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22 CFR 141
TITLE 22--FOREIGN RELATIONS
CHAPTER I--DEPARTMENT OF STATE
PART 141--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS
OF THE DEPARTMENT OF STATE--EFFECTUATION OF TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
Sec.
141.1 Purpose.
141.2 Application of this part.
141.3 Discrimination prohibited.
141.4 Assurances required.
141.5 Compliance information.
141.6 Conduct of investigation.
141.7 Procedure for effecting compliance.
141.8 Hearings.
141.9 Decisions and notices.
141.10 Judicial review.
141.11 Effect on other regulations; forms and instructions.
141.12 Definitions.
Appendix A to Part 141--Grants and Activities to Which This Part Applies
Authority: Sec. 602, 78 Stat. 252, sec. 4, 63 Stat. 111, as amended;
42 U.S.C. 2000d-1, 22 U.S.C. 2658.
Source: 30 FR 314, Jan. 9, 1965, unless otherwise noted.
Sec. 141.1 Purpose.
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 Department of State.
Sec. 141.2 Application of this part.
This part applies to any program for which Federal financial
assistance, as defined in this part, is authorized under a law
administered by the Department including, but not limited to, the
federally-assisted programs and activities listed in appendix A of this
part. It applies to Federal financial assistance of any form, including
property which may be acquired as a result of and in connection with
such assistance, extended under any such program after the effective
date of this regulation, even if the application is approved prior to
such effective date. This part does not apply to (a) any Federal
financial assistance by way of insurance of guaranty contracts; (b)
money paid, property transferred, or other assistance extended under any
such program before the effective date of this regulation; (c) any
assistance to any individual who is the ultimate beneficiary under any
such program; or (d) any employment practice, under any such program, of
any employer, employment agency, or labor organization, except to the
extent described in Sec. 141.3 (d), or (e) any assistance to an activity
carried on outside the United States by a person, institution, or other
entity not located in the United States. The fact that a program or
activity is not listed in appendix A of this part shall not mean, if
title VI of the Act is otherwise applicable, that such program is not
covered. Transfers of surplus property in the United States are subject
to regulations issued by the Administrator of General Services (41 CFR
101-6.2).
[38 FR 17945, July 5, 1973]
Sec. 141.3 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 actions prohibited. (1) A recipient
under any program to which this part applies may not, directly or
through contractual or other arrangements on ground of race, color or
national origin:
(i) Deny an individual any service, financial aid, or other benefits
provided under the program;
(ii) Provide any service, financial aid, or other benefits to an
individual which is different, or is provided in a different manner,
from that provided to others under the program;
[[Page 485]]
(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 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 an employee
in accordance with paragraph (d) of this section.
(vii) Deny a person the opportunity to participate as a member of a
planning or advisory 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 location or site of any facilities, or services, or
the class of individuals 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 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 or select locations or sites for any facilities or
services, 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 respect individuals of a particular race,
color, or national origin.
(3) 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.
(4) 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.
(5)(i) In administering a program regarding which the recipient has
previously discriminated against persons on the ground of race, color,
or national origin, the recipient must take affirmative action to
overcome the effects of prior discrimination.
(ii) Even in the absence of such prior discrimination, a recipient
in administering a program may take affirmative action to overcome the
effects of conditions which resulted in limiting participation by
persons of a particular race, color, or national origin.
(c) Special programs. An individual shall not be deemed subjected to
discrimination by reason of his exclusion from the benefits of a program
limited by Federal law to individuals of a particular race, color, or
national origin different from his.
(d) 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: (i) To reduce the unemployment of such
individuals or to help them through employment to meet subsistence
needs; (ii) to assist such individuals through employment to meet
expenses incident to the commencement or continuation of their education
or training; (iii) to provide work experience which contributes to the
education or training of such individuals;
[[Page 486]]
or (iv) to provide remunerative activity to such individuals who because
of severe handicaps cannot be readily absorbed in the competitive labor
market.
(2) 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 paragraph (d)(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.
[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17946, July 5, 1973]
Sec. 141.4 Assurances required.
(a) General. (1) Every application for Federal financial assistance
to carry out a program to which this part applies, as a condition to its
approval and the extension of any Federal financial assistance pursuant
to the application, shall contain or be accompanied by an assurance that
the program will be conducted or the facility operated in compliance
with all requirements imposed by or pursuant to this part. The assurance
shall obligate the recipient for the period during which Federal
financial assistance is extended pursuant to the application.
