of compliance with § 80.3 shall be restored to full eligibility to receive Federal financial assistance, if it files a court order or a plan for desegregation which meets the requirements of § 80.4 (c), and provides reasonable assurance that it will comply with the court order or plan. (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 Department official to restore fully its eligibility to receive Federal financial assistance. Any such request shall be supported by information showing that the applicant or recipient has met the requirements of subparagraph (1) of this paragraph. If the responsible Department official determines that those requirements have been satisfied, he shall restore such eligibility. (3) If the responsible Department 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 Department official. The applicant or recipient will be restored to such eligibility if it proves at such hearing that it satisfied the requirements of subparagraph (1) of this paragraph. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect. (4) The pendency of any proceeding under this paragraph shall not lift or stay the sanctions imposed by the order issued under paragraph (f) of this section. [29 F.R. 16298, Dec. 4, 1964, as amended at 32 F.R. 14555, Oct. 19, 1967] § 80.11 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. 603, 78 Stat. 253; 42 U.S.C. 2000d-2) [29 F.R. 16298, Dec. 4, 1964, as amended at 32 F.R. 14555, Oct. 19, 1967] § 80.12 Effect on other regulations; forms and instructions. (a) Effect on other regulations. All regulations, orders, or like directions heretofore issued by any officer of the 36-099-70-9 Department which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this part applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this part, except that nothing in this part shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded regulation, order, instruction, or like direction prior to the effective date of this part. Nothing in this part, however, shall be deemed to supersede any of the following (including future amendments thereof): (1) the "Standards for a Merit System of Personnel Administration," issued jointly by the Secretaries of Defense, of Health, Education, and Welfare, and of Labor, 28 F.R. 734, or (2) Executive Order 11063 and regulations issued thereunder, or any other regulations or instructions, insofar as such Order, regulations, or instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground. (b) Forms and instructions. The responsible Department official shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this part. (c) 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 departments or agencies, responsibilities in connection with the effectuation of the purposes of title VI of the Act and this part (other than responsibility for review as provided in § 80.10(e), including the achievement of effective 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. [29 F.R. 16298, Dec. 4, 1964, as amended at 32 F.R. 14555, Oct. 19, 1967] § 80.13 Definitions. As used in this part (a) The term "Department” means the Department of Health, Education, and Welfare, and includes each of its operating agencies and other organizational units. (b) The term "Secretary" means the Secretary of Health, Education, and Welfare. (c) The term "responsible Department official" means the Secretary or, to the extent of any delegation by the Secretary of authority to act in his stead under any one or more provisions of this part, any person or persons to whom the Secretary has heretofore delegated, or to whom the Secretary may hereafter delegate such authority. (d) The term "reviewing authority" means the Secretary, or any person or persons (including a board or other body specially created for that purpose and also including the responsible Department official) acting pursuant to authority delegated by the Secretary to carry out responsibilities under § 80.10 (a)–(d). (e) 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. (f) 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, (4) the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance. (g) The term "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 employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, 