| 41 CFR 101-6.201
TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
PART 101-6--MISCELLANEOUS REGULATIONS--Table of Contents
Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal Financial Assistance
Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.
Source: 29 FR 16287, Dec. 4, 1964, unless otherwise noted.
Sec. 101-6.201 Scope of subpart.
This subpart provides the regulations of the General Services
Administration (GSA) under title VI of the Civil Rights Act of 1964 (52
U.S.C. 2000d--2000d-4) concerning nondiscrimination in federally
assisted programs in connection with which Federal financial assistance
is extended under laws administered in whole or in part by GSA.
[38 FR 17973, July 5, 1973]
Sec. 101-6.202 Purpose.
The purpose of this subpart is to effectuate the provisions of title
VI of the Civil Rights Act of 1964 (hereinafter referred to as the
``Act'') to the end that no person in the United States shall, on the
ground 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 GSA.
Sec. 101-6.203 Application of subpart.
(a) Subject to paragraph (b) of this section, this subpart applies
to any program for which Federal financial assistance is authorized
under a law administered in whole or in part by GSA, including the laws
listed in Sec. 101-6.217. It applies to money paid, property
transferred, or other Federal financial assistance extended to any such
program after the effective date of this subpart pursuant to an
application approved prior to such effective
[[Page 33]]
date. This subpart does not apply to (1) Any Federal financial
assistance by way of insurance or guaranty contracts, (2) money paid,
property transferred, or other assistance extended to any such program
before the effective date of this subpart, except to the extent
otherwise provided by contract, (3) any assistance to any individual who
is the ultimate beneficiary under any such program, or (4) any
employment practice, under any such program, of any employer, employment
agency, or labor organization, except to the extent described in
Sec. 101-6.204-2(d). The fact that a statute which authorizes GSA to
extend Federal financial assistance to a program or activity is not
listed in Sec. 101-6.217 shall not mean, if title VI of the Act is
otherwise applicable, that such program is not covered. Other programs
involving statutes now in force or hereinafter enacted may be added to
this list by notice published in the Federal Register.
(b) The regulations issued by the following Departments pursuant to
title VI of the Act shall be applicable to the programs involving
Federal financial assistance of the kind indicated, and those
Departments shall respectively be responsible for determining and
enforcing compliance therewith:
(1) Department of Health, Education, and Welfare--donation or
transfer of surplus property for purposes of education or public health
(Sec. 101-6.217 (a)(2) and (b)).
(2) Department of Defense--donation of surplus personal property for
purposes of civil defense (Sec. 101-6.217(a)(2)).
(3) Department of Transportation--donation of property for public
airport purposes (Sec. 101-6.217(c)). GSA will, however, be responsible
for obtaining such assurances as may be required in applications and in
instruments effecting the transfer of property.
(4) Department of the Interior--disposal of surplus real property,
including improvements, for use as a public park, public recreational
area, or historic monument (Sec. 101-6.217(d) (1) and (2)). GSA will,
however, be responsible for obtaining such assurances as may be required
in applications and in instruments effecting the transfer of property
for use as a historic monument.
(5) Department of Housing and Urban Development--disposal of surplus
real property for use in the provision of rental or cooperative housing
to be occupied by families or individuals of low or moderate income
(Sec. 101-6.217(q)).
(c) Each Department named in paragraph (b) of this section shall
keep GSA advised of all compliance and enforcement actions, including
sanctions imposed or removed, taken by it with respect to the programs
specified in paragraph (b) of this section to which the regulations of
such Department apply.
[38 FR 17973, July 5, 1973]
Sec. 101-6.204 Discrimination prohibited.
Sec. 101-6.204-1 General.
No person in the United States shall, on the ground 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 to which this subpart applies.
Sec. 101-6.204-2 Specific discriminatory actions prohibited.
(a)(1) In connection with any program to which this subpart applies,
a recipient may not, directly or through contractual or other
arrangements, on the ground of race, color, or national origin:
(i) Deny an individual any service, financial aid, or other benefit
provided under the program;
(ii) Provide any service, financial aid, or other benefit to an
individual which is different, or is provided in a different manner,
from that provided to others under the program;
(iii) Subject an individual 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 an individual 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 an individual differently from others in determining
whether he satisfies any admission, enrollment, quota, eligibility,
membership or other
[[Page 34]]
requirement or condition which individuals must meet in order to be
provided any service, financial aid, or other benefit provided under the
program;
(vi) Deny an individual an opportunity to participate in the program
through the provision of services or otherwise, or 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
an employee but only to the extent set forth in paragraph (d) of this
Sec. 101-6.204-2).