(2) In any case where the Federal assistance is to provide, or is in
the form of personal property, or real property or structures or any
interest therein, or such property is acquired as a result of and in
connection with such assistance, the assurance shall obligate the
recipient, or, in case of subsequent transfers, the transferees, for the
period during which the property is used for a purpose for which the
Federal assistance was, or is extended, or for another purpose involving
the provision of similar services and benefits, or for as long as the
recipient retains ownership or possession of the property, whichever is
longer. Any assurance relating to property provided under or acquired as
a result of or in connection with such assistance shall as appropriate
require any instrument effecting or recording transfer, title or other
evidence of ownership or right to possession, to include a covenant or
condition assuring nondiscrimination for the period of obligation of the
recipient or any transferee, which may contain a right to be reserved to
the Department to revert title or right to possession. Where no transfer
of property is involved, but property is improved or any interest of the
recipient or transferee therein is increased as a result of a program of
Federal financial assistance, the recipient or transferee shall agree to
include such covenant or condition in any subsequent transfer of such
property. Failure to comply with any such conditions or requirements
contained in such assurances shall render the recipient and the
transferees, where appropriate, presumptively in noncompliance.
(3) The responsible Departmental official shall specify the form of
the foregoing assurances for each program, and the extent to which like
assurances will be required of subgrantees, contractors and
subcontractors, transferees, successors in interest, and other
participants in the program. Any such assurance shall include provisions
which give the United States a right to seek its judicial enforcement.
(b) Assurances 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 a special
training project, for a student loan program, 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, 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, or clients of the institution or to the
opportunity to participate in the provision of services or
[[Page 487]]
other benefits to such individuals, shall be applicable to the entire
institution unless the applicant establishes, to the satisfaction of the
responsible Department official, that the institution's practices in
designated parts or programs of the institution will in no way affect
its practices in the program of the institution for which Federal
financial assistance is sought, or the beneficiaries of or participants
in such program.
(c) Elementary and secondary schools. The requirements of paragraph
(a)(1) of this section, with respect to any elementary or secondary
school or school system shall be deemed to be satisfied if such school
or school system (1) is subject to a final order of a court of the
United States for the desegregation of such school or school system, and
provides an assurance that it will comply with such order, or (2)
submits a plan the desegregation of such school or school system which
the responsible official of the Department of Health, Education, and
Welfare determines is adequate to accomplish the purposes of the Act and
this part within the earliest practicable time, and provides reasonable
assurance that it will carry out such plan; in any case of continuing
Federal financial assistance the responsible official of the Department
of Health, Education and Welfare may reserve the right to redetermine,
after such period as may be specified by him the adequacy of the plan to
accomplish the purposes of the Act and this part. In any case in which a
final order of a court of the United States for the desegregation of
such school or school system is entered after submission of such a plan,
such plan shall be revised to conform to such final order, including any
future modification of such order.
[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17946, July 5, 1973]
Sec. 141.5 Compliance information.
(a) Cooperation and assistance. Each responsible Department official
shall to the fullest extent practicable seek the cooperation of
recipients in obtaining compliance with this regulation 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 responsible Departmental official or his designee timely,
complete and accurate compliance reports at such times, and in such form
and containing such information, as a responsible Departmental official
or his designee may determine to be necessary to enable him to ascertain
whether the recipient has complied or is complying with this part. In
general, recipients should have available for the Department racial and
ethnic data showing the extent to which members of minority groups are
beneficiaries of Federally assisted programs. In the case of any program
under 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 his obligations under this
part.
(c) Access to sources of information. Each recipient shall permit
access by the responsible Department official or his designee during
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 shall fail
or refuse 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 under which the recipient
receives Federal financial assistance, and make such information
available to them in such manner, as the responsible Department official
finds necessary to apprise such persons of the protections against
discrimination assured them by the Act and this part.
[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17947, July 5, 1973]
[[Page 488]]
Sec. 141.6 Conduct of investigation.
(a) Periodic compliance reviews. The responsible Department official
or his designee 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 himself or any specific
class of individual to be subjected to discrimination prohibited by this
part may by himself or by a representative file with the responsible
Departmental official a written complaint. A complaint must be filed not
later than 180 days from the date of the alleged discrimination, unless
the time for filing is extended by the responsible Departmental official
or his designee.
(c) Investigations. The responsible Department official or his
designee 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 should 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 responsible Department official or his designee 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. 141.7.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) of this section the responsible Department official or
his designee 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 the Act or this part, or because he
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.
[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17947, July 5, 1973]
Sec. 141.7 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 reference to 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 Act), or any assurance or other
contractual undertaking, and (2) any applicable proceeding under State
or local law.
