National Aeronautics and Space Administration

NASA Non-Discrimination 

Regulations for Federally 

Assisted Programs

www.nasa.gov

NASA Office of Diversity and 

Equal Opportunity

National Aeronautics and Space Administration

NASA Headquarters

300 E Street SW

Washington, DC 20546

www.hq.nasa.gov/office/codee

www.nasa.gov

NP-2008-09-553-HQ
Code of Federal Regulations 

Title 14: Aeronautics and Space

PART 1250--NONDISCRIMINATION IN 

FEDERALLY-ASSISTED PROGRAMS OF NASA--

EFFECTUATION OF TITLE VI OF THE CIVIL 

RIGHTS ACT OF 1964--Table of Contents 

 

Section Contents

Sec. 1250.100 Purpose. 

Sec. 1250.101 Applicability. 

Sec. 1250.102 Definitions. 

Sec. 1250.103-1 General. 

Sec. 1250.103-2 Specific discriminatory acts 

prohibited. 

Sec. 1250.103-3 Employment practices. 

Sec. 1250.103-4 Illustrative applications. 

Sec. 1250.103-5 Special programs. 

Sec. 1250.103-6 Medical emergencies. 

Sec. 1250.104 Assurances. 

Sec. 1250.105 Compliance information. 

Sec. 1250.106 Conduct of investigations. 

Sec. 1250.107 Procedure for effecting compliance. 

Sec. 1250.108 Hearings. 

Sec. 1250.109 Decisions and notices. 

Sec. 1250.110 Judicial review. 

Sec. 1250.111 Effect on other regulations; forms 

and instructions. 

Sec. 1250.112 Relationship with other officials. 

Appendix A to Part 1250--NASA Federal Financial 

Assistance to Which This Part Applies 

Sec. 1250.100 Purpose. 

 The purpose of this part is to effectuate the 

provisions of Title VI of the Civil Rights Act of 1964 

(hereafter referred to as ``the Act'') to the end that 

no person in the United States shall, on the ground 

of race, color or national origin, be excluded from 

participation in, be denied the benefits of, or be 

otherwise subjected to discrimination under any 

program or activity receiving Federal financial 

assistance from the National Aeronautics and Space 

Administration, hereinafter referred to as NASA. 

Sec. 1250.101 Applicability. 

 (a) Covered programs. (1) This part applies to 

any program for which Federal financial assistance 

is authorized under a law administered by NASA, 

including the federally-assisted programs and 

activities listed in appendix A to this part. The fact 

that a program or activity is not listed in appendix A 

shall not mean, if Title VI of the Act is otherwise 

applicable, that such program is not covered. Other 

programs under statutes now in force or hereafter 

enacted may be added to appendix A by notice 

published in the Federal Register. 

 (2) This part applies to money paid, property 

transferred, or other Federal financial assistance 

extended under any such program after the 

effective date of this part pursuant to an application 

approved prior to such effective date. 

 (b) Excluded activities. This part does not apply to 

(1) any Federal financial assistance by way of 

insurance or guaranty contracts, (2) money paid, 

property transferred, or other assistance extended 

under any such program before the effective date of 

this part, except as provided in paragraph (a) of this 

section, (3) any assistance to any individual who is 

the ultimate beneficiary under any such program, (4) 

any employment practice, under any such program, 

of any employer, employment agency, or labor 

organization, except as provided in Sec. 1250.103-

3, (5) contracts not covered in the programs listed in 

appendix A, or (6) advances, V-loans, and other 

financial assistance made incident to NASA 

procurements not covered in the programs listed in 

appendix A. 

Sec. 1250.102 Definitions. 

 As used in this part-- 

 (a) Administrator means the Administrator of the 

NASA. 

 (b) Applicable means one who submits an 

application, request, proposal, or plan required to be 

approved by a responsible NASA official, or by a 

primary recipient, as a condition to eligibility for 

Federal financial assistance; and the term 

application means such an application, request, 

proposal or plan. 

 (c) Facility includes all or any portion of 

structures, equipment, or other real or personal 

property or interests therein, and the provision of 

facilities includes the construction, expansion, 

renovation, remodeling, alteration or acquisition of 

facilities. 

 (d) Federal financial assistance includes (1) 

grants and loans of Federal funds, (2) the grant or 

donation of Federal property and interests in 

property, (3) the detail of Federal personnel, (4) the 

sale and lease of, and the permission to use (on 

other than a casual or transient basis), Federal 
2

property or any interest in such property without 

consideration or at a nominal consideration, or at a 

consideration which is reduced for the purpose of 

assisting the recipient, or in recognition of the public 

interest to be served by such sale or lease to the 

recipient, and (5) any Federal agreement, 

arrangement, or other contract which has as one of 

its purposes the provision of assistance. 

 (e) NASA means the National Aeronautics and 

Space Administration. 

 (f) Primary recipient means any recipient which is 

authorized or required to extend Federal financial 

assistance to another recipient for the purpose of 

carrying out a program. 

 (g) Principal Compliance Officer means the 

Director, Equal Employment Opportunity Office, 

Office of Organization and Management, NASA 

Headquarters, or any successor officer to whom the 

Administrator should delegate authority to perform 

the functions assigned to the Principal Compliance 

Officer by this part. 

 (h) Program includes any program, project, or 

activity for the provision of services, financial aid, or 

other benefits to individuals (including education or 

training) whether provided through employees of 

the recipient of Federal financial assistance or 

provided by others through contracts or other 

arrangements with the recipient, and including work 

opportunities and cash or loan or other assistance to 

individuals, or for the provision of facilities for 

furnishing services, financial aid or other benefits to 

individuals. The services, financial aid, or other 

benefits provided under a program receiving Federal 

financial assistance shall be deemed to include any 

services, financial aid, or other benefits provided 

with the aid of Federal financial assistance or with 

the aid of any non-Federal funds, property, or other 

resources required to be expended or made 

available for the program to meet matching 

requirements or other conditions which must be met 

in order to receive the Federal financial assistance, 

and to include any services, financial aid, or 

other benefits provided in or through a facility 

provided with the aid of Federal financial assistance 

or such non-Federal resources. 

 (i) Recipient means any State, political 

subdivision of any State, or instrumentality of any 

State or political subdivision, any public or private 

agency, institution, or organization, or other entity, 

or any individual, in any State, to whom Federal 

financial assistance is extended, directly or through 

another recipient, for any program, including any 

successor, assign, or transferee thereof, but such 

term does not include any ultimate beneficiary under 

any such program. 

 (j) Responsible NASA official means: 

 (1) The heads of Offices at NASA Headquarters 

responsible for making grants, and contracts of the 

kind listed in appendix A; and 

 (2) Each Director of a field installation which 

makes or administers grants and contracts of the 

kind listed in appendix A, or any officer to whom he 

has delegated authority to act within the areas of 

responsibility assigned to him under this part. 

 (k) United States means the States of the United 

States, the District of Columbia, Puerto Rico, the 

Virgin Islands, American Samoa, Guam, Wake 

Island, the Canal Zone, and the territories and 

possessions of the United States, and the term 

State means any one of the foregoing. 

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 

17936, July 5, 1973] 

Sec. 1250.103-1 General. 

 No person in the United States shall, on the 

ground of race, color or national origin be excluded 

from participation in, be denied the benefits of, or be 

otherwise subjected to discrimination under any 

program to which this part applies. 

Sec. 1250.103-2 Specific discriminatory acts 

prohibited. 

 (a) A recipient under any program to which this 

part applies may not, directly or through contractual 

or other arrangements, on ground of race, color, or 

national origin: 

 (1) Deny an individual any service, financial aid, 

or other benefit provided under the program; 

 (2) Provide any service, financial aid, or other 

benefit to an individual which is different, or is 

provided in a different manner, from that provided to 

others under the program; 

 (3) In determining the site or location of facilities, 

a recipient or applicant may not make selections 

with the purpose or effect of excluding individuals 

from, denying them the benefits of, or subjecting 

them to discrimination under any program to which 

this regulation applies, on the grounds of race, color, 

or national origin; or with the purpose or effect of 

defeating or substantially impairing the 

accomplishment of the objectives of the Act or this 

regulation. 

 (4) Subject an individual to segregation or 

separate treatment in any matter related to his 

receipt of any service, financial aid, or other benefit 

under the program; 

 (5) Restrict an individual in any way in the 

enjoyment of any advantage or privilege enjoyed by 
3 

others receiving any service, financial aid, or other 

benefit under the program; 

 (6) Treat an individual differently from others in 

determining whether he satisfies any admission, 

enrollment, quota, eligibility, membership or other 

requirement or condition which individuals must 

meet in order to be provided any service, financial 

aid, or other benefit provided under the program; 

 (7) Deny an individual an opportunity to 

participate in the program through the provision of 

services or otherwise or afford him an opportunity to 

do so which is different from that afforded others 

under the program (including the opportunity to 

participate in the program as an employee but only 

to the extent set forth in Sec. 1250.103-3). 

 (b) A recipient, in determining the types of 

services, financial aid, or other benefits, or facilities 

which will be provided under any such program, 

or the class of individuals to whom, or the situations 

in which, such services, financial aid, other benefits, 

or facilities will be provided under any such 

program, or the class of individuals to be afforded 

an opportunity to participate in any such program, 

may not, directly or through contractual or other 

arrangements, utilize criteria or methods 

of administration which have the effect of subjecting 

individuals to discrimination because of their race, 

color, or national origin, or have the effect of 

defeating or substantially impairing accomplishment 

of the objectives of the program as respects 

individuals of a particular race, color, or national 

origin. 

 (c) As used in this section the services, financial 

aid, or other benefits provided under a program 

receiving Federal financial assistance shall be 

deemed to include any service, financial aid, or 

other benefit provided in or through a facility 

provided with the aid of Federal financial assistance. 

 (d) A recipient may not take action that is 

calculated to bring about indirectly what this part 

forbids it to accomplish directly. 

 (e) The enumeration of specific forms of 

prohibited discrimination in this section does not 

limit the generality of the prohibition in 

Sec. 1250.103-1. This regulation does not prohibit 

the consideration of race, color, or national origin if 

the purpose and effect are to remove or overcome 

the consequences of practices or impediments 

which have restricted the availability of, or 

participation in, the program or activity receiving 

Federal financial assistance, on the grounds of race, 

color, or national origin. Where previous 

discriminatory practices or usage tends, on the 

grounds of race, color, or national origin, to exclude 

individuals from participation in, to deny them the 

benefits of, or to subject them to discrimination 

under any program or activity to which this 

regulation applies the applicant or recipient has an 

obligation to take reasonable action to remove or 

overcome the consequences of the prior 

discriminatory practice or usage, and to accomplish 

the purpose of the Act. 

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 

17936, July 5, 1973] 

Sec. 1250.103-3 Employment practices. 

 (a) Where a primary objective of the Federal 

financial assistance to a program to which this part 

applies is to provide employment, a recipient may 

not directly or through contractual or other 

arrangements subject an individual to discrimination 

on the ground of race, color, or national origin in its 

employment practices under such program 

(including recruitment or recruitment advertising, 

employment, layoff or termination, upgrading, 

demotion, or transfer, rates of pay or other forms of 

compensation, and use of facilities), including 

programs where a primary objective of the Federal 

financial assistance is (1) to assist such individuals 

through employment to meet expenses incident to 

the commencement or continuation of their 

education or training, or (2) to provide work 

experience which contributes to the education or 

training of such individuals. 

 (b) Employment opportunities provided in 

connection with any of the programs listed in 

appendix A, which opportunities are limited, or for 

which preference is given, to students, fellows, or 

other persons in training for the same or related 

employments, are programs of the kind described in 

paragraph (a)(1) and (2) of this section. 

 (c) The requirements applicable to construction 

employment under any such program shall be those 

specified in or pursuant to Executive Order 

11246 or any Executive order which supersedes it. 

 (d) Where a primary objective of the Federal 

financial assistance is not to provide employment, 

but discrimination on the grounds of race, 

color, or national origin in the employment practices 

of the recipient or other persons subject to the 

regulation tends, on the grounds of race, color, or 

national origin, to exclude individuals from 

participation in, to deny them the benefits of, or to 

subject them to discrimination under any program to 

which this regulation applies, the provisions of 

paragraph (a) of this section shall apply to the 

employment practices of the recipient or other 

persons subject to the regulation, to the extent 

necessary to assure equality of opportunity to, and 

nondiscriminatory treatment of, beneficiaries. 
4

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 

17936, July 5, 1973] 

Sec. 1250.103-4 Illustrative applications. 

 (a) In training grant programs discrimination is 

forbidden in the selection or eligibility of individuals 

to be trained and in their treatment by the grantee 

during their training. In any case where selection is 

made from a predetermined group, such as the 

students in an institution, the group must have been 

selected without discrimination. 

 (b) In a research or training grant to a university 

for activities to be conducted in a graduate school, 

discrimination in the admission and treatment of 

students in the graduate school is prohibited and the 

prohibition extends to the entire university unless it 

satisfies the responsible NASA official that practices 

with respect to other parts or programs of the 

university will not interfere, directly or indirectly, 

with fulfillment of the assurance required with 

respect to the graduate school. 

 (c) Discrimination in the treatment of students or 

other trainees includes the prohibition of 

discrimination among the students or trainees in the 

availability or use of any academic, dormitory, 

eating, recreational, or other facilities of the grantee 

or other recipient. 

 (d) In a research or training grant, discrimination 

is prohibited with respect to the availability of any 

educational activity and any provision of medical or 

other services and any financial aid to individuals 

incident to the grant. 

 (e) Upon transfers of real or personal property for 

research or educational uses, discrimination is 

forbidden to the same extent as in the case of 

grants for the construction of facilities or the 

provision of equipment for like purposes. 

 (f) In some situations even though past 

discriminatory practices have been abandoned, the 

consequences of such practices continue to impede 

the full availability of a benefit. If the efforts required 

of the applicant or recipient under Sec. 1250.105 to 

provide information as to the availability of the 

program or activity, and the rights of beneficiaries 

under this regulation, have failed to overcome these 

consequences, it will become necessary for such 

applicant or recipient to take additional steps to 

make the benefits fully available to racial and 

nationality groups previously subjected to 

discrimination. This action might take the form, for 

example, of special arrangements for obtaining 

referrals or making selections which will insure that 

groups previously subjected to discrimination are 

adequately served. 

 (g) Even though an applicant or recipient has 

never used discriminatory policies, the services and 

benefits of the program or activity it administers may 

not in fact be equally available to some racial or 

nationality groups. In such circumstances an 

applicant or recipient may properly give special 

consideration to race, color, or national origin to 

make the benefits of its program more widely 

available to such groups, not then being adequately 

served. For example, where a university is not 

adequately serving members of a particular 

racial or nationality group, it may establish special 

recruitment policies to make its program better 

known and more readily available to such group, 

and take other steps to provide that group with more 

adequate service. 

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 

17937, July 5, 1973] 

Sec. 1250.103-5 Special programs. 

 An individual shall not be deemed subjected to 

discrimination by reason of his exclusion from the 

benefits of a program limited by Federal law to 

individuals of a particular race, color, or national 

origin different from his. 

Sec. 1250.103-6 Medical emergencies. 

 Notwithstanding the provisions of Secs. 1250.103 

to 1250.103-5, a recipient of Federal financial 

assistance shall not be deemed to have failed to 

comply with Sec. 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 Sec. 1250.103-1. 

Sec. 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 

accompanied 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, 
5 

the application shall identify the assurance which is 

applicable to the application. One assurance 

shall suffice for all applications 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 enforcement. 

 (b) Duration of assurances. The period of time to 

be covered by the assurances required under this 

Sec. 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 another 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 

Sec. 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 forbidden as a condition 

of grants for the support of such services. Thus, as 

a condition of grants for the construction of 

academic, research or other facilities at institutions 

of higher education, assurances will be required that 

there will be no discrimination in the admission or 

treatment of students. Also, see paragraph (c) of 

this section for the requirement as to the 

applicability of the assurance to the applicant's 

organization. 

 (2) In other construction grants the assurances 

required will similarly be adapted to the nature of the 

activities to be conducted in the facilities for 

construction of which the grants have been 

authorized by Congress. 

 (e) Instrument effecting or recording transfers of 

real property. The instrument effecting or recording 

the transfer, shall contain a covenant running with 

the land assuring nondiscrimination for the period 

during which the real property is used for a purpose 

for which the Federal financial assistance is 

extended or for another purpose involving the 

provision of similar services or benefits. Where no 

transfer of property is involved, but property is 

improved under a program of Federal financial 

assistance, the recipient shall agree to include such 

a covenant in any subsequent transfer of such 

property. Where the property is obtained from the 

Federal Government, such covenant may also 

include a condition coupled with a right to be 

reserved by NASA to revert title to the property in 

the event of a breach of the covenant where, in the 

discretion of the responsible NASA official, such a 

condition and right of reverter is appropriate to the 

program under which the real property is obtained 

and to the nature of the grant and the grantee. 

 (f) Assurances for transfer of surplus real 

property. Transfers of surplus property are subject 

to regulations issued by the Administrator 

of General Services (41 CFR 101-6.2). 

 (g) Form of assurances. The responsible NASA 

officials shall specify the form of assurances 

required by this Sec. 1250.104 and the extent to 

which like assurances will be required by 

subgrantees, contractors and subcontractors, 

transferees, successors in interest, and other 

participants in the program. 
6

 (h) Requests for proposals. Any request for 

proposals issued by NASA which relates to covered 

financial assistance listed in appendix A shall 

have set forth therein or have attached thereto the 

assurance prescribed in accordance with paragraph 

(g) of this section, and shall require that the 

proposer either include the assurance as a part of 

his signed proposal or identify and refer to an 

assurance already signed and submitted by the 

proposer. 

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 

17937, July 5, 1973] 

Sec. 1250.105 Compliance information. 

 (a) Cooperation and assistance. Each responsible 

NASA official shall to the fullest extent practicable 

seek the cooperation of recipients in obtaining 

compliance with this part and shall provide 

assistance and guidance to recipients to help them 

comply voluntarily with this part. 

 (b) Compliance reports. Each recipient shall keep 

such records and submit to the Principal 

Compliance Officer or his designee timely, complete 

and accurate compliance reports at such times, and 

in such form and containing such information, as the 

Principal Compliance Officer or his designee may 

determine to be necessary to enable him to 

ascertain whether the recipient has complied or is 

complying with this part. In the case of any program 

under which a primary recipient extends Federal 

financial assistance to any other recipient, such 

other recipient shall also submit such compliance 

reports to the primary recipient as may be 

necessary to enable the primary recipient to carry 

out its obligations under this part. 

 (c) Access to sources of information. Each 

recipient shall permit access by the Principal 

Compliance Officer or his designee during normal 

business hours to such of its books, records, 

accounts and other sources of information, and its 

facilities as may be pertinent to ascertain 

compliance with this part. Where any information 

required of a recipient is in the exclusive possession 

of any other agency, institution or person and that 

agency, institution or person shall fail or refuse to 

furnish this information, the recipient shall so certify 

in its report and shall set forth what efforts it has 

made to obtain the information. 

 (d) Information to beneficiaries and participants. 

Each recipient shall make available to participants, 

beneficiaries, and other interested persons such 

information regarding the provisions of this part and 

its applicability to the program under which the 

recipient receives Federal financial assistance, and 

make such information available to them in such 

manner, as the Principal Compliance Officer finds 

necessary to apprise such persons of the protection 

against discrimination assured them by the Act and 

this part. 

Sec. 1250.106 Conduct of investigations. 

 (a) Periodic compliance reviews. The responsible 

NASA official or his designee shall from time to time 

review the practices of recipients to determine 

whether they are complying with this part. 

 (b) Complaints. Any person who believes himself 

or any specific class of individuals to be subjected to 

discrimination prohibited by this part may by himself 

or by a representative file with the Principal 

Compliance Officer or his designee a written 

complaint. A complaint must be filed not later than 

90 days from the date of the alleged discrimination, 

unless the time for filing is extended by the Principal 

Compliance Officer or his designee. 

 (c) Investigations. The Principal Compliance 

Officer or his designee will make a prompt 

investigation whenever a compliance review, report, 

complaint, or any other information indicates a 

possible failure to comply with this part. The 

investigation should include, where appropriate, a 

review of the pertinent practices and policies of the 

recipient, the circumstances under which the 

possible noncompliance with this part occurred, and 

other factors relevant to a determination as to 

whether the recipient has failed to comply with this 

part. 

 (d) Resolution of matters. (1) If an investigation 

pursuant to paragraph (c) of this section indicates a 

failure to comply with this part, the Principal 

Compliance Officer or his designee will so inform 

the recipient and the matter will be resolved by 

informal means whenever possible. If it has been 

determined that the matter cannot be resolved 

by informal means, action will be taken as provided 

for in Sec. 1250.107. 

 (2) If an investigation does not warrant action 

pursuant to paragraph (d)(1) of this section, the 

responsible NASA official or his designee will so 

inform the recipient and the complainant, if any, in 

writing. 

 (e) Intimidatory or retaliatory acts prohibited. No 

recipient or other person shall intimidate, threaten, 

coerce, or discriminate against any individual for the 

purpose of interfering with any right or privilege 

secured by section 601 of the Act or this part, or 

because he has made a complaint, testified, 

assisted, or participated in any manner in an 

investigation, proceeding, or hearing under this part. 

The identity of complainants shall be kept 
7 

confidential except to the extent necessary to carry 

out the purposes of this part, including the conduct 

of any investigation, hearing, or judicial proceeding 

arising thereunder. 

