Subtitle C—Federal Property Management … Federal Property Management Regulations System described in this subpart is established and shall be used by General Services Administration

3

Subtitle CFederal PropertyManagement Regulations

System

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5

CHAPTER 101FEDERAL PROPERTYMANAGEMENT REGULATIONS

SUBCHAPTER AGENERAL

Part Page1011 Introduction ............................................................ 71013 Annual real property inventories ............................ 91014 Nondiscrimination on the basis of sex in education

programs or activities receiving Federal finan-cial assistance ...................................................... 13

1015 Centralized services in Federal buildings and com-plexes ................................................................... 30

1016 Miscellaneous regulations ....................................... 391018 Nondiscrimination in Federal financial assistance

programs .............................................................. 731019 Federal mail management ...................................... 89

SUBCHAPTER B [RESERVED]

SUBCHAPTER CDEFENSE MATERIALS

1011410115 [Reserved]

SUBCHAPTER DPUBLIC BUILDINGS AND SPACE

10116 [Reserved]10117 Assignment and utilization of space ....................... 9610118 Acquisition of real property .................................... 9610119 Construction and alteration of public buildings ..... 10910120 Management of buildings and grounds .................... 21210121 Federal Buildings Fund ........................................... 233APPENDIX TO SUBCHAPTER DTEMPORARY REGULATIONS ....... 234

SUBCHAPTER ESUPPLY AND PROCUREMENT10125 General .................................................................... 23710126 Procurement sources and program .......................... 25110127 Inventory management ........................................... 28310128 Storage and distribution ......................................... 29310129 Federal product descriptions ................................... 29810130 Federal catalog system ........................................... 304


6

41 CFR Ch. 101 (7101 Edition)

10131 Inspection and quality control ................................ 31910132 [Reserved]10133 Public utilities ........................................................ 31910134 [Reserved]Appendix to Subchapter ETemporary Regulations [Re-

served]

SUBCHAPTER FMANAGEMENT AND USE OF TELECOMMUNICATIONSRESOURCES

10135 Telecommunications management policy ............... 323

SUBCHAPTER GAVIATION, TRANSPORTATION, AND MOTOR VEHICLES

10137 Government aviation administration and coordina-tion ....................................................................... 330

10138 Motor vehicle management ..................................... 35210139 Interagency fleet management systems .................. 35210140 Transportation and traffic management ................. 36610141 Transportation documentation and audit ............... 366Appendix to Subchapter GTemporary Regulations [Re-

served]

SUBCHAPTER HUTILIZATION AND DISPOSAL

10142 Utilization and disposal of hazardous materialsand certain categories of property ....................... 367

10143 Utilization of personal property .............................. 39110144 Donation of personal property ................................ 39110145 Sale, abandonment, or destruction of personal

property ............................................................... 43710146 Replacement of personal property pursuant to the

exchange/sale authority ....................................... 47810147 Utilization and disposal of real property ................ 48210148 Utilization, donation, or disposal of abandoned and

forfeited personal property .................................. 55610149 Utilization, donation, and disposal of foreign gifts

and decorations .................................................... 567APPENDIX TO SUBCHAPTER HTEMPORARY REGULATIONS ....... 567


7

SUBCHAPTER AGENERAL

PART 1011INTRODUCTION

Subpart 1011.1Regulation System

Sec.1011.100 Scope of subpart.1011.101 Federal Property Management

Regulations System.1011.102 Federal Property Management

Regulations.1011.103 FPMR temporary regulations.1011.104 Publication and distribution of

FPMR.1011.1041 Publication.1011.1042 Distribution.1011.105 Authority for FPMR System.1011.106 Applicability of FPMR.1011.107 Agency consultation regarding

FPMR.1011.108 Agency implementation and sup-

plementation of FPMR.1011.109 Numbering in FPMR System.1011.110 Deviation.1011.111 Retention of FPMR amendments.1011.112 Change lines.

Subparts 1011.21011.48 [Reserved]

Subpart 1011.49Illustrations of Forms

1011.4900 Scope of subpart.1011.4901 Standard forms. [Reserved]1011.4902 GSA forms.1011.49022053 GSA Form 2053, Agency Con-

solidated Requirements for GSA Regula-tions and Other External Issuances.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40U.S.C. 486(c).

SOURCE: 29 FR 13255, Sept. 24, 1964, unlessotherwise noted.

Subpart 1011.1RegulationSystem

1011.100 Scope of subpart.This subpart sets forth introductory

material concerning the Federal Prop-erty Management Regulations System:its content, types, publication, author-ity, applicability, numbering, devi-ation procedure, as well as agency con-sultation, implementation, and sup-plementation.

1011.101 Federal Property Manage-ment Regulations System.

The Federal Property ManagementRegulations System described in thissubpart is established and shall be used

by General Services Administration(GSA) officials and, as provided in thissubpart, by other executive agency of-ficials, in prescribing regulations, poli-cies, procedures, and delegations of au-thority pertaining to the managementof property, and other programs andactivities of the type administered byGSA, except procurement and contractmatters contained in the Federal Ac-quisition Regulations (FAR).

[54 FR 37652, Sept. 12, 1989]

1011.102 Federal Property Manage-ment Regulations.

The Federal Property ManagementRegulations (FPMR) are regulations,as described by 1011.101, prescribed bythe Administrator of General Servicesto govern and guide Federal agencies.

1011.103 FPMR temporary regula-tions.

(a) FPMR temporary regulations areauthorized for publication when timeor exceptional circumstances will notpermit promulgation of an amendmentto the Code of Federal Regulations andif the regulation will be effective for aperiod of 12 months or less except asprovided in 1011.103(b), below. Thesetemporary regulations will be codifiedbefore the designated expiration dateor their effective date will be extendedif it is determined that conversion topermanent form cannot be accom-plished within the specified timeframe.

(b) FPMR temporary regulationsmay have an effective period of up to 2years when codification is not antici-pated or is not considered practical.

[54 FR 37652, Sept. 12, 1989]

1011.104 Publication and distribu-tion of FPMR.

1011.1041 Publication.

FPMR will be published in the FED-ERAL REGISTER, in looseleaf form, andin accumulated form in the Code ofFederal Regulations. Temporary-typeFPMR will be published in the Notices


8

41 CFR Ch. 101 (7101 Edition) 1011.1042

1 EDITORIAL NOTE: FPMR temporary regu-lations are published in the Rules and Regu-lations section of the FEDERAL REGISTERand, if in effect on the revision date of theCode of Federal Regulations volume, in theappendixes to the subchapters in 41 CFRchapter 101.

section of the FEDERAL REGISTER1 andin looseleaf form.

[36 FR 4983, Mar. 16, 1971]

1011.1042 Distribution.(a) Each agency shall designate an of-

ficial to serve as liaison with GSA onmatters pertaining to the distributionof FPMR and other publications in theFPMR series. Agencies shall report allchanges in designation of agency liai-son officers to the General Services Ad-ministration (CAR), Washington, DC20405.

(b) FPMR and other publications inthe FPMR series will be distributed toagencies in bulk quantities for internalagency distribution in accordance withrequirements information furnished byliaison officers. FPMR and other publi-cations in the FPMR series will not bestocked by, and cannot be obtainedfrom, GSA regional offices.

(c) Agencies shall submit their con-solidated requirements for FPMR andother publications in the FPMR series,including requirements of field activi-ties, and changes in such requirementson GSA Form 2053, Agency Consoli-dated Requirements for GSA Regula-tions and Other External Issuances (il-lustrated at 1011.49022053). The mail-ing address is shown on the form.

[36 FR 4983, Mar. 16, 1971, as amended at 53FR 2739, Feb. 1, 1988]

1011.105 Authority for FPMR Sys-tem.

The FPMR system is prescribed bythe Administrator of General Servicesunder authority of the Federal Prop-erty and Administrative Services Actof 1949, 63 Stat. 377, as amended, andother laws and authorities specificallycited in the text.

1011.106 Applicability of FPMR.The FPMR apply to all Federal agen-

cies to the extent specified in the Fed-eral Property and Administrative Serv-ices Act of 1949 or other applicable law.

1011.107 Agency consultation re-garding FPMR.

FPMR are developed and prescribedin consultation with affected Federalagencies.

1011.108 Agency implementationand supplementation of FPMR.

Chapters 102 through 150 of this titleare available for agency implementa-tion and supplementation of FPMRcontained in chapter 101 of this title.Supplementation pertains to agencyregulations in the subject matter ofFPMR but not yet issued in chapter101.

[54 FR 37652, Sept. 12, 1989]

1011.109 Numbering in FPMR Sys-tem.

(a) In the numbering system, allFPMR material is preceded by the dig-its 101. This means that it is chapter101 in title 41 of the Code of FederalRegulations. It has no other signifi-cance. The digit(s) before the decimalpoint indicates the part; the digitsafter the decimal point indicate, with-out separation, the subpart and sec-tion. For example:

(b) At the bottom of each page ap-pears the number and date (month andyear) of the FPMR amendment whichtransmitted it.

(c) Agency implementing regulationsshould conform to the FPMR sectionnumbers, except for the substitution ofthe chapter designation of the agency.Agency supplementing regulationsshould be numbered 50 or higher forsection, subpart, or part as may be in-volved.