(b) Noncompliance with Sec. 141.4. If an applicant fails or refused
to furnish an assurance required under Sec. 141.4 or otherwise fails or
refuses to comply with a requirement imposed by or pursuant to that
section Federal financial assistance may be refused in accordance with
the procedures of paragraph (c) of this section. The Department shall
not be required to provide assistance in such a case during the pendency
of the administrative proceedings under such paragraph except that the
Department shall continue assistance during the pendency of such
proceedings where such assistance is due and payable pursuant to an
application therefor approved prior to the effective date of this part.
(c) Termination of or refusal to grant or to continue Federal
financial assistance. No order suspending, terminating or refusing to
grant or continue Federal
[[Page 489]]
financial assistance shall become effective until (1) the responsible
Department official has advised the applicant or recipient of his
failure to comply and has determined that compliance cannot be secured
by voluntary means, (2) 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, (3) the action has been approved by the Secretary pursuant to
Sec. 141.9(e), and (4) the expiration of 30 days after the Secretary 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. 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 by
any other means authorized by law shall be taken until (1) the
responsible Department official has determined that compliance cannot be
secured by voluntary means, (2) the action has been approved by the
Deputy Under Secretary for Administration, (3) the recipient or other
person has been notified of its failure to comply and of the action to
be taken to effect compliance, and (4) 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 this part and
to take such corrective action as may be appropriate.
[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17947 July 5, 1973]
Sec. 141.8 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required by Sec. 141.7(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 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 or such notice
within which the applicant or recipient may request of the responsible
Department official that the matter be scheduled for hearing or (2)
advise the applicant or recipient that the matter in question has been
set down 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 the Act and
Sec. 141.7(c) of this part 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 normally be held at
the offices of the Department in Washington, DC, at a time fixed by the
responsible Department official. Hearings shall be held before an
official designated by the Secretary other than the responsible
Department official, in accordance with 5 U.S.C. 3105 and 3344 (formerly
Section 11 of the Administrative Procedure Act).
(c) Right to counsel. In all proceedings under this section, the
applicant or recipient and the Department 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 with as much
conformity as is practicable with 5 U.S.C. 554-557 (formerly sections 5-
8 of the Administrative Procedure Act) 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)
[[Page 490]]
of this section, taking of testimony, exhibits, arguments and briefs,
requests for findings, and other related matters. Both the Department
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 shall 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 reasonably
necessary by the officer conducting the hearing. The office presiding at
the hearing 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; hearings before other agencies.
In cases in which the same or related facts are asserted to constitute
noncompliance with this part with respect to two or more programs to
which this part applies, or noncompliance with this part and regulations
of one or more other Federal departments or agencies issued under title
VI of the Act, the Secretary 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 of procedures not inconsistent with this part, except that
procedural requirements of the hearing agency if other than this
Department may be adopted insofar as it is determined by the Secretary
that variations from the procedures described in this section or
elsewhere as may be required under this part do not impair the rights of
the parties. The Secretary may also transfer the hearing of any
complaint to any other department or agency, with the consent of that
Department or Agency (1) where Federal financial assistance to the
applicant or recipient of the other Department or Agency is
substantially greater than that of the Department of State, or (2) upon
determination by the Secretary that such transfer would be in the best
interests of the Government of effectuating this part. Final decisions
in all such cases, insofar as this part is concerned, shall be made in
accordance with Sec. 141.9.
[30 FR 314, Jan 9, 1965, as amended at 38 FR 17947, July 5, 1973]
Sec. 141.9 Decisions and notices.
(a) Decisions on record or review by the responsible Department
official. The applicant or recipient shall be given reasonable
opportunity to file with the officer presiding at the hearing briefs or
other written statements of its contentions, and a copy of the final
decision shall be given in writing to the applicant or recipient and to
the complainant, if any. The officer presiding at the hearing shall
render a decision on the matter.
(b) Decisions on record where a hearing is waived. Whenever a
hearing is waived pursuant to Sec. 141.8(a) a decision shall be made by
the responsible Departmental official on the record and a copy of such
decision shall be given in writing to the applicant or recipient, and to
the complainant, if any.
(c) Rulings required. Each decision of an officer presiding at the
hearing shall set forth his 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.
(d) Appeal. Either party may appeal from a decision of the officer
presiding at the hearing to the responsible Department official within
30 days of the mailing of the officer's decision. In the absence of such
an appeal the decision of the officer presiding at the hearings shall
constitute the final decision of the Department subject to paragraph (e)
of this section.
(e) Approval by Secretary. Any final decision by an officer (other
than the
[[Page 491]]
Secretary) 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 the Act,
shall promptly be transmitted to the Secretary 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, under the program involved, and may
contain such terms, conditions, and other provisions as are consistent
with and will effectuate the purposes of the Act and this part,
including provisions designed to assure that no Federal financial
assistance will thereafter be extended under such program 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 responsible Department
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 regulation and provides reasonable assurance that it will fully
comply with this regulation.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (f) of this section may at any time
request the responsible Departmental official to restore fully its
eligibility to receive Federal financial assistance. Any such request
shall be supported by information establishing that the applicant or
recipient has met the requirements of paragraph (g)(1) of this section.
