[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR317.1]

[Page 591-593]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
CHAPTER III--ECONOMIC DEVELOPMENT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 317--CIVIL RIGHTS--Table of Contents
 
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

[[Page 592]]

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) 42 U.S.C. 6709 (proscribing discrimination on the basis of sex 
under the Local Public Works Program; and
    (6) Other Federal statutes, regulations and Executive Orders as 
applicable.
    (b) No recipient or other party shall intimidate, threaten, coerce, 
or discriminate against, any person for the purpose of interfering with 
any right or privilege secured by section 601 of the Civil Rights Act of 
1964, section 504 of the Rehabilitation Act of 1973, Title IX of the 
Education Amendments of 1972, 42 U.S.C. 3123, 42 U.S.C. 6709, and the 
Age Discrimination Act of 1975, or because the person has made a 
complaint, testified, assisted, or participated in any manner in an 
investigation, proceeding, or hearing under this part.
    (c) 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) Additional definitions are provided in EDA's Civil Rights 
Guidelines and 15 CFR part 8.
    (d) 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 EDA regulations 
and other Department of Commerce 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 and made accessible 
to the responsible Department official.
    (e) To enable EDA to determine that there is no discrimination in 
the distribution of benefits in projects which provide service benefits, 
EDA may require that applicants submit a project service map and 
information on which to determine that services are provided to all 
segments of the area being assisted. Applicants may be required to 
submit any other information EDA may deem necessary for such 
determination.
    (f) EDA assisted planning organizations must meet the following 
requirements:
    (1) For the selection of representatives, EDA expects planning 
organizations and CEDS committees to take appropriate steps to ensure, 
where appropriate to the area, 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 CEDS 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.

[[Page 593]]

    (3) Prior to approval of EDA initial funding, and for district 
designations, each district and other planning organizations so 
supported by EDA is required to report to EDA the membership of its 
governing bodies, executive committees, and staff. This report shall 
include the following items:
    (i) The total population and minority population of the area served 
by the organization;
    (ii) A list of organizations in the area representing the interests 
of minorities, women, and people with disabilities;
    (iii) A list of the membership of the governing board, executive 
committee indicating race, sex, national origin, age, and those who 
self-identify, as having disabilities;
    (iv) A description of actions taken and methods used in its 
diversity efforts to promote, as much as possible, the participation of 
all segments of the areas served;
    (v) Information regarding how they notified and provided 
organizations, including neighborhood associations representing the 
interests of minorities, women, and people with disabilities, the 
opportunity to select members and their own representatives;
    (vi) A list of employees on the staff of the organization by name, 
position title, salary, funding source, and hiring date, indicating 
race, sex, national origin, and age; and
    (vii) A brief summary of any economic development activities 
undertaken during the previous 12 months that may have impacted the 
covered persons in the area. This information is required with the 
initial application and annually thereafter for continuation planning 
funding.
    (4) Prior to approval of continuation funding for a planning grant 
each district and other planning organization so supported by EDA is 
required to submit a report which includes the items outlined in 
paragraph (f)(3) of this section except items in paragraphs (f)(3)(ii) 
and (v), (although paragraph (f)(3)(v) may be required when changes to 
the boards and committees affecting minorities, women, people with 
disabilities have occurred), and a summary indicating the annual 
progress made in the diversity efforts including a list by name, race, 
national origin, sex, and age of all hires, promotions, terminations, 
and composition of applicant pools since the last reporting period and 
steps taken to ensure nondiscrimination and to provide equal employment 
opportunity.
    (5) In order to determine whether districts and other planning 
organizations supported by EDA are complying with the requirements in 
paragraph (f)(4) of this section, EDA shall conduct annual compliance 
reviews of these organizations through either an in-depth desk audit or 
onsite review.
    (g) Applicants for Revolving Loan Funds will provide information 
describing the make-up of the existing or proposed RLF Loan Board 
members by race, national origin, gender, age, and those who voluntarily 
self-identify as having disabilities. The reports submitted to EDA by 
RLF grantees will be used to monitor civil rights compliance. Additional 
information may be requested as needed to determine compliance. 
Compliance issues which will be reviewed and monitored include, but are 
not limited to, the following:
    (1) The representation of minorities, women, and those who 
voluntarily self-identify as having disabilities, as well as the age of 
members on the RLF Loan Board;
    (2) Recipient's plans to openly market the RLF to prospective 
minority, disabled, and women business borrowers; and
    (3) Recipient's monitoring plans for borrowers' compliance with 
civil rights requirements concerning employees or applicants for 
employment, and/or providers of goods and services.
    (h) Reporting and other procedural matters are set forth in 15 CFR 
parts 8, 8b, 8c, and 20 and the Civil Rights Guidelines which are 
available from EDA's Regional Offices. See part 300 of this chapter.

[64 FR 5485, Feb. 3, 1999, as amended at 64 FR 69880, Dec. 14, 1999; 65 
FR 71026, Nov. 28, 2000]