[54 FR 37652, Sept. 12, 1989]

1011.110 Deviation.(a) In the interest of establishing and

maintaining uniformity to the greatestextent feasible, deviations; i.e., the useof any policy or procedure in any man-ner that is inconsistent with a policyor procedure prescribed in the FederalProperty Management Regulations, areprohibited unless such deviations havebeen requested from the approved by


9

Federal Property Management Regulations Pt. 1013

the Administrator of General Servicesor his authorized designee. Deviationsmay be authorized by the Adminis-trator of General Services or his au-thorized designee when so doing will bein the best interest of the Government.Request for deviations shall clearlystate the nature of the deviation andthe reasons for such special action.

(b) Requests for deviations from theFPMR shall be sent to the GeneralServices Administration for consider-ation in accordance with the following:

(1) For onetime (individual) devi-ations, requests shall be sent to the ad-dress provided in the applicable regula-tion. Lacking such direction, requestsshall be sent to the Administrator ofGeneral Services, Washington, DC20405.

(2) For class deviations, requestsshall be sent to only the Administratorof General Services.

[54 FR 37652, Sept. 12, 1989]

1011.111 Retention of FPMR amend-ments.

Retention of FPMR amendments andremoved pages will provide a history ofFPMR issuances and facilitate deter-mining which regulations were in ef-fect at particular times.

[39 FR 40952, Nov. 22, 1974]

1011.112 Change lines.

(a) Single-column format: Verticallines in the right margin of a page indi-cate material changed, deleted, oradded by the FPMR amendment citedat the bottom of that page. Where in-sertion of new material results in shift-ing of unchanged material on followingpages, no vertical lines will appear onsuch pages but the FPMR amendmenttransmitting such new pages will becited at the bottom of each page.

(b) Double-column format: Arrowsprinted in the margin of a page indi-cated material changed, deleted, oradded by the FPMR amendment citedat the bottom of that page.

[54 FR 37652, Sept. 12, 1989]

Subparts 1011.21011.48[Reserved]

Subpart 1011.49Illustrations ofForms

1011.4900 Scope of subpart.

This subpart illustrates forms pre-scribed or available for use in connec-tion with subject matter covered inother subparts of this part 1011.

[36 FR 4983, Mar. 16, 1971]

1011.4901 Standard forms. [Re-served]

1011.4902 GSA forms.

(a) The GSA forms are illustrated inthis section to show their text, format,and arrangement and to provide aready source of reference. The sub-section numbers in this section cor-respond with the GSA numbers.

(b) GSA forms illustrated in 1011.4902 may be obtained by addressingrequests to the General Services Ad-ministration, National Forms and Pub-lications Center7 CARW, Warehouse4, Dock No. 1, 501 West Felix Street,Forth Worth, TX 76115.

[36 FR 4984, Mar. 16, 1971, as amended at 53FR 2739, Feb. 1, 1988]

1011.49022053 GSA Form 2053,Agency Consolidated Requirementsfor GSA Regulations and Other Ex-ternal Issuances.

NOTE: The form listed in 1011.49022053 isfiled as part of the original document. Copiesof the form may be obtained from the Gen-eral Services Administration (3BRD), Wash-ington, DC 20407.

[36 FR 4984, Mar. 16, 1971]

PART 1013ANNUAL REALPROPERTY INVENTORIES

Sec.1013.000 Scope of part.

Subpart 1013.1General Provisions

1013.100 Scope of subpart.1013.101 Background.1013.102 Program objectives.1013.103 Coverage.1013.104 Source of data.1013.105 Agency Liaison.


10

41 CFR Ch. 101 (7101 Edition) 1013.000

Subpart 1013.2Annual ReportsRealProperty Owned by and Leased to theUnited States

1013.200 Scope of subpart.1013.201 Reporting agency.1013.202 Coverage.1013.203 Exclusions.1013.204 Reports to be submitted.1013.205 Optional reporting method.1013.206 Preparation and due dates.1013.207 Supplementary information.

Subparts 1013.31013.48 [Reserved]

Subpart 1013.49Forms and Reports

1013.4900 Scope of subpart.1013.4901 GSA forms.1013.49011166 GSA Form 1166: Annual Re-

port of Real Property Owned by orLeased to the United States.

1013.49011166(I) Instructions for the prepa-ration of GSA Form 1166: Annual Reportof Real Property Owned or Leased to theUnited States.

1013.49011166(IA) Major cities.1013.49011209 GSA Form 1209: Summary of

Number of Installations Owned by orLeased to the United States.

1013.49011209(I) Instructions for the prepa-ration of GSA Form 1209: Summary ofNumber of Installations Owned by orLeased to the United States.

AUTHORITY: Sec. 205(c), 63 Stat. 390 40U.S.C. 486(c).

SOURCE: 29 FR 15596, Nov. 20, 1964, unlessotherwise noted.

1013.000 Scope of part.

This part prescribes that proceduresand forms for use by executive agenciesin preparing annual reports necessaryfor the maintenance and publication ofinventories of real property owned byand leased to the United States as ofthe last day of September of each fiscalyear.

[54 FR 38673, Sept. 20, 1989]

Subpart 1013.1GeneralProvisions


This subpart deals with the back-ground, objectives, and coverage of re-ports in connection with the real prop-erty owned by and leased to the UnitedStates.

1013.101 Background.

(a) The inventory of Federal realproperty was initiated and is beingcontinued at the request of the SenateCommittee on Appropriations.

(b) The House Committee on Govern-ment Operations requests data annu-ally on all federally owned real prop-erty for inclusion in its real and per-sonal property inventory reports.

(c) Executive Order 12411 and relatedregulations require annual review ofagency goals and plans in the area ofspace reduction and property disposals.

[29 FR 15596, Nov. 20, 1964, as amended at 54FR 38673, Sept. 20, 1989]

1013.102 Program objectives.

The principal objectives of the Gov-ernmentwide real property inventoryprogram are:

(a) To provide a centralized source ofinformation on Federal real propertyholdings;

(b) To track space utilization of re-porting agencies;

(c) To identify underutilized prop-erty;

(d) To achieve the most effective con-trol and economical Governmentwideutilization of available property;

(e) To facilitate disposal of surplusproperty;

(f) To evaluate the compliance of re-porting agencies with the provisions ofExecutive Order 12411 and imple-menting regulations;

(g) To provide a basis for the intel-ligent evaluation and appraisal ofbudgetary requirements; and

(h) To establish a ready reference foranswering inquiries from the Congress,the press, trade associations, edu-cational institutions, Federal, Stateand local government agencies, and thegeneral public.

[54 FR 38673, Sept. 20, 1989]

1013.103 Coverage.

The inventory reports prescribed inthis part 1013 shall cover land, build-ings, and other structures and facilitiesthroughout the world, which are ownedby or leased to the United States, in-cluding wholly-owned Federal Govern-ment corporations.


11

Federal Property Management Regulations 1013.202

1013.104 Source of data.

Data reported shall be based on agen-cy real property and accountingrecords.

1013.105 Agency Liaison.

Each reporting agency shall des-ignate an official to serve as agencyrepresentative for the real property in-ventories. The same representativeshould be designated for the federallyowned and leased real property inven-tories, although separate representa-tives are permitted. The General Serv-ices Administration, Office of Govern-mentwide Policy, Washington, DC20405, shall be advised in writing of thenames of all such representatives andsubsequent changes.

[54 FR 38674, Sept. 20, 1989]

Subpart 1013.2Annual Re-portsReal Property Ownedby and Leased to the UnitedStates

SOURCE: 54 FR 38674, Sept. 20, 1989, unlessotherwise noted.


This subpart prescribes the proce-dures and forms to be used by execu-tive agencies in connection with an-nual reports on real property owned byand leased to the United States.

1013.201 Reporting agency.

Reports on real property owned byand leased to the United States shallbe submitted by the agency responsiblefor the maintenance of real propertyrecords and accounts as prescribed byGeneral Accounting Office principlesand standards and illustrated in 2 GAO1270 and 2 GAO 7030 for owned property.For purposes of this inventory, theabove rule shall apply regardless of themanner of acquisition or which agencyis currently using the property. For ex-ample:

(a) For general purpose buildings,such as office buildings or warehouses,which are occupied by a Federal agencyor agencies upon determination byGSA, and for which GSA is responsiblefor elevator and guard service, and for

cleaning and maintenance, GSA is thereporting agency.

(b) For special purpose buildings,such as Coast Guard stations, militaryreservations, hospitals, and prisons,those agencies having control of build-ing management and operation includ-ing authority to assign or reassignspace in such buildings, will be consid-ered as the reporting agencies.

(c) For leased property, the agencycurrently administering the lease andmaking payments to the lessor, regard-less of which agency executed theoriginal lease or which agency is cur-rently using the property.

