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on the grounds of race, color, or na- same extent as in the case of grants tional origin, to exclude individuals for the construction of facilities or the from participation in, to deny them provision of equipment for like purthe benefits of, or to subject them to poses. discrimination under any program to (f) In some situations even though which this regulation applies, the pro past discriminatory practices have visions of paragraph (a) of this section

been abandoned, the consequences of shall apply to the employment prac.

such practices continue to impede the tices of the recipient or other persons

full availability of a benefit. If the efsubject to the regulation, to the

forts required of the applicant or reextent necessary to assure equality of

cipient under $ 1250.105 to provide inopportunity to, and nondiscriminatory

formation as to the availability of the treatment of, beneficiaries.

program or activity, and the rights of (30 FR 301, Jan. 9, 1965, as amended at 38 beneficiaries under this regulation, FR 17936, July 5, 1973)

have failed to overcome these conse

quences, it will become necessary for 8 1250.103–4 Illustrative applications.

such applicant or recipient to take ad(a) In training grant programs dis

ditional steps to make the benefits crimination is forbidden in the selec

fully available to racial and nationaltion or eligibility of individuals to be

ity groups previously subjected to distrained and in their treatment by the

crimination. This action might take grantee during their training. In any

the form, for example, of special arcase where selection is made from a

rangements for obtaining referrals or predetermined group, such as the stu

making selections which will insure dents in an institution, the group must

that groups previously subjected to have been selected without discrimina

discrimination are adequately served. tion.

(g) Even though an applicant or re(b) In a research or training grant to a university for activities to be con

cipient has never used discriminatory ducted in a graduate school, discrimi

policies, the services and benefits of nation in the admission and treatment the program or activity it adminis of students in the graduate school is

may not in fact be equally available to prohibited and the prohibition ex

some racial or nationality groups. In tends to the entire university unless it

such circumstances an applicant or resatisfies the responsible NASA official cipient may properly give special conthat practices with respect to other sideration to race, color, or national parts or programs of the university origin to make the benefits of its prowill not interfere, directly or indirect gram more widely available to such ly, with fulfillment of the assurance groups, not then being adequately required with respect to the graduate served. For example, where a universischool.

ty is not adequately serving members (c) Discrimination in the treatment of a particular racial or nationality of students or other trainees includes group, it may establish special recruitthe prohibition of discrimination ment policies to make its program among the students or trainees in the better known and more readily avail. availability or use of any academic, able to such group, and take other dormitory, eating, recreational, or steps to provide that group with more other facilities of the grantee or other adequate service. recipient. (d) In a research or training grant,

(30 FR 301, Jan. 9, 1965, as amended at 38 discrimination is prohibited with re

FR 17937, July 5, 1973] spect to the availability of any educa

8 1250.103–5 Special programs. tional activity and any provision of medical or other services and any fi- An individual shall not be deemed nancial aid to individuals incident to subjected to discrimination by reason the grant.

of his exclusion from the benefits of a (e) Upon transfers of real or person program limited by Federal law to inal property for research or educational dividuals of a particular race, color, or uses, discrimination is forbidden to the national origin different from his.

8 1250.103-6 Medical emergencies.

Notwithstanding the provisions of $$ 1250.103 to 1250.103-5, a recipient of Federal financial assistance shall not be deemed to have failed to comply with § 1250.103-1, if immediate provision of a service or other benefit to an individual is necessary to prevent his death or serious impairment of his health, and such service or other benefit cannot be provided except by or through a medical institution which refuses or fails to comply with § 1250.103-1.

8 1250.104 Assurances.

(a) General requirement. Every application for Federal financial assistance to carry out a program to which this part applies, and every application for Federal financial assistance to provide a facility shall, as a condition to its approval and the extension of any Federal financial assistance pursuant to the application, contain, be accom

led by, or identify and make reference to, an assurance that the program will be conducted or the facility operated in compliance with all requirements imposed by or pursuant to this part. If the assurance is not made a part of the application, the application shall identify the assurance which is applicable to the application. One assurance shall suffice for all applica tions of an applicant if the assurance complies with the conditions made applicable by this part to each such application for Federal financial assistance. Every assurance shall include provisions which give the United States a right to seek its judicial en forcement.

