Rule2026-04486
General Services Property Management Regulation (GSPMR); Nondiscrimination on the Basis of the Age Act Regulation for Programs or Activities Receiving Federal Financial Assistance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 6, 2026
Effective
March 6, 2026
Issuing agencies
General Services Administration
Abstract
The General Services Administration (GSA) is publishing a rule to migrate, without policy change, GSA's regulations implementing the Age Discrimination Act of 1975 (Age Act), from the government-wide Federal Property Management Regulation (FPMR) to the GSA regulations codified regulations in the General Services Property Management Regulations (GSPMR).
Full Text
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<title>Federal Register, Volume 91 Issue 44 (Friday, March 6, 2026)</title>
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[Federal Register Volume 91, Number 44 (Friday, March 6, 2026)]
[Rules and Regulations]
[Pages 10971-10978]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04486]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-8 and 105-9
[GSPMR Case 2026-01; Docket No. GSA-GSA-2026-0067 Sequence No. 1]
RIN 3090-AK12
General Services Property Management Regulation (GSPMR);
Nondiscrimination on the Basis of the Age Act Regulation for Programs
or Activities Receiving Federal Financial Assistance
AGENCY: Office of Government-wide Policy (OGP), U.S. General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is publishing a rule
to migrate, without policy change,
[[Page 10972]]
GSA's regulations implementing the Age Discrimination Act of 1975 (Age
Act), from the government-wide Federal Property Management Regulation
(FPMR) to the GSA regulations codified regulations in the General
Services Property Management Regulations (GSPMR).
DATES: This rule is effective March 6, 2026.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Deborah Cullins-Threets, Senior Equal Opportunity Specialist, Office of
Civil Rights (OCR), at 202-501-0767 or <a href="/cdn-cgi/l/email-protection#e48081868b96858cca908c9681819097a4839785ca838b92"><span class="__cf_email__" data-cfemail="f59190979a87949ddb819d8790908186b5928694db929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Federal agencies are responsible for issuing regulations and
guidance that clearly communicate their statutory responsibilities to
the public. Executive Order 13891 (E.O. 13891), Promoting the Rule of
Law Through Improved Agency Guidance Documents, establishes government-
wide standards to ensure that guidance documents are transparent,
accessible, and properly identified as non-binding unless authorized by
law. Further, E.O. 13891 directs agencies to organize and maintain
their guidance in a manner that reflects their purpose, ensures public
availability, and reinforces the distinction between regulations and
non-regulatory interpretive materials.
Likewise, E.O. 13777, Enforcing the Regulatory Reform Agenda,
required Federal agencies to evaluate existing regulations to implement
regulatory reform initiatives and policies in order to streamline,
clarify, or eliminate unnecessary or outdated requirements. In response
to E.O. 13777, GSA initiated a comprehensive review of its regulatory
portfolio.
During GSA's review of its regulations, the Agency determined that
its implementing regulation for the Age Act was improperly codified in
the FPMR at 41 CFR part 101-8.7. The FPMR contains government-wide
policy and guidance that applies across Federal agencies; however, the
regulations at issue prohibit age discrimination in programs and
activities of entities receiving Federal financial assistance through
GSA and should be relocated to the GSPMR at 41 CFR part 105, which
contains regulations that apply only to GSA. Relocating the regulations
embraces the spirit and intent of E.O. 13777 to eliminate unnecessary
regulatory costs by allowing GSA to close out the FPMR. See also E.O.
13771 Reducing Regulation and Controlling Regulatory Costs.
In summary, relocating the Age Act regulation is necessary to
correct the regulatory placement, improve transparency and public
understanding, and ensure consistency with E.O. 13777.
Purpose of the Regulation
The legislative history of the Age Act reflects Congress's findings
that age-based discrimination in federally assisted programs and
activities constituted a barrier to full and fair participation by
individuals of all ages. Congress identified a national need to
establish uniform protections against age discrimination, consistent
with its broader efforts to address age-related inequities, including
those reflected in contemporaneous initiatives concerning older workers
and older Americans. In November 1975, Congress enacted the Age Act as
an amendment to the Older Americans Act (Pub. L. 94-135) to prohibit
discrimination on the basis of age in all programs and activities
receiving Federal financial assistance (42 U.S.C. 6101 et seq.). Within
the text of the statute, Congress directed the U.S. Department of
Health and Human Services (HHS) to issue regulations necessary to carry
out the law. (42 U.S.C. 6103). Pursuant to this mandate, HHS
promulgated government-wide regulations that require the head of each
agency that extends federal financial assistance to any program or
activity to publish regulations prohibiting age discrimination in the
recipient's programs and activities. (45 CFR part 90). This statutory
and regulatory framework provides the basis and authority for GSA's
regulation and supports the agency's continued obligation to maintain
and update its implementing regulation.