1013.202 Coverage.The annual reports of real property

owned by or leased to the UnitedStates shall cover land, buildings, andother structures and facilities ownedby the United States throughout theworld and all real property leased fromprivate individuals, organizations, andmunicipal, county, state, and foreigngovernments, as evidenced by a writtenagreement involving a monetary con-sideration and a landlord-tenant rela-tionship. It shall also include right ofuse and occupancy obtained under emi-nent domain proceedings or equivalentprocedures. These reports shall includethe following:

(a) Unreserved public domain lands.(b) Public domain lands reserved for

national forests, national parks, mili-tary installations, or other purposes.

(c) Real property acquired by pur-chase, construction, donation, andother methods.

(d) Real property in which the Gov-ernment has a long-term interest con-sidered by the reporting agency asbeing equivalent to ownership.

(e) Buildings or other structures andfacilities owned by or leased to theGovernment whether or not located onGovernment-owned land.

(f) Excess and surplus real property.(The reporting agency, as defined in 1013.201, shall continue to retain ac-countability and report excess and sur-plus real property pending its transferto a Federal agency or disposal.)

(g) Buildings being acquired underthe terms of the Public Buildings Pur-chase Contract Program or Lease Pur-chase Agreements (39 U.S.C. 2103, 40


12

41 CFR Ch. 101 (7101 Edition) 1013.203

U.S.C. 356). Buildings shall be reportedupon completion of construction. Sepa-rate annual reports shall also be sub-mitted for real properties held in trustby the Federal Government.

(h) Each lease executed for land only,with an annual rental of $500 or more.

(i) Each lease executed for a buildinglocation(s), other structures and facili-ties, or combination thereof (whetheror not land is included), with a totalannual rental of $2,000 or more.

(j) Real property leased rent free orfor a nominal rental rate may be in-cluded when the property is consideredsignificant by the reporting agency. 35Comp. Gen. 713 is suggested as a guideto help resolve questions pertaining tothe definition of nominal payment.

1013.203 Exclusions.Annual inventory reports on real

property owned by or leased to theUnited States shall not include the fol-lowing:

(a) Properties acquired through fore-closure, confiscation, or seizure to beliquidated in settlement of a claim ordebt to the Federal Government.

(b) Rights-of-way or easementsgranted to the Government.

(c) Lands administered by the UnitedStates under trusteeship by authorityof the United Nations.

(d) Machinery and processing equip-ment which are not part of the realty.

(e) Real property occupied under per-mit or other arrangements with otherFederal agencies or wholly owned Fed-eral Government corporations.

(f) Leasehold improvements (Govern-ment-owned buildings or structures lo-cated on leased land shall be reportedas owned); and

(g) Real Property leased rent free orfor nominal rent when property is notconsidered significant by the reportingagency.

1013.204 Reports to be submitted.(a) Each agency shall prepare in ac-

cordance with instructions in 1013.49011166(I) and submit to GSA a sepa-rate report on GSA Form 1166, AnnualReport of Real Property Owned by orLeased to the United States (see 1013.49011166) for:

(1) Each newly acquired or previouslyomitted installation.

(2) Each installation received bytransfer from another Federal agencywhich is not merged with an existinginstallation.

(3) Each installation with increasesor decreases in cost of $5,000 or moreaffecting any line item or the total forthe installation.

(4) Each installation declared excessor surplus in whole or in part.

(5) Each disposal of a complete in-stallation.

(6) Each installation for which a revi-sion of an entry on a previous report isnecessary to reflect a change in thename of an installation, date or meth-od of acquisition of property, acreage,number and/or floor area of buildings,or predominant usage category of land,buildings, or other structures and fa-cilities.

(7) Each new lease becoming effectiveduring the reporting period.

(8) Each renewed lease citing the newexpiration date.

(9) Change in annual rental rate.(b) It is only necessary to report

changes since the last reporting periodand only identification data and af-fected line items need be reported.However, agencies reporting for thefirst time under these revised regula-tions must report their entire ownedand leased inventories.

(c) Each agency shall prepare in ac-cordance with instructions in 1013.49011209(I) and submit to GSA a sepa-rate report on GSA Form 1209, Sum-mary of Number of Installations Ownedby or Leased to the United States (see 1013.49011209) for each bureau orother major organizational unit, forowned and leased real property. Re-ports on GSA Form 1209 shall be sub-mitted whether or not changes have oc-curred since the previous report.

1013.205 Optional reporting method.

Agencies with automated accountingsystems may make arrangements withGSA, Office of Governmentwide Policy,to furnish detailed reports via mag-netic tape input in lieu of GSA Form1166. Each agency utilizing this methodmust obtain the automated reportingrequirements from GSA, Office of Gov-ernmentwide Policy, before submittingany magnetic tape.


13

Federal Property Management Regulations Pt. 1014

1013.206 Preparation and due dates.

The annual inventory reports pre-scribed in 1013.204 shall be preparedas of the last day of September of eachfiscal year. An original and one copy ofeach report shall be submitted to theGeneral Services Administration, Of-fice of Governmentwide Policy, Wash-ington, DC 20405, no later than 45 daysafter the report date.

1013.207 Supplementary informa-tion.

This reporting system has beencleared in accordance with FIRMR 20145.6 and assigned interagency reportcontrol number 0315GSAAN. Thisinteragency report control number re-places 1119GSAAN, 1120GSAAN,1540GSAAN and 1541GSAAN.

Subparts 1013.31013.48[Reserved]

Subpart 1013.49Forms andReports

NOTE: GSA forms filed with the Office ofthe Federal Register as part of the originaldocument. Copies may be obtained from Cen-tral Office, GSA.


This subpart contains illustrations offorms and instructions for their com-pletion, to be used by executive agen-cies in connection with the submissionof annual reports of real propertyowned by and leased to the UnitedStates.

1013.4901 GSA forms.

The GSA forms referenced in thispart may be obtained initially from theGSA National Forms and PublicationsCenter, Box 17550, 819 Taylor Street,Fort Worth, TX 761020550. Agency fieldor regional offices should submit futurerequirements to their Washington, DC,headquarters office which will forwardconsolidated annual requirements tothe General Services Administration,ATTN: 7BR, Fort Worth, TX 76102. Thesection numbers in this subpart cor-respond to the GSA form numbers andrelated instruction for their prepara-tion. Thus in 1013.49011166(I) appears

instructions for the preparation of GSAForm 1166.

[54 FR 38675, Sept. 20, 1989]

1013.49011166 GSA Form 1166: An-nual Report of Real PropertyOwned by or Leased to the UnitedStates.

1013.49011166(I) Instructions forthe preparation of GSA Form 1166:Annual Report of Real PropertyOwned or Leased to the UnitedStates.

1013.49011166(IA) Major cities.

1013.49011209 GSA Form 1209:Summary of Number of Installa-tions Owned by or Leased to theUnited States.

1013.49011209(I) Instructions forthe preparation of GSA Form 1209:Summary of Number of Installa-tions Owned by or Leased to theUnited States.

PART 1014NONDISCRIMINATIONON THE BASIS OF SEX IN EDU-CATION PROGRAMS OR ACTIVI-TIES RECEIVING FEDERAL FINAN-CIAL ASSISTANCE

Subpart AIntroduction

Sec.1014.100 Purpose and effective date.1014.105 Definitions.1014.110 Remedial and affirmative action

and self-evaluation.1014.115 Assurance required.1014.120 Transfers of property.1014.125 Effect of other requirements.1014.130 Effect of employment opportuni-

ties.1014.135 Designation of responsible em-

ployee and adoption of grievance proce-dures.

1014.140 Dissemination of policy.

Subpart BCoverage

1014.200 Application.1014.205 Educational institutions and other

entities controlled by religious organiza-tions.

1014.210 Military and merchant marineeducational institutions.

1014.215 Membership practices of certainorganizations.

1014.220 Admissions.1014.225 Educational institutions eligible

to submit transition plans.1014.230 Transition plans.


14

41 CFR Ch. 101 (7101 Edition) 1014.100

1014.235 Statutory amendments.

Subpart CDiscrimination on the Basis ofSex in Admission and Recruitment Pro-hibited

1014.300 Admission.1014.305 Preference in admission.1014.310 Recruitment.

Subpart DDiscrimination on the Basis ofSex in Education Programs or ActivitiesProhibited

1014.400 Education programs or activities.1014.405 Housing.1014.410 Comparable facilities.1014.415 Access to course offerings.1014.420 Access to schools operated by

LEAs.1014.425 Counseling and use of appraisal

and counseling materials.1014.430 Financial assistance.1014.435 Employment assistance to stu-

dents.1014.440 Health and insurance benefits and

services.1014.445 Marital or parental status.1014.450 Athletics.1014.455 Textbooks and curricular mate-

rial.

Subpart EDiscrimination on the Basis ofSex in Employment in Education Pro-grams or Activities Prohibited

1014.500 Employment.1014.505 Employment criteria.1014.510 Recruitment.1014.515 Compensation.1014.520 Job classification and structure.1014.525 Fringe benefits.1014.530 Marital or parental status.1014.535 Effect of state or local law or

other requirements.1014.540 Advertising.1014.545 Pre-employment inquiries.1014.550 Sex as a bona fide occupational

qualification.

Subpart FProcedures

1014.600 Notice of covered programs.1014.605 Enforcement procedures.

AUTHORITY: 20 U.S.C. 1681, 1682, 1683, 1685,1686, 1687, 1688.

