[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-6.206]



[Page 37-39]

 

           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

 

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,



[[Page 38]]



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. 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.

    (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 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



[[Page 39]]



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]