[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

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

[CITE: 36CFR1211.115]



[Page 801-802]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

        CHAPTER XII--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

 

PART 1211_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS 

OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                         Subpart A_Introduction

 

Sec. 1211.115  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 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. 

1211.110(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



[[Page 802]]



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.