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25 [ t tar, gent tally or indirectly to a Federally assisted program. Agirmative action to correct and pre - rcnt prohibited discrimination. Existing k 21.5(b) (7) provides that consideration of race, color, or national origin are not prohibited if the purpose and effect is to remove or overcome the 4detrimental result, of discrimination. That provision also places on the recipient of Federal ns:,istance an "obligation to take reason- able action to remove or overcome the consequences of prior discriminatory practice or usage and to accomplish.the purposcs of the Act ". The Department's amendment to the second sentence in 21.5(b) (7) is to make it clear that the recipient (1) must take affirmative ac- tion to overcome the effects of prior dis- crirrlvnatozy practice or usage, and (2) Is expected to take af.ririnative action to assure that no person is excluded from participation in or denied the benefits of the iectpieziVs Federally assisted pro- grams on the .ground of race, color, or national origin. Collection of racial data. Existing 121.9 (b) states that recipients shall keep such records and submit such reports as the Secretary determines are necessary. While this provision furnishes a basis for requiring data on the race and national origin of persons affected by Federally nssiAed programs, it contains no ex- plicit reference to such data. Experience has -h&wit that, with respect to most Federally assisted programs, racial data Is an essential element in Implement- ing Title VT of the Civil Rights Act of 195 -1. In view of the importance of such data, the Department is adding an ex- press reference to it in § 21.9(b). Time for filing complaints. Existing provisions of § 21.11(b) regarding the fii- ing of complaints of alleged discrinllna- tion state that a complaint must be filed "not Iater than 90 days after the date of the - Ileged discrimination, unless the RULES AND REGULATIONS ti:nc for riiing is extended by the Secretary". To make this time period consistent with th.tt allowed under other civil rights law.,;, the Department is changing this time limit front 90 to 180 days. In consideration of the foregoing, ef- fective July 5, 1973. 49 CFR Part 21. i:; amended as follows: 1. Section 21.5(b) is amended by: (1) Striking out the word "or" at the e.ntl of subparagraph (1) (v): (2) Striking out the period at the end of stbparagrph (1) (vi) and substituting a semicolon and the word "or "; and (3) Adding a new subparagraph (1) (vii) at the end_ thereof, to read as set forth below. (4) Adding a new subparagraph (7) to read as set forth below. § 21.5 Ni criminal ;on proh;l :;led. (b) Specific discriminatory actions prohibited: (1) i i f (vii) Deny a person the opportunity to participate as a member of a planning, advisory, or similar body which is an in- tegral part of the program. # s a e # (7) This part does not prohibit the consideration of race, color, or national origin if the purpose and effect are to remove or overcome the. conseiluerces of practices or impediments which have re- stricted the availability of, or participa- tion ill, the program or activity receiviiig ,See section 706(e) of Title VII of tho Civil Rights Act of 1964, as amended by tho Equal Employment Opportunity Act of 1972, 42 U.S.C.A. 2000e -5(c); section 810(ri) of Titlo VIII of the Civil Rights Act of 1968. 42 V.S.C. 3610(b),, and the regulations of the Or- fice of Federnl Contract Compliance, 41 CFR :a 17997 F: deral financial assistance, on the grounds of race, color, or national origin. Where prior discriminatory practice or usage tends, on the grounds of race, color, or national origin to exclude individuals from participation in, to deny theta the benefits of, or to subject them to dis- crimination under any program or ac- - tivity to which this part applies, the ap= plienrit or recipient must take affirmative action to remove or overcome the effects of the prior discriminatory practice or usage. Even in the absence of prior dis- crimmatory practice or usage, a recipient in achninistering aa, program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in or dz:iied the benefits of the program or activity on the grounds of race, color, or national origin, 3. Section 21.9(b) is amended by add- ing the following new sentience at.the end thereof: § 21.9 Goniplianrc.informai;on, (b) Compliance reports. ' ♦ in gen- eral, recipients should have available for the Secretary racial and ethnic data showing the extent to which members of minority groups are beneficiaries of pro- grams receiving Federal financial as, ;Ist- ante. § 2s l l CAmendedl t 4. Section 21.11(b) Is amended by sub- , stituting "180 days" for "DO days ". (Sec. 602; Civil Rights Act of 1964, 42 U.B.C, 2000d -1) - Issued in Washington, D.C., on Sep- tember 21, 1972, JOHN A. VOLi'8, Secretary of Transportation. IM Doe. 73 -13291 Filed 7 -3 -73; 8:45 aml FSiJi€aAL Rf:GISTM VOL 3% NO, T23 -- 'i2iI7M1►.4 =T 21,. 19711. i 4 - .