SOURCE: 65 FR 52865, 52891, Aug. 30, 2000, un-less otherwise noted.

Subpart AIntroduction

1014.100 Purpose and effective date.The purpose of these Title IX regula-

tions is to effectuate Title IX of theEducation Amendments of 1972, as

amended (except sections 904 and 906 ofthose Amendments) (20 U.S.C. 1681,1682, 1683, 1685, 1686, 1687, 1688), which isdesigned to eliminate (with certain ex-ceptions) discrimination on the basis ofsex in any education program or activ-ity receiving Federal financial assist-ance, whether or not such program oractivity is offered or sponsored by aneducational institution as defined inthese Title IX regulations. The effec-tive date of these Title IX regulationsshall be September 29, 2000.

1014.105 Definitions.

As used in these Title IX regulations,the term:

Administratively separate unit means aschool, department, or college of aneducational institution (other than alocal educational agency) admission towhich is independent of admission toany other component of such institu-tion.

Admission means selection for part-time, full-time, special, associate,transfer, exchange, or any other enroll-ment, membership, or matriculation inor at an education program or activityoperated by a recipient.

Applicant means one who submits anapplication, request, or plan requiredto be approved by an official of theFederal agency that awards Federal fi-nancial assistance, or by a recipient, asa condition to becoming a recipient.

Designated agency official means theAssociate Administrator for CivilRights.

Educational institution means a localeducational agency (LEA) as defined by20 U.S.C. 8801(18), a preschool, a privateelementary or secondary school, or anapplicant or recipient that is an insti-tution of graduate higher education, aninstitution of undergraduate highereducation, an institution of profes-sional education, or an institution ofvocational education, as defined in thissection.

Federal financial assistance means anyof the following, when authorized orextended under a law administered bythe Federal agency that awards suchassistance:

(1) A grant or loan of Federal finan-cial assistance, including funds madeavailable for:


15


(i) The acquisition, construction, ren-ovation, restoration, or repair of abuilding or facility or any portionthereof; and

(ii) Scholarships, loans, grants,wages, or other funds extended to anyentity for payment to or on behalf ofstudents admitted to that entity, orextended directly to such students forpayment to that entity.

(2) A grant of Federal real or per-sonal property or any interest therein,including surplus property, and theproceeds of the sale or transfer of suchproperty, if the Federal share of thefair market value of the property isnot, upon such sale or transfer, prop-erly accounted for to the Federal Gov-ernment.

(3) Provision of the services of Fed-eral personnel.

(4) Sale or lease of Federal propertyor any interest therein at nominal con-sideration, or at consideration reducedfor the purpose of assisting the recipi-ent or in recognition of public interestto be served thereby, or permission touse Federal property or any interesttherein without consideration.

(5) Any other contract, agreement, orarrangement that has as one of its pur-poses the provision of assistance to anyeducation program or activity, excepta contract of insurance or guaranty.

Institution of graduate higher edu-cation means an institution that:

(1) Offers academic study beyond thebachelor of arts or bachelor of sciencedegree, whether or not leading to a cer-tificate of any higher degree in the lib-eral arts and sciences;

(2) Awards any degree in a profes-sional field beyond the first profes-sional degree (regardless of whetherthe first professional degree in suchfield is awarded by an institution ofundergraduate higher education or pro-fessional education); or

(3) Awards no degree and offers nofurther academic study, but operatesordinarily for the purpose of facili-tating research by persons who havereceived the highest graduate degree inany field of study.

Institution of professional educationmeans an institution (except any insti-tution of undergraduate higher edu-cation) that offers a program of aca-demic study that leads to a first profes-

sional degree in a field for which thereis a national specialized accreditingagency recognized by the Secretary ofEducation.

Institution of undergraduate highereducation means:

(1) An institution offering at leasttwo but less than four years of college-level study beyond the high schoollevel, leading to a diploma or an asso-ciate degree, or wholly or principallycreditable toward a baccalaureate de-gree; or

(2) An institution offering academicstudy leading to a baccalaureate de-gree; or

(3) An agency or body that certifiescredentials or offers degrees, but thatmay or may not offer academic study.

Institution of vocational educationmeans a school or institution (exceptan institution of professional or grad-uate or undergraduate higher edu-cation) that has as its primary purposepreparation of students to pursue atechnical, skilled, or semiskilled occu-pation or trade, or to pursue study in atechnical field, whether or not theschool or institution offers certificates,diplomas, or degrees and whether ornot it offers full-time study.

Recipient means any State or polit-ical subdivision thereof, or any instru-mentality of a State or political sub-division thereof, any public or privateagency, institution, or organization, orother entity, or any person, to whomFederal financial assistance is ex-tended directly or through another re-cipient and that operates an educationprogram or activity that receives suchassistance, including any subunit, suc-cessor, assignee, or transferee thereof.

Student means a person who hasgained admission.

Title IX means Title IX of the Edu-cation Amendments of 1972, Public Law92318, 86 Stat. 235, 373 (codified asamended at 20 U.S.C. 16811688) (exceptsections 904 and 906 thereof), as amend-ed by section 3 of Public Law 93568, 88Stat. 1855, by section 412 of the Edu-cation Amendments of 1976, Public Law94482, 90 Stat. 2234, and by Section 3 ofPublic Law 100259, 102 Stat. 28, 2829(20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687,1688).


16

41 CFR Ch. 101 (7101 Edition) 1014.110

Title IX regulations means the provi-sions set forth at 1014.100 through1014.605.

Transition plan means a plan subjectto the approval of the Secretary ofEducation pursuant to section 901(a)(2)of the Education Amendments of 1972,20 U.S.C. 1681(a)(2), under which an edu-cational institution operates in mak-ing the transition from being an edu-cational institution that admits onlystudents of one sex to being one thatadmits students of both sexes withoutdiscrimination.

1014.110 Remedial and affirmativeaction and self-evaluation.

(a) Remedial action. If the designatedagency official finds that a recipienthas discriminated against persons onthe basis of sex in an education pro-gram or activity, such recipient shalltake such remedial action as the des-ignated agency official deems nec-essary to overcome the effects of suchdiscrimination.

(b) Affirmative action. In the absenceof a finding of discrimination on thebasis of sex in an education program oractivity, a recipient may take affirma-tive action consistent with law to over-come the effects of conditions that re-sulted in limited participation thereinby persons of a particular sex. Nothingin these Title IX regulations shall beinterpreted to alter any affirmative ac-tion obligations that a recipient mayhave under Executive Order 11246, 3CFR, 19641965 Comp., p. 339; as amend-ed by Executive Order 11375, 3 CFR,19661970 Comp., p. 684; as amended byExecutive Order 11478, 3 CFR, 19661970Comp., p. 803; as amended by ExecutiveOrder 12086, 3 CFR, 1978 Comp., p. 230;as amended by Executive Order 12107, 3CFR, 1978 Comp., p. 264.

(c) Self-evaluation. Each recipienteducation institution shall, within oneyear of September 29, 2000:

(1) Evaluate, in terms of the require-ments of these Title IX regulations, itscurrent policies and practices and theeffects thereof concerning admission ofstudents, treatment of students, andemployment of both academic and non-academic personnel working in connec-tion with the recipients education pro-gram or activity;

(2) Modify any of these policies andpractices that do not or may not meetthe requirements of these Title IX reg-ulations; and

(3) Take appropriate remedial stepsto eliminate the effects of any dis-crimination that resulted or may haveresulted from adherence to these poli-cies and practices.

(d) Availability of self-evaluation andrelated materials. Recipients shall main-tain on file for at least three years fol-lowing completion of the evaluation re-quired under paragraph (c) of this sec-tion, and shall provide to the des-ignated agency official upon request, adescription of any modifications madepursuant to paragraph (c)(2) of this sec-tion and of any remedial steps takenpursuant to paragraph (c)(3) of this sec-tion.

1014.115 Assurance required.(a) General. Either at the application

stage or the award stage, Federal agen-cies must ensure that applications forFederal financial assistance or awardsof Federal financial assistance contain,be accompanied by, or be covered by aspecifically identified assurance fromthe applicant or recipient, satisfactoryto the designated agency official, thateach education program or activity op-erated by the applicant or recipientand to which these Title IX regulationsapply will be operated in compliancewith these Title IX regulations. An as-surance of compliance with these TitleIX regulations shall not be satisfactoryto the designated agency official if theapplicant or recipient to whom such as-surance applies fails to commit itselfto take whatever remedial action isnecessary in accordance with 1014.110(a) to eliminate existing discrimi-nation on the basis of sex or to elimi-nate the effects of past discriminationwhether occurring prior to or subse-quent to the submission to the des-ignated agency official of such assur-ance.

(b) Duration of obligation. (1) In thecase of Federal financial assistance ex-tended to provide real property orstructures thereon, such assuranceshall obligate the recipient or, in thecase of a subsequent transfer, thetransferee, for the period during whichthe real property or structures are used


17


to provide an education program or ac-tivity.

(2) In the case of Federal financial as-sistance extended to provide personalproperty, such assurance shall obligatethe recipient for the period duringwhich it retains ownership or posses-sion of the property.

