[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Proposed Rules]
[Pages 56386-56390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24296]
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Part II
Department of Labor
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Office of the Secretary
29 CFR Part 37
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Employment and Training Administration
20 CFR Part 667
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Use of Federal Financial Assistance for Religious Activities Under the
Nondiscrimination and Equal Opportunity Provisions of the Workforce
Investment Act of 1998; Proposed Rule
Federal Register / Vol. 68, No. 189 / Tuesday, September 30, 2003 /
Proposed Rules
[[Page 56386]]
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DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 37
Employment and Training Administration
20 CFR Part 667
RIN 1291-AA29
Use of Federal Financial Assistance for Religious Activities
Under the Nondiscrimination and Equal Opportunity Provisions of the
Workforce Investment Act of 1998
AGENCY: Office of the Secretary and Employment and Training
Administration, Labor.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Labor is proposing to amend the interim
final regulations that implement the equal opportunity and
nondiscrimination provisions of the Workforce Investment Act of 1998
(WIA). Today's proposal would revise a provision in the interim final
regulations that prohibits the use of all types of WIA Title I
financial assistance for the employment or training of participants in
religious activities. Further, the Department of Labor is proposing to
amend the regulations that implement the general provisions of WIA, to
conform those regulations to the proposed changes to the interim final
regulations implementing the equal opportunity and nondiscrimination
provisions of WIA.
DATES: To be assured of consideration, comments must be in writing and
must be received on or before December 1, 2003.
ADDRESSES: Submit comments concerning the proposed amendment to 29 CFR
part 37 to Annabelle T. Lockhart, Director, Civil Rights Center (CRC).
Electronic mail is the preferred method for submittal of comments
regarding 29 CFR part 37. Comments by electronic mail must be clearly
identified as pertaining to the proposed amendment to 29 CFR part 37,
and sent to [email protected]. Brief comments (maximum of five
pages), clearly identified as pertaining to the proposed amendment to
29 CFR part 37, may also be submitted by facsimile machine (FAX) to
(202) 693-6505.
Where necessary, hard copies of comments, clearly identified as
pertaining to the proposed amendment to 29 CFR part 37, may also be
delivered to Director Lockhart at the U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-4123, Washington, DC 20210. Because of
delays in mail delivery, CRC suggests that commenters planning to
submit comments via U.S. mail place those comments in the mail well
before the deadline by which comments must be received.
Receipt of submissions regarding the proposed amendments to 29 CFR
part 37, whether by mail, e-mail, or FAX transmittal, will not be
acknowledged; however, the sender may request confirmation that a
submission has been received by telephoning the Civil Rights Center at
the numbers listed below.
Comments received will be available for public inspection during
normal business hours at the above address. Persons who need assistance
to review the comments will be provided with appropriate aids such as
readers or print magnifiers. Copies of this proposed rule will be made
available, upon request, in large print and electronic file on computer
disk. Provision of the rule in other formats will be considered upon
request. To schedule an appointment to review the comments and/or to
obtain the proposed rule in an alternate format, contact CRC at (202)
693-6500 (VOICE) or (202) 693-6515/16 (TTY/TDD). Please note that these
are not toll-free numbers. You may also contact CRC at the addresses
listed above.
Submit comments concerning the proposed amendments to 20 CFR part
667 to Maria Flynn, Acting Administrator, Office of Policy Development,
Evaluation and Research, Employment and Training Administration,
Department of Labor, Room N-5637, 200 Constitution Ave., NW.,
Washington, DC 20210. If you would like to receive notification that we
have received your comments, you should include a self-addressed
stamped postcard. You may submit comments by facsimile machine (FAX) to
(202) 693-2766. Please note that this is not a toll-free number.
FOR FURTHER INFORMATION CONTACT: Regarding the proposed amendments to
29 CFR Part 37: Annabelle T. Lockhart, Director, Civil Rights Center
(CRC), (202) 693-6500 (VOICE) or (202) 693-6515/16 (TTY/TDD). Please
note that these are not toll-free numbers.