(2) A recipient, in determining the types of services, financial
aid, or other benefits, or facilities which will be provided under any
such program, or the class of individuals to whom, or the situations in
which, such services, financial aid, other benefits, or facilities will
be provided under any such program, or the class of individuals to be
afforded an opportunity to participate in any such program, may not,
directly or through contractual or other arrangements, utilize criteria
or methods of administration which have the effect of subjecting
individuals to discrimination because of their race, color, or national
origin, or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program as respect individuals
of a particular race, color, or national origin.
(3) In determining the site or location of facilities, an applicant
or recipient may not make selections with the purpose or effect of
excluding individuals from, denying them the benefits of, or subjecting
them to discrimination under any program to which this subpart applies,
on the ground of race, color, or national origin or with the purpose or
effect of defeating or substantially impairing the accomplishment of the
objectives of the Act or this subpart.
(4) This subpart does not prohibit the consideration of race, color,
or national origin if the purpose and effect are to remove or overcome
the consequences of practices or impediments which have restricted the
availability of, or participation in, the program or activity receiving
Federal financial assistance, on the ground of race, color, or national
origin. Where previous discriminatory practice or usage tends, on the
ground of race, color, or national origin, to exclude individuals from
participation in, to deny them the benefits of, or to subject them to
discrimination under any program or activity to which this subpart
applies, the applicant or recipient has an obligation to take reasonable
action to remove or overcome the consequences of the prior
discriminatory practice or usage, and to accomplish the purposes of the
Act.
(b) As used in this Sec. 101-6.204-2 the services, financial aid, or
other benefits provided under a program receiving Federal financial
assistance shall be deemed to include any service, financial aid, or
other benefit provided in or through a facility provided with the aid of
Federal financial assistance.
(c) The enumeration of specific forms of prohibited discrimination
in this Sec. 101-6.204-2 does not limit the generality of the
porhibition in Sec. 101-6.204-1.
(d)(1) Where a primary objective of the Federal financial assistance
to a program to which this subpart applies is to provide employment, a
recipient may not, directly or through contractual or other
arrangements, subject an individual to discrimination on the ground of
race, color, or national origin in its employment practices under such
program (including, but not limited to, recruitment or recruitment
advertising; employment; layoff or termination; upgrading, demotion, or
transfer; rates of pay or other forms of compensation; selection for
training, including apprenticeship; and use of facilities). The
requirements applicable to construction employment under any such
program shall be those specified in or pursuant to part III of Executive
Order 11246 or the corresponding provisions of any Executive order which
supersedes it.
(2) Where a primary objective of the Federal financial assistance is
not to provide employment, but discrimination on the ground of race,
color, or national origin in the employment practices of the recipient
or other persons subject to this subpart tends, on the ground of race,
color, or national origin, to exclude individuals from participation in,
to deny them the benefits of, or to subject them to discrimination under
any program to which this
[[Page 35]]
subpart applies, the provisions of paragraph (d)(1) of this section
shall apply to the employment practices of the recipient or other
persons subject to this subpart, to the extent necessary to insure
equality of opportunity to, and nondiscriminatory treatment of,
beneficiaries.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]
Sec. 101-6.204-3 Special programs.
An individual shall not be deemed subjected to discrimination by
reason of his exclusion from the benefits of a program limited by
Federal law to individuals of a particular race, color, or national
origin different from his.
Sec. 101-6.205 Assurances required.
Sec. 101-6.205-1 General.
(a) Every application for Federal financial assistance to carry out
a program to which this subpart 101-6.2 applies, except a program to
which Sec. 101-6.205-2 applies, and every application for Federal
financial assistance to provide a facility shall, as a condition to its
approval and the extension of any Federal financial assistance pursuant
to the application, contain or be accompanied by an assurance that the
program will be conducted or the facility operated in compliance with
all requirements imposed by or pursuant to this subpart 101-6.2. In the
case of an application for Federal financial assistance to provide real
property or structures thereon, the assurance shall obligate the
recipient, or, in the case of a subsequent transfer, the transferee, for
the period during which the real property or structures are used for a
purpose for which the Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits.
In the case of personal property, the assurance shall obligate the
recipient for the period during which he retains ownership or possession
of the property. In all other cases the assurance shall obligate the
recipient for the period during which Federal financial assistance is
extended pursuant to the application. The responsible GSA official shall
specify the form of the foregoing assurances for each program and the
extent to which like assurances will be required of subgrantees,
contractors and subcontractors, transferees, successors in interest, and
other participants in the program. Any such assurance shall include
provisions which give the United States a right to seek its judicial
enforcement.
