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PART 1-NONDISCRIMINATION IN (d) The term United States means
the States of the United States, the
District of Columbia, Puerto Rico, the
Guam, Wake Island, the Canal Zone.
1.3 Application of Part 1.
and advances of Federal funds, (2) the
1.12 Effect on other regulations; forms and sideration or at a nominal consider-
ation, or at a consideration which is
AUTHORITY: Sec. 602, 78 Stat. 252, 42 public interest to be served by such
the recipient, or in recognition of the
sale or lease to the recipient, and (5)
The purpose of this part 1 is to ef-
insurance or guaranty.
(f) The term recipient means any
State, political subdivision of any
State, or instrumentality of any State
private agency, institution, organiza-
tion, or other entity, or any individual,
whom the Secretary may hereafter This part 1 applies to any program
or activity for which Federal financial
assistance is authorized under a law (iii) Subject a person to segregation administered by the Department, in- or separate treatment in any matter cluding any program or activity assist- related to his receipt of housing, aced under the statutes listed in appen- commodations, facilities, services, fidix A of this part 1. It applies to nancial aid, or other benefits under money paid, property transferred, or the program or activity; other Federal financial assistance ex- (iv) Restrict a person in any way in tended to any such program or activity access to such housing, accommodaon or after January 3, 1965. This part tions, facilities, services, financial aid, 1 does not apply to: (a) Any Federal fi- or other benefits, or in the enjoyment nancial assistance by way of insurance of any advantage or privilege enjoyed or guaranty contracts, (b) money paid, by others in connection with such property transferred, or other assist- housing, accommodations, facilities, ance extended to any such program or
services, financial aid, or other beneactivity before January 3, 1965, (c) any
fits under the program or activity; assistance to any person who is the ul- (v) Treat a person differently from timate beneficiary under any such pro
others in determining whether he satgram or activity, or (d) any employ. isfies any occupancy, admission, enment practice, under any such pro
rollment, eligibility, membership, or gram or activity, of any employer, em- other requirement or condition which ployment agency, or labor organiza- persons must meet in order to be protion, except to the extent described in
vided any housing, accommodations, $1.4(c). The fact that certain financial facilities, services, financial aid, or assistance is not listed in appendix A other benefits provided under the proshall not mean, if title VI of the Act is gram or activity; otherwise applicable, that such finan
(vi) Deny a person opportunity to cial assistance is not covered. Other fi- participate in the program or activity nancial assistance under statutes now
through the provision of services or in force or hereinafter enacted may be otherwise, or afford him an opportuniadded to this list by notice published ty to do so which is different from in the FEDERAL REGISTER.
that afforded others under the pro
gram or activity (including the oppor$ 1.4 Discrimination prohibited.
tunity to participate in the program or
activity as an employee but only to the (a) General No person in the United
extent set forth in paragraph (c) of States shall, on the ground of race,
this section). color, or national origin, be excluded
(vii) Deny a person the opportunity from participation in, be denied the
to participate as a member of a planbenefits of, or be otherwise subjected ning or advisory body which is an inteto discrimination under any program gral part of the program. or activity to which this part 1 applies.
(2)(i) A recipient, in determining the (b) Specific discriminatory actions types of housing, accommodations, faprohibited. (1) A recipient under any cilities, services, financial aid, or other program or activity to which this part benefits which will be provided under 1 applies may not, directly or through
any such program or activity, or the contractual or other arrangements, on class of persons to whom, or the situathe ground of race, color, or national tions in which, such housing, accomorigin:
modations, facilities, services, financial (1) Deny a person any housing, ac- aid, or other benefits will be provided commodations, facilities, services, fi- under any such program or activity, or nancial aid, or other benefits provided the class of persons to be afforded an under the program or activity;
opportunity to participate in any such (ii) Provide any housing, accommo- program or activity, may not, directly dations, facilities, services, financial or through contractual or other araid, or other benefits to a person rangements, utilize criteria or methods which are different, or are provided in of administration which have the a different manner, from those provid- effect of subjecting persons to discrimed to others under the program or ac- ination because of their race, color, or tivity;
national origin, or have the effect of
defeating or substantially impairing receiving Federal financial assistance accomplishment of the objectives of shall be deemed to include any housthe program or activity as respect to ing, accommodations, facilities, serv. persons of a particular race, color, or ices, financial aid, or other benefits national origin.