Regarding the proposed amendments to 20 CFR part 667: Maria Flynn,
Acting Administrator, Office of Policy Development, Evaluation and
Research, Employment and Training Administration, (202) 693-3700
(VOICE) or (202) 877-889-5627 (TTY/TDD). Please note that these are not
toll-free numbers.
SUPPLEMENTARY INFORMATION: The Department of Labor is proposing to
amend the interim final regulations, codified at 29 CFR part 37, that
implement the equal opportunity and nondiscrimination provisions of the
Workforce Investment Act of 1998 (WIA). Today's proposal would revise a
provision in the interim final regulations that prohibits the use of
all types of WIA Title I financial assistance for the employment or
training of participants in religious activities. Further, the
Department of Labor is proposing to amend the regulations, codified in
20 CFR part 667, that implement the general provisions of WIA, to
conform those regulations to the proposed amendments to 29 CFR part 37.
The preamble to this proposed rule is organized as follows:
I. Background--provides a brief description of the statutory and
regulatory background of this proposed rule.
II. Overview of the Proposed Amendments--describes the amendments
that would be accomplished by this proposed rule and explains the
reasons for the amendments.
III. Regulatory Procedure--sets forth the applicable regulatory
requirements.
I. Background
The Workforce Investment Act of 1998 (WIA) superseded the Job
Training Partnership Act (JTPA) as the Department of Labor's (DOL's)
primary mechanism for providing financial assistance for a
comprehensive system of employment and training services for adults and
dislocated workers, and comprehensive youth activities for eligible
youth. In WIA, Congress authorized financial assistance for that system
through fiscal year 2003. The Administration is currently working to
reauthorize WIA.
WIA has several goals: (1) Enhanced employment, retention and
earnings of individuals; (2) increased occupational skills attainment;
and (3) improved national economic growth through better productivity
and competitiveness. To achieve these goals, WIA provides workforce
investment services and activities through a statewide and local
network of One-Stop Career Center partners and operators. The One-Stop
Career Centers support the employment needs of job seekers and meet the
changing human resource requirements of American business by assisting
with the recruitment, training and retention of skilled workers.
Section 188 of WIA prohibits discrimination in the One-Stop Career
Center system on the bases of race, color, national origin, sex, age,
[[Page 56387]]
disability, religion, and political affiliation or belief.
Additionally, Section 188 prohibits discrimination against
beneficiaries on the basis of participation in a program or activity
that is financially assisted under Title I of WIA, and against certain
non-citizen beneficiaries who are lawfully admitted to and authorized
to work in the United States, on the basis of citizenship.
DOL published an Interim Final Rule (IFR) to implement WIA Section
188 on November 12, 1999, entitled ``Implementation of the
Nondiscrimination and Equal Opportunity Provisions of the Workforce
Investment Act of 1998,'' 64 FR 61692, codified at 29 CFR part 37. That
IFR, which generally carried over the nondiscrimination- and equal
opportunity-related policies and procedures in place under JTPA,
remains in effect. Because Congress is scheduled to reauthorize WIA,
DOL has elected to wait until that reauthorization is completed before
publishing a final rule to implement the nondiscrimination and equal
opportunity provisions of WIA.
However, it has come to DOL's attention that some of the regulatory
restrictions that were in place under JTPA are no longer required under
WIA. For this reason, and to permit recipients of DOL financial
assistance more choice and greater freedom while obtaining essential
employment and training skills, the Department seeks to amend the WIA
nondiscrimination IFR. The specific restrictions that are the subject
of this NPRM are no longer necessary because the way in which financial
assistance for training activities was provided under JTPA was
different, in some instances, from the way in which such assistance is
provided under WIA. The WIA nondiscrimination IFR bars the use of all
types of WIA Title I financial assistance to employ or train
participants in religious activities. This broad prohibition is
inconsistent with current law, which permits the use of such financial
assistance to provide religious training in cases in which participants
are given a genuine and independent private choice among training
providers, and freely elect to receive training in religious
activities, provided the training offered otherwise satisfies the
requirements of the program. As a result, the Department believes that
29 CFR part 37 should be amended.
In addition, the regulations promulgated by the Employment and
Training Administration (ETA) and codified at 20 CFR part 667, which
implement the general provisions of WIA, refer to the provision in 29
CFR part 37 that restricts the use of WIA financial assistance for
training in religious activities. Accordingly, ETA's regulations should
be revised as well, to conform to the amended language of part 37.