(b) In the case of real property, structures or improvements
thereon, or interests therein, which is acquired with Federal financial
assistance, or in the case where Federal financial assistance is
provided in the form of a transfer of real property 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 is involved, but property is
improved under a program of Federal financial assistance, the recipient
shall agree to include such a covenant in any subsequent transfer of
such property. Where the property is obtained from the Federal
Government, such covenant may also include a condition coupled with a
right to be reserved by GSA to revert title to the property in the event
of a breach of the covenant where, in the discretion of the responsible
GSA official, such a condition and right of reverter is appropriate to
the program 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 Administrator may agree, upon request of the transferee
and if necessary to accomplish such financing, and upon such conditions
as he deems appropriate, to forebear the exercise of such right to
revert title for so long as the lien of such mortgage or other
encumberance remains effective.
(c) The assurance required in the case of a transfer of personal
property shall
[[Page 36]]
be inserted in the instrument effecting the transfer of the property.
(d) In the case of programs not involving a transfer of property,
the assurance required shall be inserted in the agreement executed
between the United States and the recipient covering the extension of
Federal financial assistance.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]
Sec. 101-6.205-2 Continuing State programs.
Every application by a State or a State agency to carry out a
program involving continuing Federal financial assistance to which this
subpart applies shall as a condition to its approval and the extension
of any Federal financial assistance pursuant to the application (a)
contain or be accompanied 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 subpart, and (b) provide or
be accompanied by provision for such methods of administration for the
program as are found by the responsible GSA official to give reasonable
assurance that the applicant and all recipients of Federal financial
assistance under such program will comply with all requirements imposed
by or pursuant to this subpart.
[38 FR 17974, July 5, 1973]
Sec. 101-6.205-3 Elementary and secondary schools.
The requirements of Secs. 101-6.205-1 and 101-6.205-2 with respect
to any elementary or secondary school or school system shall be deemed
to be satisfied if such school or school system (a) Is subject to a
final order of a court of the United States for the desegregation of
such school or school system, and provides an assurance that it will
comply with such order, including any future modification of such order,
or (b) submits a plan for the desegregation of such school or school
system which the responsible official of the Department of Health,
Education, and Welfare determines is adequate to accomplish the purposes
of the Act and this subpart within the earliest practicable time, and
provides reasonable assurance that it will carry out such plan. In any
case of continuing Federal financial assistance such responsible
official may reserve the right to redetermine, after such period as may
be specified by him, the adequacy of the plan to accomplish the purposes
of the Act and this subpart. In any case in which a final order of a
court of the United States for the desegregation of such school or
school system is entered after submission of such a plan, such plan
shall be revised to conform to such final order, including any future
modification of such order.
[38 FR 17974, July 5, 1973]
Sec. 101-6.205-4 Applicability of assurances.
(a) In the case of any application for Federal financial assistance
to an institution of higher education, the assurance required by this
Sec. 101-6.205 shall extend to admission practices and to all other
practices relating to the treatment of students.
(b) 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 unless the applicant establishes, to the
satisfaction of the responsible GSA official, that the institution's
practices in designated parts or programs of the institution will in no
way affect its practices in the program of the institution for which
Federal financial assistance is sought, or the beneficiaries of or
participants in such program. If in any such case the assistance sought
is for the construction of a facility or part of a facility, the
assurance shall in any event extend to the entire facility and to
facilities operated in connection therewith.
(c) Where an installation or facility (for example, a public
airport, or park or recreation area) is comprised of real property for
which application is made under a program, and, in addition, other real
property of the applicant,
[[Page 37]]
the assurance required under this Sec. 101-6.205 shall be applicable to
the entire installation or facility.
Sec. 101-6.206 Illustrative applications.
The following examples will illustrate the application of the
foregoing provisions of this subpart to certain programs for which
Federal financial assistance is extended by GSA (in all cases the
discrimination prohibited is discrimination on the ground of race,
color, or national origin, prohibited by title VI of the Act and this
subpart):
(a) In the programs involving the transfer of surplus property for
airport, park or recreation, historic monument, wildlife conservation,
or street widening purposes (Sec. 101-6.217(c), (d), (e), and (h)), the
public generally is entitled to the use of the facility and to receive
the services provided by the facility and to facilities operated in
connection therewith, without segregation or any other discriminatory
practices.
(b) In the program involving the loan of machine tools to nonprofit
institutions or training schools (Sec. 101-6.217(o)), discrimination by
the recipient in the admission of students or trainees or in the
treatment of its students or trainees in any aspect of the educational
process is prohibited. In the case of an institution of higher
education, the prohibition applies to the entire institution except as
provided in paragraph (b) of Sec. 101-6.205-4. In the case of elementary
or secondary schools, the prohibition applies to all elementary and
secondary schools of the recipient school district, consistent with
Sec. 101-6.205-3. In this and other illustrations the prohibition of
discrimination in the treatment of students or trainees includes the
prohibition of discrimination among the students or trainees in the
availability or use of any academic, dormitory, eating, recreational, or
other facilities of the recipient.
