PART 22—NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF THE TREASURY Source: 81 FR 89855, Dec. 13, 2016, unless otherwise noted. § 22.1 Purpose. The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (Title VI) to the end that no person in the United States shall, on the grounds 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 the Treasury. § 22.2 Application. (a) This part applies to any program for which federal financial assistance is authorized under a law administered by the Department, including the types of federal financial assistance listed in appendix A to this part. It also applies to money paid, property transferred, or other federal financial assistance extended after the effective date of this part pursuant to an application approved before that effective date. 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; or (3) Any employment practice, under any such program, of any employer, employment agency, or labor organization, except to the extent described in § 22.4(c). The fact that a type of federal financial assistance is not listed in appendix A to this part shall not mean, if Title VI is otherwise applicable, that a program is not covered. Other types of federal financial assistance under statutes now in force or hereinafter enacted may be added to appendix A to this part. (b) In any program receiving federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, to the extent that rights to space on, over, or under any such property are included as part of the program receiving that assistance, the nondiscrimination requirement of this part shall extend to any facility located wholly or in part in that space. § 22.3 Definitions. As used in this part: Applicant application Designated agency official Facility Federal financial assistance (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. Primary recipient Program or activity program (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (ii) The entity of such state or local government that distributes such assistance and each such department or agency to which the assistance is extended, in the case of assistance to a State or local government; (2)(i) A college, university, or other postsecondary institution, or a public system of higher education; or (ii) A local educational agency (as defined in 20 U.S.C. 7801), system of vocational education, or other school system; (3)(i) An entire corporation, partnership, or other private organization, or an entire sole proprietorship— (A) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (B) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (ii) The entire plant or other comparable, geographically separate facility to which federal financial assistance is extended, in the case of any other corporation, partnership, private organization or sole proprietorship; or (4) Any other entity which is established by two or more of the entities described in the preceding paragraph (1), (2), or (3) of this definition. Recipient § 22.4 Discrimination prohibited. (a) General. (b) Specific discriminatory actions prohibited. (i) Deny a person any service, financial aid, or other benefit provided under the program; (ii) Provide any service, financial aid, or other benefit to a person which is different, or is provided in a different manner, from that provided to others under the program; (iii) Subject a person 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 a person 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 a person differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership, or other requirement or condition which persons must meet in order to be provided any service, financial aid, or other benefit provided under the program; (vi) Deny a person an opportunity to participate in the program through the provision of services or otherwise to 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 a volunteer or as an employee, but only to the extent set forth in paragraph (c) of this section); or (vii) Deny a person the opportunity to participate as a member of a planning, advisory, or similar body which is an integral part of the program. (2)[Reserved] (3) In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose of excluding individuals from, denying them the benefits of, or subjecting them to discrimination under any program to which this regulation applies, on the ground of race, color, or national origin; or with the purpose of defeating or substantially impairing the accomplishment of the objectives of Title VI or this part. (4) As used in this section the services, financial aid, or other benefits provided under a program receiving federal financial assistance include any service, financial aid, or other benefit provided in or through a facility provided with the aid of federal financial assistance. (5) 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. (c) Employment practices. [81 FR 89855, Dec. 13, 2016, as amended at 91 FR 48771, Aug. 3, 2026] § 22.5 Assurances required. (a) General. (b) Duration of obligation. (2) In the case where federal financial assistance is provided in the form of a transfer of real property, structures, or improvements thereon, or interest therein, from the federal Government, the instrument effecting or recording the transfer shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. Where no transfer of property or interest therein from the federal government is involved, but property is acquired or improved with federal financial assistance, the recipient shall agree to include such covenant in any subsequent transfer of such property. When the property is obtained from the federal government, such covenant may also include a condition coupled with a right to be reserved by the Department to revert title to the property in the event of a breach of the covenant where, in the discretion of the designated agency official, such a condition and right of reverter is appropriate to the statute under which the real property is obtained and to the nature of the grant and the grantee. In such event if a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing, facilities on such property for the purposes for which the property was transferred, the designated agency official may agree, upon request of the transferee and if necessary to accomplish such financing, and upon such conditions as the designated agency official deems appropriate, to subordinate such right of reversion to the lien of such mortgage or other encumbrance. (c) Continuing federal financial assistance. (1) Contain, be accompanied by, or be covered by a statement that the program is (or, in the case of a new program, will be) conducted in compliance with all requirements imposed by or pursuant to this part; and (2) Provide, be accompanied by, or be covered by provision for such methods of administration for the program as are found by the designated agency official to give reasonable guarantee that the applicant and all recipients of federal financial assistance under such program will comply with all requirements imposed by or pursuant to this part. (d) Assurance from institutions. (2) The assurance required with respect to an institution of higher education, hospital, 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, patients, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution. (e) Form. et seq. (2) The designated agency official will specify the extent to which such assurances will be required of the applicant's or recipient's subgrantees, contractors, subcontractors, transferees, or successors in interest. Any such assurance shall include provisions