GSA provides federal assistance through grants, public conveyances,
and state surplus property programs and must hold its recipients
accountable to the requirements of the Age Act and GSA's regulation.
For example, GSA is required to define how the regulation applies to
those programs, and establish its own compliance procedures, including
a process for addressing complaints of age discrimination.
GSA's Age Act regulation gives GSA clear authority to conduct
compliance reviews, investigate complaints, impose corrective actions,
and enforce nondiscrimination requirements on recipients of GSA
assistance. Without its own regulation, GSA could not formally impose
requirements or take enforcement action to ensure compliance.
Additionally, GSA's regulation ensures that compliance requirements
are tailored to real property, surplus property, and unique GSA
assistance programs; processes that align with other GSA civil rights
regulations, and compliance procedures that reflect GSA structure and
workflows.
Having its own regulation ensures that GSA can update relevant
terminology when necessary, modernize complaint-processing processes;
add procedural clarity; and ensure alignment with current executive
orders and the standards of other enforcement agencies.
Moreover, the regulation continues to be necessary because it
provides protections for individuals interacting with GSA-funded
programs; establishes clear expectations for GSA's recipients; supports
GSA's compliance with government-wide civil rights responsibilities;
and provides transparency, oversight, and accountability mechanisms to
prevent age discrimination. GSA's regulation provides procedures to
administer and authority to enforce the Age Act.
No Substantive Policy Change
The migration of GSA's Age Act regulation makes no amendments to
the underlying regulatory text; rather, it places the regulation in the
appropriate part of the CFR to align with GSA's organizational
structure and regulatory framework.
II. Discussion of the Final Rule
The revisions are administrative and non-substantive in nature.
They do not modify policy intent, regulatory requirements, or program
operations. Because the action has no economic impact, no additional
costs, and no effect on the rights or responsibilities of any party, it
does not constitute a significant regulatory action. The non-
substantive changes are updating the numbering and cross-references due
to the move to a new subpart, and the two sections with definitions
have been combined into one to streamline the regulation.
III. Administrative Procedure Act
This rulemaking is exempt from the advance notice-and-comment and
delayed-effective-date requirements of the Administrative Procedure Act
(APA) pursuant to 5 U.S.C. 553(a)(2), because this rulemaking relates
to agency management or personnel or to public property, loans, grants,
benefits, or contracts. This rulemaking relates to both GSA's agency
management and public property because it applies to Federally owned
facilities under the jurisdiction, custody and control of GSA and the
disposition of personal property.
[[Page 10973]]
IV. Executive Orders 12866, 13563, and 14192
E.O. 12866 (Regulatory Planning and Review) directs agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits. E.O. 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. The Office of Management and Budget's Office of
Information and Regulatory Affairs (OIRA) has determined that this rule
is a significant regulatory action and, therefore, it was reviewed
under Section 6(b) of E.O. 12866. This rule is not an E.O. 14192
regulatory action because this rulemaking is related to agency
organization, management, or personnel.
V. Congressional Review Act
This rule does not meet the definition of a rule under 5 U.S.C.
804. OIRA has determined that this rule does not meet the definition of
a major rule under 5 U.S.C. 804. Title II, Subtitle E of the Small
Business Regulatory Enforcement Fairness Act of 1996 (codified at 5
U.S.C. 801-808), is also known as the Congressional Review Act or CRA.
The CRA generally provides that before a rule may take effect, unless
excepted, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. This rule is excepted
from CRA reporting requirements prescribed under 5 U.S.C. 801 as it
relates to agency management or personnel under 5 U.S.C. 804(3)(B).
VI. Regulatory Flexibility Act
This final rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This final rule is
also exempt from the APA pursuant to 5 U.S.C. 553(a)(2) because it
applies to agency management or personnel or to public property, loans,
grants, benefits, or contracts. Therefore, an Initial Regulatory
Flexibility Analysis was not performed.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of OMB
under 44 U.S.C. 3501, et seq.
Edward Forst,
Administrator.
For the reasons set forth in the preamble, GSA amends 41 CFR
subchapter A as follows:
0
1. The authority citation for Title 41 CFR part 101-8 continues to read
as follows:
Authority: Title 40 U.S.C. 121(c).
PART 101-8.7 [REMOVED]
0
2. Remove subpart 101-8.7, consisting of Sec. Sec. 101-8.700 through
101-8.725.
0
3. Add part 105-9 to read as follows:
Subpart 105-9--Discrimination Prohibited on the Basis of Age
Sec.
105-9.101 Purpose of the Age Discrimination Act of 1975.
105-9.102 Scope of General Services Administration's age
discrimination regulation.
105-9.103 Applicability.
105-9.104 Definitions of terms.
105-9.105 Rules against age discrimination.