(3) In all other cases such assuranceshall obligate the recipient for the pe-riod during which Federal financial as-sistance is extended.

(c) Form. (1) The assurances requiredby paragraph (a) of this section, whichmay be included as part of a documentthat addresses other assurances or obli-gations, shall include that the appli-cant or recipient will comply with allapplicable Federal statutes relating tonondiscrimination. These include butare not limited to: Title IX of the Edu-cation Amendments of 1972, as amend-ed (20 U.S.C. 16811683, 16851688).

(2) The designated agency officialwill specify the extent to which suchassurances will be required of the ap-plicants or recipients subgrantees,contractors, subcontractors, trans-ferees, or successors in interest.

1014.120 Transfers of property.If a recipient sells or otherwise trans-

fers property financed in whole or inpart with Federal financial assistanceto a transferee that operates any edu-cation program or activity, and theFederal share of the fair market valueof the property is not upon such sale ortransfer properly accounted for to theFederal Government, both the trans-feror and the transferee shall bedeemed to be recipients, subject to theprovisions of 1014.205 through 1014.235(a).

1014.125 Effect of other require-ments.

(a) Effect of other Federal provisions.The obligations imposed by these TitleIX regulations are independent of, anddo not alter, obligations not to dis-criminate on the basis of sex imposedby Executive Order 11246, 3 CFR, 19641965 Comp., p. 339; as amended by Exec-utive Order 11375, 3 CFR, 19661970Comp., p. 684; as amended by ExecutiveOrder 11478, 3 CFR, 19661970 Comp., p.803; as amended by Executive Order12087, 3 CFR, 1978 Comp., p. 230; as

amended by Executive Order 12107, 3CFR, 1978 Comp., p. 264; sections 704and 855 of the Public Health ServiceAct (42 U.S.C. 295m, 298b-2); Title VII ofthe Civil Rights Act of 1964 (42 U.S.C.2000e et seq.); the Equal Pay Act of 1963(29 U.S.C. 206); and any other Act ofCongress or Federal regulation.

(b) Effect of State or local law or otherrequirements. The obligation to complywith these Title IX regulations is notobviated or alleviated by any State orlocal law or other requirement thatwould render any applicant or studentineligible, or limit the eligibility ofany applicant or student, on the basisof sex, to practice any occupation orprofession.

(c) Effect of rules or regulations of pri-vate organizations. The obligation tocomply with these Title IX regulationsis not obviated or alleviated by anyrule or regulation of any organization,club, athletic or other league, or asso-ciation that would render any appli-cant or student ineligible to partici-pate or limit the eligibility or partici-pation of any applicant or student, onthe basis of sex, in any education pro-gram or activity operated by a recipi-ent and that receives Federal financialassistance.

1014.130 Effect of employment op-portunities.

The obligation to comply with theseTitle IX regulations is not obviated oralleviated because employment oppor-tunities in any occupation or profes-sion are or may be more limited formembers of one sex than for membersof the other sex.

1014.135 Designation of responsibleemployee and adoption of grievanceprocedures.

(a) Designation of responsible employee.Each recipient shall designate at leastone employee to coordinate its effortsto comply with and carry out its re-sponsibilities under these Title IX reg-ulations, including any investigation ofany complaint communicated to suchrecipient alleging its noncompliancewith these Title IX regulations or al-leging any actions that would be pro-hibited by these Title IX regulations.


18

41 CFR Ch. 101 (7101 Edition) 1014.140

The recipient shall notify all its stu-dents and employees of the name, of-fice address, and telephone number ofthe employee or employees appointedpursuant to this paragraph.

(b) Complaint procedure of recipient. Arecipient shall adopt and publish griev-ance procedures providing for promptand equitable resolution of student andemployee complaints alleging any ac-tion that would be prohibited by theseTitle IX regulations.

1014.140 Dissemination of policy.

(a) Notification of policy. (1) Each re-cipient shall implement specific andcontinuing steps to notify applicantsfor admission and employment, stu-dents and parents of elementary andsecondary school students, employees,sources of referral of applicants for ad-mission and employment, and allunions or professional organizationsholding collective bargaining or profes-sional agreements with the recipient,that it does not discriminate on thebasis of sex in the educational pro-grams or activities that it operates,and that it is required by Title IX andthese Title IX regulations not to dis-criminate in such a manner. Such noti-fication shall contain such informa-tion, and be made in such manner, asthe designated agency official findsnecessary to apprise such persons ofthe protections against discriminationassured them by Title IX and theseTitle IX regulations, but shall state atleast that the requirement not to dis-criminate in education programs or ac-tivities extends to employment there-in, and to admission thereto unless 1014.300 through 1014.310 do notapply to the recipient, and that inquir-ies concerning the application of TitleIX and these Title IX regulations tosuch recipient may be referred to theemployee designated pursuant to 1014.135, or to the designated agency offi-cial.

(2) Each recipient shall make the ini-tial notification required by paragraph(a)(1) of this section within 90 days ofSeptember 29, 2000 or of the date theseTitle IX regulations first apply to suchrecipient, whichever comes later,which notification shall include publi-cation in:

(i) Newspapers and magazines oper-ated by such recipient or by student,alumnae, or alumni groups for or inconnection with such recipient; and

(ii) Memoranda or other written com-munications distributed to every stu-dent and employee of such recipient.

(b) Publications. (1) Each recipientshall prominently include a statementof the policy described in paragraph (a)of this section in each announcement,bulletin, catalog, or application formthat it makes available to any personof a type, described in paragraph (a) ofthis section, or which is otherwise usedin connection with the recruitment ofstudents or employees.

(2) A recipient shall not use or dis-tribute a publication of the type de-scribed in paragraph (b)(1) of this sec-tion that suggests, by text or illustra-tion, that such recipient treats appli-cants, students, or employees dif-ferently on the basis of sex except assuch treatment is permitted by theseTitle IX regulations.

(c) Distribution. Each recipient shalldistribute without discrimination onthe basis of sex each publication de-scribed in paragraph (b)(1) of this sec-tion, and shall apprise each of its ad-mission and employment recruitmentrepresentatives of the policy of non-discrimination described in paragraph(a) of this section, and shall requiresuch representatives to adhere to suchpolicy.

Subpart BCoverage 1014.200 Application.

Except as provided in 1014.205through 1014.235(a), these Title IX reg-ulations apply to every recipient andto each education program or activityoperated by such recipient that re-ceives Federal financial assistance.

1014.205 Educational institutionsand other entities controlled by re-ligious organizations.

(a) Exemption. These Title IX regula-tions do not apply to any operation ofan educational institution or other en-tity that is controlled by a religiousorganization to the extent that appli-cation of these Title IX regulationswould not be consistent with the reli-gious tenets of such organization.


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(b) Exemption claims. An educationalinstitution or other entity that wishesto claim the exemption set forth inparagraph (a) of this section shall do soby submitting in writing to the des-ignated agency official a statement bythe highest-ranking official of the in-stitution, identifying the provisions ofthese Title IX regulations that conflictwith a specific tenet of the religious or-ganization.

1014.210 Military and merchant ma-rine educational institutions.

These Title IX regulations do notapply to an educational institutionwhose primary purpose is the trainingof individuals for a military service ofthe United States or for the merchantmarine.

1014.215 Membership practices ofcertain organizations.

(a) Social fraternities and sororities.These Title IX regulations do not applyto the membership practices of socialfraternities and sororities that are ex-empt from taxation under section501(a) of the Internal Revenue Code of1954, 26 U.S.C. 501(a), the active mem-bership of which consists primarily ofstudents in attendance at institutionsof higher education.

(b) YMCA, YWCA, Girl Scouts, BoyScouts, and Camp Fire Girls. These TitleIX regulations do not apply to themembership practices of the YoungMens Christian Association (YMCA),the Young Womens Christian Associa-tion (YWCA), the Girl Scouts, the BoyScouts, and Camp Fire Girls.

(c) Voluntary youth service organiza-tions. These Title IX regulations do notapply to the membership practices of avoluntary youth service organizationthat is exempt from taxation undersection 501(a) of the Internal RevenueCode of 1954, 26 U.S.C. 501(a), and themembership of which has been tradi-tionally limited to members of one sexand principally to persons of less thannineteen years of age.

1014.220 Admissions.(a) Admissions to educational insti-

tutions prior to June 24, 1973, are notcovered by these Title IX regulations.

(b) Administratively separate units. Forthe purposes only of this section, 101

4.225 and 1014.230, and 1014.300through 1014.310, each administra-tively separate unit shall be deemed tobe an educational institution.

(c) Application of 1014.300 through1014.310. Except as provided in para-graphs (d) and (e) of this section, 1014.300 through 1014.310 apply to each re-cipient. A recipient to which 1014.300through 1014.310 apply shall not dis-criminate on the basis of sex in admis-sion or recruitment in violation of 1014.300 through 1014.310.

(d) Educational institutions. Except asprovided in paragraph (e) of this sec-tion as to recipients that are edu-cational institutions, 1014.300through 1014.310 apply only to institu-tions of vocational education, profes-sional education, graduate higher edu-cation, and public institutions of un-dergraduate higher education.