(c) In the programs involving the donation of personal property to
public bodies or the American National Red Cross (Sec. 101-6.217 (f) and
(j)), discrimination in the selection or treatment of individuals to
receive or receiving the benefits or services of the program is
prohibited.
(d) In the program involving the donation of personal property to
eleemosynary institutions (Sec. 101-6.217(1)), the assurance will apply
to applicants for admission, patients, interns, residents, student
nurses, and other trainees, and to the privilege of physicians,
dentists, and other professionally qualified persons to practice in the
institution, and will apply to the entire institution and to facilities
operated in connection therewith, subject to the provisions of Sec. 101-
6.205-4(b).
(e) In the programs involving the allotment of space by GSA to
Federal Credit Unions, without charge for rent or services, and the
provision of free space and utilities for vending stands operated by
blind persons (Sec. 101-6.217 (i) and (k)), discrimination by
segregation or otherwise in providing benefits or services is
prohibited.
(f) In the program involving grants to State and local agencies and
to nonprofit organizations and institutions for the collecting,
describing, preserving, and compiling and publishing of documentary
sources significant to the history of the United States (Sec. 101-
6.217(n)), discrimination by the recipient in the selection of students
or other participants in the program, and, with respect to educational
institutions, in the admission or treatment of students, is prohibited.
(g) In the program involving the transfer of surplus real property
for use in the provision of rental or cooperative housing to families or
individuals of low or moderate income (Sec. 101-6.217(q)),
discrimination in the selection and assignment of tenants is prohibited.
(h) A recipient may not take action that is calculated to bring
about indirectly what this subpart forbids it to accomplish directly.
(i) In some situations even though past discriminatory practices
have been abandoned, the consequences of such practices continue to
impede the full availability of a benefit. If the efforts required of
the applicant or recipient under Sec. 101-6.209-4 to provide information
as to the availability of the program or activity and the rights of
beneficiaries under this subpart have failed to overcome these
consequences, it will become necessary for such applicant or recipient
to take additional
[[Page 38]]
steps to make the benefits fully available to racial and nationality
groups previously subjected to discrimination. This action might take
the form, for example, of special arrangements for obtaining referrals
or making selections which will ensure that groups previously subjected
to discrimination are adequately served.
(j) Even though an applicant or recipient has never used
discriminatory policies, the services and benefits of the program or
activity it administers may not in fact be equally available to some
racial or nationality groups. In such circumstances, an applicant or
recipient may properly give special consideration to race, color, or
national origin to make the benefits of its program more widely
available to such groups not then being adequately served. For example,
where a university is not adequately serving members of a particular
racial or nationality group, it may establish special recruitment
policies to make its program better known and more readily available to
such group, and take other steps to provide that group with more
adequate service.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]
Secs. 101-6.207--101-6.208 [Reserved]
Sec. 101-6.209 Compliance information.
Sec. 101-6.209-1 Cooperation and assistance.
Each responsible GSA official shall to the fullest extent
practicable seek the cooperation of recipients in obtaining compliance
with this subpart 101-6.2 and shall provide assistance and guidance to
recipients to help them comply voluntarily with this subpart.
Sec. 101-6.209-2 Compliance reports.
Each recipient shall keep such records and submit to the responsible
GSA official or his designee timely, complete and accurate compliance
reports at such times, and in such form and containing such information,
as the responsible GSA official or his designee may determine to be
necessary to enable him to ascertain whether the recipient has complied
or is complying with this subpart 101-6.2. In the case of any program
under which a primary recipient extends Federal financial assistance to
any other recipient, such other recipient shall also submit such
compliance reports to the primary recipient as may be necessary to
enable the primary recipient to carry out its obligations under this
subpart.
Sec. 101-6.209-3 Access to sources of information.
Each recipient shall permit access by the responsible GSA official
or his designee during normal business hours to such of its books,
records, accounts, and other sources of information, and its facilities
as may be pertinent to ascertain compliance with this subpart. Where any
information required of a recipient is in the exclusive possession of
any other agency, institution or person and this agency, institution or
person shall fail or refuse to furnish this information, the recipient
shall so certify in its report and shall set forth what efforts it has
made to obtain the information.
Sec. 101-6.209-4 Information to beneficiaries and participants.
Each recipient shall make available to participants, beneficiaries,
and other interested persons such information regarding the provisions
of this subpart 101-6.2 and its applicability to the program under which
the recipient receives Federal financial assistance, and make such
information available to them in such manner, as the responsible GSA
official finds necessary to apprise such persons of the protections
against discrimination assured them by the Act and this subpart 101-6.2.
