[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR611.8]



[Page 115-116]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 611_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE NATIONAL 

SCIENCE FOUNDATION_EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 

1964--Table of Contents

 

Sec. 611.8  Procedure for effecting compliance.



    (a) General. If there appears to be a failure or threatened failure 

to comply with this part, and if the noncompliance or threatened 

noncompliance cannot be corrected by informal means, compliance with 

this part may be effected by the suspension or termination of or refusal 

to grant or to continue Federal financial assistance or by any other 

means authorized by law. Such other means may include, but are not 

limited to (1) a reference to the Department of Justice with a 

recommendation that appropriate proceedings be brought to enforce any 

rights of the United States under any law of the United States 

(including other titles of the Act), or any assurance or other 

contractual undertaking, and (2) any applicable proceeding under State 

or local law.

    (b) Noncompliance with Sec. 611.4. If an applicant fails or refuses 

to furnish an assurance required under Sec. 611.4 or otherwise fails to 

comply with that section, Federal financial assistance may be refused in 

accordance with the procedures of paragraph (c) of this section. The 

Foundation shall not be required to provide assistance in such a case 

during the pendency of the administrative proceedings under such 

subsection,



[[Page 116]]



except that the Foundation shall continue assistance during the pendency 

of such proceedings where such assistance is due and payable pursuant to 

an application therefor approved prior to the effective date of this 

part.

    (c) Termination of or refusal to grant or to continue Federal 

financial assistance. No order suspending, terminating, or refusing to 

grant or continue Federal financial assistance shall become effective 

until:

    (1) The responsible Foundation official has advised the applicant or 

recipient of his failure to comply and has determined that compliance 

cannot be secured by voluntary means,

    (2) There has been an express finding on the record, after 

opportunity for hearings, of a failure by the applicant or recipient to 

comply with a requirement imposed by or pursuant to this part,

    (3) The action has been approved by the Director pursuant to Sec. 

611.10(e) and

    (4) The expiration of thirty days after the Director has filed with 

the Committee of the House and the Committee of the Senate having 

legislative jurisdiction over the program involved, a full written 

report of the circumstances and the grounds for such action.



Any action to suspend or terminate or to refuse to grant or to continue 

Federal financial assistance shall be limited to the particular 

political entity, or part thereof, or other applicant or recipient as to 

whom such a finding has been made and shall be limited in its effect to 

the particular program, or part thereof, in which such noncompliance has 

been so found.

    (d) Other means authorized by law. No action to effect compliance by 

any other means authorized by law shall be taken until (1) the 

responsible Foundation official has determined that compliance cannot be 

secured by voluntary means, (2) the recipient or other person has been 

notified of its failure to comply and of the action to be taken to 

effect compliance, and (3) the expiration of at least ten days from the 

mailing of such notice to the recipient or other person. During this 

period of at least ten days additional efforts shall be made to persuade 

the recipient or other person to comply with this part and to take such 

corrective action as may be appropriate.



[29 FR 16305, Dec. 4, 1964, as amended at 38 FR 17985, July 5, 1973; 51 

FR 22938, June 24, 1986]