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13 C.F.R. ยง 317.1
TITLE 13--BUSINESS CREDIT AND
ASSISTANCE
CHAPTER III--ECONOMIC DEVELOPMENT
ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 317--CIVIL RIGHTS
Authority: Sec. 701, Pub. L. 89-136; 79 Stat. 570 (42 U.S.C. 3211);
Department of Commerce Organization Order 10-4, as amended (40 FR 56702,
as amended).
Source: 60 FR 49702, Sept. 26, 1995, unless otherwise noted.
Sec. 317.1 Civil rights.
(a) Discrimination is prohibited in programs receiving federal
financial assistance from EDA in accordance with the following
authorities:
(1) Section 601 of Title VI of the Civil Rights Act of 1964,
codified at 42 U.S.C. 2000d et seq. (proscribing discrimination on the
basis of race, color, or national origin), and the Department of
Commerce's implementing regulations found at 15 CFR part 8;
(2) 42 U.S.C. 3123 (proscribing discrimination on the basis of sex);
(3) 29 U.S.C. 794, as amended, and the Department of Commerce's
implementing regulations found at 15 CFR part 8b (proscribing
discrimination on the basis of disabilities);
(4) 42 U.S.C. 6101, as amended, and the Department of Commerce's
implementing regulations found at 15 CFR part 20; and
(5) Other Federal statutes, regulations and Executive Orders as
applicable.
(b)(1) Definitions:
(1) Other Parties means, as an elaboration of the definition in 15
CFR part 8, entities which, or which are intended to create and/or save
15 or more permanent jobs as a result of EDA assistance provided that
they are also either specifically named in the application as
benefitting from the project, or are or will be located in an EDA
building, port, facility, or industrial, commercial or business park
prior to EDA's final disbursement of funds awarded for the project.
(2) [Reserved]
(2) Additional definitions are provided in EDA's Civil Rights
Guidelines and 15 CFR part 8.
(c) All recipients of EDA financial assistance under PWEDA and the
Trade Act, and Other Parties are required to submit the following to
EDA:
(1) Written assurances that they will comply with Department of
Commerce and EDA regulations, and such other requirements as may be
applicable, prohibiting discrimination;
(2) Employment data in such form and manner as determined by EDA;
(3) Information on civil rights status and involvement in charges of
discrimination in employment or the provision of services during the 2
years previous to the date of submission of such data as follows:
(i) Description of the status of any lawsuits, complaints or the
results of compliance reviews; and
(ii) Statement indicating any administrative findings by a Federal
or State agency.
(4) Whenever deemed necessary by EDA to determine that applicants
and other parties are in compliance with civil rights regulations, such
applicants and other parties shall submit additional information in the
form and manner requested by EDA; and
(5) In addition to employment record requirements found in 15 CFR
8.7, complete records on all employees and applicants for employment,
including information on race, sex, national origin, age, education and
job-related criteria must be retained by employers.
(d) To enable EDA to determine that there is no discrimination in
the distribution of benefits in projects which provide service benefits,
in addition to requirements listed in paragraph (c) of this section,
applicants are required to submit any other information EDA may deem
necessary for such determination.
(e) EDA assisted planning organizations must meet the following
requirements:
(1) For the selection of representatives, EDA expects planning
organizations and OEDP Committees to take appropriate steps to ensure
that there is adequate representation of minority and low-income
populations, women, people with disabilities and Federal and State
recognized American Indian tribes and that such representation is
accomplished in a nondiscriminatory manner; and
(2) EDA assisted planning organizations and OEDP Committees shall
take appropriate steps to ensure that no individual will be subject to
discrimination in employment because of their race, color, national
origin, sex, age or disability.
(f) Reporting and other procedural matters are set forth in 15 CFR
parts 8, 8(b), 8(c), and 20 and the Civil Rights Guidelines which are
available from EDA's Regional Offices. See part 300 of this chapter.
[60 FR 49678, Sept. 26, 1995, as amended at 61 FR 7985, Mar. 1, 1996]
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