Sec. 101-6.210 Conduct of investigations.
Sec. 101-6.210-1 Periodic compliance reviews.
The responsible GSA official or his designee shall from time to time
review the practices of recipients to determine whether they are
complying with this regulation.
Sec. 101-6.210-2 Complaints.
Any person who believes himself or any specific class of individuals
to be subjected to discrimination prohibited by this subpart 101-6.2 may
by himself
[[Page 39]]
or by a representative file with the responsible GSA official or his
designee a written complaint. A complaint must be filed not later than
90 days from the date of the alleged discrimination, unless the time for
filing is extended by the responsible GSA official or his designee.
Sec. 101-6.210-3 Investigations.
The responsible GSA official or his designee will make a prompt
investigation whenever a compliance review, report, complaint, or any
other information indicates a possible failure to comply with this
subpart 101-6.2. The investigation should include, where appropriate, a
review of the pertinent practices and policies of the recipient, the
circumstances under which the possible noncompliance with this subpart
occurred, and other factors relevant to a determination as to whether
the recipient has failed to comply with this subpart.
Sec. 101-6.210-4 Resolution of matters.
(a) If an investigation pursuant to Sec. 101-6.210-3 indicates a
failure to comply with this subpart 101-6.2, the responsible GSA
official or his designee will so inform the recipient and the matter
will be resolved by informal means whenever possible. If it has been
determined that the matter cannot be resolved by informal means, action
will be taken as provided for in Sec. 101-6.211.
(b) If an investigation does not warrant action pursuant to
paragraph (a) of this section the responsible GSA official or his
designee will so inform the recipient and the complainant, if any, in
writing.
Sec. 101-6.210-5 Intimidatory or retaliatory acts prohibited.
No recipient or other person shall intimidate, threaten, coerce, or
discriminate against any individual for the purpose of interfering with
any right or privilege secured by section 601 of the Act or this subpart
101-6.2, or because he has made a complaint, testified, assisted or
participated in any manner in an investigation, proceeding, or hearing
under this subpart. The identity of complainants shall be kept
confidential except to the extent necessary to carry out the purposes of
this subpart, including the conduct of any investigation, hearing, or
judicial proceeding arising thereunder.
Sec. 101-6.211 Procedure for effecting compliance.
Sec. 101-6.211-1 General.
If there appears to be a failure or threatened failure to comply
with this subpart 101-6.2, and if the noncompliance or threatened
noncompliance cannot be corrected by informal means, compliance with
this subpart may be effected by the suspension or termination of or
refusal to grant or to continue Federal financial assistance or by any
other means authorized by law. Such other means may include, but are not
limited to, (a) a reference 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 Act), or any assurance or other
contractual undertaking, and (b) any applicable proceeding under State
or local law.
Sec. 101-6.211-2 Noncompliance with Sec. 101-6.205.
If an applicant fails or refuses to furnish an assurance required
under Sec. 101-6.205 or otherwise fails or refuses to comply with a
requirement imposed by or pursuant to that section Federal financial
assistance may be refused in accordance with the procedures of Sec. 101-
6.211-3. The GSA shall not be requried to provide assistance in such a
case during the pendency of the administrative proceedings under
Sec. 101-6.211-3 except that GSA shall continue assistance during the
pendency of such proceedings where such assistance is due and payable
pursuant to an application therefor approved prior to the effective date
of this subpart 101-6.2.
Sec. 101-6.211-3 Termination of or refusal to grant or to continue
Federal financial assistance.
No order suspending, terminating or refusing to grant or continue
Federal financial assistance shall become effective until (a) the
responsible GSA official has advised the applicant or recipient of his
failure to comply and has determined that compliance cannot be
[[Page 40]]
secured by voluntary means, (b) 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
subpart 101-6.2, (c) the action has been approved by the Administrator
pursuant to Sec. 101-6.213-5, and (d) the expiration of 30 days after
the Administrator 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. 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.
Sec. 101-6.211-4 Other means authorized by law.
No action to effect compliance by an other means authorized by law
shall be taken until (a) the responsible GSA official has determined
that compliance cannot be secured by voluntary means, (b) the recipient
or other person has been notified of his failure to comply and of the
action to be taken to effect compliance, and (c) 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 this
subpart and to take such corrective action as may be appropriate.
[38 FR 17974, July 5, 1973]
Sec. 101-6.212 Hearings.
Sec. 101-6.212-1 Opportunity for hearing.