Sec. 1250.107 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. 1250.104. If an 

applicant fails or refuses to furnish an assurance 

required under Sec. 1250.104 or otherwise fails or 

refuses to comply with a requirement imposed by or 

pursuant to that section, Federal financial 

assistance may be refused in accordance with the 

procedures of paragraph (c) of this section. NASA 

shall not be obligated to provide assistance in such 

a case during the pendency of the administrative 

proceedings under such subsection except 

that NASA 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 NASA 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 hearing, 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 Administrator pursuant to Sec. 

1250.109(e), and (4) the expiration of 30 days after 

the Administrator 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 Principal Compliance 

Officer 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 10 days 

from the mailing of such notice to the recipient or 

other person. During this period of at least 10 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. 

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 

17937, July 5, 1973] 

Sec. 1250.108 Hearings. 

 (a) Opportunity for hearing. Whenever an 

opportunity for a hearing is required by Sec. 

1250.107(c), reasonable notice shall be given by 

registered or certified mail, return receipt requested, 

to the affected applicant or recipient. This notice 

shall advise the applicant or recipient of the action 

proposed to be taken, the specific provision under 

which the proposed action against it is to be taken, 

and the matters of fact or law asserted as the basis 

for this action, and either (1) fix a date not less than 

20 days after the date of such notice within which 

the applicant or recipient may request of the 

Principal Compliance Officer that the matter be 

scheduled for hearing or (2) advise the applicant or 

recipient that the matter in question has been set 

down for hearing at a stated place and time. The 

time and place so fixed shall be reasonable and 

shall be subject to change for cause. The 

complainant, if any, shall be advised of the time and 

place of the hearing. An applicant or recipient may 

waive a hearing and submit written information and 

argument for the record. The failure of an applicant 

or recipient to request a hearing under this 

paragraph or to appear at a hearing for which a date 

has been set shall be deemed to be a waiver of the 

right to a hearing under section 602 of the Act and 
8

Sec. 1250.107(c) of this part and consent to the 

making of a decision on the basis of such 

information as is available. 

 (b) Time and place of hearing. Hearings shall be 

held at NASA Headquarters in Washington, DC, at a 

time fixed by the Principal Compliance Officer 

unless he determines that the convenience of the 

applicant or recipient or of NASA requires that 

another place be selected. Hearings shall be held 

before the Administrator, or, at his discretion, before 

a hearing examiner designated in conformity with 5 

U.S.C. 3105 and 3344 (section 11 of the 

Administrative Procedure Act). 

 (c) Right to counsel. In all proceedings under this 

section, the applicant or recipient and NASA shall 

have the right to be represented by counsel. 

 (d) Procedures, evidence, and record. (1) The 

hearing, decision, and any administrative review 

thereof shall be conducted in conformity with 

5 U.S.C. 554-557 (section 5-8 of the Administrative 

Procedure Act), and in accordance with such rules 

of procedure as are proper (and not inconsistent 

with this section) relating to the conduct of the 

hearing, giving of notices subsequent to those 

provided for in paragraph (a) of this section, taking 

of testimony, exhibits, arguments, and briefs, 

requests for findings, and other related matters. 

Both NASA and the applicant or recipient shall be 

entitled to introduce all relevant evidence on the 

issues as stated in the notice for hearing 

or as determined by the officer conducting the 

hearing at the outset of or during the hearing. 

 (2) Technical rules of evidence shall not apply to 

hearings conducted pursuant to this part, but rules 

or principles designed to assure production of the 

most credible evidence available and to subject 

testimony to test by cross-examination shall be 

applied where reasonably necessary by the officer 

conducting the hearing. The hearing officer may 

exclude irrelevant, immaterial, or unduly repetitious 

evidence. All documents and other evidence offered 

or taken for the record shall be open to examination 

by the parties and opportunity shall be given to 

refute facts and arguments advanced on either side 

of the issues. A transcript shall be made of the oral 

evidence except to the extent the substance thereof 

is stipulated for the record. All decisions shall be 

based upon the hearing record and written findings 

shall be made. 

 (e) Consolidated or joint hearings. In cases in 

which the same or related facts are asserted to 

constitute non-compliance with this part with respect 

to two or more programs to which this part applies, 

or non-compliance with this part and the regulations 

of one or more other Federal departments or 

agencies issued under Title VI of the Act, the 

Administrator may, by agreement with such other 

departments or agencies where applicable, provide 

for the conduct of consolidated or joint hearings, and 

for the application to such hearings of rules of 

procedures not inconsistent with the part. Final 

decisions in such cases, insofar as this part is 

concerned, shall be made in accordance with Sec. 

1250.109. 

Sec. 1250.109 Decisions and notices. 

 (a) Decision by person other than the NASA 

Principal Compliance Officer. If the hearing is held 

by a hearing examiner, such hearing examiner shall 

either make an initial decision, if so authorized, or 

certify the entire record including his recommended 

findings and proposed decision to the Principal 

Compliance Officer for a final decision, and a copy 

of such initial decision or certification shall be mailed 

to the applicant or recipient. Where the initial 

decision is made by the hearing examiner, the 

applicant or recipient may, within 30 days of the 

mailing of such notice of initial decision, file with the 

Principal Compliance Officer his exceptions to the 

initial decision with his reasons therefor. In the 

absence of exceptions, the Principal Compliance 

Officer may on his own motion, within 45 days after 

the initial decision, serve on the applicant or 

recipient a notice that he will review the decision. 

Upon the filing of such exceptions or of such 

notice of review the Principal Compliance Officer 

shall review the initial decision and issue his own 

decision thereon including the reasons therefor. In 

the absence of either exceptions or a notice of 

review the initial decision shall constitute the final 

decision of the Principal Compliance Officer. 

 (b) Decisions on record or review by the NASA 

Principal Compliance Officer. Whenever a record is 

certified to the Principal Compliance Officer for 

decision or he reviews the decision of a hearing 

examiner pursuant to paragraph (a) of this section, 

or whenever the Administrator conducts the hearing, 

the applicant or recipient shall be given reasonable 

opportunity to file with him briefs or other written 

statements of its contentions, and a copy of the final 

decision of the Principal Compliance Officer shall be 

given in writing to the applicant or recipient and to 

the complainant, if any. 

 (c) Decisions on record where a hearing is 

waived. Whenever a hearing is waived pursuant to 

Sec. 1250.108, a decision shall be made by the 

Principal Compliance Officer on the record and a 

copy of such decision shall be given in writing to the 

applicant or recipient, and to the complainant, if any. 

 (d) Rulings required. Each decision of a hearing 

officer or the Principal Compliance Officer shall set 
9 

forth his ruling on each finding, conclusion, or 

exception presented, and shall identify the 

requirement or requirements imposed by or 

pursuant to this part with which it is found that the 

applicant or recipient has failed to comply. 

 (e) Approval by administrator. Any final decision 

of the NASA Principal Compliance Officer which 

provides for the suspension or termination of, or the 

refusal to grant or continue Federal financial 

assistance, or the imposition of any other sanction 

available under this part or the Act, shall promptly 

be transmitted to the Administrator, who may 

approve such decision, may vacate it, or remit or 

mitigate any sanction imposed. 

 (f) Content of orders. The final decision may 

provide for suspension or termination of, or refusal 

to grant or continue Federal financial assistance, in 

whole or in part, under the program involved, and 

may contain such terms, conditions, and other 

provisions as are consistent with and will effectuate 

the purposes of the Act and this part including 

provisions designed to assure that no Federal 

financial assistance will thereafter be extended 

under such program to the applicant or recipient 

determined by such decision to be in default in its 

performance of an assurance given by it pursuant to 

this part, or to have otherwise failed to comply with 

this part, unless and until it corrects its noncompliance and satisfies the Principal Compliance 

Officer that it will fully comply with this part. 

 (g) Post termination proceedings. (1) An applicant 

or recipient adversely affected by an order issued 

under paragraph (f) of this section shall be restored 

to full eligibility to receive Federal financial 

assistance if it satisfies the terms and conditions of 

that order for such eligibility or if it brings itself into 

compliance with this regulation and provides 

reasonable assurance that it will fully comply with 

this regulation. 

 (2) Any applicant or recipient adversely affected 

by an order entered pursuant to paragraph (f) of this 

section may at any time request the Principal 

Compliance Officer to restore fully the eligibility to 

receive Federal financial assistance. Any such 

request shall be supported by information showing 

that the applicant or recipient has met the 

requirements of paragraph (g)(1) of this section. 

If the Principal Compliance Officer determines that 

those requirements have been satisfied, he shall 

restore such eligibility. 

 (3) If the Principal Compliance Officer denies any 

such request, the applicant or recipient may submit 

a request for a hearing in writing, specifying why it 

believes such official to have been in error. It shall 

thereupon be given an expeditious hearing, with a 

decision on the record, in accordance with rules of 

procedure issued by the Principal Compliance 

Officer. The applicant or recipient will be restored to 

such eligibility if it proves at such a hearing that it 

satisfied the requirements of paragraph (g)(1) of this 

section. While proceedings under this paragraph are 

pending, the sanctions imposed by the order issued 

under paragraph (f) of this section shall remain in 

effect. 

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 

17937, July 5, 1973] 

Sec. 1250.110 Judicial review. 

 Action taken pursuant to section 602 of the Act is 

subject to judicial review as provided in section 603 

of the Act. 

Sec. 1250.111 Effect on other regulations; forms 

and instructions. 

 (a) Effect on other regulations. All regulations, 

orders, or like directions heretofore issued by any 

officer of NASA which impose requirements 

designed to prohibit any discrimination against 

individuals on the ground of race, color, or national 

origin under any program to which this part applies, 

and which authorize the suspension or termination 

of or refusal to grant or to continue Federal financial 

assistance to any applicant for or recipient of such 

assistance under such program for failure to comply 

with such requirements, are hereby superseded to 

the extent that such discrimination is prohibited by 

this part, except that nothing in this part shall be 

deemed to relieve any person of any obligation 

assumed or imposed under any such superseded 

regulation, order, instruction, or like direction prior to 

the effective date of this Instruction. Nothing in this 

part, however, shall be deemed to supersede any of 

the following (including future amendments thereof): 

(1) Executive Orders 10925 and 11246 and 

regulations or instructions issued thereunder, or 

(2) any other regulations or instructions, insofar as 

such other regulations or instructions prohibit 

discrimination on the ground of race, color, or 

national origin in any program or situation to which 

this part is inapplicable, or prohibit discrimination on 

any other ground. 

 (b) Forms and instructions. Each responsible 

NASA official shall issue and promptly make 

available to interested persons forms and 

detailed instructions and procedures for effectuating 

this part as applied to financial assistance to which 

this part applies and for which 

he is responsible. 
10

 (c) Supervision and coordination. The 

Administrator may assign to officials of other 

departments or agencies of the Government, with 

the consent of such departments or agencies, 

responsibilities in connection with the effectuation of 

the purposes of Title VI of the Act and this part 

(other than responsibility for final decision as 

provided in Sec. 1250.109), including the 

achievement of effective coordination and 

maximum uniformity within NASA and within the 

Executive Branch of the Government in the 

application of Title VI and this part to similar 

programs and in similar situations. Any action taken, 

determination made, or requirement imposed by an 

official of another department or agency acting 

pursuant to an assignment of responsibility under 

this subsection shall have the same effect as though 

such action has been taken by the responsible 

official of this agency. 

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 

17937, July 5, 1973] 

Sec. 1250.112 Relationship with other officials. 

 NASA officials, in performing the functions 

assigned to them by this part, are responsible for 

recognizing the delegations of authority and 

responsibility of other NASA officials and for seeing 

the actions taken or instructions issued by them are 

properly coordinated with the offices and divisions 

having joint interests. 

Appendix A to Part 1250--NASA Federal 

Financial Assistance to Which This 

Part Applies 

 1. Grants made under the authority of Pub. L. 85-

934, approved September 6, 1958 (42 U.S.C. 1891-

1893). 

 2. Contracts with nonprofit institutions of higher 

education or with nonprofit organizations whose 

primary purpose is the conduct of scientific 

research, wherein title to equipment purchased with 

funds under such contracts may be vested in such 

institutions or organizations under the authority of 

section 2 of Pub. L. 85-934, approved September 

6, 1938 (42 U.S.C. 1892). 

 3. Training grants made under the authority of the 

National Aeronautics and Space Act of 1958, as 

amended (42 U.S.C. 2451-2460, 2472-2473). 

 4. Facilities grants made under authority in annual 

NASA authorization and appropriation acts. 

[30 FR 301, Jan. 9, 1965, as amended at 38 FR 

17936, July 5, 1973] 
Code of Federal Regulations

 

Title 14: Aeronautics and Space

PART 1253—NONDISCRIMINATION ON 

THE BASIS OF SEX IN EDUCATION 

PROGRAMS OR ACTIVITIES RECEIVING 

FEDERAL FINANCIAL ASSISTANCE 

Section Contents

Subpart A—Introduction

Sec. 1253.100 Purpose and effective date.

Sec. 1253.105 Definitions.

Sec. 1253.110 Remedial and affirmative 

action and self-evaluation.

Sec. 1253.115 Assurance required.

Sec. 1253.120 Transfers of property.

Sec. 1253.125 Effect of other 

requirements.

Sec. 1253.130 Effect of employment 

opportunities.

Sec. 1253.135 Designation of responsible 

employee and adoption of grievance 

procedures.

Sec. 1253.140 Dissemination of policy.

Subpart B—Coverage

Sec. 1253.200 Application.

Sec. 1253.205 Educational institutions and 

other entities controlled by religious 

organizations.

Sec. 1253.210 Military and merchant 

marine educational institutions.

Sec. 1253.215 Membership practices of 

certain organizations.

Sec. 1253.220 Admissions.

Sec. 1253.225 Educational institutions 

eligible to submit transition plans.

Sec. 1253.230 Transition plans.

Sec. 1253.235 Statutory amendments.

Subpart C—Discrimination on the Basis 

of Sex in Admission and Recruitment 

Prohibited

Sec. 1253.300 Admission.

Sec. 1253.305 Preference in admission.

Sec. 1253.310 Recruitment.

Subpart D—Discrimination on the Basis 

of Sex in Education Programs or 

Activities Prohibited

Sec. 1253.400 Education programs or 

activities.

Sec. 1253.405 Housing.

Sec. 1253.410 Comparable facilities.

Sec. 1253.415 Access to course offerings.

Sec. 1253.420 Access to schools operated 

by LEAs.

Sec. 1253.425 Counseling and use of 

appraisal and counseling materials.

Sec. 1253.430 Financial assistance.

Sec. 1253.435 Employment assistance to 

students.

Sec. 1253.440 Health and insurance 

benefits and services.

Sec. 1253.445 Marital or parental status.

Sec. 1253.450 Athletics.

Sec. 1253.455 Textbooks and curricular 

material.

Subpart E—Discrimination on the Basis 

of Sex in Employment in Education 

Programs or Activities Prohibited

Sec. 1253.500 Employment.

Sec. 1253.505 Employment criteria.

Sec. 1253.510 Recruitment.

Sec. 1253.515 Compensation.

Sec. 1253.520 Job classification and 

structure.

Sec. 1253.525 Fringe benefits.

Sec. 1253.530 Marital or parental status.

Sec. 1253.535 Effect of state or local law 

or other requirements.

Sec. 1253.540 Advertising.

Sec. 1253.545 Pre-employment inquiries.

Sec. 1253.550 Sex as a bona fide 

occupational qualification.

Subpart F—Procedures

Sec. 1253.600 Notice of covered 

programs.

Sec. 1253.605 Enforcement procedures.

Authority: 20 U.S.C. 1681, 1682, 1683, 

1685, 1686, 1687, 1688. 

Source: 65 FR 52865, 52876, Aug. 30, 

2000, unless otherwise noted. 
2

Subpart A—Introduction 

Sec. 1253.100 Purpose and effective 

date. 

The purpose of these Title IX regulations is to 

effectuate Title IX of the Education Amendments 

of 1972, as amended (except sections 904 and 

906 of those Amendments) (20 U.S.C. 1681, 

1682, 1683, 1685, 1686, 1687, 1688), which is 

designed to eliminate (with certain exceptions) 

discrimination on the basis of sex in any 

education program or activity receiving Federal 

financial assistance, whether or not such 

program or activity is offered or sponsored by an 

educational institution as defined in these Title IX 

regulations. The effective date of these Title IX 

regulations shall be September 29, 2000.

Sec. 1253.105 Definitions. 

As used in these Title IX regulations, the term:

Administratively separate unit means a school, 

department, or college of an educational 

institution (other than a local educational agency) 

admission to which is independent of admission 

to any other component of such institution. 

Admission means selection for part-time, fulltime, special, associate, transfer, exchange, or 

any other enrollment, membership, or 

matriculation in or at an education program or 

activity operated by a recipient. 

Applicant means one who submits an application, 

request, or plan required to be approved by an 

official of the Federal agency that awards Federal 

financial assistance, or by a recipient, as a 

condition to becoming a recipient. 

Designated agency official means Associate 

Administrator for Equal Opportunity Programs. 

Educational institution means a local educational 

agency (LEA) as defined by 20 U.S.C. 8801(18), 

a preschool, a private elementary or secondary 

school, or an applicant or recipient that is an 

institution of graduate higher education, an 

institution of undergraduate higher education, an 

institution of professional education, or an 

institution of vocational education, as defined in 

this section. 

Federal financial assistance means any of the 

following, when authorized or extended under a 

law administered by the Federal agency that 

awards such assistance: 

(1) A grant or loan of Federal financial 

assistance, including funds made available for: 

(i) The acquisition, construction, renovation, 

restoration, or repair of a building or facility or any 

portion thereof; and 

(ii) Scholarships, loans, grants, wages, or other 

funds extended to any entity for payment to or on 

behalf of students admitted to that entity, or 

extended directly to such students for payment to 

that entity. 

(2) A grant of Federal real or personal property or 

any interest therein, including surplus property, 

and the proceeds of the sale or transfer of such 

property, if the Federal share of the fair market 

value of the property is not, upon such sale or 

transfer, properly accounted for to the Federal 

Government. 

(3) Provision of the services of Federal 

personnel. 

(4) Sale or lease of Federal property or any 

interest therein at nominal consideration, or at 

consideration reduced for the purpose of 

assisting the recipient or in recognition of public 

interest to be served thereby, or permission to 

use Federal property or any interest therein 

without consideration. 

(5) Any other contract, agreement, or 

arrangement that has as one of its purposes the 

provision of assistance to any education program 

or activity, except a contract of insurance or 

guaranty. 

Institution of graduate higher education means an 

institution that: 

(1) Offers academic study beyond the bachelor of 

arts or bachelor of science degree, whether or 

not leading to a certificate of any higher degree in 

the liberal arts and sciences; 

(2) Awards any degree in a professional field 

beyond the first professional degree (regardless 

of whether the first professional degree in such 

field is awarded by an institution of 

undergraduate higher education or professional 

education); or 

(3) Awards no degree and offers no further 

academic study, but operates ordinarily for the 

purpose of facilitating research by persons who 

have received the highest graduate degree in any 

field of study. 
3

Institution of professional education means an 

institution (except any institution of 

undergraduate higher education) that offers a 

program of academic study that leads to a first 

professional degree in a field for which there is a 

national specialized accrediting agency 

recognized by the Secretary of Education. 

Institution of undergraduate higher education 

means: 

(1) An institution offering at least two but less 

than four years of college-level study beyond the 

high school level, leading to a diploma or an 

associate degree, or wholly or principally 

creditable toward a baccalaureate degree; or 

(2) An institution offering academic study leading 

to a baccalaureate degree; or 

(3) An agency or body that certifies credentials or 

offers degrees, but that may or may not offer 

academic study. 

Institution of vocational education means a 

school or institution (except an institution of 

professional or graduate or undergraduate higher 

education) that has as its primary purpose 

preparation of students to pursue a technical, 

skilled, or semiskilled occupation or trade, or to 

pursue study in a technical field, whether or not 

the school or institution offers certificates, 

diplomas, or degrees and whether or not it offers 

full-time study. 

Recipient means any State or political subdivision 

thereof, or any instrumentality of a State or 

political subdivision thereof, any public or private 

agency, institution, or organization, or other 

entity, or any person, to whom Federal financial 

assistance is extended directly or through 

another recipient and that operates an education 

program or activity that receives such assistance, 

including any subunit, successor, assignee, or 

transferee thereof. 

Student means a person who has gained 

admission. 

Title IX means Title IX of the Education 

Amendments of 1972, Public Law 92–318, 86 

Stat. 235, 373 (codified as amended at 20 U.S.C. 

1681–1688) (except sections 904 and 906 

thereof), as amended by section 3 of Public Law 

93–568, 88 Stat. 1855, by section 412 of the 

Education Amendments of 1976, Public Law 94–

482, 90 Stat. 2234, and by Section 3 of Public 

Law 100–259, 102 Stat. 28, 28–29 (20 U.S.C. 

1681, 1682, 1683, 1685, 1686, 1687, 1688). 

Title IX regulations means the provisions set forth 

at §§1253.100 through 1253.605. 

Transition plan means a plan subject to the 

approval of the Secretary of Education pursuant 

to section 901(a)(2) of the Education 

Amendments of 1972, 20 U.S.C. 1681(a)(2), 

under which an educational institution operates in 

making the transition from being an educational 

institution that admits only students of one sex to 

being one that admits students of both sexes 

without discrimination. 

Sec. 1253.110 Remedial and affirmative 

action and self-evaluation. 

(a) Remedial action. If the designated agency 

official finds that a recipient has discriminated 

against persons on the basis of sex in an 

education program or activity, such recipient shall 

take such remedial action as the designated 

agency official deems necessary to overcome the 

effects of such discrimination.