provided in or through a facility pro(ii) A recipient, in operating low-rent vided with the aid of Federal financial housing with Federal financial assist- assistance. ance under the United States Housing (5) The enumeration of specific Act of 1937, as amended (42 U.S.C. forms of prohibited discrimination in 1401 et seq.), shall assign eligible ap- paragraphs (b) and (c) of this section plicants to dwelling units in accord- does not limit the generality of the ance with a plan, duly adopted by the prohibition in paragraph (a) of this recipient and approved by the respon- section. sible Department official, providing (6)(i) In administering a program refor assignment on a community-wide
garding which the recipient has previ. basis in sequence based upon the date
ously discriminated against persons on and time the application is received,
the ground of race, color, or national the size or type of unit suitable, and
origin, the recipient must take affirms * factors affecting preference or priority ative action to overcome the effects of established by the recipient's regula
prior discrimination. tions, which are not inconsistent with
(ii) Even in the absence of such prior the objectives of title VI of the Civil
discrimination, a recipient in adminisRights Act of 1964 and this part 1.
tering a program should take affirma. The plan may allow an applicant to refuse a tendered vacancy for good
tive action to overcome the effects of
conditions which resulted in limiting cause without losing his standing on
participation by persons of a particu. the list but shall limit the number of
lar race, color, or national origin. refusals without cause as prescribed by the responsible Department offi. Where previous discriminatory praccial.
tice or usage tends, on the ground of (iii) The responsible Department of- race, color, or national origin, to exficial is authorized to prescribe and clude individuals from participation promulgate plans, exceptions, proce- in, to deny them the benefits of, or to dures, and requirements for the as- subject them to discrimination under signment and reassignment of eligible any program or activity to which this applicants and tenants consistent with part 1 applies, the applicant or recipithe purpose of paragraph (b)(2)(ii) of ent has an obligation to take reasonathis section, this part 1, and title VI of ble action to remove or overcome the the Civil Rights Act of 1964, in order consequences of the prior discriminato effectuate and insure compliance tory practice or usage, and to accomwith the requirements imposed there- plish the purpose of the Act. under.
(c) Employment practices. (1) Where (3) In determining the site or loca- a primary objective of the Federal fition of housing, accommodations, or nancial assistance to a program or acfacilities, an applicant or recipient tivity to which this part 1 applies is to may not make selections with the pur- provide employment, a recipient may pose or effect of excluding individuals not, directly or through contractual or from, denying them the benefits of, or other arrangements, subject a person subjecting them to discrimination to discrimination on the ground of under any program to which this part
race, color, or national origin in its em 1 applies, on the ground of race, color, ployment practices under such proor national origin; or with the purpose gram or activity (including recruitor effect of defeating or substantially ment or recruitment advertising, em impairing the accomplishment of the ployment, layoff, termination, upgradobjectives of the Act or this part 1. ing, demotion, transfer, rates of pay or
(4) As used in this part 1 the hous- other forms of compensation and use ing, accommodations, facilities, serv- of facilities). The requirements appliices, financial aid, or other benefits cable to construction employment provided under a program or activity under such program or activity shall
be those specified in or pursuant to or possession of the property, which. part III of Executive Order 11246 or ever is longer. In all other cases the asany executive order which supersedes surance shall obligate the recipient for or amends it.
the period during which Federal fi(2) Where a primary objective of the nancial assistance is extended pursu. Federal financial assistance is not to ant to the contract or application. The provide employment, but discrimina- responsible Department official shall tion on the ground of race, color, or specify the form of the foregoing asnational origin in the employment surance for such program or activity, practices of the recipient or other per- and the extent to which like assursons subject to this part 1 tends, on ances will be required of subgrantees, the ground of race, color, or national contractors and subcontractors, transorigin, to exclude individuals from par- ferees, successors in interest, and ticipation in, to deny them the bene- other participants in the program or fits of, or to subject them to discrimi- activity. Any such assurance shall innation under any program to which clude provisions which give the United this part 1 applies, the provisions of States a right to seek its judicial enthis paragraph (c) shall apply to the forcement. employment practices of the recipient (2) In the case of real property, or other persons subject to this part 1 structures or improvements thereon, to the extent necessary to assure or interests therein, acquired through equality of opportunity to, and nondis- a program of Federal financial assistcriminatory treatment of, benefici- ance the instrument effecting any disaries.
position by the recipient of such real
property, structures or improvements $ 1.5 Assurances required.