(e) Public institutions of undergraduatehigher education. 1014.300 through1014.310 do not apply to any public in-stitution of undergraduate higher edu-cation that traditionally and contin-ually from its establishment has had apolicy of admitting students of onlyone sex.

1014.225 Educational institutions el-igible to submit transition plans.

(a) Application. This section appliesto each educational institution towhich 1014.300 through 1014.310apply that:

(1) Admitted students of only one sexas regular students as of June 23, 1972;or

(2) Admitted students of only one sexas regular students as of June 23, 1965,but thereafter admitted, as regular stu-dents, students of the sex not admittedprior to June 23, 1965.

(b) Provision for transition plans. Aneducational institution to which thissection applies shall not discriminateon the basis of sex in admission or re-cruitment in violation of 1014.300through 1014.310.

1014.230 Transition plans.

(a) Submission of plans. An institutionto which 1014.225 applies and that iscomposed of more than one administra-tively separate unit may submit eithera single transition plan applicable to


20

41 CFR Ch. 101 (7101 Edition) 1014.235

all such units, or a separate transitionplan applicable to each such unit.

(b) Content of plans. In order to be ap-proved by the Secretary of Education,a transition plan shall:

(1) State the name, address, and Fed-eral Interagency Committee on Edu-cation Code of the educational institu-tion submitting such plan, the admin-istratively separate units to which theplan is applicable, and the name, ad-dress, and telephone number of the per-son to whom questions concerning theplan may be addressed. The person whosubmits the plan shall be the chief ad-ministrator or president of the institu-tion, or another individual legally au-thorized to bind the institution to allactions set forth in the plan.

(2) State whether the educational in-stitution or administratively separateunit admits students of both sexes asregular students and, if so, when itbegan to do so.

(3) Identify and describe with respectto the educational institution or ad-ministratively separate unit any obsta-cles to admitting students without dis-crimination on the basis of sex.

(4) Describe in detail the steps nec-essary to eliminate as soon as prac-ticable each obstacle so identified andindicate the schedule for taking thesesteps and the individual directly re-sponsible for their implementation.

(5) Include estimates of the numberof students, by sex, expected to applyfor, be admitted to, and enter eachclass during the period covered by theplan.

(c) Nondiscrimination. No policy orpractice of a recipient to which 1014.225 applies shall result in treatmentof applicants to or students of such re-cipient in violation of 1014.300through 1014.310 unless such treatmentis necessitated by an obstacle identi-fied in paragraph (b)(3) of this sectionand a schedule for eliminating that ob-stacle has been provided as required byparagraph (b)(4) of this section.

(d) Effects of past exclusion. To over-come the effects of past exclusion ofstudents on the basis of sex, each edu-cational institution to which 1014.225applies shall include in its transitionplan, and shall implement, specificsteps designed to encourage individualsof the previously excluded sex to apply

for admission to such institution. Suchsteps shall include instituting recruit-ment programs that emphasize the in-stitutions commitment to enrollingstudents of the sex previously ex-cluded.

1014.235 Statutory amendments.(a) This section, which applies to all

provisions of these Title IX regula-tions, addresses statutory amendmentsto Title IX.

(b) These Title IX regulations shallnot apply to or preclude:

(1) Any program or activity of theAmerican Legion undertaken in con-nection with the organization or oper-ation of any Boys State conference,Boys Nation conference, Girls Stateconference, or Girls Nation conference;

(2) Any program or activity of a sec-ondary school or educational institu-tion specifically for:

(i) The promotion of any Boys Stateconference, Boys Nation conference,Girls State conference, or Girls Nationconference; or

(ii) The selection of students to at-tend any such conference;

(3) Father-son or mother-daughteractivities at an educational institutionor in an education program or activity,but if such activities are provided forstudents of one sex, opportunities forreasonably comparable activities shallbe provided to students of the othersex;

(4) Any scholarship or other financialassistance awarded by an institution ofhigher education to an individual be-cause such individual has received suchaward in a single-sex pageant basedupon a combination of factors relatedto the individuals personal appear-ance, poise, and talent. The pageant,however, must comply with other non-discrimination provisions of Federallaw.

(c) Program or activity or programmeans:

(1) All of the operations of any entitydescribed in paragraphs (c)(1)(i)through (iv) of this section, any part ofwhich is extended Federal financial as-sistance:

(i)(A) A department, agency, specialpurpose district, or other instrumen-tality of a State or of a local govern-ment; or


21


(B) The entity of such State or localgovernment that distributes such as-sistance and each such department oragency (and each other State or localgovernment entity) to which the as-sistance is extended, in the case of as-sistance to a State or local govern-ment;

(ii)(A) A college, university, or otherpostsecondary institution, or a publicsystem of higher education; or

(B) A local educational agency (as de-fined in section 8801 of title 20), systemof vocational education, or otherschool system;

(iii)(A) An entire corporation, part-nership, or other private organization,or an entire sole proprietorship

(1) If assistance is extended to suchcorporation, partnership, private orga-nization, or sole proprietorship as awhole; or

(2) Which is principally engaged inthe business of providing education,health care, housing, social services, orparks and recreation; or

(B) The entire plant or other com-parable, geographically separate facil-ity to which Federal financial assist-ance is extended, in the case of anyother corporation, partnership, privateorganization, or sole proprietorship; or

(iv) Any other entity that is estab-lished by two or more of the entitiesdescribed in paragraphs (c)(1)(i), (ii), or(iii) of this section.

(2)(i) Program or activity does not in-clude any operation of an entity that iscontrolled by a religious organizationif the application of 20 U.S.C. 1681 tosuch operation would not be consistentwith the religious tenets of such orga-nization.

(ii) For example, all of the operationsof a college, university, or other post-secondary institution, including butnot limited to traditional educationaloperations, faculty and student hous-ing, campus shuttle bus service, cam-pus restaurants, the bookstore, andother commercial activities are part ofa program or activity subject tothese Title IX regulations if the col-lege, university, or other institutionreceives Federal financial assistance.

(d)(1) Nothing in these Title IX regu-lations shall be construed to require orprohibit any person, or public or pri-vate entity, to provide or pay for any

benefit or service, including the use offacilities, related to an abortion. Med-ical procedures, benefits, services, andthe use of facilities, necessary to savethe life of a pregnant woman or to ad-dress complications related to an abor-tion are not subject to this section.

(2) Nothing in this section shall beconstrued to permit a penalty to be im-posed on any person or individual be-cause such person or individual is seek-ing or has received any benefit or serv-ice related to a legal abortion. Accord-ingly, subject to paragraph (d)(1) ofthis section, no person shall be ex-cluded from participation in, be deniedthe benefits of, or be subjected to dis-crimination under any academic, ex-tracurricular, research, occupationaltraining, employment, or other edu-cational program or activity operatedby a recipient that receives Federal fi-nancial assistance because such indi-vidual has sought or received, or isseeking, a legal abortion, or any ben-efit or service related to a legal abor-tion.

Subpart CDiscrimination on theBasis of Sex in Admission andRecruitment Prohibited

1014.300 Admission.(a) General. No person shall, on the

basis of sex, be denied admission, or besubjected to discrimination in admis-sion, by any recipient to which 1014.300 through 1014.310 apply, except asprovided in 1014.225 and 1014.230.

(b) Specific prohibitions. (1) In deter-mining whether a person satisfies anypolicy or criterion for admission, or inmaking any offer of admission, a re-cipient to which 1014.300 through1014.310 apply shall not:

(i) Give preference to one person overanother on the basis of sex, by rankingapplicants separately on such basis, orotherwise;

(ii) Apply numerical limitations uponthe number or proportion of persons ofeither sex who may be admitted; or

(iii) Otherwise treat one individualdifferently from another on the basis ofsex.

(2) A recipient shall not administeror operate any test or other criterionfor admission that has a disproportion-ately adverse effect on persons on the


22

41 CFR Ch. 101 (7101 Edition) 1014.305

basis of sex unless the use of such testor criterion is shown to predict validlysuccess in the education program or ac-tivity in question and alternative testsor criteria that do not have such a dis-proportionately adverse effect areshown to be unavailable.

(c) Prohibitions relating to marital orparental status. In determining whethera person satisfies any policy or cri-terion for admission, or in making anyoffer of admission, a recipient to which 1014.300 through 1014.310 apply:

(1) Shall not apply any rule con-cerning the actual or potential paren-tal, family, or marital status of a stu-dent or applicant that treats personsdifferently on the basis of sex;

(2) Shall not discriminate against orexclude any person on the basis ofpregnancy, childbirth, termination ofpregnancy, or recovery therefrom, orestablish or follow any rule or practicethat so discriminates or excludes;

(3) Subject to 1014.235(d), shalltreat disabilities related to pregnancy,childbirth, termination of pregnancy,or recovery therefrom in the samemanner and under the same policies asany other temporary disability orphysical condition; and

(4) Shall not make pre-admission in-quiry as to the marital status of an ap-plicant for admission, including wheth-er such applicant is Miss or Mrs.A recipient may make pre-admissioninquiry as to the sex of an applicant foradmission, but only if such inquiry ismade equally of such applicants of bothsexes and if the results of such inquiryare not used in connection with dis-crimination prohibited by these TitleIX regulations.