105-9.106 Exceptions to the rules against age discrimination
105-9.107 Reasonable factors other than age.
105-9.108 Burden of proof.
105-9.109 Affirmative action by recipient.
105-9.110 Special benefits for children and the elderly.
105-9.111 Age distinctions contained in General Services
Administration regulation.
105-9.112 General responsibilities.
105-9.113 Notice to subrecipients and beneficiaries.
105-9.114 Assurance of compliance and recipient assessment of age
distinctions.
105-9.115 Information requirements.
105-9.116 Compliance reviews.
105-9.117 Complaints.
105-9.118 Mediation.
105-9.119 Investigation.
105-9.120 Prohibition against intimidation or retaliation.
105-9.121 Compliance procedure.
105-9.122 Hearings.
105-9.123 Decisions and notices.
105-9.124 Remedial action by recipient.
105-9.125 Exhaustion of administrative remedies.
105-9.126 Alternate funds disbursal.
Authority: Title 40 U.S.C. 121(c).
Sec. 105-9.101 Purpose of the Age Discrimination Act of 1975.
The Age Discrimination Act of 1975, as amended, prohibits
discrimination on the basis of age in programs or activities receiving
Federal financial assistance.
Sec. 105-9.102 Scope of General Services Administration's age
discrimination regulation.
This regulation sets out General Services Administration's (GSA)
policies and procedures under the Age Discrimination Act of 1975, as
amended, in accordance with 45 CFR part 90. The Act and the Federal
regulation permits Federally assisted programs or activities to
continue to use certain age distinctions and factors other than age
which meet the requirements of the Act and its implementing
regulations.
Sec. 105-9.103 Applicability.
(a) The regulation applies to each GSA recipient and to each
program or activity operated by the recipient.
(b) The regulations does not apply to:
(1) An age distinction contained in that part of Federal, State,
local statute or ordinance adopted by an elected, general purpose
legislative body that:
(i) Provides any benefits or assistance to persons based on age;
(ii) Establishes criteria for participation in age-related terms;
or
(iii) Describes intended beneficiaries or target groups in age-
related terms.
(2) Any employment practice of any employer, employment agency,
labor organization or any labor-management apprenticeship training
program, except for any program or activity receiving Federal financial
assistance for public service employment.
Sec. 105-9.104 Definitions of terms.
As used in these regulations, the term: Act means the Age
Discrimination Act of 1975, as amended (Title III of Pub. L. 94-135).
Action means any act, activity, policy, rule, standard, or method
of administration.
Age means how old a person is, or the number of years from the date
of a person's birth.
Age distinction means any action using age or an age-related term.
Age-related term means a word or words that imply a particular age
or range or ages (for example, children, adults, older person, but not
student).
Agency means a Federal department or agency empowered to extend
Federal financial assistance.
Agency Responsible Officials means:
(1) Administrator means the Administrator of General Services.
(2) Director, Office of Civil Rights means the individual
responsible for managing the agency's nondiscrimination Federal
financial assistance policy, or his or her designee.
Federal financial assistance means-
(1) Grants and loans of Federal funds,
[[Page 10974]]
(2) The grant or donation of Federal property and interests in
property,
(3) the services of Federal personnel,
(4) the sale and lease of, and the permission to use (on other than
a casual or transient basis), Federal property or any interest in such
property without consideration or at a nominal consideration, or at a
consideration which is reduced for the purposes of assisting the
recipient, or in recognition of the public interest to be served by
such sale or lease to the recipient, and
(5) any Federal agreement, arrangement, or other contract which has
as one of its purposes the provision of assistance.
GSA means the United States General Services Administration.
Normal operation means the operation of a program or activity
without significant changes that would inhibit meeting objectives.
Primary recipient means any recipient which is authorized or
required to extend Federal financial assistance to another recipient.
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a state or of a local government;
(ii) The entity of such state and local government that distributes
such assistance and each such department or agency (and each other
state or local government entity) to which the assistance is extended,
in the case of assistance to a state or local government;
(2)(i) A college, university, or other postsecondary institution,
or a public system of higher education; or
(ii) A local educational agency (as defined in title 20 U.S.C.
7801), system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraphs (1), (2), or (3) of this definition.
Recipient means any State, political subdivision of any State, or
instrumentality of any State or political subdivision, any public or
private agency, institution, or organization, or any other entity, or
any individual, in any State, to whom Federal financial assistance is
extended, directly or through another recipient, including any
successor, assign, or transferee thereof, but such term does not
include any ultimate beneficiary.
Statutory objective means any purpose of a program or activity
expressly stated in any Federal, State, or local statute or ordinance
adopted by an elected, general purpose legislative body.
Sec. 105-9.105 Rules against age discrimination.
The rules stated in this section are limited by the exceptions
contained in Sec. Sec. 105-9.106 and 105-9.107 of this regulation.