(b) Affirmative action. In the absence of a finding 

of discrimination on the basis of sex in an 

education program or activity, a recipient may 

take affirmative action consistent with law to 

overcome the effects of conditions that resulted 

in limited participation therein by persons of a 

particular sex. Nothing in these Title IX 

regulations shall be interpreted to alter any 

affirmative action obligations that a recipient may 

have under Executive Order 11246, 3 CFR, 

1964–1965 Comp., p. 339; as amended by 

Executive Order 11375, 3 CFR, 1966–1970 

Comp., p. 684; as amended by Executive Order 

11478, 3 CFR, 1966–1970 Comp., p. 803; as 

amended by Executive Order 12086, 3 CFR, 

1978 Comp., p. 230; as amended by Executive 

Order 12107, 3 CFR, 1978 Comp., p. 264. 

(c) Self-evaluation. Each recipient education 

institution shall, within one year of September 29, 

2000: 

(1) Evaluate, in terms of the requirements of 

these Title IX regulations, its current policies and 

practices and the effects thereof concerning 

admission of students, treatment of students, and 

employment of both academic and non-academic 

personnel working in connection with the 

recipient's education program or activity; 

(2) Modify any of these policies and practices that 

do not or may not meet the requirements of these 

Title IX regulations; and 
4

(3) Take appropriate remedial steps to eliminate 

the effects of any discrimination that resulted or 

may have resulted from adherence to these 

policies and practices. 

(d) Availability of self-evaluation and related 

materials. Recipients shall maintain on file for at 

least three years following completion of the 

evaluation required under paragraph (c) of this 

section, and shall provide to the designated 

agency official upon request, a description of any 

modifications made pursuant to paragraph (c)(2) 

of this section and of any remedial steps taken 

pursuant to paragraph (c)(3) of this section. 

Sec. 1253.115 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.1253.110(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. 

Sec. 1253.120 Transfers of property. 

If a recipient sells or otherwise transfers property 

financed in whole or in part with Federal financial 

assistance to a transferee that operates any 

education program or activity, and the Federal 

share of the fair market value of the property is 

not upon such sale or transfer properly 

accounted for to the Federal Government, both 

the transferor and the transferee shall be deemed 

to be recipients, subject to the provisions of 

§§1253.205 through 1253.235(a).

Sec. 1253.125 Effect of other 

requirements. 

(a) Effect of other Federal provisions. The 

obligations imposed by these Title IX regulations 

are independent of, and do not alter, obligations 

not to discriminate on the basis of sex imposed 

by Executive Order 11246, 3 CFR, 1964–1965 

Comp., p. 339; as amended by Executive Order 

11375, 3 CFR, 1966–1970 Comp., p. 684; as 

amended by Executive Order 11478, 3 CFR, 

1966–1970 Comp., p. 803; as amended by 

Executive Order 12087, 3 CFR, 1978 Comp., p. 

230; as amended by Executive Order 12107, 3 

CFR, 1978 Comp., p. 264; sections 704 and 855 

of the Public Health Service Act (42 U.S.C. 

295m, 298b-2); Title VII of the Civil Rights Act of 

1964 (42 U.S.C. 2000e et seq. ); the Equal Pay 

Act of 1963 (29 U.S.C. 206); and any other Act of 

Congress or Federal regulation.

(b) Effect of State or local law or other 

requirements. The obligation to comply with 

these Title IX regulations is not obviated or 

alleviated by any State or local law or other 

requirement that would render any applicant or 

student ineligible, or limit the eligibility of any 

applicant or student, on the basis of sex, to 

practice any occupation or profession. 
5

(c) Effect of rules or regulations of private 

organizations. The obligation to comply with 

these Title IX regulations is not obviated or 

alleviated by any rule or regulation of any 

organization, club, athletic or other league, or 

association that would render any applicant or 

student ineligible to participate or limit the 

eligibility or participation of any applicant or 

student, on the basis of sex, in any education 

program or activity operated by a recipient and 

that receives Federal financial assistance. 

Sec. 1253.130 Effect of employment 

opportunities. 

The obligation to comply with these Title IX 

regulations is not obviated or alleviated because 

employment opportunities in any occupation or 

profession are or may be more limited for 

members of one sex than for members of the 

other sex.

Sec. 1253.135 Designation of 

responsible employee and adoption of 

grievance procedures. 

(a) Designation of responsible employee. Each 

recipient shall designate at least one employee to 

coordinate its efforts to comply with and carry out its 

responsibilities under these Title IX regulations, 

including any investigation of any complaint 

communicated to such recipient alleging its 

noncompliance with these Title IX regulations or 

alleging any actions that would be prohibited by 

these Title IX regulations. The recipient shall notify 

all its students and employees of the name, office 

address, and telephone number of the employee or 

employees appointed pursuant to this paragraph.

(b) Complaint procedure of recipient. A recipient 

shall adopt and publish grievance procedures 

providing for prompt and equitable resolution of 

student and employee complaints alleging any 

action that would be prohibited by these Title IX 

regulations. 

Sec. 1253.140 Dissemination of policy. 

(a) Notification of policy. (1) Each recipient shall 

implement specific and continuing steps to notify 

applicants for admission and employment, 

students and parents of elementary and 

secondary school students, employees, sources 

of referral of applicants for admission and 

employment, and all unions or professional 

organizations holding collective bargaining or 

professional agreements with the recipient, that it 

does not discriminate on the basis of sex in the 

educational programs or activities that it 

operates, and that it is required by Title IX and 

these Title IX regulations not to discriminate in 

such a manner. Such notification shall contain 

such information, and be made in such manner, 

as the designated agency official finds necessary 

to apprise such persons of the protections 

against discrimination assured them by Title IX 

and these Title IX regulations, but shall state at 

least that the requirement not to discriminate in 

education programs or activities extends to 

employment therein, and to admission thereto 

unless §§1253.300 through 1253.310 do not 

apply to the recipient, and that inquiries 

concerning the application of Title IX and these 

Title IX regulations to such recipient may be 

referred to the employee designated pursuant to 

Sec.1253.135, or to the designated agency 

official.

(2) Each recipient shall make the initial 

notification required by paragraph (a)(1) of this 

section within 90 days of September 29, 2000 or 

of the date these Title IX regulations first apply to 

such recipient, whichever comes later, which 

notification shall include publication in: 

(i) Newspapers and magazines operated by such 

recipient or by student, alumnae, or alumni 

groups for or in connection with such recipient; 

and 

(ii) Memoranda or other written communications 

distributed to every student and employee of 

such recipient. 

(b) Publications. (1) Each recipient shall 

prominently include a statement of the policy 

described in paragraph (a) of this section in each 

announcement, bulletin, catalog, or application 

form that it makes available to any person of a 

type, described in paragraph (a) of this section, 

or which is otherwise used in connection with the 

recruitment of students or employees. 

(2) A recipient shall not use or distribute a 

publication of the type described in paragraph 

(b)(1) of this section that suggests, by text or 

illustration, that such recipient treats applicants, 

students, or employees differently on the basis of 

sex except as such treatment is permitted by 

these Title IX regulations. 

(c) Distribution. Each recipient shall distribute 

without discrimination on the basis of sex each 

publication described in paragraph (b)(1) of this 

section, and shall apprise each of its admission 

and employment recruitment representatives of 

the policy of nondiscrimination described in 

paragraph (a) of this section, and shall require 

such representatives to adhere to such policy. 
6

Subpart B—Coverage 

Sec. 1253.200 Application. 

Except as provided in §§1253.205 through 

1253.235(a), these Title IX regulations apply to 

every recipient and to each education program or 

activity operated by such recipient that receives 

Federal financial assistance.

Sec. 1253.205 Educational institutions 

and other entities controlled by religious 

organizations. 

(a) Exemption. These Title IX regulations do not 

apply to any operation of an educational 

institution or other entity that is controlled by a 

religious organization to the extent that 

application of these Title IX regulations would not 

be consistent with the religious tenets of such 

organization.

(b) Exemption claims. An educational institution 

or other entity that wishes to claim the exemption 

set forth in paragraph (a) of this section shall do 

so by submitting in writing to the designated 

agency official a statement by the highest-ranking 

official of the institution, identifying the provisions 

of these Title IX regulations that conflict with a 

specific tenet of the religious organization. 

Sec. 1253.210 Military and merchant 

marine educational institutions. 

These Title IX regulations do not apply to an 

educational institution whose primary purpose is 

the training of individuals for a military service of 

the United States or for the merchant marine.

Sec. 1253.215 Membership practices of 

certain organizations. 

(a) Social fraternities and sororities. These Title 

IX regulations do not apply to the membership 

practices of social fraternities and sororities that 

are exempt from taxation under section 501(a) of 

the Internal Revenue Code of 1954, 26 U.S.C. 

501(a), the active membership of which consists 

primarily of students in attendance at institutions 

of higher education.

(b) YMCA, YWCA, Girl Scouts, Boy Scouts, and 

Camp Fire Girls. These Title IX regulations do not 

apply to the membership practices of the Young 

Men's Christian Association (YMCA), the Young 

Women's Christian Association (YWCA), the Girl 

Scouts, the Boy Scouts, and Camp Fire Girls. 

(c) Voluntary youth service organizations. These 

Title IX regulations do not apply to the 

membership practices of a voluntary youth 

service organization that is exempt from taxation 

under section 501(a) of the Internal Revenue 

Code of 1954, 26 U.S.C. 501(a), and the 

membership of which has been traditionally 

limited to members of one sex and principally to 

persons of less than nineteen years of age. 

Sec. 1253.220 Admissions. 

(a) Admissions to educational institutions prior to 

June 24, 1973, are not covered by these Title IX 

regulations.

(b) Administratively separate units. For the 

purposes only of this section, §§1253.225 and 

1253.230, and §§1253.300 through 1253.310, 

each administratively separate unit shall be 

deemed to be an educational institution. 

(c) Application of §§1253.300 through 1253.310. 

Except as provided in paragraphs (d) and (e) of 

this section, §§1253.300 through 1253.310 apply 

to each recipient. A recipient to which 

§§1253.300 through 1253.310 apply shall not 

discriminate on the basis of sex in admission or 

recruitment in violation of §§1253.300 through 

1253.310. 

(d) Educational institutions. Except as provided in 

paragraph (e) of this section as to recipients that 

are educational institutions, §§1253.300 through 

1253.310 apply only to institutions of vocational 

education, professional education, graduate 

higher education, and public institutions of 

undergraduate higher education. 

(e) Public institutions of undergraduate higher 

education. §§1253.300 through 1253.310 do not 

apply to any public institution of undergraduate 

higher education that traditionally and continually 

from its establishment has had a policy of 

admitting students of only one sex. 

Sec. 1253.225 Educational institutions 

eligible to submit transition plans. 

(a) Application. This section applies to each 

educational institution to which §§1253.300 

through 1253.310 apply that:

(1) Admitted students of only one sex as regular 

students as of June 23, 1972; or 

(2) Admitted students of only one sex as regular 

students as of June 23, 1965, but thereafter 
7

admitted, as regular students, students of the sex 

not admitted prior to June 23, 1965. 

(b) Provision for transition plans. An educational 

institution to which this section applies shall not 

discriminate on the basis of sex in admission or 

recruitment in violation of §§1253.300 through 

1253.310. 

Sec. 1253.230 Transition plans. 

(a) Submission of plans. An institution to which 

Sec.1253.225 applies and that is composed of 

more than one administratively separate unit may 

submit either a single transition plan applicable to 

all such units, or a separate transition plan 

applicable to each such unit.

(b) Content of plans. In order to be approved by 

the Secretary of Education, a transition plan 

shall: 

(1) State the name, address, and Federal 

Interagency Committee on Education Code of the 

educational institution submitting such plan, the 

administratively separate units to which the plan 

is applicable, and the name, address, and 

telephone number of the person to whom 

questions concerning the plan may be 

addressed. The person who submits the plan 

shall be the chief administrator or president of the 

institution, or another individual legally authorized 

to bind the institution to all actions set forth in the 

plan. 

(2) State whether the educational institution or 

administratively separate unit admits students of 

both sexes as regular students and, if so, when it 

began to do so. 

(3) Identify and describe with respect to the 

educational institution or administratively 

separate unit any obstacles to admitting students 

without discrimination on the basis of sex. 

(4) Describe in detail the steps necessary to 

eliminate as soon as practicable each obstacle 

so identified and indicate the schedule for taking 

these steps and the individual directly 

responsible for their implementation. 

(5) Include estimates of the number of students, 

by sex, expected to apply for, be admitted to, and 

enter each class during the period covered by the 

plan. 

(c) Nondiscrimination. No policy or practice of a 

recipient to which Sec.1253.225 applies shall 

result in treatment of applicants to or students of 

such recipient in violation of §§1253.300 through 

1253.310 unless such treatment is necessitated 

by an obstacle identified in paragraph (b)(3) of 

this section and a schedule for eliminating that 

obstacle has been provided as required by 

paragraph (b)(4) of this section. 

(d) Effects of past exclusion. To overcome the 

effects of past exclusion of students on the basis 

of sex, each educational institution to which 

Sec.1253.225 applies shall include in its 

transition plan, and shall implement, specific 

steps designed to encourage individuals of the 

previously excluded sex to apply for admission to 

such institution. Such steps shall include 

instituting recruitment programs that emphasize 

the institution's commitment to enrolling students 

of the sex previously excluded. 

Sec. 1253.235 Statutory amendments. 

(a) This section, which applies to all provisions of 

these Title IX regulations, addresses statutory 

amendments to Title IX.

(b) These Title IX regulations shall not apply to or 

preclude: 

(1) Any program or activity of the American 

Legion undertaken in connection with the 

organization or operation of any Boys State 

conference, Boys Nation conference, Girls State 

conference, or Girls Nation conference; 

(2) Any program or activity of a secondary school 

or educational institution specifically for: 

(i) The promotion of any Boys State conference, 

Boys Nation conference, Girls State conference, 

or Girls Nation conference; or 

(ii) The selection of students to attend any such 

conference; 

(3) Father-son or mother-daughter activities at an 

educational institution or in an education program 

or activity, but if such activities are provided for 

students of one sex, opportunities for reasonably 

comparable activities shall be provided to 

students of the other sex; 

(4) Any scholarship or other financial assistance 

awarded by an institution of higher education to 

an individual because such individual has 

received such award in a single-sex pageant 

based upon a combination of factors related to 

the individual's personal appearance, poise, and 
8

talent. The pageant, however, must comply with 

other nondiscrimination provisions of Federal law. 

(c) Program or activity or program means: 

(1) All of the operations of any entity described in 

paragraphs (c)(1)(i) through (iv) of this section, 

any part of which is extended Federal financial 

assistance: 

(i)(A) A department, agency, special purpose 

district, or other instrumentality of a State or of a 

local government; or 

(B) The entity of such State or local government 

that distributes such assistance and each such 

department or agency (and each other State or 

local government entity) to which the assistance 

is extended, in the case of assistance to a State 

or local government; 

(ii)(A) A college, university, or other 

postsecondary institution, or a public system of 

higher education; or 

(B) A local educational agency (as defined in 

section 8801 of title 20), system of vocational 

education, or other school system; 

(iii)(A) An entire corporation, partnership, or other 

private organization, or an entire sole 

proprietorship— 

( 1 ) If assistance is extended to such 

corporation, partnership, private organization, or 

sole proprietorship as a whole; or 

( 2 ) Which is principally engaged in the business 

of providing education, health care, housing, 

social services, or parks and recreation; or 

(B) The entire plant or other comparable, 

geographically separate facility to which Federal 

financial assistance is extended, in the case of 

any other corporation, partnership, private 

organization, or sole proprietorship; or 

(iv) Any other entity that is established by two or 

more of the entities described in paragraphs 

(c)(1)(i), (ii), or (iii) of this section. 

(2)(i) Program or activity does not include any 

operation of an entity that is controlled by a 

religious organization if the application of 20 

U.S.C. 1681 to such operation would not be 

consistent with the religious tenets of such 

organization. 

(ii) For example, all of the operations of a college, 

university, or other postsecondary institution, 

including but not limited to traditional educational 

operations, faculty and student housing, campus 

shuttle bus service, campus restaurants, the 

bookstore, and other commercial activities are 

part of a “program or activity” subject to these 

Title IX regulations if the college, university, or 

other institution receives Federal financial 

assistance. 

(d)(1) Nothing in these Title IX regulations shall 

be construed to require or prohibit any person, or 

public or private entity, to provide or pay for any 

benefit or service, including the use of facilities, 

related to an abortion. Medical procedures, 

benefits, services, and the use of facilities, 

necessary to save the life of a pregnant woman 

or to address complications related to an abortion 

are not subject to this section. 

(2) Nothing in this section shall be construed to 

permit a penalty to be imposed on any person or 

individual because such person or individual is 

seeking or has received any benefit or service 

related to a legal abortion. Accordingly, subject to 

paragraph (d)(1) of this section, no person shall 

be excluded from participation in, be denied the 

benefits of, or be subjected to discrimination 

under any academic, extracurricular, research, 

occupational training, employment, or other 

educational program or activity operated by a 

recipient that receives Federal financial 

assistance because such individual has sought or 

received, or is seeking, a legal abortion, or any 

benefit or service related to a legal abortion. 

Subpart C—Discrimination on the Basis 

of Sex in Admission and Recruitment 

Prohibited 

Sec. 1253.300 Admission. 

(a) General. No person shall, on the basis of sex, 

be denied admission, or be subjected to 

discrimination in admission, by any recipient to 

which §§1253.300 through §§1253.310 apply, 

except as provided in §§1253.225 and 

§§1253.230.

(b) Specific prohibitions. (1) In determining 

whether a person satisfies any policy or criterion 

for admission, or in making any offer of 

admission, a recipient to which §§1253.300 

through 1253.310 apply shall not: 

(i) Give preference to one person over another on 

the basis of sex, by ranking applicants separately 

on such basis, or otherwise; 
9

(ii) Apply numerical limitations upon the number 

or proportion of persons of either sex who may 

be admitted; or 

(iii) Otherwise treat one individual differently from 

another on the basis of sex. 

(2) A recipient shall not administer or operate any 

test or other criterion for admission that has a 

disproportionately adverse effect on persons on 

the basis of sex unless the use of such test or 

criterion is shown to predict validly success in the 

education program or activity in question and 

alternative tests or criteria that do not have such 

a disproportionately adverse effect are shown to 

be unavailable. 

(c) Prohibitions relating to marital or parental 

status. In determining whether a person satisfies 

any policy or criterion for admission, or in making 

any offer of admission, a recipient to which 

§§1253.300 through 1253.310 apply: 

(1) Shall not apply any rule concerning the actual 

or potential parental, family, or marital status of a 

student or applicant that treats persons differently 

on the basis of sex; 

(2) Shall not discriminate against or exclude any 

person on the basis of pregnancy, childbirth, 

termination of pregnancy, or recovery therefrom, 

or establish or follow any rule or practice that so 

discriminates or excludes; 

(3) Subject to Sec.1253.235(d), shall treat 

disabilities related to pregnancy, childbirth, 

termination of pregnancy, or recovery therefrom 

in the same manner and under the same policies 

as any other temporary disability or physical 

condition; and 

(4) Shall not make pre-admission inquiry as to 

the marital status of an applicant for admission, 

including whether such applicant is “Miss” or 

“Mrs.” A recipient may make pre-admission 

inquiry as to the sex of an applicant for 

admission, but only if such inquiry is made 

equally of such applicants of both sexes and if 

the results of such inquiry are not used in 

connection with discrimination prohibited by 

these Title IX regulations. 

Sec. 1253.305 Preference in admission. 

A recipient to which §§1253.300 through 

1253.310 apply shall not give preference to 

applicants for admission, on the basis of 

attendance at any educational institution or other 

school or entity that admits as students only or 

predominantly members of one sex, if the giving 

of such preference has the effect of 

discriminating on the basis of sex in violation of 

§§1253.300 through 1253.310.

Sec. 1253.310 Recruitment. 

(a) Nondiscriminatory recruitment. A recipient to 

which §§1253.300 through 1253.310 apply shall 

not discriminate on the basis of sex in the 

recruitment and admission of students. A 

recipient may be required to undertake additional 

recruitment efforts for one sex as remedial action 

pursuant to Sec.1253.110(a), and may choose to 

undertake such efforts as affirmative action 

pursuant to Sec.1253.110(b).

(b) Recruitment at certain institutions. A recipient 

to which §§1253.300 through 1253.310 apply 

shall not recruit primarily or exclusively at 

educational institutions, schools, or entities that 

admit as students only or predominantly 

members of one sex, if such actions have the 

effect of discriminating on the basis of sex in 

violation of §§1253.300 through 1253.310. 

Subpart D—Discrimination on the Basis 

of Sex in Education Programs or 

Activities Prohibited 

Sec. 1253.400 Education programs or 

activities. 

(a) General. Except as provided elsewhere in these 

Title IX regulations, no person shall, on the basis of 

sex, be excluded from participation in, be denied the 

benefits of, or be subjected to discrimination under 

any academic, extracurricular, research, occupational 

training, or other education program or activity 

operated by a recipient that receives Federal financial 

assistance. Sections 1253.400 through 1253.455 do 

not apply to actions of a recipient in connection with 

admission of its students to an education program or 

activity of a recipient to which §§1253.300 through 

1253.310 do not apply, or an entity, not a recipient, to 

which §§1253.300 through 1253.310 would not apply 

if the entity were a recipient.

(b) Specific prohibitions. Except as provided in 

§§1253.400 through 1253.455, in providing any 

aid, benefit, or service to a student, a recipient 

shall not, on the basis of sex: 

(1) Treat one person differently from another in 

determining whether such person satisfies any 

requirement or condition for the provision of such 

aid, benefit, or service; 
10

(2) Provide different aid, benefits, or services or 

provide aid, benefits, or services in a different 

manner; 

(3) Deny any person any such aid, benefit, or 

service; 

(4) Subject any person to separate or different 

rules of behavior, sanctions, or other treatment; 

(5) Apply any rule concerning the domicile or 

residence of a student or applicant, including 

eligibility for in-state fees and tuition; 

(6) Aid or perpetuate discrimination against any 

person by providing significant assistance to any 

agency, organization, or person that discriminates 

on the basis of sex in providing any aid, benefit, or 

service to students or employees; 

(7) Otherwise limit any person in the enjoyment 

of any right, privilege, advantage, or opportunity. 

