[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 44CFR19.115]



[Page 220-221]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 19_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                         Subpart A_Introduction

 

Sec. 19.115  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 of Federal financial assistance contain, be 

accompanied by, or be covered by a specifically identified assurance 

from



[[Page 221]]



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 with Sec. 19.110(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.