(b) Duration of assurances. The period of time to be covered by the as surances required under this $ 1250.104 shall be as follows:

(1) Real property. In the case of an application for Federal financial assistance for providing real property or structures thereon, the 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 for a purpose for which the Federal financial assistance is extended or for an other purpose involving the provision of similar services or benefits.

(2) Personal property. In the case of an application for Federal financial assistance for providing personal property, the assurance shall obligate the recipient for the period during which he retains ownership or possession of the property.

(3) Other kinds of Federal financial assistance. In the case of an application for any other kind of Federal financial assistance, the assurance shall obligate the recipient for the period during which Federal financial assistance is extended pursuant to the application.

(c) Assurances for research, training, or educational programs. (1) In the case of application by an institution of higher education or any other organization for Federal financial assistance for a program or activity which involves participation by students, fellows or trainees, including but not limited to assistance for research, training, or the provision of facilities, the assurance required by this $ 1250.104 shall extend to admission practices and to all other practices relating to the treatment of students or other participants.

(2) The assurances from such an applicant shall be applicable to the entire organization of the applicant unless the applicant establishes, to the satisfaction of the officer administering the program or activity involved, that its practices in designated parts or programs of the organization of the applicant will in no way affect its practices in the program of the applicant for which Federal financial assistance is sought, or the beneficiaries of or participants in such program.

(d) Assurances for construction of facilities. (1) In the case of assistance for the construction of a facility, or part thereof, the assurance shall extend to the entire facility and to facilities operated in connection therewith. In grants to assist in the construction of facilities for the provision of research, training, or educational services, assurances will be required that services will be provided without discrimination, to the same extent that discrimination would be forbid. den as a condition of grants for the support of such services. Thus, as a condition of grants for the construc

tion of academic, research or other fa- which relates to covered financial ascilities at institutions of higher educa- sistance listed in Appendix A shall tion, assurances will be required that have set forth therein or have atthere will be no discrimination in the tached thereto the assurance preadmission or treatment of students. scribed in accordance with paragraph Also, see paragraph (c) of this section (g) of this section, and shall require for the requirement as to the applica- that the proposer either include the bility of the assurance to the appli assurance as a part of his signed procant's organization.

posal or identify and refer to an assur(2) In other construction grants the ance already signed and submitted by assurances required will similarly be the proposer. adapted to the nature of the activities to be conducted in the facilities for

(30 FR 301, Jan. 9, 1965, as amended at 38 construction of which the grants have

FR 17937, July 5, 1973) been authorized by Congress.

8 1250.105 Compliance information. (e) Instrument effecting or recording transfers of real property. The instru (a) Cooperation and assistance. ment effecting or recording the trans Each responsible NASA official shall fer, shall contain a covenant running to the fullest extent practicable seek with the land assuring nondiscrimina the cooperation of recipients in obtion for the period during which the taining compliance with this part and real property is used for a purpose for

shall provide assistance and guidance which the Federal financial assistance to recipients to help them comply volis extended or for another purpose in- untarily with this part. volving the provision of similar sery (b) Compliance reports. Each recipiices or benefits. Where no transfer of ent shall keep such records and submit property is involved, but property is to the Principal Compliance Officer or improved under a program of Federal his designee timely, complete and acfinancial assistance, the recipient shall curate compliance reports at such agree to include such a covenant in times, and in such form and containany subsequent transfer of such prop- ing such information, as the Principal erty. Where the property is obtained Compliance Officer or his designee from the Federal Government, such may determine to be necessary to covenant may also include a condition enable him to ascertain whether the coupled with a right to be reserved by recipient has complied or is complying NASA to revert title to the property in with this part. In the case of any prothe event of a breach of the covenant gram under which a primary recipient where, in the discretion of the respon- extends Federal financial assistance to sible NASA official, such a condition any other recipient, such other recipi. and right of reverter is appropriate to ent shall also submit such compliance the program under which the real reports to the primary recipient as property is obtained and to the nature may be necessary to enable the priof the grant and the grantee.