(c) Assistance administered by a recipient 

educational institution to study at a foreign 

institution. A recipient educational institution may 

administer or assist in the administration of 

scholarships, fellowships, or other awards 

established by foreign or domestic wills, trusts, or 

similar legal instruments, or by acts of foreign 

governments and restricted to members of one 

sex, that are designed to provide opportunities to 

study abroad, and that are awarded to students 

who are already matriculating at or who are 

graduates of the recipient institution; Provided, 

that a recipient educational institution that 

administers or assists in the administration of 

such scholarships, fellowships, or other awards 

that are restricted to members of one sex 

provides, or otherwise makes available, 

reasonable opportunities for similar studies for 

members of the other sex. Such opportunities 

may be derived from either domestic or foreign 

sources. 

(d) Aids, benefits or services not provided by 

recipient. (1) This paragraph (d) applies to any 

recipient that requires participation by any 

applicant, student, or employee in any education 

program or activity not operated wholly by such 

recipient, or that facilitates, permits, or considers 

such participation as part of or equivalent to an 

education program or activity operated by such 

recipient, including participation in educational 

consortia and cooperative employment and 

student-teaching assignments. 

(2) Such recipient: 

(i) Shall develop and implement a procedure 

designed to assure itself that the operator or 

sponsor of such other education program or 

activity takes no action affecting any applicant, 

student, or employee of such recipient that these 

Title IX regulations would prohibit such recipient 

from taking; and 

(ii) Shall not facilitate, require, permit, or consider 

such participation if such action occurs. 

Sec. 1253.405 Housing. 

(a) Generally. A recipient shall not, on the basis 

of sex, apply different rules or regulations, 

impose different fees or requirements, or offer 

different services or benefits related to housing, 

except as provided in this section (including 

housing provided only to married students).

(b) Housing provided by recipient. (1) A recipient 

may provide separate housing on the basis of 

sex. 

(2) Housing provided by a recipient to students of 

one sex, when compared to that provided to 

students of the other sex, shall be as a whole: 

(i) Proportionate in quantity to the number of 

students of that sex applying for such housing; 

and 

(ii) Comparable in quality and cost to the student. 

(c) Other housing. (1) A recipient shall not, on the 

basis of sex, administer different policies or 

practices concerning occupancy by its students 

of housing other than that provided by such 

recipient. 

(2)(i) A recipient which, through solicitation, 

listing, approval of housing, or otherwise, assists 

any agency, organization, or person in making 

housing available to any of its students, shall take 

such reasonable action as may be necessary to 

assure itself that such housing as is provided to 

students of one sex, when compared to that 

provided to students of the other sex, is as a 

whole: 

(A) Proportionate in quantity; and 

(B) Comparable in quality and cost to the student. 
11

(ii) A recipient may render such assistance to any 

agency, organization, or person that provides all 

or part of such housing to students of only one 

sex. 

Sec. 1253.410 Comparable facilities. 

A recipient may provide separate toilet, locker 

room, and shower facilities on the basis of sex, 

but such facilities provided for students of one 

sex shall be comparable to such facilities 

provided for students of the other sex.

Sec. 1253.415 Access to course 

offerings. 

(a) A recipient shall not provide any course or 

otherwise carry out any of its education program 

or activity separately on the basis of sex, or 

require or refuse participation therein by any of its 

students on such basis, including health, physical 

education, industrial, business, vocational, 

technical, home economics, music, and adult 

education courses.

(b)(1) With respect to classes and activities in 

physical education at the elementary school 

level, the recipient shall comply fully with this 

section as expeditiously as possible but in no 

event later than one year from September 29, 

2000. With respect to physical education classes 

and activities at the secondary and postsecondary levels, the recipient shall comply fully 

with this section as expeditiously as possible but 

in no event later than three years from 

September 29, 2000. 

(2) This section does not prohibit grouping of 

students in physical education classes and 

activities by ability as assessed by objective 

standards of individual performance developed 

and applied without regard to sex. 

(3) This section does not prohibit separation of 

students by sex within physical education classes 

or activities during participation in wrestling, 

boxing, rugby, ice hockey, football, basketball, 

and other sports the purpose or major activity of 

which involves bodily contact. 

(4) Where use of a single standard of measuring 

skill or progress in a physical education class has 

an adverse effect on members of one sex, the 

recipient shall use appropriate standards that do 

not have such effect. 

(5) Portions of classes in elementary and 

secondary schools, or portions of education 

programs or activities, that deal exclusively with 

human sexuality may be conducted in separate 

sessions for boys and girls. 

(6) Recipients may make requirements based on 

vocal range or quality that may result in a chorus 

or choruses of one or predominantly one sex. 

Sec. 1253.420 Access to schools 

operated by LEAs. 

A recipient that is a local educational agency 

shall not, on the basis of sex, exclude any person 

from admission to:

(a) Any institution of vocational education 

operated by such recipient; or 

(b) Any other school or educational unit operated 

by such recipient, unless such recipient otherwise 

makes available to such person, pursuant to the 

same policies and criteria of admission, courses, 

services, and facilities comparable to each 

course, service, and facility offered in or through 

such schools. 

Sec. 1253.425 Counseling and use of 

appraisal and counseling materials. 

(a) Counseling. A recipient shall not discriminate 

against any person on the basis of sex in the 

counseling or guidance of students or applicants 

for admission.

(b) Use of appraisal and counseling materials. A 

recipient that uses testing or other materials for 

appraising or counseling students shall not use 

different materials for students on the basis of their 

sex or use materials that permit or require different 

treatment of students on such basis unless such 

different materials cover the same occupations and 

interest areas and the use of such different materials 

is shown to be essential to eliminate sex bias. 

Recipients shall develop and use internal procedures 

for ensuring that such materials do not discriminate 

on the basis of sex. Where the use of a counseling 

test or other instrument results in a substantially 

disproportionate number of members of one sex in 

any particular course of study or classification, the 

recipient shall take such action as is necessary to 

assure itself that such disproportion is not the result 

of discrimination in the instrument or its application. 

(c) Disproportion in classes. Where a recipient 

finds that a particular class contains a 
12

substantially disproportionate number of 

individuals of one sex, the recipient shall take 

such action as is necessary to assure itself that 

such disproportion is not the result of 

discrimination on the basis of sex in counseling 

or appraisal materials or by counselors. 

Sec. 1253.430 Financial assistance. 

(a) General. Except as provided in paragraphs 

(b) and (c) of this section, in providing financial 

assistance to any of its students, a recipient shall 

not:

(1) On the basis of sex, provide different amounts 

or types of such assistance, limit eligibility for 

such assistance that is of any particular type or 

source, apply different criteria, or otherwise 

discriminate; 

(2) Through solicitation, listing, approval, 

provision of facilities, or other services, assist any 

foundation, trust, agency, organization, or person 

that provides assistance to any of such recipient's 

students in a manner that discriminates on the 

basis of sex; or 

(3) Apply any rule or assist in application of any 

rule concerning eligibility for such assistance that 

treats persons of one sex differently from persons 

of the other sex with regard to marital or parental 

status. 

(b) Financial aid established by certain legal 

instruments. (1) A recipient may administer or 

assist in the administration of scholarships, 

fellowships, or other forms of financial assistance 

established pursuant to domestic or foreign wills, 

trusts, bequests, or similar legal instruments or 

by acts of a foreign government that require that 

awards be made to members of a particular sex 

specified therein; Provided, that the overall effect 

of the award of such sex-restricted scholarships, 

fellowships, and other forms of financial 

assistance does not discriminate on the basis of 

sex. 

(2) To ensure nondiscriminatory awards of 

assistance as required in paragraph (b)(1) of this 

section, recipients shall develop and use 

procedures under which: 

(i) Students are selected for award of financial 

assistance on the basis of nondiscriminatory 

criteria and not on the basis of availability of 

funds restricted to members of a particular sex; 

(ii) An appropriate sex-restricted scholarship, 

fellowship, or other form of financial assistance is 

allocated to each student selected under 

paragraph (b)(2)(i) of this section; and 

(iii) No student is denied the award for which he 

or she was selected under paragraph (b)(2)(i) of 

this section because of the absence of a 

scholarship, fellowship, or other form of financial 

assistance designated for a member of that 

student's sex. 

(c) Athletic scholarships. (1) To the extent that a 

recipient awards athletic scholarships or grantsin-aid, it must provide reasonable opportunities 

for such awards for members of each sex in 

proportion to the number of students of each sex 

participating in interscholastic or intercollegiate 

athletics. 

(2) A recipient may provide separate athletic 

scholarships or grants-in-aid for members of 

each sex as part of separate athletic teams for 

members of each sex to the extent consistent 

with this paragraph (c) and Sec.1253.450. 

Sec. 1253.435 Employment assistance 

to students. 

(a) Assistance by recipient in making available 

outside employment. A recipient that assists any 

agency, organization, or person in making 

employment available to any of its students:

(1) Shall assure itself that such employment is 

made available without discrimination on the 

basis of sex; and 

(2) Shall not render such services to any agency, 

organization, or person that discriminates on the 

basis of sex in its employment practices. 

(b) Employment of students by recipients. A 

recipient that employs any of its students shall 

not do so in a manner that violates §§1253.500 

through 1253.550. 

Sec. 1253.440 Health and insurance 

benefits and services. 

Subject to Sec.1253.235(d), in providing a 

medical, hospital, accident, or life insurance 

benefit, service, policy, or plan to any of its 

students, a recipient shall not discriminate on the 

basis of sex, or provide such benefit, service, 

policy, or plan in a manner that would violate 

§§1253.500 through 1253.550 if it were provided 

to employees of the recipient. This section shall 

not prohibit a recipient from providing any benefit 

or service that may be used by a different 
13

proportion of students of one sex than of the 

other, including family planning services. 

However, any recipient that provides full 

coverage health service shall provide 

gynecological care.

Sec. 1253.445 Marital or parental status. 

(a) Status generally. A recipient shall not apply 

any rule concerning a student's actual or potential 

parental, family, or marital status that treats 

students differently on the basis of sex.

(b) Pregnancy and related conditions. (1) A 

recipient shall not discriminate against any 

student, or exclude any student from its 

education program or activity, including any class 

or extracurricular activity, on the basis of such 

student's pregnancy, childbirth, false pregnancy, 

termination of pregnancy, or recovery therefrom, 

unless the student requests voluntarily to 

participate in a separate portion of the program or 

activity of the recipient. 

(2) A recipient may require such a student to 

obtain the certification of a physician that the 

student is physically and emotionally able to 

continue participation as long as such a 

certification is required of all students for other 

physical or emotional conditions requiring the 

attention of a physician. 

(3) A recipient that operates a portion of its 

education program or activity separately for 

pregnant students, admittance to which is 

completely voluntary on the part of the student as 

provided in paragraph (b)(1) of this section, shall 

ensure that the separate portion is comparable to 

that offered to non-pregnant students. 

(4) Subject to Sec.1253.235(d), a recipient shall 

treat pregnancy, childbirth, false pregnancy, 

termination of pregnancy and recovery therefrom 

in the same manner and under the same policies 

as any other temporary disability with respect to 

any medical or hospital benefit, service, plan, or 

policy that such recipient administers, operates, 

offers, or participates in with respect to students 

admitted to the recipient's educational program or 

activity. 

(5) In the case of a recipient that does not 

maintain a leave policy for its students, or in the 

case of a student who does not otherwise qualify 

for leave under such a policy, a recipient shall 

treat pregnancy, childbirth, false pregnancy, 

termination of pregnancy, and recovery therefrom 

as a justification for a leave of absence for as 

long a period of time as is deemed medically 

necessary by the student's physician, at the 

conclusion of which the student shall be 

reinstated to the status that she held when the 

leave began. 

Sec. 1253.450 Athletics. 

(a) General. No person shall, on the basis of sex, 

be excluded from participation in, be denied the 

benefits of, be treated differently from another 

person, or otherwise be discriminated against in 

any interscholastic, intercollegiate, club, or 

intramural athletics offered by a recipient, and no 

recipient shall provide any such athletics 

separately on such basis.

(b) Separate teams. Notwithstanding the 

requirements of paragraph (a) of this section, a 

recipient may operate or sponsor separate teams 

for members of each sex where selection for 

such teams is based upon competitive skill or the 

activity involved is a contact sport. However, 

where a recipient operates or sponsors a team in 

a particular sport for members of one sex but 

operates or sponsors no such team for members 

of the other sex, and athletic opportunities for 

members of that sex have previously been 

limited, members of the excluded sex must be 

allowed to try out for the team offered unless the 

sport involved is a contact sport. For the 

purposes of these Title IX regulations, contact 

sports include boxing, wrestling, rugby, ice 

hockey, football, basketball, and other sports the 

purpose or major activity of which involves bodily 

contact. 

(c) Equal opportunity. (1) A recipient that 

operates or sponsors interscholastic, 

intercollegiate, club, or intramural athletics shall 

provide equal athletic opportunity for members of 

both sexes. In determining whether equal 

opportunities are available, the designated 

agency official will consider, among other factors: 

(i) Whether the selection of sports and levels of 

competition effectively accommodate the 

interests and abilities of members of both sexes; 

(ii) The provision of equipment and supplies; 

(iii) Scheduling of games and practice time; 

(iv) Travel and per diem allowance; 

(v) Opportunity to receive coaching and 

academic tutoring; 

(vi) Assignment and compensation of coaches 

and tutors; 
14

(vii) Provision of locker rooms, practice, and 

competitive facilities; 

(viii) Provision of medical and training facilities 

and services; 

(ix) Provision of housing and dining facilities and 

services; 

(x) Publicity. 

(2) For purposes of paragraph (c)(1) of this 

section, unequal aggregate expenditures for 

members of each sex or unequal expenditures 

for male and female teams if a recipient operates 

or sponsors separate teams will not constitute 

noncompliance with this section, but the 

designated agency official may consider the 

failure to provide necessary funds for teams for 

one sex in assessing equality of opportunity for 

members of each sex. 

(d) Adjustment period. A recipient that operates 

or sponsors interscholastic, intercollegiate, club, 

or intramural athletics at the elementary school 

level shall comply fully with this section as 

expeditiously as possible but in no event later 

than one year from September 29, 2000. A 

recipient that operates or sponsors 

interscholastic, intercollegiate, club, or intramural 

athletics at the secondary or postsecondary 

school level shall comply fully with this section as 

expeditiously as possible but in no event later 

than three years from September 29, 2000. 

Sec. 1253.455 Textbooks and curricular 

material. 

Nothing in these Title IX regulations shall be 

interpreted as requiring or prohibiting or abridging 

in any way the use of particular textbooks or 

curricular materials.

Subpart E—Discrimination on the Basis 

of Sex in Employment in Education 

Programs or Activities Prohibited 

Sec. 1253.500 Employment. 

(a) General. (1) No person shall, on the basis of 

sex, be excluded from participation in, be denied 

the benefits of, or be subjected to discrimination 

in employment, or recruitment, consideration, or 

selection therefore, whether full-time or part-time, 

under any education program or activity operated 

by a recipient that receives Federal financial 

assistance. 

(2) A recipient shall make all employment 

decisions in any education program or activity 

operated by such recipient in a nondiscriminatory 

manner and shall not limit, segregate, or classify 

applicants or employees in any way that could 

adversely affect any applicant's or employee's 

employment opportunities or status because of 

sex. 

(3) A recipient shall not enter into any contractual 

or other relationship which directly or indirectly 

has the effect of subjecting employees or 

students to discrimination prohibited by 

§§1253.500 through 1253.550, including 

relationships with employment and referral 

agencies, with labor unions, and with 

organizations providing or administering fringe 

benefits to employees of the recipient. 

(4) A recipient shall not grant preferences to 

applicants for employment on the basis of 

attendance at any educational institution or entity 

that admits as students only or predominantly 

members of one sex, if the giving of such 

preferences has the effect of discriminating on 

the basis of sex in violation of these Title IX 

regulations. 

(b) Application. The provisions of §§1253.500 

through 1253.550 apply to: 

(1) Recruitment, advertising, and the process of 

application for employment; 

(2) Hiring, upgrading, promotion, consideration 

for and award of tenure, demotion, transfer, 

layoff, termination, application of nepotism 

policies, right of return from layoff, and rehiring; 

(3) Rates of pay or any other form of 

compensation, and changes in compensation; 

(4) Job assignments, classifications, and 

structure, including position descriptions, lines of 

progression, and seniority lists; 

(5) The terms of any collective bargaining 

agreement; 

(6) Granting and return from leaves of absence, 

leave for pregnancy, childbirth, false pregnancy, 

termination of pregnancy, leave for persons of 

either sex to care for children or dependents, or 

any other leave; 

(7) Fringe benefits available by virtue of 

employment, whether or not administered by the 

recipient; 
15

(8) Selection and financial support for training, 

including apprenticeship, professional meetings, 

conferences, and other related activities, 

selection for tuition assistance, selection for 

sabbaticals and leaves of absence to pursue 

training; 

(9) Employer-sponsored activities, including 

social or recreational programs; and 

(10) Any other term, condition, or privilege of 

employment. 

Sec. 1253.505 Employment criteria. 

A recipient shall not administer or operate any 

test or other criterion for any employment 

opportunity that has a disproportionately adverse 

effect on persons on the basis of sex unless:

(a) Use of such test or other criterion is shown to 

predict validly successful performance in the 

position in question; and 

(b) Alternative tests or criteria for such purpose, 

which do not have such disproportionately 

adverse effect, are shown to be unavailable. 

Sec. 1253.510 Recruitment. 

(a) Nondiscriminatory recruitment and hiring. A 

recipient shall not discriminate on the basis of 

sex in the recruitment and hiring of employees. 

Where a recipient has been found to be presently 

discriminating on the basis of sex in the 

recruitment or hiring of employees, or has been 

found to have so discriminated in the past, the 

recipient shall recruit members of the sex so 

discriminated against so as to overcome the 

effects of such past or present discrimination.

(b) Recruitment patterns. A recipient shall not 

recruit primarily or exclusively at entities that 

furnish as applicants only or predominantly 

members of one sex if such actions have the 

effect of discriminating on the basis of sex in 

violation of §§1253.500 through 1253.550. 

Sec. 1253.515 Compensation. 

A recipient shall not make or enforce any policy 

or practice that, on the basis of sex:

(a) Makes distinctions in rates of pay or other 

compensation; 

(b) Results in the payment of wages to 

employees of one sex at a rate less than that 

paid to employees of the opposite sex for equal 

work on jobs the performance of which requires 

equal skill, effort, and responsibility, and that are 

performed under similar working conditions. 

Sec. 1253.520 Job classification and 

structure. 

A recipient shall not:

(a) Classify a job as being for males or for 

females; 

(b) Maintain or establish separate lines of 

progression, seniority lists, career ladders, or 

tenure systems based on sex; or 

(c) Maintain or establish separate lines of 

progression, seniority systems, career ladders, or 

tenure systems for similar jobs, position 

descriptions, or job requirements that classify 

persons on the basis of sex, unless sex is a bona 

fide occupational qualification for the positions in 

question as set forth in Sec.1253.550. 

Sec. 1253.525 Fringe benefits. 

(a) “Fringe benefits” defined. For purposes of 

these Title IX regulations, fringe benefits means: 

Any medical, hospital, accident, life insurance, or 

retirement benefit, service, policy or plan, any 

profit-sharing or bonus plan, leave, and any other 

benefit or service of employment not subject to 

the provision of Sec.1253.515.

(b) Prohibitions. A recipient shall not: 

(1) Discriminate on the basis of sex with regard to 

making fringe benefits available to employees or 

make fringe benefits available to spouses, 

families, or dependents of employees differently 

upon the basis of the employee's sex; 

2) Administer, operate, offer, or participate in a 

fringe benefit plan that does not provide for equal 

periodic benefits for members of each sex and for 

equal contributions to the plan by such recipient 

for members of each sex; or 

(3) Administer, operate, offer, or participate in a 

pension or retirement plan that establishes 

different optional or compulsory retirement ages 
16

based on sex or that otherwise discriminates in 

benefits on the basis of sex. 

Sec. 1253.530 Marital or parental status. 

(a) General. A recipient shall not apply any policy 

or take any employment action:

(1) Concerning the potential marital, parental, or 

family status of an employee or applicant for 

employment that treats persons differently on the 

basis of sex; or 

(2) Which is based upon whether an employee or 

applicant for employment is the head of 

household or principal wage earner in such 

employee's or applicant's family unit. 

(b) Pregnancy. A recipient shall not discriminate 

against or exclude from employment any 

employee or applicant for employment on the 

basis of pregnancy, childbirth, false pregnancy, 

termination of pregnancy, or recovery therefrom. 

(c) Pregnancy as a temporary disability. Subject 

to Sec.1253.235(d), a recipient shall treat 

pregnancy, childbirth, false pregnancy, 

termination of pregnancy, recovery therefrom, 

and any temporary disability resulting therefrom 

as any other temporary disability for all jobrelated purposes, including commencement, 

duration, and extensions of leave, payment of 

disability income, accrual of seniority and any 

other benefit or service, and reinstatement, and 

under any fringe benefit offered to employees by 

virtue of employment. 