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 non-Federal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which 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 financial assistance or such non-Federal resources. (h) 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. (1) 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. (3) 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. (k) The term “applicant” means one who submits an application, request, or plan required to be approved by a 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. [29 F.R. 16298, Dec. 4, 1964, as amended at 32 F.R. 14555, Oct. 19, 1967] APPENDIX A Appendix A PROGRAMS TO WHICH THIS PART APPLIES Part 1. Programs other than State-administered continuing programs. 1. Experimental hospital facilities (sec. 624, Public Health Service Act, 42 U.S.C. 291n). 2. Health research facilities (title VII, part A, Public Health Service Act, 42 U.S.C. 292-2921). 3. Teaching facilities for medical, dental, and other health personnel (title VII, part B, Public Health Service Act, 42 U.S.C. 298293h; secs. 801-804, Public Health Service Act, 42 U.S.C. 296, 296a-c). 4. Mental retardation research facilities (title VII, part D, Public Health Service Act, 42 U.S.C. 295-295e). 5. University affiliated mental retardation facilities (part B, Mental Retardation Facilities Construction Act, 42 U.S.C. 2661-2665). 6. Heart disease laboratories and related facilities for patient care (sec. 412(d), Public Health Service Act, 42 U.S.C. 287a (d)). 7. Municipal sewage treatment works (sec. 6, Federal Water Pollution Control Act, 33 U.S.C. 466e). 8. Loans for acquisition of science, mathematics, and foreign language equipment (title III, National Defense Education Act, 20 U.S.C. 445). 9. Construction of facilities for institutions of higher education (Higher Education Facilities Act, 20 U.S.C. 701-757). 10. School construction in Federallyaffected areas (20 U.S.C. 631-645). 11. Educational television broadcasting facilities (47 U.S.C. 390-397). 12. Surplus real and related personal property disposal (40 U.S.C. 484(k)). 13. George Washington University Hospital construction (76 Stat. 83, P.L. 87-460, May 31, 1962). 14. Loan service of captioned films for the deaf (42 U.S.C. 2491-2494). 15. Residential vocational education schools (20 U.S.C. 351). 16. Department projects under the Public Works Acceleration Act (42 U.S.C. 2642). 17. Research projects, including conferences, communication activities and primate or other center grants (secs. 301, 303, 308, 624, Public Health Service Act, 42 U.S.C. 241, 242a, 242f, 291n; sec. 4, Federal Water Pollution Control Act, 33 U.S.C. 466c; sec. 3, Clean Air Act, 42 U.S.C. 1857b). 18. General research support (sec. 301(d), Public Health Service Act, 42 U.S.C. 241). 19. Community health studies and demonstrations (sec. 316, Public Health Service Act, 42 U.S.C. 247a). 20. Mental health demonstrations and administrative studies (sec. 303(a)(2), Public Health Service Act, 42 U.S.C. 242a). 21. Migratory workers health services (sec. 310, 76 Stat. 592, 42 U.S.C. 242h). APPENDIX A-Continued PROGRAMS TO WHICH THIS PART APPLIES-Con. Part 1. Programs other than State-administered continuing programs-Continued 22. Intensive vaccination projects (sec. 317, Public Health Service Act, 42 U.S.C. 247b). 23. Tuberculosis and venereal disease control projects (current appropriation Act, P.L. 88-605). 24. Air pollution demonstration and survey projects and control programs (secs. 3 and 4, Clean Air Act, 42 U.S.C. 1857b, 1857c). 25. Water pollution demonstration grants (sec. 4(a) (2), Federal Water Pollution Control Act, 33 U.S.C. 466c). 26. Health research training projects and fellowship grants (secs. 301, 433, Public Health Service Act, 42 U.S.C. 241, 289c). 27. Categorical (heart, cancer, air pollution, etc.) grants for training, traineeships or fellowships (secs. 303, 433, etc., Public Health Service Act, 42 U.S.C. 242a, 289c, etc.; sec. 3, Clean Air Act, 42 U.S.C. 1857b; sec. 4, Federal Water Pollution Control Act, 33 U.S.C. 466c). 28. Advanced professional nurse traineeships, improvement in nurse training and partial reimbursement to diploma schools of nursing (secs. 805, 806, 821, Public Health Service Act, 42 U.S.C. 296d, 296e, 297). 