as such Order or issuances prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground. § 300.14 Implementation. The Secretary of each Military Department shall submit regulations implementing this part to the Assistant Secretary of Defense (Manpower). APPENDIX A-PROGRAMS TO WHICH THIS PART APPLIES 1. The Army and Air National Guard (Title 32, United States Code). 2. Various programs involving loan or other disposition of surplus property (various general and specialized statutory provisions including: 40 United States Code 483, 484, 512; 49 United States Code 1101-1119; 10 United States Code 2541, 2542, 2543, 2572, 2662, 7308, 7541, 7542, 7545, 7546, 7547). 3. National Program for Promotion of Rifle Practice (10 United States Code 4307 and annual Department of Defense Appropriation Act). 4. National Defense Cadet Corps Program (10 United States Code 3540(b), 4651). 5. Office of Civil Defense assistance to programs of adult education in civil defense subjects (50 United States Code App. 2281 (e), (f)). 6. Office of Civil Defense radiological instruments grants (50 United States Code App. 2281(h)). 7. Office of Civil Defense program (with Public Health Service) for development of instructional materials on medical self-help (50 United States Code App. 2281 (e), (f)). 8. Office of Civil Defense university extension programs for civil defense instructor training (50 United States Code App. 2281 (e)). 9. Office of Civil Defense programs for survival supplies and equipment, survival training, emergency operating center construction, and personnel and administrative expenses (50 United States Code App. 2281(i), 2285). 10. Office of Civil Defense Shelter Provisioning Program (50 United States Code App. 2281(h)). 11. Office of Civil Defense assistance to students attending Office of Civil Defense schools (50 United States Code App. 2281(e)). 12. Office of Civil Defense loans of equipment or materials from OCD stockpiles for civil defense, including local disaster purposes (50 United States Code App. 2281). 14. Civil Air Patrol (10 United States Code 9441). 15. Research grants made under the authority of Pub. L. 85-934 (42 United States Code 1892). 16. Contracts with nonprofit institutions of higher education or with nonprofit organizations whose primary purpose is the conduct of scientific research, wherein title to equipment purchased with funds under such contracts may be vested in such tutions or organizations under the auth of Pub. L. 85-934 (42 United States 1891). 17. Army Corps of Engineers particip in cooperative investigations and st concerning erosion of shores of coastal lake waters (33 United States Code 426), 18. Army Corps of Engineers assistan the construction of works for the rest tion and protection of shores and bea (33 United States Code 426e-h). 19. Public park and recreational facilities at water resource development projects under the administrative jurisdiction of the Department of the Army (16 United States Code 460d and Federal Water Project Recreation Act, Pub. L. 89-72, 79 Stat. 218, July 9, 1965). 20. Payment to States of proceeds of lands acquired by the United States for flood control, navigation, and allied purposes (33 United States Code 701-c-3). 21. Grants of easements without consideration, or at a nominal or reduced consideration, on lands under the control of the Department of the Army at water resource development projects (33 United States Code 558c and 702d-1; 10 United States Code 2668 and 2669); 43 United States Code 961; 40 United States Code 319). 22. Army Corps of Engineers assistance in the construction of small boat harbor projects (33 United States Code 540 and 577, and 47 Stat. 42, Feb. 10, 1932). 23. Emergency bank protection works constructed by the Army Corps of Engineers for protection of highways, bridge approaches, and public works (33 United States Code 701r). 24. Assistance to States and local interests in the development of water supplies for municipal and industrial purposes in connection with Army Corps of Engineers reservoir projects (Water Supply Act of 1958, 43 United States Code 390b). 25. Army Corps of Engineers contracts for remedial works under authority of section 111 of Act of July 3, 1958 (33 United States Code 633). [29 FR 19291, Dec. 31, 1964, as amended at 31 FR 6831, May 7, 1966] the imposition of any other sanction available under this part or the Act, shall promptly be transmitted to the Secretary of Defense, who may approve such decision, may vacate it, or remit or mitigate any sanction imposed. (f) Contents 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 part, 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 performance of an assurance given by it pursuant to this part, or to have otherwise failed to comply with this part, unless and until it corrects its noncompliance and satisfies the responsible Department official that it will fully comply with this part. (g) Post-termination proceedings. (1) An applicant or recipient adversely affected by an order issued under paragraph (f) of this section 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 part and provides reasonable assurance that it will fully comply with this part. (2) Any applicant or recipient adversely affected by an order entered pursuant to paragraph (f) of this section may at any time request the responsible Department official to restore fully its eligibility to receive Federal financial assistance. Any such request shall be supported by information showing that the applicant or recipient has met the requirements of paragraph (g)(1) of this section. If the responsible Department official determines that those requirements have been satisfied, he shall restore such eligibility. (3) If the responsible Department official denies any such request, the applicant or recipient may submit a request for a hearing in writing, specifying why it believes such official to have been in error. It shall thereupon be given an expeditious hearing, with