Whenever an opportunity for a hearing is required by Sec. 101-6.211-
3, reasonable notice shall be given by registered or certified mail,
return receipt requested, to the affected applicant or recipient. This
notice shall advise the applicant or recipient of the action proposed to
be taken, the specific provision under which the proposed action against
it is to be taken, and the matters of fact or law asserted as the basis
for this action, and either:
(a) Fix a date not less than 20 days after the date of such notice
within which the applicant or recipient may request of the responsible
GSA official that the matter be scheduled for hearing, or (b) advise the
applicant or recipient that the matter in question has been set down 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 section 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 the Act and Sec. 101-6.211-3, and consent
to the making of a decision on the basis of such information as is
available.
(b) [Reserved]
Sec. 101-6.212-2 Time and place of hearing.
Hearings shall be held, at a time fixed by the responsible GSA
official, at the offices of GSA in Washington, DC, unless such official
determines that the convenience of the applicant or recipient or of GSA
requires that another place be selected. Hearings shall be held before
the responsible GSA official or, at his discretion, before a hearing
examiner designated in accordance with 5 U.S.C. 3105 or 3344 (section 11
of the Administrative Procedure Act).
[38 FR 17974, July 5, 1973]
Sec. 101-6.212-3 Right to counsel.
In all proceedings under this Sec. 101-6.212 the applicant or
recipient and GSA shall have the right to be represented by counsel.
Sec. 101-6.212-4 Procedures, evidence, and record.
(a) The hearing, decision, and any administrative review thereof
shall be conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of
the Administrative Procedure Act) and in accordance
[[Page 41]]
with such rules of procedure as are proper (and not inconsistent with
this section) relating to the conduct of the hearing, giving of notices
subsequent to those provided for in Sec. 101-6.212-1, taking of
testimony, exhibits, arguments and briefs, requests for findings, and
other related matters. Both GSA and the applicant or recipient shall be
entitled to introduce all relevant evidence on the issues as stated in
the notice for hearing or as deterined by the officer conducting the
hearing at the outset of or during the hearing.
(b) Technical rules of evidence shall not apply to hearings
conducted pursuant to this subpart 101-6.2, 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 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.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]
Sec. 101-6.212-5 Consolidated or joint hearings.
In cases in which the same or related facts are asserted to
constitute noncompliance with this subpart 101-6.2 with respect to two
or more programs to which this subpart applies, or noncompliance with
this subpart and the regulations of one or more other Federal
departments or agencies issued under title VI of the Act, the
Administrator may, by agreement with such other departments, or
agencies, where applicable, provide for the conduct of consolidated or
joint hearings, and for the application to such hearings of rules of
procedure not inconsistent with this regulation. Final decisions in such
cases, insofar as this subpart is concerned, shall be made in accordance
with Sec. 101-6.213.
Sec. 101-6.213 Decisions and notices.
Sec. 101-6.213-1 Decision by person other than the responsible GSA
official.
If the hearing is held by a hearing examiner such hearing examiner
shall either make an initial decision, if so authorized, or certify the
entire record including his recommended findings and proposed decision
to the responsible GSA official for a final decision, and a copy of such
initial decision or certification shall be mailed to the applicant or
recipient. Where the initial decision is made by the hearing examiner
the applicant or recipient may within 30 days of the mailing of such
notice of initial decision file with the responsible GSA official his
exceptions to the initial decision, with his reasons therefor. In the
absence of exceptions, the responsible GSA official may on his own
motion within 45 days after the initial decision serve on the applicant
or recipient a notice that he will review the decision. Upon the filing
of such exceptions or of such notice of review the responsible GSA
official shall review the initial decision and issue his own decision
thereon including the reasons therefor. In the absence of either
exceptions or a notice of review the initial decision shall constitute
the final decision of the responsible GSA official.
Sec. 101-6.213-2 Decisions on record or review by the responsible GSA
official.
Whenever a record is certified to the responsible GSA official for
decision or he reviews the decision of a hearing examiner pursuant to
Sec. 101-6.213-1, or whenever the responsible GSA official conducts the
hearing, the applicant or recipient shall be given reasonable
opportunity to file with him briefs or other written statements of its
contentions, and a copy of the final decision of the responsible GSA
official shall be given in writing to the applicant or recipient, and to
the complainant, if any.
Sec. 101-6.213-3 Decisions on record where a hearing is waived.
Whenever a hearing is waived pursuant to Sec. 101-6.212 a decision
shall be
[[Page 42]]
made by the responsible GSA official on the record and a copy of such
decision shall be given in writing to the applicant or recipient, and to
the complainant, if any.
Sec. 101-6.213-4 Rulings required.