29. Grants to institutions for traineeships for professional public health personnel (sec. 306, Public Health Service Act, 42 U.S.C. 242d). 30. Grants to schools for specialized training in public health (sec. 309, 42 U.S.C. 242g). 31. Grants for special vocational rehabilitation projects (sec. 4, Vocational Rehabilitation Act, 29 U.S.C. 34). 32. Experimental, pilot or demonstration projects to promote the objectives of title I, IV, X, XIV, or XVI of the Social Security Act (sec. 1115, Social Security Act, 42 U.S.C. 1315). 33. Social security and welfare cooperative research or demonstration projects (sec. 1110, Social Security Act, 42 U.S.C. 1310). 34. Child welfare research, training or demonstration projects (sec. 526, Social Security Act, 42 U.S.C. 726). 35. Research projects relating to maternal and child health services and crippled children's services (sec. 532, Social Security Act, 42 U.S.C. 729a). 36. Maternal and child health special project grants to institutions of higher learning (sec. 502(b), Social Security Act, 42 U.S.C. 702(b)). 37. Maternity and infant care special project grants to local health agencies (sec. 531, Social Security Act, 42 U.S.C. 726). 38. Special project grants to institutions of higher learning for crippled children's services (sec. 512(b), Social Security Act, 42 U.S.C. 712(b)). Part 1. Programs other than State-administered continuing programs-Continued 39. Demonstration and evaluation projects and training of personnel in the field of juvenile delinquency (Juvenile Delinquency and Youth Offenses Control Act of 1961 (42 U.S.C. 2541, et seq.)). 40. Cooperative educational research (20 U.S.C. 331-332). 41. Language research (title VI, National Defense Education Act, 20 U.S.C. 512). 42. Research in new educational media (title VII, National Defense Education Act, 20 U.S.C. 541-542). 43. Research, training, and demonstration projects under Vocational Education Act of 1963 (sec. 4(c), 20 U.S.C. 35c (c)). 44. Grants for research and demonstration projects in education of handicapped children (20 U.S.C. 618). 45. Training grants for welfare personnel (sec. 705, Social Security Act, 42 U.S.C. 906). to institutions training 46. Allowances graduate fellows or other trainees (title IV, National Defense Education Act, 20 U.S.C. 461-465; sec. 4, Vocational Rehabilitation Act, 29 U.S.C. 34; secs. 301, 433, etc., Public Health Service Act, 42 U.S.C. 241, 289 (c), etc.; sec. 3, Clean Air Act, 42 U.S.C. 1857b; sec. 4, Federal Water Pollution Control Act, 33 U.S.C. 466c). 47. Grants for teaching and the training of teachers for the education of handicapped children (20 U.S.C. 611-617). 48. Training persons in the use of films for the deaf (42 U.S.C. 2493(b)(4)). 49. Training for teachers of the deaf (20 U.S.C. 671-676). 50. Research in the use of educational and training films for the deaf (42 U.S.C. 2493 (a)). 51. Operation and maintenance of schools in Federally-affected areas (20 U.S.C. 236244). 52. Grants for teacher training and employment of specialists in desegregation problems (sec. 405, 42 U.S.C. 2000c-4). 53. Issuance to agencies or organizations of rent-free permits for operation, on Federal property in the custody of the Department. of vending stands for the blind, credit unions, Federal employee associations, etc. (Randolph-Sheppard Vending Stand Act, 20 U.S.C. 107-107f; 45 CFR Part 20; sec. 25, Federal Credit Union Act, 12 U.S.C. 1770; etc.) 54. Higher education student loan program (title II, National Defense Education Act, 20 U.S.C. 421-429). 55. Health professions school student loan program (title VII, Part C, Public Health Service Act, 42 U.S.C. 294; secs. 822-828, Public Health Service Act, 42 U.S.C. 297 a-g). 56. Land-grant college aid (7 U.S.C. 301329). 57. Language and area centers (title VI, National Defense Education Act, 20 U.S.C. 511-513). APPENDIX A-Continued 58. American Printing House for the Blind (20 U.S.C. 101-105). 59. Future Farmers of America (36 U.S.C. 271-291) and similar programs. 60. Science Clubs (20 U.S.C. 2 (note)). 61. Howard University (20 U.S.C. 121–131). 62. Gallaudet College (31 D.C. Code, Ch. 10). 63. Hawaii leprosy payments (sec. 331, Public Health Service Act, 42 U.S.C. 255). 64. Grants to schools of public health for provision of comprehensive training and services specialized and assistance (sec. 314(c), Public Health Service Act, 42 U.S.C. 246 (c)). 