mary recipient to carry out its obliga(f) Assurances for transfer of surplus tions under this part. real property. Transfers of surplus (c) Access to sources of information. property are subject to regulations Each recipient shall permit access by issued by the Administrator of Gener the Principal Compliance Officer or al Services (41 CFR 101-6.2).

his designee during normal business (g) Form of assurances. The respon- hours to such of its books, records, acsible NASA officials shall specify the counts and other sources of informaform of assurances required by this tion, and its facilities as may be perti$ 1250.104 and the extent to which like nent to ascertain compliance with this assurances will be required by sub part. Where any information required grantees, contractors and subcontrac of a recipient is in the exclusive postors, transferees, successors in inter- session of any other agency, instituest, and other participants in the pro- tion or person and that agency, instigram.

tution or person shall fail or refuse to (h) Requests for proposals. Any re- furnish this information, the recipient quest for proposals issued by NASA shall so certify in its report and shall set forth what efforts it has made to been determined that the matter obtain the information.

cannot be resolved by informal means, (d) Information to beneficiaries and action will be taken as provided for in participants. Each recipient shall $ 1250.107. make available to participants, benefi- (2) If an investigation does not war. ciaries, and other interested persons rant action pursuant to paragraph such information regarding the provi. (d)(1) of this section, the responsible sions of this part and its applicability NASA official or his designee will so to the program under which the recip inform the recipient and the complainient receives Federal financial assist- ant, if any, in writing. ance, and make such information

(e) Intimidatory or retaliatory acts available to them in such manner, as

prohibited. No recipient or other the Principal Compliance Officer finds

person shall intimidate, threaten, necessary to apprise such persons of

coerce, or discriminate against any inthe protection against discrimination

dividual for the purpose of interfering assured them by the Act and this part.

with any right or privilege secured by 3 1250.106 Conduct of investigations.

section 601 of the Act or this part, or

because he has made a complaint, tes(a) Periodic compliance reviews.

tified, assisted, or participated in any The responsible NASA official or his

manner in an investigation, proceeddesignee shall from time to time

ing, or hearing under this part. The review the practices of recipients to

identity of complainants shall be kept determine whether they are comply

confidential except to the extent necing with this part.

essary to carry out the purposes of (b) Complaints. Any person who be

this part, including the conduct of any lieves himself or any specific class of

investigation, hearing, or judicial proindividuals to be subjected to discrimi

ceeding arising thereunder. nation prohibited by this part may by himself or by a representative file 8 1250.107 Procedure for effecting compliwith the Principal Compliance Officer

ance. or his designee a written complaint. A complaint must be filed not later than

(a) General. If there appears to be a 90 days from the date of the alleged failure or threatened failure to comply discrimination, unless the time for

with this part, and if the noncomplifiling is extended by the Principal ance or threatened noncompliance Compliance Officer or his designee.

cannot be corrected by informal (c) Investigations. The Principal

means, compliance with this part may Compliance Officer or his designee

be effected by the suspension or termiwill make a prompt investigation

nation of or refusal to grant or to conwhenever a compliance review, report, tinue Federal financial assistance or complaint, or any other information by any other means authorized by law. indicates a possible failure to comply Such other means may include, but with this part. The investigation are not limited to, (1) a reference to should include, where appropriate, a the Department of Justice with a recreview of the pertinent practices and ommendation that appropriate propolicies of the recipient, the circum ceedings be brought to enforce any stances under which the possible non rights of the United States under any compliance with this part occurred, law of the United States (including and other factors relevant to a deter other titles of the Act), or any assurmination as to whether the recipient ance or other contractual undertaking, has failed to comply with this part. and (2) any applicable proceeding

