[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR86.4]



[Page 404-405]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 86_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                         Subpart A_Introduction

 

Sec.  86.4  Assurance required.



    (a) General. Every application for Federal financial assistance for 

any education program or activity shall as condition of its approval 

contain or be accompanied by an assurance from the



[[Page 405]]



applicant or recipient, satisfactory to the Director, that the education 

program or activity operated by the applicant or recipient and to which 

this part applies will be operated in compliance with this part. An 

assurance of compliance with this part shall not be satisfactory to the 

Director 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.  86.3(a) to eliminate existing discrimination on 

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

whether occurring prior or subsequent to the submission to the Director 

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. The Director will specify the form of the assurances 

required by paragraph (a) of this section and the extent to which such 

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

subgrantees, contractors, subcontractors, transferees, or successors in 

interest.



(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 

U.S.C. 1681, 1682)



[40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005]