(d) Pregnancy leave. In the case of a recipient 

that does not maintain a leave policy for its 

employees, or in the case of an employee with 

insufficient leave or accrued employment time to 

qualify for leave under such a policy, a recipient 

shall treat pregnancy, childbirth, false pregnancy, 

termination of pregnancy, and recovery therefrom 

as a justification for a leave of absence without 

pay for a reasonable period of time, at the 

conclusion of which the employee shall be 

reinstated to the status that she held when the 

leave began or to a comparable position, without 

decrease in rate of compensation or loss of 

promotional opportunities, or any other right or 

privilege of employment. 

Sec. 1253.535 Effect of state or local law 

or other requirements. 

(a) Prohibitory requirements. The obligation to 

comply with §§1253.500 through 1253.550 is not 

obviated or alleviated by the existence of any 

State or local law or other requirement that 

imposes prohibitions or limits upon employment 

of members of one sex that are not imposed 

upon members of the other sex.

(b) Benefits. A recipient that provides any 

compensation, service, or benefit to members of 

one sex pursuant to a State or local law or other 

requirement shall provide the same 

compensation, service, or benefit to members of 

the other sex. 

Sec. 1253.540 Advertising. 

A recipient shall not in any advertising related to 

employment indicate preference, limitation, 

specification, or discrimination based on sex 

unless sex is a bona fide occupational 

qualification for the particular job in question.

Sec. 1253.545 Pre-employment 

inquiries. 

(a) Marital status. A recipient shall not make preemployment inquiry as to the marital status of an 

applicant for employment, including whether such 

applicant is “Miss” or “Mrs.”

(b) Sex. A recipient may make pre-employment 

inquiry as to the sex of an applicant for 

employment, but only if such inquiry is made 

equally of such applicants of both sexes and if 

the results of such inquiry are not used in 

connection with discrimination prohibited by 

these Title IX regulations. 

Sec. 1253.550 Sex as a bona fide 

occupational qualification. 

A recipient may take action otherwise prohibited by 

§§1253.500 through 1253.550 provided it is shown that 

sex is a bona fide occupational qualification for that 

action, such that consideration of sex with regard to 

such action is essential to successful operation of the 

employment function concerned. A recipient shall not 

take action pursuant to this section that is based upon 

alleged comparative employment characteristics or 

stereotyped characterizations of one or the other sex, 

or upon preference based on sex of the recipient, 

employees, students, or other persons, but nothing 

contained in this section shall prevent a recipient from 

considering an employee's sex in relation to 

employment in a locker room or toilet facility used only 

by members of one sex.
17

Subpart F—Procedures 

Sec. 1253.600 Notice of covered 

programs. 

Within 60 days of September 29, 2000, each 

Federal agency that awards Federal financial 

assistance shall publish in the Federal Register a 

notice of the programs covered by these Title IX 

regulations. Each such Federal agency shall 

periodically republish the notice of covered 

programs to reflect changes in covered 

programs. Copies of this notice also shall be 

made available upon request to the Federal 

agency's office that enforces Title IX.

Sec. 1253.605 Enforcement procedures. 

The investigative, compliance, and enforcement 

procedural provisions of Title VI of the Civil 

Rights Act of 1964 (42 U.S.C. 2000d) (“Title VI”) 

are hereby adopted and applied to these Title IX 

regulations. These procedures may be found at 

14 CFR 1250.105 through 1250.110.

[65 FR 52877, Aug. 30, 2000] 

 
Code of Federal Regulations 

Title 14: Aeronautics and Space 

PART 1251--NONDISCRIMINATION ON BASIS OF 

HANDICAP 

Section Contents 

Subpart 1251.1--General Provisions 

 

Sec. 1251.100 Purpose. 

Sec. 1251.101 Application. 

Sec. 1251.102 Definitions. 

Sec. 1251.103 Discrimination prohibited. 

Sec. 1251.104 Assurances required. 

Sec. 1251.105 Remedial action, voluntary action, 

and self-evaluation. 

Sec. 1251.106 Designation of responsible 

employee and adoption of grievance procedures. 

Sec. 1251.107 Notice. 

Sec. 1251.108 Administrative requirements for 

small recipients. 

Sec. 1251.109 Effect of State or local law or other 

requirements and effect of employment 

opportunities. 

Subpart 1251.2--Employment Practices 

 

Sec. 1251.200 Discrimination prohibited. 

Sec. 1251.201 Reasonable accommodation. 

Sec. 1251.202 Employment criteria. 

Sec. 1251.203 Preemployment inquiries. 

Sec. 1251.300 Discrimination prohibited. 

Sec. 1251.301 Existing facilities. 

Sec. 1251.302 New construction. 

Subpart 1251.4--Procedures 

 

Sec. 1251.400 Procedures for compliance. 

Sec. 1251.501 Purpose. 

Sec. 1251.502 Application. 

Secs. 1251.504-1251.509 [Reserved] 

Sec. 1251.510 Self-evaluation. 

Secs. 1251.512-1251.529 [Reserved] 

Sec. 1251.540 Employment. 

Sec. 1251.549 Program accessibility: 

Discrimination prohibited. 

Sec. 1251.550 Program accessibility: Existing 

facilities. 

Secs. 1251.552-1251.559 [Reserved] 

Secs. 1251.561-1251.569 [Reserved] 

Secs. 1251.571-1251.999 [Reserved] 

Subpart 1251.1--General Provisions 

 

Sec. 1251.100 Purpose. 

 This part effectuates section 504 of the 

Rehabilitation Act of 1973, which is designed to 

eliminate discrimination on the basis of handicap 

in any program or activity receiving Federal financial 

assistance. 

Sec. 1251.101 Application. 

 This part applies to each recipient of Federal 

financial assistance from the National Aeronautics 

and Space Administration and to each program or 

activity that receives or benefits from such 

assistance. 

Sec. 1251.102 Definitions. 

 As used in this part, the term: 

 (a) The Act means the Rehabilitation Act of 1973, 

Pub. L. 93-112, as amended by the Rehabilitation 

Act Amendments of 1974, Pub. L. 93-516, 29 

U.S.C. 794. 

 (b) Section 504 means section 504 of the Act. 

 (c) Assistant Administrator means the Assistant 

Administrator for Equal Opportunity Programs for 

NASA. 

 (d) Recipient means any state or its political 

subdivision, any instrumentality of a state or its 

political subdivision, any public or private agency, 

institution, organization, or other entry, or any 

person to which Federal financial assistance is 

extended directly or through another recipient, 

including any successor, assignee, or transferee of 

a recipient, but excluding the ultimate beneficiary of 

the assistance. 

 (e) Applicant for assistance means one who 

submits an application, request, or plan required to 

be approved by a NASA official or by a recipient as 

a condition to becoming a recipient. 

 (f) Federal financial assistance means any grant, 

loan, contract (other than a procurement contract or 

a contract of insurance or guaranty), or any other 

arrangement by which the agency provides or 

otherwise makes available assistance in the form of: 

 (1) Funds; 

 (2) Services of Federal personnel; or 
2 

 (3) Real and personal property or any interest in 

or use of such property, including: 

 (i) Transfers or leases of such property for less 

than fair market value or for reduced consideration; 

and 

 (ii) Proceeds from a subsequent transfer or lease 

of such property if the Federal share of its fair 

market value is not returned to the Federal 

Government. 

 (g) Facility means all or any portion of buildings, 

structures, equipment, roads, walks, parking lots, or 

other real or personal property or interest in such 

property. 

 (h) Handicapped person. (1) Handicapped 

persons means any person who: 

 (i) Has a physical or mental impairment which 

substantially limits one or more major life activities; 

 (ii) Has a record of such an impairment; or 

 (iii) Is regarded as having such an impairment. 

 (2) As used in paragraph (h)(1) of this section, the 

phrase: 

 (i) Physical or mental impairment means: 

 (A) Any physiological disorder or condition, 

cosmetic disfigurement, or anatomical loss affecting 

one or more of the following body systems: 

neurological; musculoskeletal; special sense 

organs; respiratory, including speech organs; 

cardiovascular; reproductive; digestive; 

genitourinary; hemic and lymphatic; skin; and 

endocrine; or 

 (B) Any mental or psychological disorder, such as 

mental retardation, organic brain syndrome, 

emotional or mental illness, and specific learning 

disabilities. The term physical or mental impairment 

includes, but is not limited to, such diseases and 

conditions as orthopedic, visual, speech, and 

hearing impairments, cerebral palsy, epilepsy, 

muscular dystrophy, multiple sclerosis, cancer, heart 

disease, diabetes, mental retardation, emotional 

illness, drug addiction, and alcoholism. 

 (ii) Major life activities means functions such as 

caring for one's self, performing manual tasks, 

walking, seeing, hearing, speaking, breathing, 

learning, and working. 

 (iii) Has a record of such an impairment means 

has a history of, or has been misclassified as 

having, a mental or physical impairment that 

substantially limits one or more major life activities. 

 (iv) Is regarded as having an impairment means: 

 (A) Has a physical or mental impairment that 

does not substantially limit major life activities but 

that is treated by a recipient as constituting such a 

limitation; 

 (B) Has a physical or mental impairment that 

substantially limits major life activities only as a 

result of the attitudes of others toward 

such impairment; or 

 (C) Has none of the impairments defined in this 

paragraph but is treated by a recipient as having 

such an impairment. 

 (i) Qualified handicapped person means: 

 (1) With respect to employment, a handicapped 

person who, with reasonable accommodation, can 

perform the essential functions of the job 

in question; 

 (2) With respect to other services, a handicapped 

person who meets the essential eligibility 

requirements for the receipt of such services. 

 (j) Handicap means any condition or 

characteristic that renders a person a handicapped 

person as defined in paragraph (h) of this section. 

Sec. 1251.103 Discrimination prohibited. 

 (a) General. No qualified handicapped person 

shall, on the basis of handicap, be excluded from 

participation in, be denied the benefits of, or 

otherwise be subjected to discrimination under any 

program or activity which receives or benefits from 

Federal financial assistance. 

 (b) Discriminatory actions prohibited. (1) A 

recipient, in providing any aid, benefits, or services, 

may not, directly or through contractual, licensing, or 

other arrangements, on the basis of handicap: 

 (i) Deny a qualified handicapped person the 

opportunity to participate in or benefit from the aid, 

benefit, or service; 

 (ii) Afford a qualified handicapped person an 

opportunity to participate in or benefit from aid, 

benefit, or service that is not equal to that afforded 

others; 

 (iii) Provide a qualified handicapped person with 

an aid, benefit, or service that is not as effective as 

that provided to others; 

 (iv) Provide different or separate aid, benefits, or 

services to handicapped persons or to any class of 

handicapped persons unless such action is 

necessary to provide qualified handicapped persons 

with aid, benefits, or services that are as effective as 

those provided to others; 

 (v) Aid or perpetuate discrimination against a 

qualified handicapped person by providing 

significant assistance to an agency, organization, 

or person that discriminates on the basis of 

handicap in providing any aid, benefit, or service to 

beneficiaries of the recipient's program; 

 (vi) Deny a qualified handicapped person the 

opportunity to participate as a member of planning 

or advisory boards; or 

 (vii) Otherwise limit a qualified handicapped 

person in the enjoyment of any right, privilege, 
3 

advantage, or opportunity enjoyed by others 

receiving an aid, benefit, or service. 

 (2) For purposes of this part, aids, benefits, and 

services, to be equally effective, are not required to 

produce the identical result or level of achievement 

for handicapped persons and nonhandicapped 

persons, but must afford handicapped persons 

equal opportunity to obtain the same result, to gain 

the same benefit, or to reach the same level of 

achievement, in the most integrated setting 

appropriate to the person's needs. 

 (3) Recipients shall take appropriate steps to 

ensure that no handicapped individual is denied the 

benefits of, excluded from participation in, or 

otherwise subjected to discrimination in any 

program receiving or benefiting from Federal 

financial assistance because of the absence of 

auxiliary aids for individuals with impaired 

sensory, manual, or speaking skills. 

 (4) Despite the existence of separate or different 

programs or activities provided in accordance with 

this part, a recipient may not deny a qualified 

handicapped person the opportunity to participate in 

such programs or activities that are not separate or 

different. 

 (5) A recipient may not, directly or through 

contractual or other arrangements, utilize criteria or 

methods of administration: 

 (i) That have the effect of subjecting qualified 

handicapped persons to discrimination of the basis 

of handicap; 

 (ii) That have the purpose or effect of defeating or 

substantially impairing accomplishment of the 

objectives of the recipient's program with respect to 

handicapped persons; or 

 (iii) That perpetuate the discrimination of another 

recipient if both recipients are subject to common 

administrative control or are agencies of the same 

State. 

 (6) In determining the site or location of a facility, 

an applicant for assistance or a recipient may not 

make selections: 

 (i) That have the effect of excluding handicapped 

persons from, denying them the benefits of, or 

otherwise subjecting them to discrimination under 

any program or activity that receives or benefits 

from Federal financial assistance; or 

 (ii) That have the purpose or effect of defeating or 

substantially impairing the accomplishment of the 

objectives of the program or activity with respect to 

handicapped persons. 

 (7) As used in this section, the aid, benefit, or 

service provided under a program or activity 

receiving or benefiting from Federal financial 

assistance includes any aid, benefit, or service 

provided in or through a facility that has been 

constructed, expanded, altered, leased or rented, or 

otherwise acquired, in whole or in part, with 

Federal financial assistance. 

 (8) Recipients shall take appropriate steps to 

ensure that communications with their applicants, 

employees, and beneficiaries are available to 

persons with impaired vision and hearing. 

 (c) Programs limited by Federal law. The 

exclusion of nonhandicapped persons from the 

benefits of a program limited by Federal statute of 

Executive order to handicapped persons from a 

program limited by Federal statute or Executive 

order to a different class of handicapped persons 

is not prohibited by this part. 

Sec. 1251.104 Assurances required. 

 (a) Assurances. An applicant for Federal financial 

assistance for a program or activity to which this 

part applies shall submit an assurance, on a form 

specified by the Assistant Administrator, that the 

program will be operated in compliance with this 

part. An applicant may incorporate these 

assurances by reference in subsequent applications 

to NASA. 

 (b) Duration of obligation. (1) In the case of 

Federal financial assistance extended in the form of 

real property or to provide real property or structures 

on the property, the assurance will 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 the purpose for 

which Federal financial assistance is extended or for 

another purpose involving the provision of similar 

services or benefits. 

 (2) In the case of Federal financial assistance 

extended to provide personal property, the 

assurance will obligate the recipient for the period 

during which it retains ownership or possession of 

the property. 

 (3) In all other cases, the assurance will obligate 

the recipient for the period during which Federal 

financial assistance is extended. 

 (c) Covenants. (1) Where Federal financial 

assistance is provided in the form of real property or 

interest in the property from NASA, the instrument 

effecting or recording this transfer shall contain a 

covenant running with the land to assure 

nondiscrimination for the period during which the 

real property is used for a purpose for which the 

Federal financial assistance is extended or for 

another purpose involving the provision of similar 

services or benefits. 

 (2) Where no transfer of property is involved but 

property is purchased or improved with Federal 

financial assistance, the recipient shall agree to 
4 

include the covenant described in paragraph (c)(3) 

of this section in the instrument effecting or 

recording any subsequent transfer of the property. 

 (3) Where Federal financial assistance is 

provided in the form of real property or interest in 

the property from NASA, the covenant shall 

also include a condition coupled with a right to be 

reserved by NASA to revert title to the property in 

the event of a breach of the covenant. 

If a transferee of real property proposes to mortgage 

or otherwise encumber the real property as security 

for financing construction of new, or improvement of 

existing facilities on the property for the purposes for 

which the property was transferred, the Assistant 

Administrator may, upon request of the transferee 

and if necessary to accomplish such financing and 

upon such conditions as he or she deems 

appropriate, agree to forbear the exercise of such 

right to revert title for so long as the lien of such 

mortgage or other encumbrance remains 

effective. 

Sec. 1251.105 Remedial action, voluntary 

action, and self-evaluation. 

 (a) Remedial action. (1) If the Assistant 

Administrator finds that a recipient has discriminated 

against persons on the basis of handicap in 

violation of section 504 or this part, the recipient 

shall take such remedial action as the Assistant 

Administrator deems necessary to overcome the 

effects to the discrimination. 

 (2) Where a recipient is found to have 

discriminated against persons on the basis of 

handicap in violation of section 504 or this part and 

where another recipient exercises control over the 

recipient that has discriminated, the Assistant 

Administrator, where appropriate, may require either 

or both recipients to take remedial action. 

 (3) The Assistant Administrator may, where 

necessary to overcome the effects of discrimination 

in violation of section 504 or this part, require a 

recipient to take remedial action: 

 (i) With respect to handicapped persons who are 

no longer participants in the recipient's program but 

who were participants in the program when such 

discrimination occurred; or 

 (ii) With respect to handicapped persons who 

would have been participants in the program had 

the discrimination not occurred; or 

 (iii) With respect to handicapped persons 

presently in the program, but not receiving full 

benefits or equal and integrated treatment within 

the program. 

 (b) Voluntary action. A recipient may take steps, 

in addition to any action that is required by this part, 

to overcome the effects of conditions that resulted in 

limited participation in the recipient's program or 

activity by qualified handicapped persons. 

 (c) Self-evaluation. (1) A recipient shall, within 1 

year of the effective date of this part; or within 1 year 

of first becoming a recipient: 

 (i) Evaluate, with the assistance of interested 

persons, including handicapped persons or 

organizations representing handicapped persons, 

its current policies and practices and the effects 

thereof that do not or may not meet the 

requirements of this part; 

 (ii) Modify, after consultation with interested 

persons, including handicapped persons or 

organizations representing handicapped persons, 

any policies and practices that do not meet the 

requirements of this part; and 

 (iii) Take, after consultation with interested 

persons, including handicapped persons or 

organizations representing handicapped persons, 

appropriate remedial steps to eliminate the effects of 

any discrimination that resulted from adherence to 

these policies and practices. 

 (2) A recipient that employs 15 or more persons 

shall, for at least 3 years, follow completion of the 

evaluation required under paragraph (c)(1) of this 

section, maintain on file, make available for public 

inspection, and provide to the Assistant 

Administrator upon request: 

 (i) A list of the interested persons consulted; 

 (ii) A description of areas examined and any 

problems identified; and 

 (iii) A description of any modifications made and 

of any remedial steps taken. 

Sec. 1251.106 Designation of responsible 

employee and adoption of grievance 

procedures. 

 (a) Designation of responsible employee. A 

recipient that employs 15 or more persons shall 

designate at least one person to coordinate its 

efforts to comply with this part. 

 (b) Adoption of grievance procedures. A recipient 

that employs 15 or more persons shall adopt 

grievance procedures that incorporate appropriate 

due process standards and that provide for the 

prompt and equitable resolution of complaints 

alleging any action prohibited by this part. Such 

procedures need not to be established with respect 

to complaints from applicants for employment or 

from applicants for admission to postsecondary 

educational institutions. 
5 

Sec. 1251.107 Notice. 

 (a) A recipient that employs 15 or more persons 

shall take appropriate initial and continuing steps to 

notify participants, beneficiaries, applicants, and 

employees, including those with impaired vision or 

hearing, and unions or professional organizations 

holding collective bargaining or professional 

agreements with the recipient that it does not 

discriminate on the basis of handicap in violation of 

section 504 and this part. The notification shall 

state, where appropriate, that the recipient does not 

discriminate in admission or access to, or treatment 

or employment in, its programs and activities. 

The notification shall also include an identification of 

the responsible employee designated pursuant to 

Sec. 1251.106(a). A recipient shall make the initial 

notification required by this paragraph within 90 

days of the effective date of this part. Methods of 

initial and continuing notification may include the 

posting of notices, publication in newspapers and 

magazines, placement of notices in recipient's 

publication, and distribution of memoranda or other 

written communications. 

 (b) If a recipient publishes or uses recruitment 

materials or publications containing general 

information that it makes available to participants, 

beneficiaries, applicants, or employees, it shall 

include in those materials or publications a 

statement of the policy described in paragraph (a) of 

this section. A recipient may meet the requirement 

of this section and this paragraph either by including 

appropriate inserts in existing materials and 

publications or by revising and reprinting the 

materials and publications. 

Sec. 1251.108 Administrative requirements for 

small recipients. 

 The Assistant Administrator may require any 

recipient with fewer than 15 employees, or any class 

of such recipients, to comply with Secs. 1251.106 

and 1251.107, in whole or in part, when the 

Assistant Administrator finds a violation of this part 

or finds that such compliance will not significantly 

impair the ability of the recipient or class of 

recipients to provide benefits or services. 

Sec. 1251.109 Effect of State or local law or 

other requirements and effect of employment 

opportunities. 

 (a) The obligation to comply with this part is not 

obviated or alleviated by the existence of any state 

or local law or other requirement that, on the basis 

of handicap, imposes prohibitions or limits upon the 

eligibility of qualified handicapped persons to 

receive services or to practice any occupation or 

profession. 

 (b) The obligation to comply with this part is not 

obviated or alleviated because employment 

opportunities in any occupation or profession are or 

may be more limited for handicapped persons than 

for nonhandicapped persons. 

Subpart 1251.2--Employment Practices 

 

Sec. 1251.200 Discrimination prohibited. 

 (a) General. (1) No qualified handicapped person 

shall, on the basis of handicap, be subjected to 

discrimination in employment under any 

program or activity to which this part applies. 

 (2) A recipient that receives assistance shall take 

positive steps to employ and advance in 

employment qualified handicapped persons in 

programs assisted under the Act. 

 (3) A recipient shall make all decisions 

concerning employment under any program or 

activity to which this part applies in a manner which 

ensures that discrimination on the basis of handicap 

does not occur and may not limit, segregate, or 

classify applicants or employees in any way 

that adversely affects their opportunities or status 

because of handicap. 