(a) General rule. No person in the United States may on the basis
of age, be excluded from participation, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving
Federal financial assistance from GSA.
(b) Specific rules. A recipient may not, in any program or activity
receiving Federal financial assistance, directly or through contractual
licensing, or other arrangement, use age distinctions or take any other
actions that have the effect on the basis of age, of:
(1) Excluding individuals from participating in, denying them the
benefits of, or subjecting them to discrimination under a program or
activity receiving Federal financial assistance; or
(2) Denying or limiting individual opportunity to participate in
any program or activity receiving Federal financial assistance.
(c) The forms of age discrimination listed in paragraph (b) of this
section are not necessarily a complete list.
Sec. 105-9.106 Exceptions to the rules against age discrimination.
A recipient is permitted to take an action, otherwise prohibited,
if the action reasonably takes into account age as a factor necessary
to the normal operation or achievement of any statutory objective of a
program or activity. An action reasonably takes into account age as a
factor if:
(a) Age is used as a measure or approximation of one or more other
characteristics; and
(b) The other characteristic must be measured or approximated for
the normal operation of the program or activity to continue, or to
achieve any statutory objective of the program or activity; and
(c) The other characteristic can be reasonably measured or
approximated by the use of age; and
(d) The other characteristic is impractical to measure directly on
an individual basis.
Sec. 105-9.107 Reasonable factors other than age.
(a) A recipient is permitted to take an action, otherwise
prohibited by Sec. 105-9.106, which is based on something other than
age, even though the action may have a disproportionate effect on
persons of different ages.
(b) An action may be based on a factor other than age only if the
factor bears a direct and substantial correlation to the normal
operation of the program or activity or to the achievement of a
statutory objective.
Sec. 105-9.108 Burden of proof.
The burden of proving that an age distinction or other action falls
within the exceptions outlined in Sec. 105-9.106 and 105-9.107 is the
recipient's.
Sec. 105-9.109 Affirmative action by recipient.
Even in the absence of a finding of age discrimination, a recipient
may take affirmative action to overcome the effects resulting in
limited participation in the recipient's program or activity.
Sec. 105-9.110 Special benefits for children and the elderly.
If a recipient's program or activity provides special benefits to
the elderly or to children, such use of age distinctions is presumed to
be necessary to the normal operation of the program or activity.
Sec. 105-9.111 Age distinctions contained in General Services
Administration regulation.
Any age distinctions contained in a rule or regulation issued by
GSA are presumed to be necessary to the achievement of a statutory
objective of the program or activity to which the rule or regulation
applies.
Sec. 105-9.112 General responsibilities.
Each recipient of Federal financial assistance from GSA is
responsible for ensuring that its programs or activities comply with
the Act and this regulation and must take steps to eliminate violations
of the Act. A recipient is also
[[Page 10975]]
responsible for maintaining records, providing information, and
affording GSA access to its records to the extent GSA finds necessary
to determine whether the recipient is complying with the Act and this
regulation.
Sec. 105-9.113 Notice to subrecipients and beneficiaries.
(a) If a primary recipient passes on Federal financial assistance
from GSA to subrecipients, the primary recipient provides to
subrecipients, written notice of their obligations under the Act and
this regulation.
(b) Each recipient makes necessary information about the Act and
this regulation available to its beneficiaries to inform them about the
protections against discrimination provided by the Act and this
regulation.
Sec. 105-9.114 Assurance of compliance and recipient assessment of
age distinctions.
(a) Assurance of compliance. Each recipient of Federal financial
assistance from GSA signs a written assurance as specified by GSA that
it intends to comply with the Act and this regulation.
(b) Recipient assessment of age distinctions. (1) As part of a
compliance review under Sec. 105-82.715 or complaint investigation
under Sec. 105-82.718, GSA may require a recipient employing the
equivalent of 15 or more employees to complete a written self-
evaluation of any age distinction imposed in its program or activity
receiving Federal financial assistance from GSA to assess the
recipient's compliance with the Act.
(2) If an assessment indicates a violation of the Act and the GSA
regulation, the recipient takes corrective action.
Sec. 105-9.115 Information requirements.
Each recipient must:
(a) Keep records in a form and containing information that GSA
determines necessary to ensure that the recipient is complying with the
Act and this regulation.
(b) Provide to GSA upon request, information and reports that GSA
determines necessary to find out whether the recipient is complying
with the Act and this regulation.
(c) Permit reasonable access by GSA to books, records, accounts,
facilities, and other sources of information to the extent GSA finds it
necessary to find out whether the recipient is complying with the Act
and this regulation. GSA adopts the policy of the U.S. Department of
Health and Human Services (HHS) regarding the kinds of data and
information recipients are expected to maintain (Title 45 CFR Sec.