Each decision of a hearing officer or responsible GSA official shall
set forth his ruling on each finding, conclusion, or exception
presented, and shall identify the requirement or requirements imposed by
or pursuant to this subpart 101-6.2 with which it is found that the
applicant or recipient has failed to comply.
Sec. 101-6.213-5 Approval by Administrator.
Any final decision of a responsible GSA official (other than the
Administrator) which provides for the suspension or termination of, or
the refusal to grant or continue Federal financial assistance, or the
imposition of any other sanction available under this subpart 101-6.2 or
the Act, shall promptly be transmitted to the Administrator, who may
approve such decision, may vacate it, or remit or mitigate any sanction
imposed.
Sec. 101-6.213-6 Content of orders.
The final decision may provide for suspension or termination of, or
refusal to grant or continue Federal financial assistance, in whole or
in part, under the program involved, and may contain such terms,
conditions, and other provisions as are consistent with and will
effectuate the purposes of the Act and this subpart 101-6.2, including
provisions designed to assure that no Federal financial assistance will
thereafter be extended under such program to the applicant or recipient
determined by such decision to be in default in its perfomrance of an
assurance given by it pursuant to this subpart, or to have otherwise
failed to comply with this subpart, unless and until it corrects its
noncompliance and satisfies the responsible GSA official that it will
fully comply with this subpart.
Sec. 101-6.213-7 Post termination proceedings.
(a) An applicant or recipient adversely affected by an order issued
under Sec. 101-6.213-6 shall be restored to full eligibility to receive
Federal financial assistance if it satisfies the terms and conditions of
that order for such eligibility or if it brings itself into compliance
with this subpart and provides reasonable assurance that it will fully
comply with this subpart. An elementary or secondary school or school
system which is unable to file an assurance of compliance with Sec. 101-
6.24 shall be restored to full eligibility to receive financial
assistance if it files a court order or a plan for desegregation meeting
the requirements of Sec. 101-6.205-3 and provides reasonable assurance
that it will comply with this court order or plan.
(b) Any applicant or recipient adversely affected by an order
entered pursuant to Sec. 101-6.213-6 may at any time request the
responsible GSA 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 (a) of this section. If the responsible GSA
official determines that those requirements have been satisfied, he
shall restore such eligibility.
(c) If the responsible GSA official denies any such request, the
applicant or recipient may submit a request, in writing, for a hearing,
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
GSA official. The applicant or recipient will be restored to such
eligibilty if it proves at such a hearing that it satisfied the
requirements of paragraph (a) of this section. While proceedings under
this section are pending, the sanctions imposed by the order issued
under Sec. 101-6.213-6 shall remain in effect.
[38 FR 17975, July 5, 1973]
Sec. 101-6.214 Judicial review.
Action taken pursuant to section 602 of the Act is subject to
judicial review as provided in section 603 of the Act.
[[Page 43]]
Sec. 101-6.215 Effect on other regulations; forms and instructions.
Sec. 101-6.215-1 Effect on other regulations.
All regulations, orders, or like directions heretofore issued by any
officer of GSA which imposed requirements designed to prohibit any
discrimination against individuals on the ground of race, color, or
national origin under any program to which this subpart 101-6.2 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 subpart, except that nothing in
this subpart 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
subpart. Nothing in this subpart, however, shall be deemed to supersede
any of the following (including future amendments thereof):
(a) Executive Orders 10925, 11114, and 11246, and regulations issued
thereunder.
(b) 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 subpart is inapplicable, or prohibit discrimination on any
other ground.
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]
Sec. 101-6.215-2 Forms and instructions.
Each responsible GSA official shall issue and promptly make
available to interested persons forms and detailed instructions and
procedures for effectuating this subpart 101-6.2 as applied to programs
to which this subpart applies and for which he is responsible.
Sec. 101-6.215-3 Supervision and coordination.
The Administrator may from time to time assign 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 subpart
(other than responsibility for final decision as provided in Sec. 101-
6.213), including the achievement of effective coordination and maximum
uniformity within GSA and within the executive branch of the Government
in the application of title VI and this subpart to similar programs and
in similar situations. Any action taken, determination made, or
requirement imposed by an official of another Department or Agency
acting pursuant to an assignment of responsibility under this section
shall have the same effect as though such action had been taken by the
responsible GSA official.
[38 FR 17975, July 5, 1973]
Sec. 101-6.216 Definitions.
As used in this subpart:
(a) The term General Services Administration or GSA includes each of
its operating services and other organizational units.
(b) The term Administrator means the Administrator of General
Services.
(c) The term responsible GSA official with respect to any program
receiving Federal financial assistance means the Administrator or other
official of GSA who by law or by delegation has the principal
responsibility within GSA for the administration of the law extending
such assistance.
