[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

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

[CITE: 41CFR101-4.115]



[Page 12-13]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-4_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                         Subpart A_Introduction

 

Sec. 101-4.115  Assurance required.



    (a) General. Either at the application stage or the award stage, 

Federal agencies must ensure that applications for Federal financial 

assistance or awards



[[Page 13]]



of Federal financial assistance contain, be accompanied by, or be 

covered by a specifically identified assurance from the applicant or 

recipient, satisfactory to the designated agency official, that each 

education program or activity operated by the applicant or recipient and 

to which these Title IX regulations apply will be operated in compliance 

with these Title IX regulations. An assurance of compliance with these 

Title IX regulations shall not be satisfactory to the designated agency 

official if the applicant or recipient to whom such assurance applies 

fails to commit itself to take whatever remedial action is necessary in 

accordance withSec. 101-4.110(a) to eliminate existing discrimination 

on the basis of sex or to eliminate the effects of past discrimination 

whether occurring prior to or subsequent to the submission to the 

designated agency official of such assurance.

    (b) Duration of obligation. (1) In the case of Federal financial 

assistance extended to provide real property or structures thereon, such 

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 to provide an education program or activity.

    (2) In the case of Federal financial assistance extended to provide 

personal property, such assurance shall obligate the recipient for the 

period during which it retains ownership or possession of the property.

    (3) In all other cases such assurance shall obligate the recipient 

for the period during which Federal financial assistance is extended.

    (c) Form. (1) The assurances required by paragraph (a) of this 

section, which may be included as part of a document that addresses 

other assurances or obligations, shall include that the applicant or 

recipient will comply with all applicable Federal statutes relating to 

nondiscrimination. These include but are not limited to: Title IX of the 

Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-

1688).

    (2) The designated agency official will specify the extent to which 

such assurances will be required of the applicant's or recipient's 

subgrantees, contractors, subcontractors, transferees, or successors in 

interest.