includes (1) grants, loans, or donation of Federal funds, (2) the grant or donation of Federal property and interest in property, (3) the detail of Federal personnel, (4) the sale or lease of, or the permission to use (on other than a casual transient basis), Federal property or any interest in such property without consideration, at a nominal consideration, or at a consideration which is reduced of the purpose of assisting the grantee, and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance.

(h) “Program" includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, health, welfare, rehabilitation, housing, or other services, whether provided through an employee of the grantee or provided by others through contracts or other ar

rangements with the grantee, and including work opportunities and cash or loan or other assistance to individuals), or for the provision of facilities for furnishing services, financial aid or other benefits to individuals. The services, financial aid, or other benefits provided under a program receiving Federal financial assistance shall be deemed to include any services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any nonFederal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions whch must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal resources or such non-Federal resources.

(i) “Facility” includes all or any portion of structures, equipment, or other real or personal property or interests therein. The provision of facilities includes the construction, expansion, renovation, remodeling, alteration or acquisition of facilities.

(j) “Grantee" means any state, political subdivision, instrumentality of any state or political subdivision, any public or private agency, institution, organization, or other entity, or any individual, in any state, to whom Federal financial assistance is extended directly or through another grantee. Such term does not include any ultimate beneficiary under a federally assisted program.

(k) “Grantee Board” means the entity responsible for the administration of funds received pursuant to the Economic Opportunity Act of 1964, as amended.

(1) “Applicant” means one who submits an application, request, or plan required to be approved by CSA or by a grantee as a condition of eligibility for Federal financial assistance. The term “application" means any such application, request or plan.

(m) In complying with the requirements of this part, it will be necessary to refer to persons by race, color or national origin. The following designa

or

231

nomic Opportunity Act of 1964, as amended, will discriminate with respect to any such program because of race, creed, color, national origin, sex, political affiliation or beliefs.

(d) An individual shall not be deemed subjected to discrimination by reason of his/her exclusion from the benefits of a program limited by Federal law to individuals of a particular race, color, sex or national origin different from his/hers, for example, programs funded exclusively to serve on-reservation Indians.

tions will be used by grantees in reporting participant characteristics:

(1) Black, not of Hispanic origin. A person having origins in any of the black racial groups of Africa;

(2) Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race;

(3) Asian or Pacific Islander. A person having origins in any of the original people of the Far East, Southeast Asia; the Indian Subcontinent, or the Pacific Islands. The area includes, for example, China, India, Japan, Korea, the Philipine Islands, and Samoa;

(4) American Indian or Alaskan Native. A person who has origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition;

(5) White, not of Hispanic origin. A person having origins in any of the original peoples of Europe, North Africa, or the Middle East;

(6) Additional subcategories based on national origin or primary language spoken may be used where appropriate on either a national or a regional basis; and

(7) Paragraphs (m) (1) through (7) of this section are in conformity with Directive #15 of the Office of Federal Statistical Policy and Standards which replaced OMB Directive A-46.

8 1010.10-2 Discrimination prohibited

Specific discriminatory actions prohib

ited. (a) A grantee under any program to which this subpart applies may not, directly or through contractual or other arrangements, on the ground of race, color, sex, or national origin:

(1) Deny an individual any service, financial aid, or other benefit provided under the program;

(2) Provide any service, financial aid, or other benefit to an individual which is different from that provided to others under the program;

(3) Subject an individual to segragation or separate treatment in any manner related to his/her receipt of any service, financial aid, or other benefit under the program;

(4) 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;

(5) Treat an individual differently from others in determining whether he/she 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;

(6) Deny an individual an opportunity to participate in the program through the provision of services, or otherwise afford him/her 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 em

Subpart B-Discrimination Prohibited

8 1010.10-1 General.

(a) No person in the United States shall on the ground of race, color, or national origin be excluded from participation in, be denied the benefit of or otherwise be subjected to discrimination under any program or activity receiving Federal financial assistance.

(b) No person in the United States shall on the ground of sex be excluded from participation in, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under the Economic Opportunity Act of 1964, as amended.

(c) No person with responsibilities in the operation of a program receiving financial assistance under the Eco

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