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(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 (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]

101-6.204 Discrimination prohibited.

$ 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.

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 $ 101-6.204-2(Q). The fact that a statute which authorizes GSA to extend Federal financial assistance to a program or activity is not listed in $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 (§ 101-6.217 (a)(2) and (b)). (2) Department of Defense

donation of surplus personal property for purposes of civil defense (8 101-6.217(a)(2)).

(3) Department of Transportationdonation of property for public airport purposes ($ 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 ($101-6.217(a) (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.

8 101-6.204-2 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

requirement or condition which indi- criminatory practice or usage tends, on viduals must meet in order to be pro- the ground of race, color, or national vided any service, financial aid, or origin, to exclude individuals from parother benefit provided under the pro- ticipation in, to deny them the benefits gram;

of, or to subject them to discrimina(vi) Deny an individual an oppor- tion under any program or activity to tunity to participate in the program which this subpart applies, the applithrough the provision of services or cant or recipient has an obligation to otherwise, or afford him an oppor- take reasonable action to remove or tunity to do so which is different from overcome the consequences of the prior that afforded others under the program discriminatory practice or usage, and (including the opportunity to partici- to accomplish the purposes of the Act. pate in the program as an employee (b) As used in this $101-6.204–2 the but only to the extent set forth in services, financial aid, or other beneparagraph (d) of this $101–6.204–2).

fits provided under a program receiving (2) A recipient, in determining the Federal financial assistance shall be types of services, financial aid, or other deemed to include any service, finanbenefits, or facilities which will be pro- cial aid, or other benefit provided in or vided under any such program, or the through a facility provided with the class of individuals to whom, or the sit- aid of Federal financial assistance. uations in which, such services, finan- (c) The enumeration of specific forms cial aid, other benefits, or facilities of prohibited discrimination in this will be provided under any such pro- $ 101-6.204–2 does not limit the generalgram, or the class of individuals to be

ity of the porhibition in § 101-6.204-1. afforded an opportunity to participate (d)(1) Where a primary objective of in any such program, may not, directly the Federal financial assistance to a or through contractual or other ar- program to which this subpart applies rangements, utilize criteria or methods is to provide employment, a recipient of administration which have the effect may not, directly or through contracof subjecting individuals to discrimina- tual or other arrangements, subject an tion because of their race, color, or na- individual to discrimination on the tional origin, or have the effect of de- ground of race, color, or national orifeating or substantially impairing ac- gin in its employment practices under complishment of the objectives of the such program (including, but not limprogram as respect individuals of a par- ited to, recruitment or recruitment adticular race, color, or national origin. vertising; employment; layoff or termi

(3) In determining the site or loca- nation; upgrading, demotion, or transtion of facilities, an applicant or recip- fer; rates of pay or other forms of comient may not make selections with the pensation; selection for training, inpurpose or effect of excluding individ- cluding apprenticeship; and use of fauals from, denying them the benefits cilities). The requirements applicable of, or subjecting them to discrimina- to construction employment under any tion under any program to which this such program shall be those specified subpart applies, on the ground of race, in or pursuant to part III of Executive color, or national origin or with the Order 11246 or the corresponding provipurpose or effect of defeating or sub- sions of any Executive order which sustantially impairing the accomplish- persedes it. ment of the objectives of the Act or (2) Where a primary objective of the this subpart.

Federal financial assistance is not to (4) This subpart does not prohibit the provide employment, but discriminaconsideration of race, color, or na- tion on the ground of race, color, or national origin if the purpose and effect tional origin in the employment pracare to remove or overcome the con- tices of the recipient or other persons sequences of practices or impediments subject to this subpart tends, on the which have restricted the availability ground of race, color, or national oriof, or participation in, the program or gin, to exclude individuals from paractivity receiving Federal financial as- ticipation in, to deny them the benefits sistance, on the ground of race, color, of, or to subject them to discriminaor national origin. Where previous dis- tion under any program to which this

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]

8 101-6.204-3 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.

8 101–6.205 Assurances required.

8 101-6.205–1 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 $ 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 prop erty 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

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

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

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 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.

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.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]

[blocks in formation]

8 101-6.205–2 Continuing State pro

grams. 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]

8 101–6.205–3 Elementary and second

ary schools.

(a) In the case of any application for Federal financial assistance to an institution of higher education, the assurance required by this $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,

The requirements of 88 101-6.205–1 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,

the assurance required under this $ 101– 6.205 shall be applicable to the entire installation or facility.

ynary institutions (§ 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 $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 ($ 101-6.217 (i) and (k)), discrimination by segregation or otherwise in providing benefits or services is prohibited.

(1) In the program involving grants to

8 101-6.206 Hlustrative 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 ($ 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 (101–6.217(0)), 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 $ 101-6.2054. In the case of elementary or secondary schools, the prohibition applies to all elementary and secondary schools of the recipient school district, consistent with $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 ($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 eleemos

or

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 ($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 moderate income (§ 1016.217(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 recip ient under $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

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