90.34). This regulation is parallel to compliance provisions in the
implementing regulations for Title VI of the Civil Rights Act of 1964
(Title VI), Title IX of the Education Amendments Act of 1972, and Sec.
504 of the Rehabilitation Act of 1973. While recognizing the need for
enough data to assess recipient compliance, GSA is committed to
reducing the data gathering burden on recipients. GSA further
recognizes that there is no established body of knowledge or experience
to guide the assessment of age discrimination. This regulation,
therefore, does not impose specific data requirements upon recipients,
rather, it allows GSA to be flexible in deciding what kinds of data
should be kept by recipients, based on what kinds of data prove useful
as GSA gains experience with the Age Discrimination Act, and age
discrimination issues become clearer.
(d) In accordance with the Paperwork Reduction Act of 1980 (Pub. L.
59-511), the reporting and record keeping provisions included in this
regulation will be submitted, for approval, to the Office of Management
and Budget (OMB). No data collection or record keeping requirement will
be imposed on recipients or donees without the required OMB approval
number.
Sec. 105-9.116 Compliance reviews.
(a) GSA may conduct compliance reviews and use similar procedures
to investigate and correct violations of the Act and this regulation.
GSA may conduct the reviews even in the absence of a complaint against
a recipient. The reviews may be as comprehensive as necessary to
determine whether a violation of the Act and this regulation has
occurred.
(b) If a compliance review indicates a violation of the Act or this
regulation, GSA attempts to achieve voluntary compliance with the Act.
If compliance cannot be achieved, GSA arranges for enforcement as
described in Sec. 105-9.121.
Sec. 105-82.117 Complaints.
(a) Any person, individually or as a member of a class (defined at
Sec. 105-9.104 or on behalf of others, may file a complaint with GSA
alleging discrimination prohibited by the Act or this regulation based
on an action occurring after July 1, 1979. A complainant must file a
complaint within 80 days from the date the complainant first has
knowledge of the alleged act of discrimination. However, for good cause
shown, GSA may extend this time limit.
(b) GSA considers the date a complaint is filed to be the date upon
which the complaint is sufficient to be processed.
(c) GSA attempts to facilitate the filing of complaints if
possible, including taking the following measures:
(1) Accepting as a sufficient complaint, any written statement that
identifies the parties involved and the date the complainant first had
knowledge of the alleged violation, describes the action or practice
complained of, and is signed by the complainant;
(2) Freely permitting a complainant to add information to the
complaint to meet the requirements of a sufficient complaint;
(3) Notifying the complainant and the recipient (or their
representative) of their right to contact GSA for information and
assistance regarding the complaint resolution process.
(d) GSA returns to the complainant any complaint outside the
jurisdiction of this regulation, and states the reason(s) why it is
outside the jurisdiction of the regulation.
Sec. 105-9.118 Mediation.
(a) GSA promptly refers to the mediation agency designated by the
Secretary, HHS, all sufficient complaints that:
(1) Fall within the jurisdiction of the Act and this regulation,
unless the age distinction complained of is clearly within an
exception; and
(2) Contain the information needed for further processing.
(b) Both the complainant and the recipient must participate in the
mediation process to the extent necessary to reach an agreement or make
an informed judgement that an agreement is not possible. Both parties
need not meet with the mediator at the same time.
(c) If the complainant and the recipient agree, the mediator will
prepare a written statement of the agreement and have the complainant
and the recipient sign it. The mediator must send a copy of the
agreement to GSA. GSA takes no further action on the complaint unless
the complainant or the recipient fails to comply with the agreement.
(d) The mediator must protect the confidentiality of all
information obtained in the course of the mediation. No mediator may
testify in any adjudicative proceeding, produce any document, or
otherwise disclose any information obtained in the course of the
mediation process without prior approval of the head of the mediation
agency.
(e) The mediation proceeds for a maximum of 60 calendar days after
a
[[Page 10976]]
complaint is filed with GSA. Mediation ends if:
(1) 60 calendar days elapse from the time the complaint is filed;
or
(2) Before the end of the 60 calendar-day period an agreement is
reached; or
(3) Before the end of that 60 calendar-day period, the mediator
finds that an agreement cannot be reached.
(f)The 60 calendar day period may be extended by the mediator, with
the concurrence of GSA, for not more than 30 calendar days if the
mediator determines that agreement is likely to be reached during the
extension period.
(g) The mediator must return unresolved complaints to GSA.
Sec. 105-9.119 Investigation.
(a) Informal investigation. GSA investigates complaints that are
unresolved after mediation or are reopened because of a violation of a
mediation agreement. As part of the initial investigation, GSA uses
informal factfinding methods, including joint or separate discussions
with the complainant and the recipient, to establish the fact and, if
possible, settle the complaint on terms that are mutually agreeable to
the parties. GSA may seek the assistance of any involved State agency.