1014.305 Preference in admission.

A recipient to which 1014.300through 1014.310 apply shall not givepreference to applicants for admission,on the basis of attendance at any edu-cational institution or other school orentity that admits as students only orpredominantly members of one sex, ifthe giving of such preference has theeffect of discriminating on the basis ofsex in violation of 1014.300 through1014.310.

1014.310 Recruitment.(a) Nondiscriminatory recruitment. A

recipient to which 1014.300 through1014.310 apply shall not discriminateon the basis of sex in the recruitmentand admission of students. A recipientmay be required to undertake addi-tional recruitment efforts for one sexas remedial action pursuant to 1014.110(a), and may choose to undertakesuch efforts as affirmative action pur-suant to 1014.110(b).

(b) Recruitment at certain institutions.A recipient to which 1014.300through 1014.310 apply shall not re-cruit primarily or exclusively at edu-cational institutions, schools, or enti-ties that admit as students only or pre-dominantly members of one sex, if suchactions have the effect of discrimi-nating on the basis of sex in violationof 1014.300 through 1014.310.

Subpart DDiscrimination on theBasis of Sex in Education Pro-grams or Activities Prohibited

1014.400 Education programs or ac-tivities.

(a) General. Except as provided else-where in these Title IX regulations, noperson shall, on the basis of sex, be ex-cluded from participation in, be deniedthe benefits of, or be subjected to dis-crimination under any academic, ex-tracurricular, research, occupationaltraining, or other education programor activity operated by a recipient thatreceives Federal financial assistance.Sections 1014.400 through 1014.455 donot apply to actions of a recipient inconnection with admission of its stu-dents to an education program or ac-tivity of a recipient to which 1014.300 through 1014.310 do not apply, oran entity, not a recipient, to which 1014.300 through 1014.310 would notapply if the entity were a recipient.

(b) Specific prohibitions. Except as pro-vided in 1014.400 through 1014.455, inproviding any aid, benefit, or service toa student, a recipient shall not, on thebasis of sex:

(1) Treat one person differently fromanother in determining whether suchperson satisfies any requirement orcondition for the provision of such aid,benefit, or service;


23


(2) Provide different aid, benefits, orservices or provide aid, benefits, orservices in a different manner;

(3) Deny any person any such aid,benefit, or service;

(4) Subject any person to separate ordifferent rules of behavior, sanctions,or other treatment;

(5) Apply any rule concerning thedomicile or residence of a student orapplicant, including eligibility for in-state fees and tuition;

(6) Aid or perpetuate discriminationagainst any person by providing sig-nificant assistance to any agency, or-ganization, or person that discrimi-nates on the basis of sex in providingany aid, benefit, or service to studentsor employees;

(7) Otherwise limit any person in theenjoyment of any right, privilege, ad-vantage, or opportunity.

(c) Assistance administered by a recipi-ent educational institution to study at aforeign institution. A recipient edu-cational institution may administer orassist in the administration of scholar-ships, fellowships, or other awards es-tablished by foreign or domestic wills,trusts, or similar legal instruments, orby acts of foreign governments and re-stricted to members of one sex, thatare designed to provide opportunitiesto study abroad, and that are awardedto students who are already matricu-lating at or who are graduates of therecipient institution; Provided, that arecipient educational institution thatadministers or assists in the adminis-tration of such scholarships, fellow-ships, or other awards that are re-stricted to members of one sex pro-vides, or otherwise makes available,reasonable opportunities for similarstudies for members of the other sex.Such opportunities may be derivedfrom either domestic or foreignsources.

(d) Aids, benefits or services not pro-vided by recipient. (1) This paragraph (d)applies to any recipient that requiresparticipation by any applicant, stu-dent, or employee in any educationprogram or activity not operated whol-ly by such recipient, or that facilitates,permits, or considers such participa-tion as part of or equivalent to an edu-cation program or activity operated bysuch recipient, including participation

in educational consortia and coopera-tive employment and student-teachingassignments.

(2) Such recipient:(i) Shall develop and implement a

procedure designed to assure itself thatthe operator or sponsor of such othereducation program or activity takes noaction affecting any applicant, student,or employee of such recipient thatthese Title IX regulations would pro-hibit such recipient from taking; and

(ii) Shall not facilitate, require, per-mit, or consider such participation ifsuch action occurs.

1014.405 Housing.(a) Generally. A recipient shall not,

on the basis of sex, apply differentrules or regulations, impose differentfees or requirements, or offer differentservices or benefits related to housing,except as provided in this section (in-cluding housing provided only to mar-ried students).

(b) Housing provided by recipient. (1) Arecipient may provide separate housingon the basis of sex.

(2) Housing provided by a recipient tostudents of one sex, when compared tothat provided to students of the othersex, shall be as a whole:

(i) Proportionate in quantity to thenumber of students of that sex apply-ing for such housing; and

(ii) Comparable in quality and cost tothe student.

(c) Other housing. (1) A recipient shallnot, on the basis of sex, administer dif-ferent policies or practices concerningoccupancy by its students of housingother than that provided by such re-cipient.

(2)(i) A recipient which, through so-licitation, listing, approval of housing,or otherwise, assists any agency, orga-nization, or person in making housingavailable to any of its students, shalltake such reasonable action as may benecessary to assure itself that suchhousing as is provided to students ofone sex, when compared to that pro-vided to students of the other sex, is asa whole:

(A) Proportionate in quantity; and(B) Comparable in quality and cost to

the student.(ii) A recipient may render such as-

sistance to any agency, organization,


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41 CFR Ch. 101 (7101 Edition) 1014.410

or person that provides all or part ofsuch housing to students of only onesex.

1014.410 Comparable facilities.A recipient may provide separate toi-

let, locker room, and shower facilitieson the basis of sex, but such facilitiesprovided for students of one sex shallbe comparable to such facilities pro-vided for students of the other sex.

1014.415 Access to course offerings.(a) A recipient shall not provide any

course or otherwise carry out any of itseducation program or activity sepa-rately on the basis of sex, or require orrefuse participation therein by any ofits students on such basis, includinghealth, physical education, industrial,business, vocational, technical, homeeconomics, music, and adult educationcourses.

(b)(1) With respect to classes and ac-tivities in physical education at the el-ementary school level, the recipientshall comply fully with this section asexpeditiously as possible but in noevent later than one year from Sep-tember 29, 2000. With respect to phys-ical education classes and activities atthe secondary and post-secondary lev-els, the recipient shall comply fullywith this section as expeditiously aspossible but in no event later thanthree years from September 29, 2000.

(2) This section does not prohibitgrouping of students in physical edu-cation classes and activities by abilityas assessed by objective standards ofindividual performance developed andapplied without regard to sex.

(3) This section does not prohibit sep-aration of students by sex within phys-ical education classes or activities dur-ing participation in wrestling, boxing,rugby, ice hockey, football, basketball,and other sports the purpose or majoractivity of which involves bodily con-tact.

(4) Where use of a single standard ofmeasuring skill or progress in a phys-ical education class has an adverse ef-fect on members of one sex, the recipi-ent shall use appropriate standardsthat do not have such effect.

(5) Portions of classes in elementaryand secondary schools, or portions ofeducation programs or activities, that

deal exclusively with human sexualitymay be conducted in separate sessionsfor boys and girls.

(6) Recipients may make require-ments based on vocal range or qualitythat may result in a chorus or chorusesof one or predominantly one sex.

1014.420 Access to schools operatedby LEAs.

A recipient that is a local edu-cational agency shall not, on the basisof sex, exclude any person from admis-sion to:

(a) Any institution of vocational edu-cation operated by such recipient; or

(b) Any other school or educationalunit operated by such recipient, unlesssuch recipient otherwise makes avail-able to such person, pursuant to thesame policies and criteria of admission,courses, services, and facilities com-parable to each course, service, and fa-cility offered in or through suchschools.

1014.425 Counseling and use of ap-praisal and counseling materials.

(a) Counseling. A recipient shall notdiscriminate against any person on thebasis of sex in the counseling or guid-ance of students or applicants for ad-mission.

(b) Use of appraisal and counseling ma-terials. A recipient that uses testing orother materials for appraising or coun-seling students shall not use differentmaterials for students on the basis oftheir sex or use materials that permitor require different treatment of stu-dents on such basis unless such dif-ferent materials cover the same occu-pations and interest areas and the useof such different materials is shown tobe essential to eliminate sex bias. Re-cipients shall develop and use internalprocedures for ensuring that such ma-terials do not discriminate on the basisof sex. Where the use of a counselingtest or other instrument results in asubstantially disproportionate numberof members of one sex in any particularcourse of study or classification, therecipient shall take such action as isnecessary to assure itself that such dis-proportion is not the result of discrimi-nation in the instrument or its applica-tion.


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(c) Disproportion in classes. Where arecipient finds that a particular classcontains a substantially dispropor-tionate number of individuals of onesex, the recipient shall take such ac-tion as is necessary to assure itselfthat such disproportion is not the re-sult of discrimination on the basis ofsex in counseling or appraisal mate-rials or by counselors.