 (4) A recipient may not participate in a contractual 

or other relationship that has the effect of subjecting 

qualified handicapped applicants or employees to 

discrimination prohibited by this subpart. The 

relationships referred to in this subparagraph 

include relationships with employment and referral 

agencies, with labor unions, with organizations 

providing or administering fringe benefits to 

employees of the recipient, and with organizations 

providing training and apprenticeship programs. 

 (b) Specific activities. The provisions of this 

subpart apply to: 

 (1) Recruitment, advertising, and the processing 

of applications for employment; 

 (2) Hiring, upgrading, promotion, award of tenure, 

demotion, transfer, layoff, termination, right of return 

from layoff, and rehiring; 

 (3) Rates of pay or any other form of 

compensation and changes in compensation; 

 (4) Job assignments, job classifications, 

organizational structures, position descriptions, lines 

of progression, and seniority lists; 

 (5) Leaves of absence, sick leave, or any other 

leave; 

 (6) Fringe benefits available by virtue of 

employment, whether or not administered by the 

recipient; 
6 

 (7) Selection and financial support for training, 

including apprenticeship, professional meetings, 

conferences, and other related activities, and 

selection for leaves of absence to pursue training; 

 (8) Employer sponsored activities, including social 

or recreational programs; and 

 (9) Any other term, condition, or privilege of 

employment. 

 (c) A recipient's obligation to comply with this 

subpart is not affected by any inconsistent term of 

any collective bargaining agreement to which it is a 

party. 

 (d) A recipient may not participate in a contractual 

or other relationship that has the effect of subjecting 

qualified handicapped applicants or employees to 

discrimination prohibited by this subpart. 

The relationships referred to in this paragraph 

include relationships with employment and referral 

agencies, with labor unions, with organizations 

providing or administering fringe benefits to 

employees of the recipient, and with organizations 

providing training and apprenticeship programs. 

Sec. 1251.201 Reasonable accommodation. 

 (a) A recipient shall make reasonable 

accommodation to the known physical or mental 

limitations of an otherwise qualified handicapped 

applicant or employee unless the recipient can 

demonstrate that the accommodation would impose 

an undue hardship on the operation of its 

program. 

 (b) Reasonable accommodation may include: 

 (1) Making facilities used by employees readily 

accessible to and usable by handicapped persons; 

and 

 (2) Job restructuring, part-time or modified work 

schedules, acquisition or modification of equipment 

or devices, the provision of readers or interpreters, 

and other similar actions. 

 (c) In determining pursuant to paragraph (a) of 

this section whether an accommodation would 

impose an undue hardship on the operation of a 

recipient's program, factors to be considered 

include: 

 (1) The overall size of the recipient's program with 

respect to number of employees, number and type 

of facilities, and size of budget; 

 (2) The type of the recipient's operation, including 

the composition and structure of the recipient's 

workforce; and 

 (3) The nature and cost of the accommodation 

needed. 

 (d) A recipient may not deny any employment 

opportunity to a qualified handicapped employee or 

applicant if the basis for the denial is the need to 

make reasonable accommodation to the physical or 

mental limitations of the employee or applicant. 

Sec. 1251.202 Employment criteria. 

 (a) A recipient may not make use of any 

employment test or other selection criterion that 

screens out or tends to screen out handicapped 

persons or any class of handicapped persons 

unless: 

 (1) The test score or other selection criterion, as 

used by the recipient, is shown to be job-related for 

the position in question; and 

 (2) Alternative job-related tests of criteria that do 

not screen out or tend to screen out as many 

handicapped persons are not shown by the 

Assistant Administrator to be available. 

 (b) A recipient shall select and administer tests 

concerning employment so as best to ensure that, 

when administered to an applicant or employee who 

has a handicap that impairs sensory, manual, or 

speaking skills, the test results accurately reflect the 

applicant's or employee's job skills, aptitude, or 

whatever other factor the test purports to measure, 

rather than reflecting the applicant's or employee's 

impaired sensory, manual, or speaking skills (except 

where those skills are the factors that the test 

purports to measure). 

Sec. 1251.203 Preemployment inquiries. 

 (a) Except as provided in paragraphs (b) and (c) 

of this section, a recipient may not conduct a 

preemployment medical examination or may not 

make preemployment inquiry of an applicant as to 

whether the applicant is a handicapped person or as 

to the nature or severity of a handicap. A recipient 

may, however, make preemployment inquiry into an 

applicant's ability to perform job-related functions. 

 (b) When a recipient is taking remedial action to 

correct the effects of past discrimination pursuant to 

Sec. 1251.105(a), when a recipient is taking 

voluntary action to overcome the effects of 

conditions that resulted in limited participation in its 

Federally assisted program or activity pursuant to 

Sec. 1251.105(b), or when a recipient is taking 

affirmative action pursuant to section 504 of the Act, 

the recipient may invite applicants for employment 

to indicate whether and to what extent they are 

handicapped, provided that: 

 (1) The recipient states clearly on any written 

questionnaire used for this purpose or makes clear 

orally if no written questionnaire is used that the 

information requested is intended for use solely in 

connection with its remedial action obligations or its 

voluntary of affirmative action efforts; and 
7 

 (2) The recipient states clearly that the 

information is being requested on a voluntary basis, 

that it will be kept confidential as provided in 

paragraph (d) of this section, that refusal to provide 

it will not subject the applicant or employee to any 

adverse treatment, and that it will be used only in 

accordance with this part. 

 (c) Nothing in this section shall prohibit a recipient 

from conditioning an offer of employment on the 

results of a medical examination conducted prior to 

the employee's entrance on duty, provided 

that: 

 (1) All entering employees are subjected to such 

an examination regardless of handicap; and 

 (2) The results of such an examination are used 

only in accordance with the requirements of this 

part. 

 (d) Information obtained in accordance with this 

section as to the medical condition or history of the 

applicant shall be collected and maintained on 

separate forms that shall be accorded confidentiality 

as medical records, except that: 

 (1) Supervisors and managers may be informed 

regarding restrictions on the work or duties of 

handicapped persons and regarding necessary 

accommodations; 

 (2) First aid and safety personnel may be 

informed, where appropriate, if the condition might 

require emergency treatment; and 

 (3) Government officials investigating compliance 

with the Act shall be provided relevant information 

upon request. 

Sec. 1251.300 Discrimination prohibited. 

 No qualified handicapped person shall, because a 

recipient's facilities are inaccessible to or unusable 

by handicapped persons, be denied the benefits of, 

be excluded from participation in, or otherwise 

be subjected to discrimination under any program or 

activity to which this part applies. 

Sec. 1251.301 Existing facilities. 

 (a) Program accessibility. A recipient shall 

operate each program or activity to which this part 

applies so that the program or activity, when viewed 

in its entirety, is readily accessible to handicapped 

persons. This paragraph does not require a recipient 

to make each of its existing facilities or every part of 

a facility accessible to and usable by handicapped 

persons. 

 (b) Methods. A recipient may comply with the 

requirement of paragraph (a) of this section through 

such means as redesign of equipment; 

reassignment of classes or other services to 

accessible buildings; assignment of aides to 

beneficiaries; home visits; delivery of health, 

welfare, or other social services at alternate 

accessible sites; alteration of existing facilities and 

construction of new facilities in conformance with 

the requirements of Sec. 1251.302; or any other 

methods that result in making its program or activity 

accessible to handicapped persons. A recipient is 

not required to make structural changes in existing 

facilities where other methods are effective in 

achieving compliance with paragraph (a) of this 

section. In choosing among available methods for 

meeting the requirement of paragraph (a) of 

this section, a recipient shall give priority to those 

methods that offer programs and activities to 

handicapped persons in the most integrated setting 

appropriate. 

 (c) Time period. A recipient shall comply with the 

requirement of paragraph (a) of this section within 

60 days of the effective date of this part except that 

where structural changes in facilities are necessary, 

such changes shall be made within 3 years of the 

effective date of this part, but in any event as 

expeditiously as possible. 

 (d) In the event that structural changes to 

facilities are necessary to meet the requirement of 

paragraph (a) of this section, a recipient shall 

develop, within 6 months of the effective date of this 

part, a transition plan setting forth the steps 

necessary to complete such changes. The plan shall 

be developed with the assistance of interested 

persons, including handicapped persons or 

organizations representing handicapped persons. A 

copy of the transition plan shall be made available 

for public inspection. The plan shall, at a 

minimum: 

 (1) Identify physical obstacles in the recipient's 

facilities that limit the accessibility of its program or 

activity to handicapped persons; 

 (2) Describe in detail the methods that will be 

used to make the facilities accessible; 

 (3) Specify the schedule for taking the steps 

necessary to achieve full program accessibility and, 

if the time period of the transition plan is longer than 

1 year, identify steps that will be taken during each 

year of the transition period; and 

 (4) Indicate the person responsible for 

implementation of the plan. 

 (e) Notice. The recipient shall adopt and 

implement procedures to ensure that interested 

persons, including persons with impaired vision 

or hearing, can obtain information as to the 

existence and location of services, activities, and 

facilities that are accessible to and usable 

by handicapped persons. 
8 

Sec. 1251.302 New construction. 

 (a) Design and construction. Each facility or part 

of a facility constructed by, on behalf of, or for the 

use of a recipient shall be designed and constructed 

in such manner that the facility or part of the facility 

is readily accessible to and usable by handicapped 

persons, if the construction (ground breaking) was 

commenced after the effective date of this part. 

 (b) Alteration. Each facility or part of a facility 

which is altered by, on behalf of, or for the use of a 

recipient after the effective date of this part in a 

manner that affects or could affect the usability of 

the facility or part of the facility shall, to the 

maximum extent feasible, be altered in such manner 

that the altered portion of the facility is readily 

accessible to and usable by handicapped persons. 

 (c) Conformance with Uniform Federal 

Accessibility Standards. 

 (1) Effective as of January 18, 1991, design, 

construction, or alteration of buildings in 

conformance with sections 3-8 of the Uniform 

Federal Accessibility Standards (USAF) (appendix A 

to 41 CFR subpart 101-19.6) shall be deemed to 

comply with the requirements of this section with 

respect to those buildings. Departures from 

particular technical and scoping requirements of 

UFAS by the use of other methods are permitted 

where substantially equivalent or greater access to 

and usability of the building is provided. 

 (2) For purposes of this section, section 

4.1.6(1)(g) of UFAS shall be interpreted to exempt 

from the requirements of UFAS only mechanical 

rooms and other spaces that, because of their 

intended use, will not require accessibility to the 

public or beneficiaries or result in the employment or 

residence therein of persons with physical 

handicaps. 

 (3) This section does not require recipients to 

make building alterations that have little likelihood of 

being accomplished without removing or altering a 

load-bearing structural member. 

[51 FR 26862, July 28, 1986, as amended at 55 FR 

52138, 52140, Dec. 19, 

1990] 

 Subpart 1251.4--Procedures 

 

Sec. 1251.400 Procedures for compliance. 

 The procedural provisions applicable to Title VI of 

the Civil Rights Act of 1964 apply to this part. These 

procedures are found in Secs. 1250.106, 1250.108 

and 1250.110 of this chapter. 

Subpart 1251.5--Enforcement of 

Nondiscrimination on the Basis of 

Handicap in Programs or Activities Conducted 

by the National Aeronautics 

 and Space Administration 

 

Sec. 1251.501 Purpose. 

 Source: 53 FR 25882 and 25885, July 8, 1988, 

unless otherwise noted. 

 The purpose of this regulation is to effectuate 

section 119 of the Rehabilitation, Comprehensive 

Services, and Developmental Disabilities 

Amendments of 1978, which amended section 504 

of the Rehabilitation Act of 1973 to prohibit 

discrimination on the basis of handicap in programs 

or activities conducted by Executive agencies or the 

United States Postal Service. 

Sec. 1251.502 Application. 

 This regulation (Secs. 1251.501-1251.570) 

applies to all programs or activities conducted by the 

agency, except for programs or activities conducted 

outside the United States that do not involve 

individuals with handicaps in the United States. 

Secs. 1251.504-1251.509 [Reserved] 

Sec. 1251.510 Self-evaluation. 

 (a) The agency shall, by September 6, 1989, 

evaluate its current policies and practices, and the 

effects thereof, that do not or may not meet the 

requirements of this regulation and, to the extent 

modification of any such policies and practices is 

required, the agency shall proceed to make the 

necessary modifications. 

 (b) The agency shall provide an opportunity to 

interested persons, including individuals with 

handicaps or organizations representing 

individuals with handicaps, to participate in the selfevaluation process by submitting comments (both 

oral and written). 

 (c) The agency shall, for at least three years 

following completion of the self-evaluation, maintain 

on file and make available for public inspection: 

 (1) A description of areas examined and any 

problems identified; and 

 (2) A description of any modifications made. 
9 

Secs. 1251.512-1251.529 [Reserved] 

Sec. 1251.540 Employment. 

 No qualified individual with handicaps shall, on 

the basis of handicap, be subject to discrimination in 

employment under any program or activity 

conducted by the agency. The definitions, 

requirements, and procedures of section 501 of the 

Rehabilitation Act of 1973 (29 U.S.C. 791), as 

established by the Equal Employment Opportunity 

Commission in 29 CFR part 1613, shall apply to 

employment in federally conducted 

programs or activities. 

Sec. 1251.549 Program accessibility: 

Discrimination prohibited. 

 Except as otherwise provided in Sec. 1251.550, 

no qualified individual with handicaps shall, because 

the agency's facilities are inaccessible to or 

unusable by individuals with handicaps, be denied 

the benefits of, be excluded from participation in, or 

otherwise be subjected to discrimination under any 

program or activity conducted by the agency. 

Sec. 1251.550 Program accessibility: Existing 

facilities. 

 (a) General. The agency shall operate each 

program or activity so that the program or activity, 

when viewed in its entirety, is readily accessible to 

and usable by individuals with handicaps. This 

paragraph does not-- 

 (1) Necessarily require the agency to make each 

of its existing facilities accessible to and usable by 

individuals with handicaps; 

 (2) In the case of historic preservation programs, 

require the agency to take any action that would 

result in a substantial impairment of significant 

historic features of an historic property; or 

 (3) Require the agency to take any action that it 

can demonstrate would result in a fundamental 

alteration in the nature of a program or activity or in 

undue financial and administrative burdens. In those 

circumstances where agency personnel believe that 

the proposed action would fundamentally alter the 

program or activity or would result in undue financial 

and administrative burdens, the agency has the 

burden of proving that compliance with Sec. 

1251.550(a) would result in such alteration or 

burdens. The decision that compliance would result 

in such alteration or burdens must be made by the 

agency head or his or her designee after 

considering all agency resources available for use in 

the funding and operation of the conducted program 

or activity, and must be accompanied by a written 

statement of the reasons for reaching that 

conclusion. If an action would result in such an 

alteration or such burdens, the agency shall take 

any other action that would not result in such an 

alteration or such burdens but would nevertheless 

ensure that individuals with handicaps receive the 

benefits and services of the program or activity. 

 (b) Methods--(1) General. The agency may 

comply with the requirements of this section through 

such means as redesign of equipment, 

reassignment of services to accessible buildings, 

assignment of aides to beneficiaries, home visits, 

delivery of services at alternate accessible sites, 

alteration of existing facilities and construction of 

new facilities, use of accessible rolling stock, or any 

other methods that result in making its programs or 

activities readily accessible to and usable by 

individuals with handicaps. The agency is 

not required to make structural changes in existing 

facilities where other methods are effective in 

achieving compliance with this section. 

The agency, in making alterations to existing 

buildings, shall meet accessibility requirements to 

the extent compelled by the Architectural 

Barriers Act of 1968, as amended (42 U.S.C. 4151-

4157), and any regulations implementing it. In 

choosing among available methods for meeting the 

requirements of this section, the agency shall give 

priority to those methods that offer programs and 

activities to qualified individuals with handicaps in 

the most integrated setting appropriate. 

 (2) Historic preservation programs. In meeting the 

requirements of Sec. 1251.550(a) in historic 

preservation programs, the agency shall give priority 

to methods that provide physical access to 

individuals with handicaps. In cases where a 

physical alteration to an historic property is not 

required because of Sec. 1251.550(a)(2) or (3), 

alternative methods of achieving program 

accessibility include-- 

 (i) Using audio-visual materials and devices to 

depict those portions of an historic property that 

cannot otherwise be made accessible; 

 (ii) Assigning persons to guide individuals with 

handicaps into or through portions of historic 

properties that cannot otherwise be made 

accessible; or 

 (iii) Adopting other innovative methods. 

 (c) Time period for compliance. The agency shall 

comply with the obligations established under this 

section by November 7, 1988, except that where 

structural changes in facilities are undertaken, such 

changes shall be made by September 6, 1991, but 

in any event as expeditiously as possible. 
10 

 (d) Transition plan. In the event that structural 

changes to facilities will be undertaken to achieve 

program accessibility, the agency shall develop, by 

March 6, 1989, a transition plan setting forth the 

steps necessary to complete such changes. The 

agency shall provide an opportunity to interested 

persons, including individuals with handicaps or 

organizations representing individuals with 

handicaps, to participate in the development of the 

transition plan by submitting comments (both oral 

and written). A copy of the transition plan shall be 

made available for public inspection. The plan shall, 

at a minimum-- 

 (1) Identify physical obstacles in the agency's 

facilities that limit the accessibility of its programs or 

activities to individuals with handicaps; 

 (2) Describe in detail the methods that will be 

used to make the facilities accessible; (3) Specify 

the schedule for taking the steps necessary to 

achieve compliance with this section and, if the time 

period of the transition plan is longer than one year, 

identify steps that will be taken during each year of 

the transition period; and 

 (4) Indicate the official responsible for 

implementation of the plan. 

Secs. 1251.552-1251.559 [Reserved] 

Secs. 1251.561-1251.569 [Reserved] 

ecs. 1251.571-1251.999 [Reserved] 
Code of Federal Regulations 

 

Title 14: Aeronautics and 

Space

 

PART 1252--NONDISCRIMINATION ON 

THE BASIS OF AGE IN PROGRAMS AND 

ACTIVITIES RECEIVING FEDERAL 

FINANCIAL ASSISTANCE--Table of 

Contents 

 

 

Section Contents

 Subpart 1252.1--General 

 

Sec. 1252.100 What is the purpose of NASA's age 

discrimination regulations? 

Sec. 1252.102 To what programs do these 

regulations apply? 

Sec. 1252.103 Definitions. 

 Subpart 1252.2--Standards for Determining 

Age Discrimination 

 

Sec. 1252.200 Rules against age discrimination. 

 Subpart 1252.4--Investigation, Conciliation, and 

Enforcement Procedures 

 

Sec. 1252.400 Compliance reviews. 

Sec. 1252.401 Complaints. 

Sec. 1252.402 Mediation. 

Sec. 1252.403 Investigation 

Sec. 1252.404 Prohibition against intimidation or 

retaliation. 

Sec. 1252.405 Compliance procedure. 

Sec. 1252.406 Hearings. 

Sec. 1252.407 Notices, decisions, and posttermination proceedings. 

Sec. 1252.408 Remedial action by recipients. 

Sec. 1252.409 Alternate funds disbursal procedure. 

Sec. 1252.410 Exhaustion of administrative 

remedies. 

Sec. 1252.411 Age distinctions. 

 

Sec. 1252.201 Exceptions to the rules against age 

discrimination. 

Sec. 1252.202 Burden of proof. 

Sec. 1252.203 Special benefits for children and the 

elderly. 

 Subpart 1252.3--Responsibilities of 

Recipients 

 

Sec. 1252.300 General responsibilities of 

recipients. 

Sec. 1252.301 Notice to subrecipients. 

Sec. 1252.302 Assurance of compliance and 

recipient assessment of age distinctions. 

Sec. 1252.303 Information requirements. 

 Subpart 1252.1--General 

 

Sec. 1252.100 What is the purpose of NASA's 

age discrimination regulations? 

The purpose of these regulations is to set out 

NASA's policies and to implement agencywide or 

agency procedures under the Age Discrimination 

Act of 1975 according to the government-wide age 

discrimination regulations at 45 CFR part 90. 

(Published at 44 FR 33768, June 12, 1979.) The Act 

and the government-wide regulations prohibit 

discrimination on the basis of age in programs or 

activities receiving Federal financial assistance. The 

Act and the governmentwide regulations 

permit federally assisted programs and activities 

and recipients of Federal funds, to continue to use 

age distinctions and factors other than age which 

meet the requirements of the Act and the 

governmentwide regulations. 

Sec. 1252.102 To what programs do these 

regulations apply? 

 (a) These regulations apply to each NASA 

recipient and to each program or activity operated 

by the recipient which receives or benefits 

from Federal financial assistance provided by 

NASA. 

 (b) The Age Discrimination Act of 1975 does not 

apply to: 

 (1) An age distinction contained in that part of a 

Federal, State, or local statute or ordinance adopted 

by an elected body which: 

 (i) Provides any benefits or assistance to persons 

based on age; or 
2 

 (ii) Establishes criteria for participation in agerelated terms; or 

 (iii) Describes intended beneficiaries or target 

groups in age-related terms. 

 (2) Any employment practice of any employer, 

employment agency, labor organization, or any 

labor-management joint apprenticeship training 

program, except for any program or activity 

receiving Federal financial assistance for public 

service employment under the Comprehensive 

Employment and Training Act of 1974 (CETA) (29 

U.S.C. 801 et seq.). 

 

Sec. 1252.103 Definitions. 

 As used in these regulations, the term: 

 (a) Act means the Age Discrimination Act of 1975, 

as amended. (Title III of Pub. L. 94-135.) 

 (b) Action means any act, activity, policy, rule, 

standard, or method of administration; or the use of 

any policy, rule, standard, or method of 

administration. 