a decision on the record, in accordance with rules of procedure issued by the responsible Department official. The applicant or recipient will be restored to such eligibility if it proves at such a hearing that it satisfied the requirements of paragraph (g)(1) of this section. While proceedings under this subsection are pending, the sanctions imposed by the order issued under paragraph (f) of this section shall remain in effect. [29 FR 19291, Dec. 31, 1964, as amended at 38 FR 17960, July 5, 1973] § 300.12 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. § 300.13 Effect on other issuances. All issuances heretofore issued by any officer of the Department of Defense or its components which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this part 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 part, except that nothing in this part 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 part. Nothing in this part, however, shall be deemed to supersede any of the following (including future amendments thereof): (a) Executive Orders 10925 and 11114 and issuances thereunder, (b) the "Standards for a Merit System of Personnel Administration," issued jointly by the Secretaries of Defense, of Health, Education, and Welfare, and of Labor, 28 FR 734, or (c) Executive Order 11063 and issuances thereunder, or any other issuances, insofar as such Order or issuances prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground. § 300.14 Implementation. The Secretary of each Military Department shall submit regulations implementing this part to the Assistant Secretary of Defense (Manpower). APPENDIX A-PROGRAMS TO WHICH THIS PART APPLIES 1. The Army and Air National Guard (Title 32, United States Code). 2. Various programs involving loan or other disposition of surplus property (various general and specialized statutory provisions including: 40 United States Code 483, 484, 512; 49 United States Code 1101-1119; 10 United States Code 2541, 2542, 2543, 2572, 2662, 7308, 7541, 7542, 7545, 7546, 7547). 3. National Program for Promotion of Rifle Practice (10 United States Code 4307 and annual Department of Defense Appropriation Act). 4. National Defense Cadet Corps Program (10 United States Code 3540(b), 4651). 5. Office of Civil Defense assistance to programs of adult education in civil defense subjects (50 United States Code App. 2281 (e), (f)). 6. Office of Civil Defense radiological instruments grants (50 United States Code App. 2281(h)). 7. Office of Civil Defense program (with Public Health Service) for development of instructional materials on medical self-help (50 United States Code App. 2281 (e), (f)). 8. Office of Civil Defense university extension programs for civil defense instructor training (50 United States Code App. 2281 (e)). 9. Office of Civil Defense programs for survival supplies and equipment, survival training, emergency operating center construction, and personnel and administrative expenses (50 United States Code App. 2281(i), 2285). 10. Office of Civil Defense Shelter Provisioning Program (50 United States Code App. 2281(h)). 11. Office of Civil Defense assistance to students attending Office of Civil Defense schools (50 United States Code App. 2281(e)). 12. Office of Civil Defense loans of equipment or materials from OCD stockpiles for civil defense, including local disaster purposes (50 United States Code App. 2281). 14. Civil Air Patrol (10 United States Code 9441). 15. Research grants made under the authority of Pub. L. 85-934 (42 United States Code 1892). 16. Contracts with nonprofit institutions of higher education or with nonprofit organizations whose primary purpose is the conduct of scientific research, wherein title to equipment purchased with funds under such contracts may be vested in such institutions or organizations under the authority of Pub. L. 85-934 (42 United States Code 1891). 17. Army Corps of Engineers participation in cooperative investigations and studies concerning erosion of shores of coastal and lake waters (33 United States Code 426). 18. Army Corps of Engineers assistance in the construction of works for the restoration and protection of shores and beaches (33 United States Code 426e-h). 19. Public park and recreational facilities at water resource development projects under the administrative jurisdiction of the Department of the Army (16 United States Code 460d and Federal Water Project Recreation Act, Pub. L. 89-72, 79 Stat. 218, July 9, 1965). 20. Payment to States of proceeds of lands acquired by the United States for flood control, navigation, and allied purposes (33 United States Code 701-c-3). 21. Grants of easements without consideration, or at a nominal or reduced consideration, on lands under the control of the Department of the Army at water resource development projects (33 United States Code 558c and 702d-1; 10 United States Code 2668 and 2669); 43 United States Code 961; 40 United States Code 319). 22. Army Corps of Engineers assistance in the construction of small boat harbor projects (33 United States Code 540 and 577, and 47 Stat. 42, Feb. 10, 1932). 23. Emergency bank protection works constructed by the Army Corps of Engineers for protection of highways, bridge approaches, and public works (33 United States Code 701r). 24. Assistance to States and local interests in the development of water supplies for municipal and industrial purposes in connection with Army Corps of Engineers reservoir projects (Water Supply Act of 1958, 43 United States Code 390b). 