(d) Resolution of matters. (1) If an under State or local law. investigation pursuant to paragraph (b) Noncompliance with $ 1250.104. (c) of this section indicates a failure to If an applicant fails or refuses to furcomply with this part, the Principal nish an assurance required under Compliance Officer or his designee $ 1250.104 or otherwise fails or refuses will so inform the recipient and the to comply with a requirement imposed matter will be resolved by informal by or pursuant to that section, Federal means whenever possible. If it has financial assistance may be refused in

accordance with the procedures of ient or other person. During this paragraph (c) of this section. NASA period of at least 10 days additional efshall not be obligated to provide assist. forts shall be made to persuade the reance in such a case during the penden cipient or other person to comply with cy of the administrative proceedings this part and to take such corrective under such subsection except that action as may be appropriate. NASA shall continue assistance during

(30 FR 301, Jan. 9, 1965, as amended at 38 the pendency of such proceedings where such assistance is due and pay

FR 17937, July 5, 1973] able pursuant to an application there

8 1250.108 Hearings. for approved prior to the effective date of this part.

(a) Opportunity for hearing. When(c) Termination of or refusal to ever an opportunity for a hearing is grant or to continue Federal financial required by $ 1250.107(c), reasonable assistance. No order suspending, ter

notice shall be given by registered or minating or refusing to grant or con certified mail, return receipt requesttinue Federal financial assistance shall ed, to the affected applicant or recipibecome effective until (1) the responsi ent. This notice shall advise the applible NASA official has advised the ap cant or recipient of the action proplicant or recipient of his failure to posed to be taken, the specific provi. comply and has determined that com sion under which the proposed action pliance cannot be secured by volun against it is to be taken, and the mattary means, (2) there has been an ex ters of fact or law asserted as the basis press finding on the record, after op for this action, and either (1) fix a portunity for hearing, of a failure by date not less than 20 days after the the applicant or recipient to comply date of such notice within which the with a requirement imposed by or pur applicant or recipient may request of suant to this part, (3) the action has the Principal Compliance Officer that been approved by the Administrator the matter be scheduled for hearing or pursuant to $ 1250.109(e), and (4) the (2) advise the applicant or recipient expiration of 30 days after the Admin that the matter in question has been istrator has filed with the committee set down for hearing at a stated place of the House and the committee of the and time. The time and place so fixed Senate having legislative jurisdiction shall be reasonable and shall be subover the program involved, a full writ. ject to change for cause. The comten report of the circumstances and plainant, if any, shall be advised of the the grounds for such action. Any time and place of the hearing. An apaction to suspend or terminate or to plicant or recipient may waive a hearrefuse to grant or to continue Federal ing and submit written information financial assistance shall be limited to and argument for the record. The failthe particular political entity, or part ure of an applicant or recipient to rethereof, or other applicant or recipient quest a hearing under this paragraph as to whom such a finding has been or to appear at a hearing for which a made and shall be limited in its effect date has been set shall be deemed to to the particular program, or part be a waiver of the right to a hearing thereof, in which such noncompliance under section 602 of the Act and has been so found.

$ 1250.107(c) of this part and consent (d) Other means authorized by law. to the making of a decision on the No action to effect compliance by any basis of such information as is availother means authorized by law shall able. be taken until (1) the Principal Com (b) Time and place of hearing. Hearpliance Officer has determined that ings shall be held at NASA Headquarcompliance cannot be secured by vol ters in Washington, D.C., at a time untary means, (2) the recipient or fixed by the Principal Compliance Ofother person has been notified of its ficer unless he determines that the failure to comply and of the action to convenience of the applicant or recipi. be taken to effect compliance and (3) ent or of NASA requires that another the expiration of at least 10 days from place be selected. Hearings shall be the mailing of such notice to the recip- held before the Administrator, or, at

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