 (c) Age means how old a person is, or the 

number of elapsed years from the date of a person's 

birth. 

 (d) Age distinction means any action using age or 

an age-related term. 

 (e) Age-related term means a word or words 

which necessarily imply a particular age or range of 

ages (for example, ``children,'' ``adult,'' ``older 

persons,'' but not ``student''). 

 (f) Discrimination means unlawful treatment 

based on age. 

 (g) NASA means the National Aeronautics and 

Space Administration. 

 (h) Federal financial assistance means any grant, 

entitlement, loan, cooperative agreement contract 

(other than a procurement contract or a contract of 

insurance or guaranty), or any other arrangement by 

which the agency provides or otherwise makes 

available assistance in the form of: 

 (1) Funds; 

 (2) Services of Federal personnel; or interest in or 

use of property, including: 

 (i) Transfer or lease of property for less than fair 

market value or for reduced consideration; and 

 (ii) Proceeds from a subsequent transfer or lease 

of property if the Federal share of its fair market 

value is not returned to the Federal Government. 

 (i) FMCS means the Federal Mediation and 

Conciliation Service. 

 (j) Recipient means any State or its political 

subdivision, any instrumentality of a State or its 

political subdivision, any public or private agency, 

institution, organization, or other entity, or any 

person to which Federal financial assistance is 

extended, directly or through another recipient. 

Recipient includes any successor, assignee, 

or transferee, but excludes the ultimate beneficiary 

of the assistance. 

 (k) Administrator means the Administrator of the 

National Aeronautics and Space Administration or 

designee. 

 (l) Subrecipient means any of the entities in the 

definition of ``recipient'' to which a recipient extents 

or passes on Federal financial assistance. A 

subrecipient is generally regarded as a recipient of 

Federal financial assistance and has all the duties of 

a recipient in these regulations. 

 (m) United States means the 50 States, the 

District of Columbia, Puerto Rico, the Virgin Islands, 

American Samoa, Guam, Wake Island, the 

Canal Zone, the Trust Territory of the Pacific 

Islands, the Northern Marianas, and the territories 

and possessions of the United States. 

 Subpart 1252.2--Standards for Determining 

Age Discrimination 

 

Sec. 1252.200 Rules against age discrimination. 

 The rules stated in this section are limited by the 

exceptions contained in Sec. 1252.201. 

 (a) General rule: No person in the United States 

shall, on the basis of age be excluded from 

participation in, be denied the benefits of, or 

be subjected to discrimination under any program or 

activity receiving Federal financial assistance. 

 (b) Specific rules: A recipient may not, in any 

program or activity receiving Federal financial 

assistance, directly or through contractual, 

licensing, or other arrangements use age 

distinctions or take any other actions which have the 

effect, on the basis of age, of: 

 (1) Excluding individuals from, denying them the 

benefits of, or subjecting them to discrimination 

under a program or activity receiving Federal 

financial assistance; or 

 (2) Denying or limiting individuals in their 

opportunity to participate in any program or activity 

receiving Federal financial assistance. 

 (c) The specific forms of age discrimination listed 

in paragraph (b) of this section do not necessarily 

constitute a complete list. 

Sec. 1252.201 Exceptions to the rules against 

age discrimination. 

 (a) Definitions. For purposes of this section, the 

terms normal operation and statutory objective shall 

have the following meaning: 
3 

 (1) Normal operation means the operation of a 

program or activity without significant changes that 

would impair its ability to meet its objectives. 

 (2) Statutory objective means any purpose of a 

program or activity expressly stated in any Federal 

statute, state statute or local statute or ordinance 

adopted by any elected, general purpose legislative 

body. 

 (b) Normal operation or statutory objective of any 

program or activity. A recipient is permitted to take 

an action otherwise prohibited by Sec. 1252.200 if 

the action reasonably takes into account age as a 

factor necessary to the normal operation of the 

achievement of any statutory objective of a program 

or activity. An action reasonably takes into account 

age as a factor necessary to the normal operation or 

the achievement of any statutory objective of a 

program or activity, if: 

 (1) Age is used as a measure of approximation of 

one or more other characteristics; and 

 (2) The other characteristic(s) must be measured 

or approximated in order for the normal operation of 

the program or activity to continue, or to achieve any 

statutory objective of the program or activity; and 

 (3) The other characteristic(s) can be reasonably 

measured or approximated by the use of age; and 

 (4) The other characteristic(s) are impractical to 

measure directly on an individual basis. 

 (c) Reasonable factors other than age. A recipient 

is permitted to take an action otherwise prohibited 

by Sec. 1252.200 which is based on a factor other 

than age, even though that action may have a 

disproportionate effect. 

Sec. 1252.202 Burden of proof. 

 The burden of proving that an age distinction or 

other action falls within the exceptions outlined in 

Sec. 1252.201 (b) and (c) is on the recipient of 

Federal financial assistance. 

Sec. 1252.203 Special benefits for children and 

the elderly. 

 If a recipient operating a program provides 

special benefits to the elderly or to children, such 

use of age distinctions shall be presumed to be 

necessary to the normal operation of the program, 

notwithstanding the provision of Sec. 1252.10. 

 Subpart 1252.3--Responsibilities of 

Recipients 

 

Sec. 1252.300 General responsibilities of 

recipients. 

 Each NASA recipient must ensure that its 

programs and activities comply with these 

regulations. 

Sec. 1252.301 Notice to subrecipients. 

 Where a recipient passes on Federal financial 

assistance from NASA to subrecipients, the 

recipient shall provide the subrecipient written 

notice of their obligations under these regulations. 

Sec. 1252.302 Assurance of compliance and 

recipient assessment of age distinctions. 

 (a) Each recipient of Federal financial assistance 

from NASA shall sign a written assurance as 

specified by NASA that it will comply with 

the Act and these regulations. 

 (b) Recipient assessment of age distinctions. (1) 

As part of a compliance review under Sec. 91.41, 

NASA may require a recipient employing the 

equivalent of 15 or more employees to complete a 

written self-evaluation, in a manner specified by the 

responsible Agency official, of any age distinction 

imposed in its program or activity receiving Federal 

financial assistance from NASA to assess the 

recipient's compliance with the Act. 

 (2) Whenever an assessment indicates a violation 

of the Act and the NASA regulations, the recipient 

shall take corrective action. 

Sec. 1252.303 Information requirements. 

 (a) Keep records in a form that contains 

information which NASA determines may be 

necessary to ascertain whether the recipient is 

complying with the Act and these regulations. 

 (b) Provide to NASA, upon request, information 

and reports which NASA determines are necessary 

to ascertain whether the recipient is complying with 

the Act and these regulations. 

 (c) Permit reasonable access by NASA to the 

books, records, accounts, and other recipient 

facilities and sources of information to the extent 

NASA determines is necessary to ascertain whether 

the recipient is complying with the Act and these 

regulations. 

 Subpart 1252.4--Investigation, Conciliation, and 

Enforcement Procedures 
4 

Sec. 1252.400 Compliance reviews. 

 (a) NASA may conduct compliance reviews and 

pre-award reviews of recipients or use other similar 

procedures that will permit it to investigate and 

correct violations of the Act and these regulations. 

NASA may conduct these reviews even in the 

absence of a complaint against a recipient. The 

review may be as comprehensive as necessary to 

determine whether a violation of these regulations 

has occurred. 

 (b) If a compliance review or pre-award review 

indicates a violation of the Act or these regulations, 

NASA will attempt to secure the recipient's voluntary 

compliance with the Act. If voluntary compliance 

cannot be achieved, NASA will arrange for 

enforcement as described in Sec. 1252.405. 

Sec. 1252.401 Complaints. 

 (a) Any person, individually or as a member of a 

class or on behalf of others, may file a complaint 

with NASA, alleging discrimination prohibited by the 

Act or these regulations based on an action 

occurring on or after July 1, 1979. A complaint must 

be filed within 180 days from the date the 

complainant first had knowledge of the alleged act 

of discrimination. However, for good cause shown, 

NASA may extend this time limit. 

 (b) NASA will attempt to facilitate the filing of 

complaints wherever possible, including taking the 

following measures: 

 (1) Accepting as a sufficient complaint, any 

written statement, which identifies the parties 

involved and the date the complainant first 

had knowledge of the alleged violation, describes 

generally the action or practice complained of, and 

assigned by the complainant. 

 (2) Freely permitting a complainant to add 

information to the complaint to meet the 

requirements of a sufficient complaint. 

 (3) Widely disseminating information regarding 

the obligations of recipients under the Act and these 

regulations. 

 (4) Notifying the complainant and the recipient of 

their rights and obligations under the complaint 

procedure, including the right to have a 

representative at all stages of the complaint 

procedure. 

 (5) Notifying the complainant and the recipient (or 

their representatives) of their right to contact NASA 

for information and assistance regarding the 

complaint resolution process. 

 (c) NASA will return to the complainant any 

complaint outside the jurisdiction of these 

regulations, and will state the reason(s) why it 

is outside the jurisdiction of these regulations. 

Sec. 1252.402 Mediation. 

 (a) Referral of complaints for mediation. NASA 

will refer to the Federal Mediation and Conciliation 

Service all complaints that: 

 (1) Fall within the jurisdiction of the Act and these 

regulations; and 

 (2) Contain all information necessary for further 

processing. 

 (b) Both the complainant and the recipient shall 

participate in the mediation process to the extent 

necessary to reach an agreement or make 

an informed judgment that an agreement is not 

possible. There must be at least one meeting with 

the mediator before NASA will accept a judgment 

that an agreement is not possible. However, the 

recipient and the complainant need not meet with 

the mediator at the same time. 

 (c) If the complainant and the recipient reach an 

agreement, the mediator shall prepare a written 

statement of the agreement and have the 

complainant and recipient sign it. The mediator shall 

send a copy of the agreement to NASA. NASA will 

take no further action on the complaint unless the 

complainant or the recipient fails to comply with the 

agreement. However, NASA retains the right to 

monitor the recipient's compliance with the 

agreement. 

 (d) The mediator shall protect the confidentiality 

of all information obtained in the course of the 

mediation process. No mediator shall testify in any 

adjudicative proceeding, produce any document, or 

otherwise disclose any information obtained in the 

course of the mediation process without prior 

approval of the head of the mediation 

agency. 

 (e) NASA will use the mediation process for a 

maximum of 60 days after receiving a complaint. 

 (f) Mediation ends if: 

 (1) 60 days elapse from the time NASA receives 

the complaint; or 

 (2) Prior to the end of that 60-day period, an 

agreement is reached; or 

 (3) Prior to the end of that 60-day period, the 

mediator determines that an agreement cannot be 

reached. 

 (g) The mediator shall return unresolved 

complaints to NASA. 
5 

Sec. 1252.403 Investigation. 

 (a) Informal inquiry. (1) NASA will investigate 

complaints that are unresolved after mediation or 

are reopened because of a violation of a 

mediation agreement. 

 (2) As part of the initial inquiry, NASA will use 

informal fact finding methods, including joint or 

separate discussions with the complainant and 

recipient to establish the facts, and, if possible, 

settle the complaint on terms that are mutually 

agreeable to the parties. NASA may seek the 

assistance of any involved State program 

agency. 

 (3) NASA will put any agreement in writing and 

have it signed by the parties and an authorized 

official at NASA. 

 (4) The settlement shall not affect the operation of 

any other enforcement effort of NASA, including 

compliance reviews and investigation of other 

complaints which may involve the recipient. 

 (5) The settlement is not a finding of 

discrimination against a recipient. 

 (b) Formal investigation. If NASA cannot resolve 

the complaint through informal means it will develop 

formal findings through further investigations of the 

complaint. If the investigation indicates a violation of 

these regulations, NASA will attempt to obtain 

voluntary compliance. If NASA cannot obtain 

voluntary compliance, it will begin enforcement as 

described in Sec. 1252.405. 

Sec. 1252.404 Prohibition against intimidation 

or retaliation. 

 A recipient may not engage in acts of intimidation 

or retaliation against any person who: 

 (a) Attempts to assert a right protected by the Act 

or these regulations; or 

 (b) Cooperates in any mediation, inquiry, hearing, 

or other part of NASA's investigation, conciliation, 

and enforcement process. 

Sec. 1252.405 Compliance procedure. 

 (a) NASA may enforce the Act and these 

regulations through: 

 (1) Termination of a recipient's Federal financial 

assistance from NASA under the program or activity 

involved where the recipient has violated the Act or 

these regulations. The determination of the 

recipient's violation may be made only after a 

recipient has had an opportunity for a hearing on the 

record before an administrative law judge. 

Therefore, cases which are settled in mediation, or 

prior to a hearing, will not involve termination of a 

recipient's Federal financial assistance from NASA. 

 (2) Any other means authorized by law including 

but not limited to: 

 (i) Referral to the Department of Justice for 

proceedings to enforce any rights of the United 

States or obligations of the recipient created 

by the Act or these regulations. 

 (ii) Use of any requirement of or referral to any 

Federal, State, or local government agency that will 

have the effect of correcting a violation of the Act or 

these regulations. 

 (b) NASA will limit any termination under Sec. 

1252.405(a)(1) to the particular program activity 

NASA finds in violations of these regulations. NASA 

will not base any part of a termination on a finding 

with respect to any program or activity of the 

recipient which does not receive Federal financial 

assistance from NASA. 

 (c) NASA will take no action under paragraph (a) 

until: 

 (1) The Administrator has advised the recipient of 

its failure to comply with the Act and these 

regulations and has determined that voluntary 

compliance cannot be obtained. 

 (2) 30 days have elapsed after the Administrator 

has sent a written report of the circumstances and 

grounds of the action to the committees of Congress 

having legislative jurisdiction over the Federal 

program or activity involved. The Administrator will 

file a report whenever any action is taken under 

paragraph (a) of this section. 

 (d) NASA also may defer granting new Federal 

financial assistance from NASA to a recipient when 

a hearing under Sec. 1252.405(a)(1) is initiated. 

 (1) New Federal financial assistance from NASA 

includes all assistance for which NASA requires an 

application or approval, including renewal or 

continuation of existing activities during the deferral 

period. New Federal financial assistance from NASA 

does not include assistance approved prior to the 

beginning of a hearing under Sec. 1252.405(a)(1). 

 (2) NASA will not begin a deferral until the 

recipient has received a notice of an opportunity for 

a hearing under Sec. 1252.405(a)(1). NASA 

will not continue a deferral for more than 60 days 

unless a hearing has begun within that time or the 

time for beginning the hearing has been extended 

by mutual consent of the recipient and the 

Administrator. NASA will not continue a deferral for 

more than 30 days after the close of the hearing, 

unless the hearing results in a finding against the 

recipient. 
6 

Sec. 1252.406 Hearings. 

 The procedural provisions for those hearings 

required by Sec. 1252.405 are contained in 14 CFR 

1250.108. 

Sec. 1252.407 Notices, decisions, and posttermination proceedings. 

 All notices, decisions, and post-termination 

proceedings, insofar as NASA is concerned, shall 

be made in accordance with 14 CFR 1250.109. 

Sec. 1252.408 Remedial action by recipients. 

 (a) Where NASA finds a recipient has 

discriminated on the basis of age, the recipient shall 

take any remedial action that NASA may require 

to overcome the effects of the discrimination. If 

another recipient exercises control over the recipient 

that has discriminated, NASA may require both 

recipients to take remedial action. 

 (b) Even in the absence of discrimination, a 

recipient may take affirmative action to overcome 

the effects of conditions that resulted in limited 

participation in the recipients program or activity on 

the basis of age. 

Sec. 1252.409 Alternate funds disbursal 

procedure. 

 (a) When NASA withholds funds from a recipient 

under these regulations, the Administrator may 

disburse the withheld funds directly to an alternate 

recipient. 

 (b) The Administrator will require any alternate 

recipient to demonstrate: 

 (1) The ability to comply with these regulations; 

and 

 (2) The ability to achieve the goals of the Federal 

statute authorizing the program or activity. 

Sec. 1252.410 Exhaustion of administrative 

remedies. 

 (a) A complainant may file a civil action following 

the exhaustion of administrative remedies under the 

Act. Administrative remedies are exhausted if: 

 (1) 180 days have elapsed since the complainant 

filed the complaint and NASA has made no finding 

with regard to the complaint; or 

 (2) NASA issues any findings in favor of the 

recipient. 

 (b) If NASA fails to make a finding within 180 

days or issues a finding in favor of the recipient, 

NASA will: 

 (1) Promptly advise the complainant of this fact; 

and 

 (2) Advise the complainant of his or her right to 

bring a civil action for injunctive relief; and 

 (3) Inform the complainant: 

 (i) That the complainant may bring a civil action 

only in a United States district court for the district in 

which the recipient is located or transacts business; 

 (ii) That a complainant prevailing in a civil action 

has the right to be awarded the costs of the action, 

including reasonable attorney's fees, but that the 

complainant must demand these costs in the 

complaint. 

 (iii) That before commencing the action the 

complainant shall give 30 days notice by registered 

mail to the Administrator, the Attorney General of 

the United States, and 

 (iv) That the notice must state: the alleged 

violation of the act; the relief requested; the court in 

which the complainant is bringing the action; and, 

whether or not attorney's fees are demanded in the 

event the complainant prevails; and 

 (v) That the complainant may not bring an action 

if the same alleged violation of the Act by the same 

recipient is the subject of a pending action in any 

court of the United States. 

Sec. 1252.411 Age distinctions. 

 There are no Federal statutes or regulations 

containing age distinctions which affect financial 

assistance administered by the agency. 
Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 70039

government; State, local or tribal 

government. 

Total Respondents: 35,000. 

Total Responses: 35,000. 

Time per Response: 20 minutes. 

Frequency: On occasion. 

Estimated Total Burden Hours:

11,667. 

Total Burden Cost (capital/startup):

$0. 

Total Burden Cost (operating/

maintenance): $0. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record.

Dated: December 10, 2003. 

Bruce Bohanon, 

Chief, Branch of Management Review and 

Internal Control, Division of Financial 

Management, Office of Management, 

Administration and Planning, Employment 

Standards Administration.

[FR Doc. 03–30969 Filed 12–15–03; 8:45 am] 

BILLING CODE 4510–27–P

LIBRARY OF CONGRESS

Copyright Office 

[Docket No. 2003–3] 

Courier Mail

AGENCY: Copyright Office, Library of 

Congress.

ACTION: New procedure for courier 

deliveries. 

SUMMARY: The Copyright Office is 

announcing the implementation of new 

procedures for deliveries made by nongovernment, in-person, commercial 

couriers or messengers. These 

procedures do not apply to deliveries 

made by U.S. government 

representatives or those made by large 

commercial carriers such as Federal 

Express or United Parcel Service.

EFFECTIVE DATE: December 29, 2003.

FOR FURTHER INFORMATION CONTACT:

Melissa Dadant, Chief, Receiving and 

Processing Division. Telephone: (202) 

707–7700. Telefax: (202) 707–1899. 

Tanya M. Sandros, Senior Attorney. 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366.

SUPPLEMENTARY INFORMATION: Beginning 

on December 29, 2003, the Library of 

Congress will no longer accept on site 

deliveries from non-governmental, inperson, commercial couriers or 

messengers. Instead, couriers must 

deliver materials for staff at the Library 

of Congress, including deliveries to 

Copyright Office employees, directly to 

the Congressional Courier Acceptance 

Site (‘‘CCAS’’), located on 2nd and D 

Streets, NE. The CCAS will accept items 

from couriers with proper identification, 

e.g., a valid driver’s license, Monday 

through Friday between 8:30 a.m. and 4 

p.m. Short-term parking for both cars 

and bikes is available at the site. The 

date of receipt at the CCAS will be 

considered as the date materials would 

have been received at the Copyright 

Office but for the change in the Library’s 

policy for accepting courier mail. 

A courier may make a delivery of up 

to ten items to the CCAS at any one 

time. When a courier makes a delivery 

to the acceptance site, each item will be 

logged-in, noting date and time, x-rayed 

and screened for hazardous materials 

and substances. Packages no larger than 

4′′ × 14′′ × 18′′ will be accepted at the 

CCAS for processing on site. Larger 

packages delivered to the CCAS will be 

redirected to the Library of Congress’

off-site mail processing center for 

inspection. Items will not be presorted 

and redirected based on their weight. 

Expected deliveries from a source 

known to the recipient that arrive at the 

CCAS before 10 a.m. will be inspected 

and delivered to the appropriate office 

in the Library of Congress by the end of 

the day. All other deliveries will be 

delivered generally during the morning 

of the next business day. Expected 

deliveries are those which have been 

requested by a staff member of the 

Library from a sender known to the 

Library or a staff member, and which are 

delivered by an employee of a known 

organization, i.e., one that is known by 

the Library and routinely conducts 

business with its staff, or by a courier 

company on its behalf. 

These procedures do not apply to 

normal mail deliveries or deliveries 

from large commercial carriers such as 

Federal Express or United Parcel 

Service (‘‘UPS’’). Deliveries from these 

carriers will continue to be processed at 

the off-site mail facility.

Dated: December 12, 2003. 

Marybeth Peters, 

Register of Copyrights.

[FR Doc. 03–31125 Filed 12–15–03; 8:45 am] 

BILLING CODE 1410–30–P

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: 154] 

Title VI of the Civil Rights Act of 1964, 

as Amended: Policy Guidance on the 

Prohibition Against National Origin 

Discrimination as It Affects Persons 

With Limited English Proficiency

AGENCY: National Aeronautics and 

Space Administration (NASA).

ACTION: Policy guidance document.

SUMMARY: NASA adopts policy guidance 

to federal financial assistance recipients 

regarding Title VI prohibition against 

national origin discrimination affecting 

Limited English Proficient (LEP) 

persons. The NASA recipient LEP 

policy guidance is issued pursuant to 

Executive Order 13166 and supplants 

existing policy guidance on the same 

subject originally published at 66 FR 

15141 (March 15, 2001).