If the responsible Departmental official determines that those
requirements have been satisfied, he shall restore such eligibility, but
such determination shall be in writing and shall be supported by
evidence and findings of fact which shall be retained by the Department.
(3) If the responsible Departmental 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 of procedure issued by
the responsible Departmental official. The burden of substantiating
compliance with the requirements of paragraph (g)(1) of this section
shall be on the applicant or recipient. While proceedings under this
paragraph are pending, the sanctions imposed by the order issued under
paragraph (f) of this section shall remain in effect.
[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17947, July 5, 1973]
Sec. 141.10 Judicial review.
Action taken pursuant to section 602 of the Act is subject to
judicial review as provided in section 603 of the Act.
Sec. 141.11 Effect on other regulations; forms and instructions.
Nothing in this part shall be deemed to supersede: Executive Orders
10925 and 11114 and regulations issued thereunder, or any other
regulations or instructions, insofar as such regulations, or
instructions prohibit discrimination on the ground of race, color, or
national origin in any program or situation to which this regulation is
inapplicable, or prohibit discrimination on any other ground.
(a) Forms and instructions. Each responsible Department official
shall issue, and promptly make available to interested persons, forms
and detailed instructions and procedures for effectuating this part as
applied to programs to which this part applies and for which he is
responsible.
(b) Supervision and coordination. The Secretary may, from time to
time, assign to officials of the Department, or to officials of other
departments or agencies of the Government with the consent of such
department or agencies, responsibilities in connection with the
effectuation of the purposes of title VI of the Act and this part
including the achievement of effectiveness
[[Page 492]]
coordination and maximum uniformity within the Department 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 subsection shall have the same effect as
though such action had been taken by the responsible official of this
Department.
[22 FR 10882, Dec. 27, 1957, as amended at 38 FR 19748, July 5, 1973]
Sec. 141.12 Definitions.
As used in this part--
(a) The term Department means the Department of State and includes
each of its operating agencies and other organizational units except the
Agency for International Development.
(b) The term Secretary means the Secretary of State.
(c) The term responsible Department official with respect to any
program receiving Federal financial assistance means the official of the
Department having responsibility within the Department for the program
extending such assistance or such official of the Department as the
Secretary designates.
(d) The term 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.
(e) The term 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, and (4)
any Federal agreement, arrangement, or other contract which has as one
of its purposes the provision of assistance or other benefits to
individuals whether provided through employees of the recipient of
Federal financial assistance or provided by others through contracts or
other arrangements with the recipient.
(f) The term program includes any program, project, or activity for
the provision of services, financial aid, or other benefits to
individuals whether provided through employees of the recipient of
Federal financial assistance or provided by others through contracts or
other arrangements with the recipient. Services, financial aid, or other
benefits shall include those provided with the aid of or through any
facility provided for by the aid of any non-Federal funds, property, or
other resources required to be expended or made available for the
program to meet matching requirements or other conditions in order to
receive Federal assistance.
(g) The term recipient means any State, political subdivision of any
State, or instrumentality of any State or political subdivision, any
public or private agency, institution, or organization, or other entity,
or any individual, in any State to whom Federal financial assistance is
extended directly or through another recipient, for any program,
including any successor, assign, or transferee thereof, but such term
does not include any ultimate beneficiary under any such program.
(h) The term primary recipient means any recipient which is
authorized or required to extend Federal financial assistance to another
recipient for the purpose of carrying out a program.
(i) The term 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 the term application means such an
application, request, or plan.
(j) The term facility includes all or any portion 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.
[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17948, July 5, 1973]
Appendix A to Part 141--Grants and Activities to Which This Part Applies
1. Mutual understanding between people of the United States and the
people of other countries by educational and cultural exchange--studies,
research, instruction and
[[Page 493]]
other educational activities--cultural exchanges (Mutual Educational and
Cultural Exchange Act of 1961--75 Stat. 527-538).
2. Center for Cultural and Technical Interchange Between East and
West--grant to State of Hawaii (Pub. L. 86-472, 74 Stat. 141).
3. Assistance to or in behalf of refugees designated by the
President (Migration and Refugee Assistance Act of 1962--76 Stat. 121-
124).
4. Donations of certain foreign language tapes and other training
material to public and private institutions (Regulations of
Administrator of General Services relating to surplus property--41 CFR
101-6.2).
[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17948, July 5, 1973]
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