[Code of Federal Regulations]
[Title 41, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR101-19.101-4]

[Page 98]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
 
PART 101-19--CONSTRUCTION AND ALTERATION OF PUBLIC BUILDINGS--Table of Contents
 
                        Subpart 101-19.1--General
 
Sec. 101-19.101-4  Affirmative action plan.

    (a) Prior to the announcement of a site selected contrary to the 
recommendation of HUD, the involved Federal agency, GSA, HUD, and the 
community in which the proposed site is located will utilize the items 
indicated in the report of the HUD Regional Administrator as a basis for 
developing a written Affirmative Action Plan. The Affirmative Action 
Plan will insure that an adequate supply of low- and moderate-income 
housing will be available on a nondiscriminatory basis, and that there 
is adequate transportation from housing to the site before the building 
or space is to be occupied or within a period of 6 months thereafter. 
Such a plan will also contain appropriate provisions designed 
affirmatively to further nondiscrimination in the sale and rental of 
housing on the basis of race, color, religion, or national origin. The 
Affirmative Action Plan will be prepared in accordance with section 9(g) 
of the HUD-GSA Memorandum of Understanding, and will include the 
following points:
    (1) The corrective actions specified by HUD under Sec. 101-19.101-
3(c).
    (2) Assurance of the relocating agency that, when the old and new 
facilities are within the same metropolitan area, transportation will be 
provided for their low- and moderate-income employees between the old 
facility or other suitable location and the new facility at the 
beginning and end of the scheduled workday until sufficient new housing 
is built accessible to the new facility, as provided in the affirmative 
action plan.
    (3) All agreements which constitute an Affirmative Action Plan will 
be set forth in writing and will be signed by the appropriate 
representatives of HUD, GSA, the Federal agency involved, community 
bodies and agencies, and other interests whose cooperation and/or 
participation will be necessary to fulfill the requirements of the plan.
    (b) The contents of the Affirmative Action Plan will be made public 
after the site selection decision has been made by GSA.
    (c) The HUD Regional Administrator shall be responsible for 
monitoring compliance with the written Affirmative Action Plan. In the 
event of noncompliance, HUD and GSA shall undertake appropriate action 
to secure compliance. The plan should provide for commitments from the 
community involved to initiate and carry out all feasible efforts to 
obtain a sufficient quantity of low- and moderate-income housing 
available to the agency's personnel on a nondiscriminatory basis with 
adequate access to the location of the building or space. It should 
include commitments by the local officials having the authority to 
remove obstacles to the provisions of such housing when such obstacles 
exist and to take effective steps to insure its provision. The plan 
should also set forth the steps proposed by the agency to develop and 
implement a counseling and referral service to seek out and assist 
personnel to obtain such housing. As part of any plan, during as well as 
after its development, HUD will give priority consideration to 
applications for assistance under its housing programs for the housing 
proposed to be provided in accordance with the plan.

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