GSA puts any agreement in writing and has it signed by the parties and
an authorized official designated by the Administrator or the Director,
Office of Organization and Personnel. The settlement may not affect the
operation of any other enforcement efforts of GSA, including compliance
reviews and investigation of other complaints that may involve the
recipient. The settlement is not a finding of discrimination against a
recipient.
(b) Formal investigation. If GSA cannot resolve the complaint
through informal investigation, it begins to develop formal findings
through further investigation of the complaint. If the investigation
indicates a violation of these regulations, GSA attempts to obtain
voluntary compliance. If GSA cannot obtain voluntary compliance, it
begins enforcement as described in Sec. 105-9.121.
Sec. 105-9.120 Prohibition against intimidation or retaliation.
A recipient may not engage in acts of intimidation or retaliation
against any person who:
(a) Attempts to assert a right protected by the Act of this
regulation; or
(b) Cooperates in any mediation, investigation, hearing,
conciliation, and enforcement process.
Sec. 105-9.121 Compliance procedure.
(a) GSA may enforce the Act and these regulations through:
(1) Termination of a recipient's Federal financial assistance from
GSA under the program or activity involved where the recipient has
violated the Act or this regulation. The determination of the
recipient's violation may be made only after a recipient has had an
opportunity for a hearing on the record before an administrative law
judge.
(2) Any other means authorized by law including, but not limited
to:
(i) Referral to the Department of Justice for proceeding to enforce
any rights of the United States or obligations of the recipients
created by the Act or this regulation, or
(ii) Use of any requirement of or referral to any Federal, State,
or local government agency that has the effect of correcting a
violation of the Act or this regulation.
(b) GSA limits any termination to the particular recipient and
program or activity or part of such program or activity GSA finds in
violation of this regulation. GSA does not base any part of a
termination on a finding with respect to any program or activity of the
recipient that does not receive Federal financial assistance from GSA.
(c) GSA takes no action under paragraph (a) of this section until:
(1) The administrator advises the recipient of its failure to
comply with the Act and this regulation and determines that voluntary
compliance cannot be obtained, and
(2) 30 calendar days elapse after the Administrator sends a written
report of the grounds of the action to the committees of Congress
having legislative jurisdiction over the program or activity involved.
The Administrator files a report if any action is taken under paragraph
(a) of this section.
(d) GSA may also defer granting new Federal financial assistance
from GSA to a recipient when a hearing under Sec. 105-9.122 is
initiated.
(1) New Federal financial assistance from GSA includes all
assistance for which GSA requires an application or approval, including
renewal or continuation of existing activities, or authorization of new
activities, during the deferral period. New Federal financial
assistance from GSA does not include assistance approved before the
beginning of a hearing.
(2) GSA does not begin a deferral until the recipient receives
notice of an opportunity for a hearing under Sec. 105-9.122. GSA does
not continue a deferral for more than 60 calendar days unless a hearing
begins within that time or the time for beginning the hearing is
extended by mutual consent of the recipient and the Administrator. GSA
does not continue a deferral for more than 30 calendar days after the
close of the hearing, unless the hearing results in a finding against
the recipient.
(3) GSA limits any deferral to the particular recipient and program
or activity or part of such program or activity GSA finds in violation
of these regulations. GSA does not base any part of a deferral on a
finding with respect to any program or activity of the recipient which
does not, and would not, receive Federal financial assistance from GSA.
Sec. 105-9.122 Hearings.
(a) Opportunity for hearing. Whenever an opportunity for a hearing
is required, reasonable notice shall be given by registered or
certified mail, return receipt requested, to the affected applicant or
recipient. This notice shall advise the applicant or recipient of the
action proposed to be taken, the specific provision under which the
proposed action against it is to be taken, and the matters of fact or
law asserted as the basis for this action; and either fix a date not
less than 20 days after the date of such notice within which the
applicant or recipient may request of the responsible GSA official that
the matter be scheduled for hearing or advise the applicant or
recipient that the matter in question has been set down for hearing at
a stated place and time. The time and place so fixed shall be
reasonable and shall be subject to change for cause. The complainant,
if any, shall be advised of the time and place of the hearing. An
applicant or recipient may waive a hearing and submit written
information and argument for the record. The failure of an applicant or
recipient to request a hearing for which a date has been set shall be
deemed to be a waiver of the right to a hearing under section 602 of
the Act, and consent to the making of a decision on the basis of such
information as may be filed as the record.
(b) Time and place of hearing. Hearings shall be held at GSA in
Washington, DC, at a time fixed by GSA's Associate Administrator, for
the Office of Civil Rights unless he or she determines that the
convenience of the applicant or recipient or of GSA requires that
another place be selected. Hearings/Virtual hearings shall be held
before a hearing examiner designated in accordance with Title 5 U.S.C.