The current language of the regulatory provisions mentioned above
may preclude religious organizations that are eligible training
providers from receiving indirect Federal financial assistance in
exchange for providing religious training, even in those situations in
which participants exercise true private choice in selecting the
training providers. The current regulatory language may also preclude
participants from using WIA financial assistance for religious training
in a manner consistent with Federal law. Therefore, the Department is
proposing to amend the provisions at issue. Cf. Executive Order 13279,
67 FR 77139, 77141 (December 16, 2002) (``Equal Protection of the Laws
for Faith-Based and Community Organizations'').
The NPRM would not change the underlying requirements for WIA
financially assisted training. For example, participants must qualify
as eligible for training, and training services must demonstrate
certain linkages to occupations in demand. See WIA sec. 134(d)(4).
The Secretary of Labor has rulemaking authority for the parts of
the Code of Federal Regulations that would be amended by this proposed
rule. The remaining sections of this preamble will explain the
reasoning underlying the proposed amendments.
The Department seeks comments on all issues concerning the proposed
amendments to 29 CFR part 37 and the concurrent proposed revisions to
20 CFR 667. The Department is interested in comments from current and
potential recipients of WIA title I financial assistance as to the
effect of participating in the program as permitted in the revised
paragraph 37.6(f)(2) on their programs and operations in light of the
existing rules and regulations imposed on recipients in 29 CFR Part 37
including paragraph 37.6(c).
II. Overview of the Proposed Amendments
29 CFR Part 37
Proposed Paragraph 37.6(f)(1)
The existing language of paragraph 37.6(f)(1) bars recipients from
permitting participants ``to be employed or trained in sectarian
activities.'' The provision was not based on any specific statutory
authority conferred by WIA or JTPA; rather, as discussed in more detail
below, it was a regulatory provision promulgated under JTPA because of
the manner in which financial assistance was provided under that
program. Because some of the methods used to provide financial
assistance under WIA are different from those used under JTPA, the
proposal would revise paragraph 37.6(f)(1) to allow for more
flexibility based on those differences.
Under JTPA, training institutions received financial assistance,
channeled to training providers through State or local governments or
private industry councils. The providers that participated under JTPA
were selected pursuant to the job training plan established by each
service delivery area. Pub. L. 97-300, Sec. Sec. 104(b)(5), 107(a),
(d), 96 Stat. 1322, 1331, 1355-56 (1982). Nothing in the language of
JTPA indicates that beneficiaries or participants were provided any
opportunity to choose which training providers would receive financial
assistance, and the Department did not administer JTPA in a way that
allowed participants to exercise true private choice in selecting
training providers. See Pub. L. No. 97-300, passim. Therefore,
consistent with constitutional requirements that in certain
circumstances restrict direct Federal financial assistance for
inherently religious activities in the absence of true private choice,
see,e.g., Bowen v. Kendrick, 487 U.S. 589, 611-12 (1988); Mitchell v.
Helms, 530 U.S. 793, 815-16 (2002) (plurality opinion); Zelman v.
Simmons-Harris, 536 U.S. 639, 649-55 (2002), the prohibition on the use
of JTPA financial assistance for ``employment or training in sectarian
activities'' was codified in the JTPA regulations promulgated by ETA,
in a specific provision that stated that ``the employment or training
of participants in sectarian activities is prohibited.'' 59 FR 45760,
45822, Sec. 627.210(b) (September 2, 1994) (final rule).