(d) 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 terms State means any one of
the foregoing.
(e) 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 purposes of assisting the
recipient, or in recognition
[[Page 44]]
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.
(f) 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.
(g) 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.
(h) 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 any 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.
(i) 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.
(j) The term applicant means one who submits an application,
request, or plan required to be approved by a responsible GSA 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.
Sec. 101-6.217 Laws authorizing Federal financial assistance for
programs to which this subpart applies.
(a)(1) Donation of surplus personal property to educational
activities which are of special interest to the armed services (section
203(j)(2) of the Federal Property and Administrative Services Act of
1949, 40 U.S.C. 484(j)(2)).
(2) Donation of surplus personal property for use in any State for
purposes of education, public health, or civil defense, or for research
for any such purposes (section 203(j) (3) and (4) of the Federal
Property and Administrative Services Act of 1949, 40 U.S.C. 484(j) (3)
and (4)), and the making available to State agencies for surplus
property, or the transfer of title to such agencies, of surplus personal
property approved for donation for purposes of education, public health,
or civil defense, or for research for any such purposes (section 203(n)
of the Federal Property and Administrative Services Act of 1949, 40
U.S.C. 484(n)).
(b) Disposal of surplus real and related personal property for
purposes of education or public health, including research (section
203(k)(1) of the Federal Property and Administrative Services Act of
1949, 40 U.S.C. 484(k)(1)).
(c) Donation of property for public airport purposes (section 13(g)
of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(g); section 23
of the Airport and Airway Development Act of 1970, Pub. L. 91-258).
(d)(1) Disposal of surplus real property, including improvements,
for use as a historic monument (section 13(h) of the Surplus Property
Act of 1944, 50 U.S.C. App. 1622(h)).
[[Page 45]]
(2) Disposal of surplus real and related personal property for
public park or public recreational purposes (section 203(k)(2) of the
Federal Property and Administrative Services Act of 1949, 40 U.S.C.
484(k)(2).
(e) Disposal of real property to States for wildlife conservation
purposes (Act of May 19, 1948, 16 U.S.C. 667b-d).
(f) Donation of personal property to public bodies (section 202(h)
of the Federal Property and Administrative Services Act of 1949, 40
U.S.C. 483(h)).
(g) Grants of easements by the General Services Administration
pursuant to the Act of October 23, 1962, (40 U.S.C. 319-319(c), and
grants by the General Services Administration of revocable licenses or
permits to use or occupy Federal real property, if the consideration to
the Government for such easement, licenses, or permits is less than
estimated fair market value.
(h) Conveyance of real property or interests therein by the General
Services Administration to States or political subdivisions for street
widening purposes pursuant to the Act of July 7, 1960 (40 U.S.C. 345c),
if the consideration to the Government is less than estimated fair
market value.
(i) Allotment of space by the General Services Administration in
Federal buildings to Federal Credit Unions, without charge for rent or
services (section 25 of the Federal Credit Union Act, 12 U.S.C. 1770).
(j) Donation of surplus property to the American National Red Cross
(section 203(l) of the Federal Property and Administrative Services Act
of 1949, 40 U.S.C. 484(l)).
(k) Provision by the General Services Administration of free space
and utilities for vending stands operated by blind persons (section 1 of
the Randolph-Sheppard Act, 20 U.S.C. 107).
(l) Donation of forfeited distilled spirits, wine, and malt
beverages to eleemosynary institutions (26 U.S.C. 5688).
(m) Donation of surplus Federal records (Federal Records Disposal
Act of 1943, 44 U.S.C. 366-380).
(n) Grants to State and local agencies and to nonprofit
organizations and institutions for the collecting, describing,
preserving and compiling, and publishing of documentary sources
significant to the history of the United States (section 503 of the
Federal Property and Administrative Services Act of 1949, as amended by
Pub. L. 88-383).
(o) Loan of machine tools and industrial manufacturing equipment in
the national industrial reserve to nonprofit educational institutions or
training schools (section 7 of the National Industrial Reserve Act of
1948, 50 U.S.C. 456).
(p) District of Columbia grant-in-aid hospital program (60 Stat.
896, as amended).
(q) Disposal of surplus real property for use in the provision of
rental or cooperative housing to be occupied by families or individuals
of low or moderate income (section 414 of the Housing and Urban
Development Act of 1969, Pub. L. 91-152).
(r) Payments in lieu of taxes on certain real property transferred
from the Reconstruction Finance Corporation (Title VII of the Federal
Property and Administrative Services Act of 1949, 40 U.S.C. 521-524).
(s) Conveyance of certain lands and property to the State of Hawaii
without reimbursement (Pub. L. 88-233, 77 Stat. 472).
[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]
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