which give the United States a right to seek its judicial enforcement. § 22.6 Compliance information. (a) Cooperation and assistance. (b) Compliance reports. (c) Access to sources of information. (d) Information to beneficiaries and participants. § 22.7 Conduct of investigations. (a) Periodic compliance reviews. (b) Complaints. (c) Investigations. (d) Resolution of matters. (2) If an investigation does not warrant action pursuant to paragraph (d)(1) of this section the designated Agency official will so inform the recipient and the complainant, if any, in writing. (e) Intimidatory or retaliatory acts prohibited. § 22.8 Procedure for effecting compliance. (a) General. (1) A referral to the 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 Civil Rights Act of 1964), or any assurance or other contractual undertaking; and (2) Any applicable proceeding under State or local law. (b) Noncompliance with § 22.5. (c) Termination of or refusal to grant or to continue federal financial assistance. (i) The designated Agency official has advised the applicant or recipient of the applicant's or recipient's failure to comply and has determined that compliance cannot be secured by voluntary means; (ii) 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; (iii) The action has been approved by the designated Agency official pursuant to § 22.10(e); and (iv) The expiration of 30 days after the designated Agency official 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. (2) 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. (1) The designated Agency official has determined that compliance cannot be secured by voluntary means; (2) The recipient or other person has been notified of its failure to comply and of the action to be taken to effect compliance; and (3) 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 the regulation and to take such corrective action as may be appropriate. § 22.9 Hearings. (a) Opportunity for hearing. (1) Fix a date not less than 20 days after the date of such notice within which the applicant or recipient may request of the designated agency official that the matter be scheduled for hearing; or (2) Advise the applicant or recipient that the matter in question has been set 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 Title VI and § 22.8(c) and consent to the making of a decision on the basis of such information as is available. (b) Time and place of hearing. (c) Right to counsel. (d) Procedures, evidence, and record. (2) Technical rules of evidence do 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 determined reasonably necessary by the officer conducting the hearing. The hearing officer 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. § 22.10 Decisions and notices. (a) Procedure on decisions by hearing examiner. (b) Decisions on record or review by the designated Agency official. (c) Decisions on record where a hearing is waived. (d) Rulings required. (e) Approval by designated Agency official. (f) Content of orders. (g) Post termination proceedings. (2) Any applicant or recipient adversely affected by an order entered pursuant to paragraph (f) of this section may at any time request the designated Agency 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 paragraph (g)(1) of this section. If the designated Agency official determines that those requirements have been satisfied, he or she shall restore such eligibility. (3) If the designated Agency 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 or procedures issued by the designated Agency official. The applicant or recipient will be restored to such eligibility if it proves at such a hearing that it satisfied the requirements of paragraph (g)(1) of this section. While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect. § 22.11 Judicial review. Action taken pursuant to section 602 of the Title VI is subject to judicial review as provided in section 603 of the Title VI. § 22.12 Effect on other regulations, forms, and instructions. (a) Effect on other regulations. (1) Executive Order 11246 (3 CFR, 1965 Supp., p. 167) and regulations issued thereunder; or (2) Any other orders, regulations, or instructions, insofar as such orders, 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. (c) Supervision and coordination. Appendix A to Part 22—Activities to Which This Part Applies Note: Failure to list a type of federal assistance in this appendix A shall not mean, if Title VI is otherwise applicable, that a program is not covered. Component Program or activity Authority Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Community Development Financial Institutions Fund—Financial Component Riegle Community Development and Regulatory Improvement Act of 1994, 12 U.S.C. 4701 et seq. Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Community Development Financial Institutions Fund—Technical Assistance Component Riegle Community Development and Regulatory Improvement Act of 1994, 12 U.S.C. 4701 et seq. Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Bank Enterprise Award Program Riegle Community Development and Regulatory Improvement Act of 1994 sec. 114, 12 U.S.C. 4713. Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Native American Community Development Financial Institutions Assistance Program, Financial Assistance (FA) Awards Riegle Community Development Banking and Financial Institutions Act of 1994, 12 U.S.C. 4701 et seq. Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Native American Community Development Financial Institutions Assistance (NACA) Program, Technical Assistance Grants Riegle Community Development Banking and Financial Institutions Act of 1994, 12 U.S.C. 4701 et seq. Departmental Offices, Office of Domestic Finance, Office of Financial Institutions Community Development Financial Institutions Fund, Capital Magnet Fund Housing and Economic Recovery Act of 2008 sec. 1339, 12 U.S.C. 4569. Departmental Offices, Office of Domestic Finance, Office of Small Business, Community Development, and Housing Policy State Small Business Credit Initiative Small Business Jobs Act of 2010, 12 U.S.C. 5701 et seq. Internal Revenue Service Tax Counseling for the Elderly Grant Program Revenue Act of 1978 sec. 163, Public Law 95-600, 92 Stat 2763, 2810-2811. Internal Revenue Service Volunteer Income Tax Assistance Program Tax Reform Act of 1969, Public Law 91-172, 83 Stat. 487. Internal Revenue Service Volunteer Income Tax Assistance Grant Program Consolidated Appropriations Act, Public Law 110-161, 121 Stat. 1844, 1975-76 (2007). Internal Revenue Service Low Income Taxpayer Clinic Grant Program Internal Revenue Service Restructuring and Reform Act of 1998 sec. 3601, 26 U.S.C. 7526. United States Mint U.S. Commemorative Coin Programs Specific acts of Congress that authorize United States commemorative coin and medal programs provide assistance. See, e.g., Departmental Offices, Treasury Executive Office for Asset Forfeiture Equitable sharing program (transfer of forfeited property to state and local law enforcement agencies) 18 U.S.C. 981(e)(2); 21 U.S.C. 881(e)(1)(A); 31 U.S.C. 9703. Various Treasury Bureaus and Offices (including the Internal Revenue Service) Unreimbursed detail of Federal Employees through the Intergovernmental Personnel Act 5 U.S.C. 3371 through 3376. Departmental Offices, Office of the Fiscal Assistant Secretary Grants under the RESTORE Act's Direct Component and Centers of Excellence program and supplemental compliance responsibilities for its Comprehensive Plan and Spill Impact Components Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, Public Law 112-141.