Under WIA, there are grant programs for which the financial
assistance is provided directly to certain programs or activities, as
under JTPA. However, much of the financial assistance available under
WIA for training of individual beneficiaries is provided as a result of
beneficiaries' genuine and independent private choice. The
constitutional restrictions on the use of Federal financial assistance
to support training in religious activities do not apply where the
assistance is provided to religious organizations as a result of such
genuine and independent private choices, provided the training
otherwise satisfies the requirements of the program. See Zelman v.
Simmons-Harris, 536 U.S. at 652; see also Witters
[[Page 56388]]
v. Washington Department of Services for the Blind, 474 U.S. 481, 488
(1986).
For example, under Section 122 of WIA, a training provider that
meets certain statutory criteria may apply to be identified as an
eligible provider of training services. 29 U.S.C. 2842(a). Nothing in
the statutory criteria excludes religious organizations from being so
identified. Id. In addition, under WIA Section 134(d)(4), training
services for participants or beneficiaries are primarily paid for
through individual training accounts (ITAs). 29 U.S.C. 2864(d)(4)(G).
For these services, (1) participants select their preferred training
provider from a State's list of eligible providers and receive
training; and (2) the provider receives payment from the participants'
ITAs through electronic transfers of funds, vouchers, or other
appropriate methods. Id.; 29 U.S.C. 2864(d)(4)(F), ``Consumer Choice
Requirements''; 20 CFR 663.410.
The preamble to the WIA nondiscrimination regulations indicates
that 29 CFR 37.6(f) ``is directly based on, and implements, Section
188(a)(3) of WIA.'' 64 FR at 61698. This statement is true with regard
to existing paragraphs 37.6(f)(2) and (f)(3). Compare 29 U.S.C.
2938(a)(3) with 29 CFR 37.6(f)(2) and (f)(3). Paragraph 37.6(f)(1),
however, originated in the IFR promulgated by ETA to implement the
general provisions of WIA, and was merely a carry-over from the JTPA
regulations, with no basis in the WIA statute. When the WIA
nondiscrimination IFR was promulgated seven months after ETA's IFR,
paragraph 37.6(f)(1) was inserted in the nondiscrimination regulations.
Compare 64 FR 18662, 18729, 18730, Sec. Sec. 667.266(a), 667.275(b)
(April 15, 1999), with 29 CFR 37.6(f)(1). None of the language of the
WIA statute, in Section 188(a)(3) or elsewhere addresses the employment
or training of beneficiaries in religious activities.
The proposed rule would amend paragraph 37.6(f)(1) to allow
religious organizations to receive government financial assistance that
is provided indirectly through the genuine and independent private
choices of beneficiaries. The proposed new language would allow
participants to use their ITAs, or similar training accounts under
programs established by States or Local Workforce Investment Areas
(LWIAs), for religious training, as long as the training account
programs afford participants genuine and independent choice between
religious and non-religious training options, and the religious
organizations receiving assistance otherwise satisfy the requirements
of the program.
The proposed revision to paragraph 37.6(f)(1) would provide that
financial assistance provided directly to a religious organization may
not be expended for religious employment or training. Further, the
revised paragraph would provide that, for purposes of the paragraph,
the term ``direct'' would mean financial assistance that is provided at
the direction of a governmental entity, or an intermediate organization
with the same duties as a governmental entity under this program, as
opposed to financial assistance that an organization receives as a
result of the genuine and independent choice of a beneficiary. See
Zelman v. Simmons-Harris, 536 U.S. 639.
Proposed Paragraph 37.6(f)(2)
[Current paragraph 37.6(f)(2) would be redesignated paragraph
37.6(f)(3).]
Consistent with the discussion above, the proposal would add a new
paragraph 37.6(f)(2) to permit WIA Title I financial assistance to be
used to train participants in religious activities, as long as the
State or LWIA has established a mechanism for providing such assistance
that gives participants a genuine and independent choice among training
providers (including religious and non-religious providers); that
mechanism permits participants to direct the financial assistance to
the provider of their choice; and the training provider that receives
the assistance otherwise satisfies the requirements of the program.