Secs. 3105 and 3344 (section 11 of the Administrative Procedure Act).
(c) Right to counsel. In all proceedings under this section, the
applicant or
[[Page 10977]]
recipient and GSA shall have the right to be represented by counsel.
(d) Procedures, evidence, and record. (1) The hearing, decision,
and any administrative review thereof shall be conducted in conformity
with Secs. 5-8 of the Administrative Procedure Act, and in accordance
with such rules of procedure as are proper (and not inconsistent with
this section) relating to the conduct of the hearing, giving of notices
subsequent to those provided for in paragraph (a) of this section,
taking of testimony, exhibits, arguments and briefs, requests for
findings, and other related matters. Both GSA and the applicant or
recipient shall be entitled to introduce all relevant evidence on the
issues as stated in the notice for hearing or as determined by the
Officer conducting the hearing at the outset of or during the hearings.
Any person (other than a Government employee considered to be on
official business) who, having been invited or requested to appear and
testify as a witness on the Government's behalf, attends at a time and
place scheduled for a hearing provided for by this part, may be
reimbursed for his or her travel and actual expenses of attendance in
an amount not to exceed the amount payable under the standardized
travel regulations to a Government employee traveling on official
business.
(2) Technical rules of evidence shall not apply to hearings
conducted pursuant to this part, but rules or principles designed to
assure production of the most credible evidence available and to
subject testimony to test by cross-examination shall be applied where
reasonably necessary by the officer conducting the hearing. The hearing
officer may exclude irrelevant, immaterial, or unduly repetitious
evidence. All documents and other evidence offered or taken for the
record shall be open to examination by the parties and opportunity
shall be given to refute facts and arguments advances on either side of
the issues. A transcript shall be made of the oral evidence except to
the extent the substance thereof is stipulated for the record. All
decisions shall be based upon the hearing record and written findings
shall be made.
(e) Consolidated Joint Hearings. In cases in which the same or
related facts are asserted to constitute non-compliance with this
regulation with respect to two or more Federal statutes, authorities,
or other means by which Federal financial assistance is extended and to
which this part applies, or noncompliance with this part, and the
regulations of one or more other Federal departments or agencies issued
under Title VI, the responsible GSA official may, by agreement with
such other departments or agencies where applicable, provide for the
conduct of consolidated or joint hearings, and for the application to
such hearings of rules of procedures not inconsistent with this part.
Final decisions in such cases, insofar as this regulation is concerned,
shall be made in accordance with Sec. 105-9.123.
Sec. 105-9.123 Decisions and notices.
(a) Decisions by hearing examiners. After a hearing is held by a
hearing examiner such hearing examiner shall either make an initial
decision, if so authorized, or certify the entire record including his
recommended findings and proposed decision to the Agency designated
reviewing authority for final decision. A copy of such initial decision
or certification shall be mailed to the applicant or recipient and to
the complainant, if any. Where the initial decision referred to in this
paragraph or in paragraph (c) of this section is made by the hearing
examiner, the applicant or recipient or the counsel for GSA may, within
the period provided for in the rules of procedure issued by GSA
official, file with the reviewing authority exceptions to the initial
decision, with his or her reasons therefore. Upon the filing of such
exceptions the reviewing authority shall review the initial decision
and issue a decision including the reasons therefore. In the absence of
exceptions the initial decision shall constitute the final decision,
subject to the provisions of paragraph (e) of this section.
(b) Decisions on record or review by the reviewing authority.
Whenever a record is certified to the reviewing authority for decision
or it reviews the decision of a hearing examiner pursuant to paragraph
(a) or (c) of this section, the applicant or recipient shall be given
reasonable opportunity to file with it briefs or other written
statements of its contentions, and a copy of the final decision of the
reviewing authority shall be given in writing to the applicant or
recipient and to the complainant, if any.
(c) Decisions on record where a hearing is waived. Whenever a
hearing is waived pursuant to Sec. 105-9.122(a) the reviewing
authority shall make its final decision on the record or refer the
matter to a hearing examiner for an initial decision to be made on the
record. A copy of such decision shall be given in writing to the
applicant or recipient, and to the complainant, if any.
(d) Rulings required. Each decision of a hearing examiner or
reviewing authority shall set forth a ruling on each findings,
conclusion, or exception presented, and shall identify the requirement
or requirements imposed by or pursuant to this part with which it is
found that the applicant or recipient has failed to comply.
