[Code of Federal Regulations]
[Title 14, Volume 5, Parts 1200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1250.104]

[Page 216-218]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1250--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF NASA--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964--Table of Contents
 
Sec. 1250.104  Assurances.

    (a) General requirement. Every application for Federal financial 
assistance to carry out a program to which this part applies, and every 
application for Federal financial assistance to provide a facility 
shall, as a condition to its approval and the extension of any Federal 
financial assistance pursuant to the application, contain, be 
accompanied by, or identify and make reference to, an assurance that the 
program will be conducted or the facility operated in compliance with 
all requirements imposed by or pursuant to this part. If the assurance 
is not made a part of the application, the application shall identify 
the assurance which is applicable to the application. One assurance 
shall suffice for all applications of an applicant if the assurance 
complies with the conditions made applicable by this part to each such 
application for Federal financial assistance.

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Every assurance shall include provisions which give the United States a 
right to seek its judicial enforcement.
    (b) Duration of assurances. The period of time to be covered by the 
assurances required under this Sec. 1250.104 shall be as follows:
    (1) Real property. In the case of an application for Federal 
financial assistance for providing real property or structures thereon, 
the assurance shall obligate the recipient, or in the case of a 
subsequent transfer, the transferee, for the period during which the 
real property or structures are used for a purpose for which the Federal 
financial assistance is extended or for another purpose involving the 
provision of similar services or benefits.
    (2) Personal property. In the case of an application for Federal 
financial assistance for providing personal property, the assurance 
shall obligate the recipient for the period during which he retains 
ownership or possession of the property.
    (3) Other kinds of Federal financial assistance. In the case of an 
application for any other kind of Federal financial assistance, the 
assurance shall obligate the recipient for the period during which 
Federal financial assistance is extended pursuant to the application.
    (c) Assurances for research, training, or educational programs. (1) 
In the case of application by an institution of higher education or any 
other organization for Federal financial assistance for a program or 
activity which involves participation by students, fellows or trainees, 
including but not limited to assistance for research, training, or the 
provision of facilities, the assurance required by this Sec. 1250.104 
shall extend to admission practices and to all other practices relating 
to the treatment of students or other participants.
    (2) The assurances from such an applicant shall be applicable to the 
entire organization of the applicant unless the applicant establishes, 
to the satisfaction of the officer administering the program or activity 
involved, that its practices in designated parts or programs of the 
organization of the applicant will in no way affect its practices in the 
program of the applicant for which Federal financial assistance is 
sought, or the beneficiaries of or participants in such program.
    (d) Assurances for construction of facilities. (1) In the case of 
assistance for the construction of a facility, or part thereof, the 
assurance shall extend to the entire facility and to facilities operated 
in connection therewith. In grants to assist in the construction of 
facilities for the provision of research, training, or educational 
services, assurances will be required that services will be provided 
without discrimination, to the same extent that discrimination would be 
forbidden as a condition of grants for the support of such services. 
Thus, as a condition of grants for the construction of academic, 
research or other facilities at institutions of higher education, 
assurances will be required that there will be no discrimination in the 
admission or treatment of students. Also, see paragraph (c) of this 
section for the requirement as to the applicability of the assurance to 
the applicant's organization.
    (2) In other construction grants the assurances required will 
similarly be adapted to the nature of the activities to be conducted in 
the facilities for construction of which the grants have been authorized 
by Congress.
    (e) Instrument effecting or recording transfers of real property. 
The instrument effecting or recording the transfer, shall contain a 
covenant running with the land assuring nondiscrimination for the period 
during which the real property is used for a purpose for which the 
Federal financial assistance is extended or for another purpose 
involving the provision of similar services or benefits. Where no 
transfer of property is involved, but property is improved under a 
program of Federal financial assistance, the recipient shall agree to 
include such a covenant in any subsequent transfer of such property. 
Where the property is obtained from the Federal Government, such 
covenant may also include a condition coupled with a right to be 
reserved by NASA to revert title to the property in the event of a 
breach of the covenant where, in the discretion of the responsible NASA 
official, such a condition and right of reverter is appropriate to

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the program under which the real property is obtained and to the nature 
of the grant and the grantee.
    (f) Assurances for transfer of surplus real property. Transfers of 
surplus property are subject to regulations issued by the Administrator 
of General Services (41 CFR 101-6.2).
    (g) Form of assurances. The responsible NASA officials shall specify 
the form of assurances required by this Sec. 1250.104 and the extent to 
which like assurances will be required by subgrantees, contractors and 
subcontractors, transferees, successors in interest, and other 
participants in the program.
    (h) Requests for proposals. Any request for proposals issued by NASA 
which relates to covered financial assistance listed in appendix A shall 
have set forth therein or have attached thereto the assurance prescribed 
in accordance with paragraph (g) of this section, and shall require that 
the proposer either include the assurance as a part of his signed 
proposal or identify and refer to an assurance already signed and 
submitted by the proposer.

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 17937, July 5, 1973]