The revision would also be consistent with, and would assist in
implementing, the principles underlying Executive Order 13279, ``Equal
Protection of the Laws for Faith-Based and Community Organizations,''
issued by President Bush on December 12, 2002, and reprinted at 67 FR
77141 (December 12, 2002). The purposes of Executive Order 13279
include ensuring equal protection of the laws for faith-based and
community organizations, and furthering the national effort to expand
opportunities for, and strengthening the capacity of, faith-based and
community organizations so that they may better meet the social needs
in America's communities. In the Department's view, the proposed
language for paragraph 37.6(f)(2) is necessary in order to comply with
this requirement.
Proposed Paragraphs 37.6(f)(3) and (f)(4)
[Current paragraph 37.6(f)(3) would be redesignated paragraph
37.6(f)(4).]
The existing language of paragraphs 37.6(f)(2) and (f)(3)
implements Section 188(a)(3) of the Workforce Investment Act, 29 U.S.C.
2938(a)(3), which precludes participants in a WIA financially assisted
program from ``being employed to carry out the construction, operation,
or maintenance of any part of any facility that is used or to be used
for sectarian instruction or as a place for religious worship.'' This
statutory prohibition covers all forms of financial assistance,
including assistance that is provided as a result of the independent
and private decisions of participants. WIA Section 188(a)(3) does
permit participants to be employed ``with respect to the maintenance of
a facility that is not primarily or inherently devoted to sectarian
instruction or religious worship, in a case in which the organization
operating the facility is part of a program or activity providing
services to participants.''
Existing paragraph 37.6(f)(2) addresses the employment activities
at facilities devoted to religious instruction and worship that are
proscribed by WIA Section 188(a)(3) of WIA. The employment activities
that WIA Section 188(a)(3) permits at facilities operated by religious
organizations are addressed in existing paragraph 37.6(f)(3). In the
proposed regulations, existing paragraphs 37.6(f)(2) and (f)(3) would
be redesignated as paragraphs 37.6(f)(3) and (f)(4), respectively. In
addition, these paragraphs were revised in this proposed rule to make
them easier to understand, and to adhere more closely to the language
of WIA Section 188(a)(3). The proposed revisions are not intended to
alter the meaning of these paragraphs.
20 CFR Part 667
Proposed Paragraphs 667.266(b)(1) and (2)
The prohibition on employing and training participants in religious
activities found in the current 29 CFR 37.6(f)(1) is also set forth in
20 CFR 667.266(b)(1) of ETA's current regulations implementing WIA. The
proposal would revise the provisions in 20 CFR 667.266(b)(1) to conform
them to the proposed revisions to 29 CFR 37.6(f)(1). Thus, paragraph
667.266(b)(1) in the proposed rule would provide that WIA Title I
financial assistance provided directly from the State or LWIA to a
religious organization may not be expended for religious employment or
training. Also, proposed paragraph 667.266(b)(2) would provide that WIA
Title I financial assistance may be used for religious employment and
training where the State or LWIA has a mechanism for providing such
assistance that gives participants a
[[Page 56389]]
genuine and independent choice among training providers, as set forth
in proposed 29 CFR 37.6(f)(2). Further, the current language of 20 CFR
667.266(b)(2) sets forth the prohibition on employing persons to carry
out construction, operation, or maintenance of facilities used for
religious instruction or religious worship that is found in 29 CFR
37.6(f)(1). The only change proposed to existing 20 CFR 667.266(b)(2)
is to revise the cross-references to 29 CFR 37.6(f)(1) and (f)(2) to 29
CFR 37.6(f)(3) and (f)(4), respectively.