(e) Review in certain cases by the Administrator. If the
Administrator has not personally made the final decision referred to in
paragraph (a), (b), or (c) of this section, a recipient or applicant or
the counsel for GSA may request the Administrator to review a decision
of the Reviewing Authority in accordance with rules of procedure issued
by the responsible GSA official. Such review is not a matter of right
and shall be granted only where the Administrator determines there are
special and important reasons therefore. The Administrator may grant or
deny such request, in whole or in part. He or she may also review such
a decision in accordance with rules of procedure issued by the
responsible GSA official. In the absence of a review under this
paragraph, a final decision referred to in paragraphs (a), (b), (c) of
this section shall become the final decision of GSA when the
Administrator transmits it as such to Congressional committees with the
report required under section 602 of the Act. Failure of an applicant
or recipient to file an exception with the Reviewing Authority or to
request review under this paragraph shall not be deemed a failure to
exhaust administrative remedies for the purpose of obtaining judicial
review.
(f) Content of orders. The final decision may provide for
suspension or termination of, or refusal to grant or continue Federal
financial assistance, in whole or in part, to which this regulation
applies, and may contain such terms, conditions and other provisions as
are consistent with and will effectuate the purposes of the Act and
this regulation, including provisions designed to assure that no
Federal financial assistance to which this regulation applies will
thereafter be extended under such law or laws to the applicant or
recipient determined by such decision to be in default in its
performance of an assurance given by it pursuant to this regulation, or
to have otherwise failed to comply with this regulation unless and
until it corrects its noncompliance and satisfies the responsible GSA
official that it will fully comply with this regulation.
(g) Post-termination proceedings. (1) An applicant or recipient
adversely affected by an order issued under paragraph (f) of this
section shall be restored to full eligibility to receive Federal
financial assistance if it satisfies the terms and conditions of that
order
[[Page 10978]]
for such eligibility or if it brings itself into compliance with this
part and provides reasonable assurance that it will fully comply with
this part.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (f) of this section may at any time
request the responsible GSA official to restore fully its eligibility
to receive Federal financial assistance. Any such request shall be
supported by information showing that the applicant or recipient has
met the requirements of paragraph (g)(1) of this section. If the
responsible GSA official determines that those requirements have been
satisfied, he or she shall restore such eligibility.
(3) If the responsible GSA official denies any such request, the
applicant or recipient may submit a request for a hearing in writing,
specifying why it believes such official to have been in error. It
shall therefore be given an expeditious hearing, with a decision on the
record, in accordance with rules of procedure issued by the responsible
GSA official. The applicant or recipient will be restored to such
eligibility if it proves at such hearing that it satisfied the
requirements of paragraph (g)(1) of this section. While proceedings
under this paragraph are pending, the sanctions imposed by the order
issued under paragraph (f) of this section shall remain in effect.
Sec. 105-9.124 Remedial action by recipient.
If GSA finds a recipient discriminated against on the basis of age,
the recipient must take any remedial action that GSA may require to
overcome the effects of the discrimination. If another recipient
exercises control over the recipient that discriminated, GSA may
require both recipients to take remedial action.
Sec. 105-9.125 Exhaustion of administrative remedies.
(a) A complainant may file a civil action following the exhaustion
of administrative remedies under the Act. Administrative remedies are
exhausted if:
(1) 180 calendar days elapse after the complainant files the
complaint and GSA makes no finding with regard to the complaint; or
(2) GSA Issues a finding in favor of the recipient.
(b) If GSA fails to make a finding within 180 days or issues a
finding in favor of the recipient, GSA must:
(1) Promptly advise the complainant of this fact;
(2) Advise the complainant of his or her right to bring civil
action for injunctive relief; and
(3) Inform the complainant:
(i) That the complainant may bring civil action only in a United
States district court for the district in which the recipient is
located or transacts business;
(ii) That a complainant prevailing in a civil action has the right
to be awarded the costs of the action, including reasonable attorney's
fees, but that the complainant must demand these costs in the
complaint;
(iii) That before commencing the action the complainant must give
30 calendar days notice by registered mail to the Secretary, HHS, The
Administrator, the Attorney General of the United States, and the
recipient;
(iv) That the notice must state the alleged violation of the Act,
the relief requested, the court in which the complainant is bringing
the action, and whether or not attorney's fees are demanded in the
event the complainant prevails; and
(v) That the complainant may not bring an action if the same
alleged violation of the Act by the same recipient is the subject of a
pending action in any court of the United States.
Sec. 105.9-126 Alternate funds disbursal.
If GSA withholds Federal financial assistance from a recipient
under this regulation, the Administrator may disburse the assistance to
an alternate recipient; any public or nonprofit private organization;
or agency or State or political subdivision of the State. The
Administrator requires any alternate recipient to demonstrate:
(a) The ability to comply with this regulation; and
(b) The ability to achieve the goals of the Federal Statutes
authorizing the Federal financial assistance.
[FR Doc. 2026-04486 Filed 3-5-26; 8:45 am]
BILLING CODE 6820-UD-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.