thereon, or interests therein, shall (a) General. (1) Every contract for contain a covenant running with the Federal financial assistance to carry land assuring nondiscrimination for out a program or activity to which this the period during which the real proppart 1 applies, executed on or after erty is used for a purpose for which January 3, 1965, and every application the Federal financial assistance is exfor such Federal financial assistance tended or for another purpose involvsubmitted on or after January 3, 1965, ing the provision of similar services or shall, as a condition to its approval benefits. In the case where Federal fiand the extension of any Federal fi- nancial assistance is provided in the nancial assistance pursuant to such form of a transfer of real property or contract or application, contain or be interests therein from the Federal accompanied by an assurance that the Government, the instrument effecting program or activity will be conducted or recording the transfer shall contain and the housing, accommodations, fa- such a covenant. cilities, services, financial aid, or other (3) In program receiving Federal fi. benefits to be provided will be operat- nancial assistance in the form, or for ed and administered in compliance the acquisition, of real property or an with all requirements imposed by or interest in real property, to the extent pursuant to this part 1. In the case of that rights to space on, over, or under a contract or application where the any such property are included as part Federal financial assistance is to pro- of the program receiving such assistvide or is in the form of personal prop- ance, the nondiscrimination requireerty or real property or interest there. ments of this part 1 shall extend to in or structures thereon, the assurance any facility located wholly or in part shall obligate the recipient or, in the in such space. case of a subsequent transfer, the (b) Preexisting contracts-funds not transferee, for the period during disbursed. In any case where a conwhich the property is used for a pur- tract for Federal financial assistance, pose for which the Federal financial to carry out a program or activity to assistance is extended or for another which this part 1 applies, has been ex
purpose involving the provision of ecuted prior to January 3, 1965, and I similar services or benefits, or for as the funds have not been fully dis1
long as the recipient retains ownership bursed by the Department, the re
sponsible Department official shall, a facility, the assurance shall in any
(c) Preexisting contracts--periodic tion with respect to any elementary or payments. In any case where a con
secondary school or school system tract for Federal financial assistance, shall be deemed to be satisfied if such to carry out a program or activity to school or school system (1) is subject which this part 1 applies, has been ex
to a final order of a court of the ecuted prior to January 3, 1965, and United States for the desegregation of provides for periodic payments for the such school or school system, and pro continuation of the program or activi- vides an assurance that it will comply ty, the recipient shall, in connection with such order, including any future with the first application for such modification of such order, or (2) subperiodic payments on or after January 3, 1965: (1) Submit a statement that
mits & plan for the desegregation of
such school or school system which the program or activity is being conducted in compliance with all require
the responsible official of the Depart ments imposed by or pursuant to this
ment of Health and Human Services part 1 and (2) provide such methods of
determines is adequate to accomplish administration for the program or ac
the purposes of the Act and this part 1 tivity as are found by the responsible
within the earliest practicable time, Department official to give reasonable
and provides reasonable assurance assurance that the recipient will
that it will carry out such plan. comply with all requirements imposed
(38 FR 17949, July 5, 1973, as amended at 50 by or pursuant to this part 1.
FR 9269, Mar. 7, 1985) (d) Assurances from institutions. (1) In the case of any application for Fed- $ 1.6 Compliance information. eral financial assistance to an institution of higher education, the assur.
(a) Cooperation and assistance. The
responsible Department official and ance required by this section shall extend to admission practices and to
each Department official who by law all other practices relating to the
or delegation has the principal respontreatment of students.
sibility within the Department for the (2) The assurance required with re
administration of any law extending spect to an institution of higher edu
financial assistance subject to this cation, hospital, or any other institu
part 1 shall to the fullest extent pracy tion, insofar as the assurance relates
ticable seek the cooperation of reciplto the institution's practices with re
ents in obtaining compliance with this spect to admission or other treatment part 1 and shall provide assistance and of persons as students, patients, or cli
guidance to recipients to help them ents of the institution or to the oppor
comply voluntarily with this part 1. tunity to participate in the provision (b) Compliance reports. Each recipiof services or other benefits to such ent shall keep such records and submit persons, shall be applicable to the to the responsible Department official entire institution unless the applicant or his designee timely, complete, and establishes, to the satisfaction of the accurate compliance reports at such responsible Department official, that times, and in such form and containthe institution's practices in designat ing such information, as the responsi. ed parts or programs of the institution ble Department official or his designee will in no way affect its practices in may determine to be necessary to the program of the institution for enable him to ascertain whether the which Federal financial assistance is recipient has complied or is complying sought, or the beneficiaries of or par. with this part 1. In general, recipients ticipants in such program. If in any should have available for the departsuch case the assistance sought is for ment racial and ethnic data showing the construction of a facility or part of the extent to which members of mi