Proposed Paragraph 667.275(b)
The existing language of 20 CFR 667.275(b) also refers to the
provision in existing 29 CFR 37.6(f) that prohibits the employment and
training of participants in religious activities. Accordingly, the
proposed rule would revise 20 CFR 667.275(b) to conform to the proposed
revisions to existing 29 CFR 37.6(f). Proposed paragraph 667.275(b)
would provide that WIA financial assistance provided directly to a
recipient may not be expended for the employment or training of
participants in religious activities, but that WIA Title I financial
assistance that is provided indirectly may be used to train
participants in religious activities, as long as the State or LWIA has
established a mechanism for providing such assistance that gives
participants a genuine and independent choice among training providers
(including religious and non-religious providers) and the other
conditions outlined in 29 CFR 29.37.6(f)(2) are met. Further, proposed
paragraph 667.275(b) would state that WIA financial assistance may not
be used in employment or training activities that involve the
construction or maintenance of any facility used for religious
instruction or a place of worship, but that the employment of
participants to maintain a facility that is not primarily or inherently
devoted to religious instruction or worship is permitted if the
organization operating the facility is part of an organization that
provides services to participants.
III. Regulatory Procedures
Executive Order 12866
The Office of Management and Budget (OMB) has reviewed this rule
under Executive Order 12866, ``Regulatory Planning and Review.'' OMB
has determined that this rule is a ``significant regulatory action'' as
defined in section 3(f) of the Order. However, this rule is not an
economically significant regulatory action under the Order, and
therefore, no regulatory impact analysis has been prepared.
Regulatory Flexibility Act
The proposed rule would not substantially change the existing
obligation of recipients or entities operating Federally-assisted
programs or activities to apply a policy of nondiscrimination and equal
opportunity in employment or services. The Secretary, in accordance
with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed and
approved this proposed rule, and in so doing certifies that this rule
will not have a significant economic impact on a substantial number of
small entities. Therefore, a regulatory flexibility analysis is not
required.
Unfunded Mandates Reform Act
For purposes of the Unfunded Mandates Reform Act of 1995, as well
as Executive Order 12875, this proposed rule does not include any
Federal mandate that may result in increased expenditures by any State,
local, and tribal governments.
Paperwork Reduction Act
The proposed rule contains no new information collection
requirements. Therefore, it is not subject to the Paperwork Reduction
Act.
Executive Order 13132
This proposed rule has been reviewed in accordance with Executive
Order 13132 regarding Federalism. The proposed rule will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. Therefore,
the requirements of section 6 of Executive Order 13132 do not apply to
this rule.
20 CFR Part 667
Employment, Grant programs--Labor, Reporting and recordkeeping
requirements
29 CFR Part 37
Administrative practice and procedure, Discrimination, Civil
rights, Equal education opportunity, Equal employment opportunity,
Grant programs--Labor, Individuals with disabilities, Investigations,
Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, part 667, subpart B,
title 20 of the Code of Federal Regulations, and part 37, subpart A,
title 29 of the Code of Federal Regulations, are amended to read as set
forth below.
Signed at Washington, DC this 22nd day of September, 2003.
Elaine L. Chao,
Secretary of Labor.
Title 20--Employees' Benefits
Chapter V--Employment and Training Administration, Department of Labor
PART 667--ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE
INVESTMENT ACT (WIA)
1. The authority citation for part 667 is revised to read as
follows:
Authority: Section 506(c), Pub. L. 105-220, 112 Stat. 1246 (20
U.S.C. 9276(c)).
2. In Sec. 667.266, the section heading and paragraph (b) are
revised to read as follows:
Sec. 667.266 What are the limitations related to religious
activities?
* * * * *
(b) Under these limitations:
(1) WIA title I financial assistance provided directly from the
State or LWIA to a religious organization may not be expended for
religious employment or training. This limitation is more fully
described at 29 CFR 37.6(f)(1). As set forth in 29 CFR 37.6(f)(2),
financial assistance provided under title I of WIA may be used to train
participants in religious activities where the State or LWIA has
established a mechanism for providing such assistance that gives
participants a genuine and independent choice among training providers
(including religious and non-religious providers), that mechanism
permits participants to direct the financial assistance to the provider
of their choice, and the provider receiving the assistance otherwise
satisfies the requirements of the program.