25. Army Corps of Engineers contracts for remedial works under authority of section 111 of Act of July 3, 1958 (33 United States Code 633). [29 FR 19291, Dec. 31, 1964, as amended at 31 FR 6831, May 7, 1966] § 301.1 Reissuance and purpose. (a) This part is reissued to (1) revise the policies and procedures covering off-base housing and fair housing enforcement, (2) outline discrimination complaint inquiry/investigative procedures and hearing requirements, (3) update reporting requirements, and (4) emphasize liaison with other government (local, State, or Federal) agencies. (b) Incorporates the provisions of 32 CFR Part 191 relating to equal opportunity in off-base housing and fair housing enforcement. § 301.2 Applicability and scope. The provisions of this part apply to the Office of the Secretary of Defense, the Military Departments, the Defense Agencies, the Specified and Unified Commands, and other DoD activities (hereinafter referred to as "DoD Components") having members of the Armed Forces assigned. DoD civilian employees (as defined in § 301.6) will be offered the same services that members of the Armed Forces receive. § 301.3 Objectives and policies. 32 CFR Part 191 establishes the policy that the Department of Defense is fully committed to the goal of obtaining equal treatment for all DOD personnel. Specific guidance with respect to off-base housing and fair housing enforcement is as follows: (a) National housing policy. Federal legislation prohibits discrimination in housing in the United States against any person because of race, color, religion, sex, or national origin. (1) Title VIII of the Civil Rights Act of 1968 contains the fair housing provisions; outlines the responsibilities of the Secretary of Housing and Urban Development with regard to the Act; and requires all executive departments and agencies to administer housing and urban development programs and activities under their jurisdiction in a manner which will reflect "affirmatively" the furthering of the purposes to Title VIII. (2) Title IX of the Civil Rights Act of 1968 makes it a crime to willfully intimidate or interfere with any person by force or threat because of their activities in support of fair housing. (3) Title 42 U.S.C. 1982 states that all citizens shall have the same right as is enjoyed by white citizens to purchase, lease, sell, and convey real and personal property. (b) DoD fair housing policy. The Department of Defense intends that Federal fair housing legislation be supported and that DoD personnel have equal opportunity for available housing regardless of race, color, religion, sex, or national origin. (1) This policy includes the objective of eliminating discrimination against DoD personnel in off-base housing. This is not achieved simply by finding a place to live in a particular part of town or in a particular facility for a person from a minority group. (2) The intent is achieved when a person who meets the ordinary standards of character and financial responsibility is able to obtain off-base housing in the same manner as any other person anywhere in the area surrounding the installation, without suffering refusal and humiliation because of arbitrary discrimination based on race, color, religion, sex, or national origin. (i) The accomplishment of the objective shall not be hampered by requiring the submission of a formal complaint of discrimination. A suspected discriminatory act, with or without the filing of a formal complaint, is a valid basis for investigation and, if discrimination is substantiated, imposition of restrictive sanctions. (ii) Restrictive sanctions shall be imposed for a minimum of 180 days upon substantiation that discrimination was practiced by an agent. (iii) The fact that 42 U.S.C. 1982 and Pub. L. 90-284 may or may not provide a remedy in a given case of discrimination affecting DoD personnel does not relieve a commander of the responsibility to ensure equal treatment and equal opportunity for such personnel or to impose restrictive sanctions against the agent/facility when appropriate. (iv) An information program to apprise DoD personnel and the civilian community of the DoD policy and program for equal opportunity in off-base housing shall be developed at each installation. Local community resources, such as civil rights organizations, religious and service groups, and local information media should be used in support of this program. § 301.4 Responsibilities of commanders. Responsibilities of installation commanders are specified herein. Commanders shall: (a) Ensure nondiscrimination in referring DoD personnel to off-base housing facilities. (b) Continue efforts (as described in 32 CFR Parts 239a and 239b) to identify and solicit nondiscriminatory assurances for housing facilities within the commuting area which are considered to be suitable for occupancy by DoD personnel. (c) Ensure that an office and staff as required by 32 CFR Part 239b are available to advise DoD personnel concerning: (1) The procedures set forth in this part. (2) The application of 42 U.S.C. 1982 and Pub. L. 90-284 in specific situations. (3) The rights of individuals to pursue remedies through civilian channels, without recourse and in addition to the procedures prescribed herein including the right to: (i) Make a complaint directly to the Department of Housing and Urban Development (HUD) and/or to the Department of Justice (DOJ) in the United States. (ii) Bring a private civil action in any court of competent jurisdiction. (d) Periodically review off-base housing procedures and policies to ensure effectiveness and compliance with this (b) Area outside the United States. An area in which DoD personnel reside but which is not subject to U.S. laws or regulations. (c) Commander. The military or civilian head of any installation, organization or agency of the DoD who is assigned responsibility for the off-base housing program. (d) Commuting area. That area as defined in DoD Instruction 4165.45. (e) Complainant. A member of an Armed Force (or authorized dependent designated by the military member) or a civilian employee of the DoD (or authorized dependent designated by the civilian employee) who submits a complaint of discrimination. (f) Discrimination. An act, policy, or procedure that arbitrarily denied Filed as part of original. Copies may be obtained if needed from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120, Attention Code 301. |