65. Grants to agencies and organizations under Cuban Refugee program (22 U.S.C. 2601(b) (4)). 66. Grants for construction of hospitals serving Indians (P.L. 85-151, 42 U.S.C. 2005). Sanitation 67. Indian Facilities (P.L. 86-121, 42 U.S.C. 2004a). 68. Areawide planning of health facilities (sec. 318, Public Health Service Act, 42 U.S.C. 247c). 69. Training institutes under sec. 511 of the National Defense Education Act of 1958, as amended (20 U.S.C. 491) and under title XI of such Act as added by P.L. 88-665 (20 U.S.C. 591-592). Part 2. State-administered continuing programs. 1. Grants to States for control of venereal disease, tuberculosis, and for public health services (heart, cancer, mental health, radiological health etc.) (sec. 314 Public Health Service Act (42 U.S.C. 246), and current appropriation act). 2. Grants to States for water pollution control (sec. 5, Federal Water Pollution Control Act, 33 U.S.C. 466d). 3. Grants to States for vocational rehabilitation services (sec. 2, Vocational Rehabilitation Act, 29 U.S.C. 32). 4. Grants to States for projects to extend and improve vocational rehabilitation services (sec. 3, Vocational Rehabilitation Act, 29 U.S.C. 33). 5. Designation of State licensing agency for blind operators of vending stands (Randolph-Sheppard Vending Stand Act, 20 U.S.C. 107-107f). 6. Grants to States for old-age assistance and medical assistance for the aged (title I, Social Security Act, 42 U.S.C. 301-306). 7. Grants to States for aid and services to needy families with children (title IV, Social Security Act, 42 U.S.C. 601-609). 8. Grants to States for aid to the blind (title X, Social Security Act, 42 U.S.C. 12011206). APPENDIX A-Continued PROGRAMS TO WHICH THIS PART APPLIES-Con. Part 2. State-administered continuing programs Continued 9. Grants to States for aid to the permanently and totally disabled (title XIV, Social Security Act, 42 U.S.C. 1351-1355). 10. Grants to States for aid to the aged, blind or disabled or for such aid and medical assistance for the aged (title XVI, Social Security Act, 42 U.S.C. 1381–1385). 11. Grants to States for maternal and child health services (title V, part 1, Social Security Act, 42 U.S.C. 701-705). 12. Grants to States for services for crippled children (title V, part 2, Social Security Act, 42 U.S.C. 711-715). 13. Grants to States for special projects for maternity and infant care (sec. 531, Social Security Act, 42 U.S.C. 729). 14. Grants to States for child welfare services (title V, part 3, Social Security Act, 42 U.S.C. 721–725, 727, 728). 15. Grants to States for public library services and construction (20 U.S.C. sec. 351-358; P.L. 88-269). 16. Grants to States for strengthening science, mathematics, and modern foreign language instruction (title III, National Defense Education Act, 20 U.S.C. 441-444). 17. Grants to States for guidance, counseling and testing of students (title V-A, National Defense Education Act, 20 U.S.C. 481-484). 18. Grants to States for educational statistics services (sec. 1009, National Defense Education Act, 20 U.S.C. 589). 19. Surplus personal property disposal donations for health and educational purposes through State agencies (40 U.S.C. 484(1)). 20. Grants to States for hospital and medical facilities (title VI, Public Health Service Act, 42 U.S.C. 291-291z). 21. Grants to States for community memtal health centers construction (Community Mental Health Centers Act, 42 U.S.C. 26812688). 22. Grants to States for vocational education (Smith-Hughes Act, 20 U.S.C. 11-15, 16-28; George-Barden Act, 20 U.S.C. 151-15q, 15aa-15jj, 15aaa-15ggg; Supplementary Acts, 20 U.S.C. 30-34; Vocational Education Act of 1963, 20 U.S.C. 35-35n). 23. Grants to States for mental retardation facilities (Part C, Mental Retardation Facilities Construction Act, 42 U.S.C. 26712677). 24. Arrangements with State vocational education agencies for training under the Area Redevelopment Act and the Manpower Development and Training Act of 1962 (42 U.S.C. 2513(c), 2601, 2602). 25. Grants to States for comprehensive planning for mental retardation (title XVII, Social Security Act, 42 U.S.C. 1391–1394). Consolidation. Motions. Responses to motions and petitions. Subpart G-Responsibilities and Duties of |