(2) Under 29 CFR 37.6(f)(3), participants must not be employed
under title I of WIA to carry out the construction, operation, or
maintenance of any part of any facility that is used or to be used for
religious instruction or as a place for religious worship. However, as
discussed in 29 CFR 37.6(f)(4), WIA financial assistance may be used
for the maintenance of a facility to the extent that it is not
primarily or inherently devoted to religious instruction or religious
worship and provided that the organization operating the facility is
part of a program or activity providing services to WIA participants.
(WIA sec. 188(a)(3).)
* * * * *
3. In Sec. 667.275, the section heading and paragraph (b) are
revised to read as follows:
[[Page 56390]]
Sec. 667.275 What are a recipient's obligations to ensure
nondiscrimination and equal opportunity, as well as nonparticipation in
religious activities?
* * * * *
(b) Under 29 CFR 37.6(f), WIA financial assistance provided
directly to a recipient may not be expended for religious employment or
training, but financial assistance provided under title I of WIA may be
used to train participants in religious activities, as long as the
State or LWIA has established a mechanism for providing such assistance
that gives participants a genuine and independent choice among training
providers (including religious and non-religious providers), that
mechanism permits participants to direct the financial assistance to
the provider of their choice, and the provider receiving the assistance
otherwise satisfies the requirements of the program. WIA financial
assistance may not be used in employment or training activities that
involve the construction, or maintenance of any facility used for
religious instruction or as a place of worship, but the employment of
participants to maintain a facility to the extent that it is not
primarily or inherently devoted to religious instruction or worship is
permitted, and provided that the organization operating the facility is
part of a program or activity that provides services to participants.
Title 29--Labor
Subtitle A--Office of the Secretary
PART 37--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL
OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998
(WIA)
1. The authority citation for part 37 continues to read as follows:
Authority: Sections 134(b), 136(d)(2)(F), 136(e), 172(a),
183(c), 185(c)(2), 185(d)(1)(E), 186, 187 and 188 of the Workforce
Investment Act of 1998, 29 U.S.C. 2801, et seq.; Title VI of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, et seq.;
Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
794; the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101;
and Title IX of the Education Amendments of 1972, as amended, 20
U.S.C. 1681.
2. In Sec. 37.6, paragraph (f) is revised to read as follows:
Sec. 37.6 What specific discriminatory actions, based on prohibited
grounds other than disability, are prohibited by this part?
* * * * *
(f)(1) No financial assistance provided directly from the State or
LWIA to a religious organization may be expended for religious
employment or training. For purposes of this paragraph, the term
``direct'' means financial assistance that is provided at the direction
of a governmental entity, or an intermediate organization with the same
duties as a governmental entity under this program, as opposed to
financial assistance that an organization receives as a result of the
genuine and independent choice of the beneficiary.
(2) A recipient may permit WIA title I financial assistance to be
used to train participants in religious activities if:
(i) The State or LWIA has established a mechanism for providing
such financial assistance that gives participants a genuine and
independent choice among training providers (including religious and
non-religious providers);
(ii) The mechanism established by the State or LWIA includes an
Individual Training Account (ITA), voucher, coupon, certificate, or
other similar procedure through which participants direct the WIA Title
I financial assistance to the provider of their choice; and
(iii) The selected provider otherwise satisfies the requirements of
the program.
(3) Except under the circumstances described in paragraph (f)(4)
below, a recipient must not permit participants to engage in employment
or training activities that involve the construction, operation, or
maintenance of any facility, or any part of a facility, that is used,
or will be used, for religious instruction or as a place of religious
worship.
(4) A recipient may permit participants to engage in employment or
training activities that involve the maintenance of a facility that is
used, or will be used, for religious instruction or religious worship,
(i) To the extent that the facility is not primarily or inherently
devoted to religious instruction or religious worship, and
(ii) Provided that the organization operating the facility is part
of a program or activity providing services to participants.
[FR Doc. 03-24296 Filed 9-29-03; 8:45 am]
BILLING CODE 4510-23-P; 4510-30-P