1014.430 Financial assistance.(a) General. Except as provided in

paragraphs (b) and (c) of this section,in providing financial assistance to anyof its students, a recipient shall not:

(1) On the basis of sex, provide dif-ferent amounts or types of such assist-ance, limit eligibility for such assist-ance that is of any particular type orsource, apply different criteria, or oth-erwise discriminate;

(2) Through solicitation, listing, ap-proval, provision of facilities, or otherservices, assist any foundation, trust,agency, organization, or person thatprovides assistance to any of such re-cipients students in a manner that dis-criminates on the basis of sex; or

(3) Apply any rule or assist in appli-cation of any rule concerning eligi-bility for such assistance that treatspersons of one sex differently from per-sons of the other sex with regard tomarital or parental status.

(b) Financial aid established by certainlegal instruments. (1) A recipient mayadminister or assist in the administra-tion of scholarships, fellowships, orother forms of financial assistance es-tablished pursuant to domestic or for-eign wills, trusts, bequests, or similarlegal instruments or by acts of a for-eign government that require thatawards be made to members of a par-ticular sex specified therein; Provided,that the overall effect of the award ofsuch sex-restricted scholarships, fel-lowships, and other forms of financialassistance does not discriminate on thebasis of sex.

(2) To ensure nondiscriminatoryawards of assistance as required inparagraph (b)(1) of this section, recipi-ents shall develop and use proceduresunder which:

(i) Students are selected for award offinancial assistance on the basis ofnondiscriminatory criteria and not on

the basis of availability of funds re-stricted to members of a particular sex;

(ii) An appropriate sex-restrictedscholarship, fellowship, or other formof financial assistance is allocated toeach student selected under paragraph(b)(2)(i) of this section; and

(iii) No student is denied the awardfor which he or she was selected underparagraph (b)(2)(i) of this section be-cause of the absence of a scholarship,fellowship, or other form of financialassistance designated for a member ofthat students sex.

(c) Athletic scholarships. (1) To the ex-tent that a recipient awards athleticscholarships or grants-in-aid, it mustprovide reasonable opportunities forsuch awards for members of each sex inproportion to the number of studentsof each sex participating in inter-scholastic or intercollegiate athletics.

(2) A recipient may provide separateathletic scholarships or grants-in-aidfor members of each sex as part of sep-arate athletic teams for members ofeach sex to the extent consistent withthis paragraph (c) and 1014.450.

1014.435 Employment assistance tostudents.

(a) Assistance by recipient in makingavailable outside employment. A recipi-ent that assists any agency, organiza-tion, or person in making employmentavailable to any of its students:

(1) Shall assure itself that such em-ployment is made available withoutdiscrimination on the basis of sex; and

(2) Shall not render such services toany agency, organization, or personthat discriminates on the basis of sexin its employment practices.

(b) Employment of students by recipi-ents. A recipient that employs any ofits students shall not do so in a mannerthat violates 1014.500 through 1014.550.

1014.440 Health and insurance bene-fits and services.

Subject to 1014.235(d), in providinga medical, hospital, accident, or life in-surance benefit, service, policy, or planto any of its students, a recipient shallnot discriminate on the basis of sex, orprovide such benefit, service, policy, orplan in a manner that would violate 1014.500 through 1014.550 if it were


26

41 CFR Ch. 101 (7101 Edition) 1014.445

provided to employees of the recipient.This section shall not prohibit a recipi-ent from providing any benefit or serv-ice that may be used by a different pro-portion of students of one sex than ofthe other, including family planningservices. However, any recipient thatprovides full coverage health serviceshall provide gynecological care.

1014.445 Marital or parental status.(a) Status generally. A recipient shall

not apply any rule concerning a stu-dents actual or potential parental,family, or marital status that treatsstudents differently on the basis of sex.

(b) Pregnancy and related conditions.(1) A recipient shall not discriminateagainst any student, or exclude anystudent from its education program oractivity, including any class or extra-curricular activity, on the basis of suchstudents pregnancy, childbirth, falsepregnancy, termination of pregnancy,or recovery therefrom, unless the stu-dent requests voluntarily to partici-pate in a separate portion of the pro-gram or activity of the recipient.

(2) A recipient may require such astudent to obtain the certification of aphysician that the student is phys-ically and emotionally able to continueparticipation as long as such a certifi-cation is required of all students forother physical or emotional conditionsrequiring the attention of a physician.

(3) A recipient that operates a por-tion of its education program or activ-ity separately for pregnant students,admittance to which is completely vol-untary on the part of the student asprovided in paragraph (b)(1) of this sec-tion, shall ensure that the separateportion is comparable to that offeredto non-pregnant students.

(4) Subject to 1014.235(d), a recipi-ent shall treat pregnancy, childbirth,false pregnancy, termination of preg-nancy and recovery therefrom in thesame manner and under the same poli-cies as any other temporary disabilitywith respect to any medical or hospitalbenefit, service, plan, or policy thatsuch recipient administers, operates,offers, or participates in with respectto students admitted to the recipientseducational program or activity.

(5) In the case of a recipient that doesnot maintain a leave policy for its stu-

dents, or in the case of a student whodoes not otherwise qualify for leaveunder such a policy, a recipient shalltreat pregnancy, childbirth, false preg-nancy, termination of pregnancy, andrecovery therefrom as a justificationfor a leave of absence for as long a pe-riod of time as is deemed medicallynecessary by the students physician,at the conclusion of which the studentshall be reinstated to the status thatshe held when the leave began.

1014.450 Athletics.

(a) General. No person shall, on thebasis of sex, be excluded from partici-pation in, be denied the benefits of, betreated differently from another per-son, or otherwise be discriminatedagainst in any interscholastic, inter-collegiate, club, or intramural ath-letics offered by a recipient, and no re-cipient shall provide any such athleticsseparately on such basis.

(b) Separate teams. Notwithstandingthe requirements of paragraph (a) ofthis section, a recipient may operate orsponsor separate teams for members ofeach sex where selection for suchteams is based upon competitive skillor the activity involved is a contactsport. However, where a recipient oper-ates or sponsors a team in a particularsport for members of one sex but oper-ates or sponsors no such team for mem-bers of the other sex, and athletic op-portunities for members of that sexhave previously been limited, membersof the excluded sex must be allowed totry out for the team offered unless thesport involved is a contact sport. Forthe purposes of these Title IX regula-tions, contact sports include boxing,wrestling, rugby, ice hockey, football,basketball, and other sports the pur-pose or major activity of which in-volves bodily contact.

(c) Equal opportunity. (1) A recipientthat operates or sponsors inter-scholastic, intercollegiate, club, or in-tramural athletics shall provide equalathletic opportunity for members ofboth sexes. In determining whetherequal opportunities are available, thedesignated agency official will con-sider, among other factors:

(i) Whether the selection of sportsand levels of competition effectively


27


accommodate the interests and abili-ties of members of both sexes;

(ii) The provision of equipment andsupplies;

(iii) Scheduling of games and prac-tice time;

(iv) Travel and per diem allowance;(v) Opportunity to receive coaching

and academic tutoring;(vi) Assignment and compensation of

coaches and tutors;(vii) Provision of locker rooms, prac-

tice, and competitive facilities;(viii) Provision of medical and train-

ing facilities and services;(ix) Provision of housing and dining

facilities and services;(x) Publicity.(2) For purposes of paragraph (c)(1) of

this section, unequal aggregate expend-itures for members of each sex or un-equal expenditures for male and femaleteams if a recipient operates or spon-sors separate teams will not constitutenoncompliance with this section, butthe designated agency official mayconsider the failure to provide nec-essary funds for teams for one sex inassessing equality of opportunity formembers of each sex.

(d) Adjustment period. A recipient thatoperates or sponsors interscholastic,intercollegiate, club, or intramuralathletics at the elementary schoollevel shall comply fully with this sec-tion as expeditiously as possible but inno event later than one year from Sep-tember 29, 2000. A recipient that oper-ates or sponsors interscholastic, inter-collegiate, club, or intramural ath-letics at the secondary or postsec-ondary school level shall comply fullywith this section as expeditiously aspossible but in no event later thanthree years from September 29, 2000.

1014.455 Textbooks and curricularmaterial.

Nothing in these Title IX regulationsshall be interpreted as requiring or pro-hibiting or abridging in any way theuse of particular textbooks or cur-ricular materials.

Subpart EDiscrimination on theBasis of Sex in Employment inEducation Programs or Activi-ties Prohibited

1014.500 Employment.(a) General. (1) No person shall, on

the basis of sex, be excluded from par-ticipation in, be denied the benefits of,or be subjected to discrimination inemployment, or recruitment, consider-ation, or selection therefor, whetherfull-time or part-time, under any edu-cation program or activity operated bya recipient that receives Federal finan-cial assistance.

(2) A recipient shall make all em-ployment decisions in any educationprogram or activity operated by suchrecipient in a nondiscriminatory man-ner and shall not limit, segregate, orclassify applicants or employees in anyway that could adversely affect any ap-plicants or employees employmentopportunities or status because of sex.

Documents

Subtitle C—Federal Property Management … Federal Property Management Regulations System described in this subpart is established and shall be used by General Services Administration