DATES: Effective immediately.

FOR FURTHER INFORMATION CONTACT: Mr. 

Miguel A. Torres, 202–358–0937, or 

TDD: 202–358–3748. Arrangements to 

receive the policy in an alternative 

format may be made by contacting Mr. 

Miguel A. Torres.

SUPPLEMENTARY INFORMATION: The 

purpose of this policy guidance is to 

further clarify the responsibilities of 

institutions and/or entities that receive 

financial assistance from NASA, and 

assist them in fulfilling their 

responsibilities to LEP persons pursuant 

to Title VI of the Civil Rights Act of 

1964. The policy guidance emphasizes 

that in order to avoid discrimination 

against LEP persons on grounds of 

national origin, recipients of NASA 

financial assistance must take adequate 

steps to ensure that people who are not 

proficient in English can effectively 

participate in and benefit from the 

recipient’s programs and activities. 

Therefore, LEP persons should expect to 

receive the language assistance 

necessary to afford them meaningful 

access to the recipients’ programs and 

activities, free of charge. 

This document was originally 

published as policy guidance for public 

comment on March 15, 2001. See 66 FR 

15141. The document was based on the 

policy guidance issued by the 

Department of Justice entitled 

‘‘Enforcement of Title VI of the Civil 

Rights Act of 1964—National Origin 

Discrimination Against Persons with 

Limited English Proficiency.’’ 65 FR 

50213 (August 16, 2000). No public 

comments were received. 

On October 26, 2001, and January 11, 

2002, the Assistant Attorney General for 

70040 Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 

1NASA recognizes that many recipients had 

language assistance programs in place prior to the 

issuance of Executive Order 13166. This policy 

guidance provides a uniform framework for a 

recipient to integrate, formalize, and assess the 

continued vitality of these existing and possibly 

additional reasonable efforts based on the nature of 

its program or activity, the current needs of the LEP 

populations it encounters, and its prior experience 

in providing language services in the community it 

serves.

2The policy guidance is not a regulation but 

rather a guide. Title VI and its implementing 

regulations require that recipients take responsible 

steps to ensure meaningful access by LEP persons. 

This guidance provides an analytical framework 

that recipients may use to determine how best to 

comply with statutory and regulatory obligations to 

provide meaningful access to the benefits, services, 

information, and other important portions of their 

programs and activities for individuals who are 

limited English proficient.

Civil Rights issued to federal 

departments and agencies guidance 

memoranda, which reaffirmed the 

Department of Justice’s commitment to 

ensuring that federally assisted 

programs and activities fulfill their LEP 

responsibilities and which clarified and 

answered certain questions raised 

regarding the August 16th publication. 

In addition, on March 14, 2002, the 

Office of Management and Budget 

(OMB) issued a Report to Congress titled 

‘‘Assessment of the Total Benefits and 

Costs of Implementing Executive Order 

No. 13166: Improving Access to 

Services for Persons with Limited 

English Proficiency.’’ Among other 

things, the Report recommended the 

adoption of uniform guidance across all 

federal agencies, with flexibility to 

permit tailoring to each agency’s 

specific recipients. Consistent with this 

OMB recommendation, DOJ published 

LEP Guidance for DOJ recipients that 

was drafted and organized to also 

function as a model for similar guidance 

documents by other Federal grant 

agencies. See 67 FR 41455 (June 18, 

2002). NASA reviewed its March 15, 

2001, publication in light of the 

aforementioned clarifications, to 

determine whether there was a need to 

clarify or modify the March 15th policy 

guidance.

In furtherance of those memoranda, 

NASA republished revised policy 

guidance for additional public comment 

on August 15, 2003 (68 FR 48947), for 

the purpose of obtaining additional 

public comment. Because the guidance 

must adhere to the federal-wide 

compliance standards and framework 

detailed in the model DOJ LEP 

Guidance, NASA specifically solicited 

comments on the nature, scope and 

appropriateness of the NASA-specific 

examples set out in the revised guidance 

explaining and/or highlighting how 

those consistent federal-wide 

compliance standards are applicable to 

recipients of federal financial assistance 

through NASA. No public comments 

were received. 

It has been determined that this 

guidance, which supplants existing 

guidance on the same subject previously 

published at 66 FR 15141 (March 15, 

2001), does not constitute a regulation 

subject to the rulemaking requirements 

of the Administrative Procedure Act, 5 

U.S.C. 553. It also has been determined 

that this guidance is not subject to 

Executive Order 12866. 

I. Introduction 

Most individuals living in the United 

States read, write, speak and understand 

English. There are many individuals, 

however, for whom English is not their 

primary language. For instance, based 

on the 2000 census, over 26 million 

individuals speak Spanish and almost 7 

million individuals speak an Asian or 

Pacific Island language at home. If these 

individuals have a limited ability to 

read, write, speak, or understand 

English, they are limited English 

proficient, or LEP. While detailed data 

from the 2000 census has not yet been 

released, 26% of all Spanish-speakers, 

29.9% of all Chinese-speakers, and 

28.2% of all Vietnamese-speakers 

reported that they spoke English not 

well or not at all in response to the 1990 

census. 

Language for LEP individuals can be 

a barrier to accessing important benefits 

or services, understanding and 

exercising important rights, complying 

with applicable responsibilities, or 

understanding other information 

provided by federally funded programs 

and activities. The Federal Government 

funds an array of services that can be 

made accessible to otherwise eligible 

LEP persons. The Federal Government 

is committed to improving the 

accessibility of these programs and 

activities to eligible LEP persons, a goal 

that reinforces its equally important 

commitment to promoting programs and 

activities designed to help individuals 

learn English. Recipients should not 

overlook the long-term positive impacts 

of incorporating or offering English as a 

Second Language (ESL) programs in 

parallel with language assistance 

services. ESL courses can serve as an 

important adjunct to a proper Language 

Assistance Plan (LAP). However, the 

fact that ESL classes are made available 

does not obviate the statutory and 

regulatory requirement to provide 

meaningful access for those who are not 

yet English proficient. Recipients of 

federal financial assistance have an 

obligation to reduce language barriers 

that can preclude meaningful access by 

LEP persons to important government 

services.1

In certain circumstances, failure to 

ensure that LEP persons can effectively 

participate in or benefit from federally 

assisted programs and activities may 

violate the prohibition under Title VI of 

the Civil Rights Act of 1964, 42 U.S.C. 

2000d and Title VI regulations against 

national origin discrimination. The 

purpose of this policy guidance is to 

assist recipients in fulfilling their 

responsibilities to provide meaningful 

access to LEP persons under existing 

law. This policy guidance clarifies 

existing legal requirements for LEP 

persons by providing a description of 

the factors recipients should consider in 

fulfilling their responsibilities to LEP 

persons.2 These are the same criteria 

DOJ will use in evaluating whether 

recipients are in compliance with Title 

VI and Title VI regulations.

There are many productive steps that 

NASA can take to help recipients 

reduce the costs of language services 

without sacrificing meaningful access 

for LEP persons. Without these steps, 

certain smaller grantees may well 

choose not to participate in federally 

assisted programs, threatening the 

critical functions that the programs 

strive to provide. To that end, NASA 

plans to continue to provide assistance 

and guidance in this important area. In 

addition, NASA plans to work with its 

recipients, and LEP persons to identify 

and share model plans, examples of best 

practices, and cost-saving approaches. 

Moreover, NASA intends to explore 

how language assistance measures, 

resources and cost-containment 

approaches developed with respect to 

its own federally conducted programs 

and activities can be effectively shared 

or otherwise made available to 

recipients, particularly small 

businesses, and small non-profits. An 

interagency working group on LEP has 

developed a Web site, http://

www.lep.gov, to assist in disseminating 

this information to recipients, federal 

agencies, and the communities being 

served. 

Many commentators, responding to 

the proposed DOJ LEP Policy Guidance, 

noted that some have interpreted the 

case of Alexander v. Sandoval, 532 U.S. 

275 (2001), as impliedly striking down 

the regulations promulgated under Title 

VI that form the basis for the part of 

Executive Order 13166 that applies to 

federally assisted programs and 

activities. The Department of Justice has 

taken the position that this is not the 

case, and NASA agrees with that 

position. Accordingly, NASA will strive 

to ensure that federally assisted 

programs and activities work in a way 

Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 70041

3The memorandum noted that some 

commentators have interpreted Sandoval as 

impliedly striking down the disparate-impact 

regulations promulgated under Title VI that form 

the basis for the part of Executive Order 13166 that 

applies to federally assisted programs and activities. 

See, e.g., Sandoval, 532 U.S. at 286, 286 n.6 (‘‘[W]e 

assume for purposes of this decision that section 

602 confers the authority to promulgate disparateimpact regulations .* * * We cannot help 

observing, however, how strange it is to say that 

disparate-impact regulations are ‘inspired by, at the 

service of, and inseparably intertwined with’ Sec. 

601 when Sec. 601 permits the very behavior that 

the regulations forbid.’’) The memorandum, 

however, made clear that DOJ disagreed with the 

commentator’s interpretation. Sandoval holds 

principally that there is no private right of action 

to enforce Title VI disparate-impact regulations. It 

did not address the validity of those regulations or 

Executive Order 13166 or otherwise limit the 

authority and responsibility of federal grant 

agencies to enforce their own implementing 

regulations.

4Pursuant to Executive Order 13166, the 

meaningful access requirement of Title VI 

regulations and the four-factor analysis set forth in 

the DOJ LEP Guidance are to additionally apply to 

the programs and activities of federal agencies, 

including NASA.

5However, if a federal agency were to decide to 

terminate federal funds based on noncompliance 

with Title VI or its regulations, only funds directed 

to the particular program or activity that is out of 

Continued

that is effective for all eligible 

beneficiaries, including those with 

limited English proficiency.

II. Legal Authority 

Section 601 of Title VI of the Civil 

Rights Act of 1964, 42 U.S.C. 2000d, 

provides that no person shall on the 

ground of race, color, or national origin, 

be excluded from participation in, be 

denied the benefits of, or be subjected 

to discrimination under any program or 

activity receiving federal financial 

assistance. Section 602 authorizes and 

directs federal agencies that are 

empowered to extend federal financial 

assistance to any program or activity to 

effectuate the provisions of [Section 

601] by issuing rules, regulations, or 

orders of general applicability. 42 U.S.C. 

2000d–1. 

NASA regulations promulgated 

pursuant to Section 602 forbid 

recipients from utilizing criteria or 

methods of administration which have 

the effect of subjecting individuals to 

discrimination because of their race, 

color, or national origin, or have the 

effect of defeating or substantially 

impairing accomplishment of the 

objectives of the program as to 

individuals of a particular race, color, or 

national origin. 14 CFR 1250.103–2. 

The Supreme Court, in Lau v. Nichols,

414 U.S. 563 (1974), interpreted 

regulations promulgated by the former 

Department of Health, Education, and 

Welfare, including a regulation similar 

to that of NASA, 45 CFR 80.3(b)(2), to 

hold that Title VI prohibits conduct that 

has a disproportionate effect on LEP 

persons because such conduct 

constitutes national-origin 

discrimination. In Lau, a San Francisco 

school district that had a significant 

number of non-English speaking 

students of Chinese origin was required 

to take reasonable steps to provide them 

with a meaningful opportunity to 

participate in federally funded 

educational programs. 

On August 11, 2000, Executive Order 

13166 was issued. Improving Access to 

Services for Persons with Limited 

English Proficiency, 65 FR 50121 

(August 16, 2000). Under that Order, 

every federal agency that provides 

financial assistance to non-federal 

entities must publish guidance on how 

their recipients can provide meaningful 

access to LEP persons and thus comply 

with Title VI regulations forbidding 

funding recipients from restricting an 

individual in any way in the enjoyment 

of any advantage or privilege enjoyed by 

others receiving any service, financial 

aid, or other benefit under the program. 

Title VI regulations also prohibit 

utilizing criteria or methods of 

administration which have the effect of 

subjecting individuals to discrimination 

because of their race, color, or national 

origin, or have the effect of defeating or 

substantially impairing accomplishment 

of the objectives of the program as 

respects individuals of a particular race, 

color, or national origin. 

On that same day, DOJ issued a 

general guidance document addressed 

to Executive Agency Civil Rights 

Officers setting forth general principles 

for agencies to apply in developing 

guidance documents for recipients 

pursuant to the Executive Order. 

Enforcement of Title VI of the Civil 

Rights Act of 1964 National Origin 

Discrimination Against Persons With 

Limited English Proficiency, 65 FR 

50123 (August 16, 2000) (DOJ LEP 

Guidance). The DOJ role under 

Executive Order 13166 (the Executive 

Order) is unique. The Executive Order 

charges DOJ with responsibility for 

providing LEP Guidance to other 

Federal agencies and for ensuring 

consistency among each agency-specific 

guidance. Consistency among 

Departments of the Federal Government 

is particularly important. Inconsistency 

or contradictory guidance could confuse 

recipients of federal funds and 

needlessly increase costs without 

rendering the meaningful access for LEP 

persons that this guidance is designed to 

address. 

Subsequently, Federal agencies raised 

questions regarding the requirements of 

the Executive Order, especially in light 

of the Supreme Court’s decision in 

Alexander v. Sandoval, 532 U.S. 275 

(2001). On October 26, 2001, Ralph F. 

Boyd, Jr., Assistant Attorney General for 

the Civil Rights Division, issued a 

memorandum for Heads of Departments 

and Agencies, General Counsels and 

Civil Rights Directors. This 

memorandum clarified and reaffirmed 

the DOJ LEP Guidance in light of 

Sandoval.3 The Assistant Attorney 

General stated that because Sandoval 

did not invalidate any Title VI 

regulations that proscribe conduct that 

has a disparate impact on covered 

groups—the types of regulations that 

form the legal basis for the part of 

Executive Order 13166 that applies to 

federally assisted programs and 

activities—the Executive Order remains 

in force.

Pursuant to Executive Order 13166, 

DOJ developed its own guidance 

document for recipients and initially 

issued it on January 16, 2001. Guidance 

to Federal Financial Assistance 

Recipients Regarding Title VI 

Prohibition Against National Origin 

Discrimination Affecting Limited 

English Proficient Persons, 66 FR 3834 

(January 16, 2001) (LEP Guidance for 

DOJ Recipients). NASA published in the 

Federal Register (66 FR 15141) its own 

LEP Guidance. NASA did not receive 

comments from the public. 

This guidance document is thus 

published pursuant to Executive Order 

13166 and supplants the March 15, 

2001, publication. 

III. Who Is Covered? 

NASA regulations, 14 CFR Part 1250, 

require all recipients of federal financial 

assistance from NASA to provide 

meaningful access to LEP persons.4

Federal financial assistance includes 

grants, training, use of equipment, 

donations of surplus property, and other 

assistance. Recipients of NASA 

assistance include, for example: 

• State or local agencies 

• Non-profit institutions or 

organizations 

• Educational Institutions 

• Any public or private individual to 

whom federal assistance is extended, 

directly or through another recipient, 

including any successor, assignee, or 

transferee thereof.

Sub-recipients likewise are covered 

when federal funds are passed through 

from one recipient to a sub-recipient. 

Coverage extends to a recipient’s 

entire program or activity, i.e., to all 

parts of a recipient’s operations. This is 

true even if only one part of the 

recipient receives the federal 

assistance.5

70042 Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 

compliance would be terminated. 42 U.S.C. 2000d–

1.

6The focus of the analysis is on lack of English 

proficiency, not the ability to speak more than one 

language. Note that demographic data may indicate 

the most frequently spoken languages other than 

English and the percentage of people who speak 

that language or understand English less than well. 

Some of the most commonly spoken languages 

other than English may be spoken by people who 

are also overwhelmingly proficient in English. 

Thus, they may not be languages spoken most 

frequently by limited English proficient 

individuals. When using demographic data, it is 

important to focus in on the languages spoken by 

those who are not proficient in English.

Example: NASA provides assistance 

to a state department of education for 

curriculum enhancement in science and 

mathematics in its public schools. All of 

the operations of the entire state 

department of education—not just the 

schools—are covered. 

Finally, some recipients operate in 

jurisdictions in which English has been 

declared the official language. 

Nonetheless, these recipients continue 

to be subject to federal nondiscrimination requirements, including 

those applicable to the provision of 

federally assisted services to persons 

with limited English proficiency.

IV. Who Is a Limited English Proficient 

Individual? 

Individuals who do not speak English 

as their primary language and who have 

a limited ability to read, write, speak, or 

understand English can be limited 

English proficient, or LEP, entitled to 

language assistance with respect to a 

particular type of service, benefit, or 

encounter. 

Examples of populations likely to 

include LEP persons who are 

encountered and/or served by NASA 

recipients and should be considered 

when planning language services 

include, but are not limited to: 

• Students enrolled in NASA-funded 

science, mathematics, and technology 

enrichment activities. 

• Parents or family members of the 

above. 

• Individuals participating in NASA 

program orientations and visiting 

exhibits at NASA Visitor centers where 

the programs and activities are funded 

and conducted by a NASA financial 

assistance recipient. 

V. How Does a Recipient Determine the 

Extent of Its Obligation To Provide LEP 

Services? 

Recipients are required to take 

reasonable steps to ensure meaningful 

access to their programs and activities 

by LEP persons. While designed to be a 

flexible and fact-dependent standard, 

the starting point is an individualized 

assessment that balances the following 

four factors: (1) The number or 

proportion of LEP persons eligible to be 

served or likely to be encountered by 

the program or grantee; (2) the 

frequency with which LEP individuals 

come in contact with the program; (3) 

the nature and importance of the 

program, activity, or service provided by 

the program to people’s lives; and (4) 

the resources available to the grantee/

recipient and costs. As indicated above, 

the intent of this guidance is to suggest 

a balance that ensures meaningful 

access by LEP persons to critical 

services while not imposing undue 

burdens on small business, small local 

governments, or small nonprofits. 

After applying the above four-factor 

analysis, a recipient may conclude that 

different language assistance measures 

are sufficient for the different types of 

programs or activities in which it 

engages. For instance, some of a 

recipient’s activities will be more 

important than others and/or have 

greater impact on or contact with LEP 

persons, and thus may require more in 

the way of language assistance. The 

flexibility that recipients have in 

addressing the needs of the LEP 

populations they serve does not 

diminish, and should not be used to 

minimize, the obligation that those 

needs be addressed. NASA recipients 

should apply the following four factors 

to the various kinds of contacts that they 

have with the public to assess language 

needs and decide what reasonable steps 

they should take to ensure meaningful 

access for LEP persons. 

One factor in determining what 

language services recipients should 

provide is the number or proportion of 

LEP persons from a particular language 

group served or encountered in the 

eligible service population. The greater 

the number or proportion of these LEP 

persons, the more likely language 

services are needed. Ordinarily, persons 

eligible to be served, or likely to be 

directly affected, by a recipient’s 

program or activity are those who are 

served or encountered in the eligible 

service population. This population will 

be program-specific, and includes 

persons who are in the geographic area 

that has been approved by a federal 

grant agency as the recipient’s service 

area. However, where, for instance, a 

school district receiving NASA financial 

assistance serves a large LEP 

population, the appropriate service area 

is most likely the school district, and 

not the entire state. Where no service 

area has previously been approved, the 

relevant service area may be that which 

is approved by state or local authorities 

or designated by the recipient, provided 

that these designations do not 

themselves discriminatorily exclude 

certain populations. When considering 

the number or proportion of LEP 

individuals in a service area, recipients 

should consider LEP parent(s) when 

their English-proficient or LEP minor 

children and dependents are potential 

or actual participants or beneficiaries of 

NASA-funded programs and activities. 

Recipients should first examine their 

prior experiences with LEP encounters 

and determine the breadth and scope of 

language services that were needed. In 

conducting this analysis, it is important 

to include language minority 

populations that are eligible for their 

programs or activities but may be 

underserved because of existing 

language barriers. Other data should be 

consulted to refine or validate a 

recipient’s prior experience, including 

the latest census data for the area 

served, data from school systems and 

from community organizations, and data 

from state and local governments.6

Community agencies, school systems, 

and others can often assist in identifying 

populations for whom outreach is 

needed and who would benefit from the 

recipients’ programs and activities were 

language services provided.

(1) The Frequency With Which LEP 

Individuals Come in Contact With the 

Program 

Recipients should assess, as 

accurately as possible, the frequency 

with which they have or should have 

contact with an LEP individual from 

different language groups seeking 

assistance. The more frequent the 

contact with a particular language 

group, the more likely that enhanced 

language services in that language are 

needed. The steps that are reasonable 

for a recipient that serves an LEP person 

on a one-time basis will be very 

different than those expected from a 

recipient that serves LEP persons daily. 

It is also advisable to consider the 

frequency of different types of language 

contacts. For example, frequent contacts 

with Spanish-speaking people who are 

LEP may require certain assistance in 

Spanish. Less frequent contact with 

different language groups may suggest a 

different and less intensified solution. If 

an LEP individual accesses a program or 

service on a daily basis, a recipient has 

greater duties than if the same 

individual’s program or activity contact 

is unpredictable or infrequent. But even 

recipients that serve LEP persons on an 

unpredictable or infrequent basis should 

use this balancing analysis to determine 

what to do if an LEP individual seeks 

services under the program in question. 

Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 70043

7Small recipients with limited resources my find 

that entering into a bulk telephonic interpretation 

service will prove cost effective.

8Many languages have regionalisms, or 

differences in usage. For instance, a word that may 

be understood to mean something in Spanish for 

someone from Cuba may not be so understood by 

someone from Mexico. In addition, because there 

Continued

This plan need not be intricate. It may 

be as simple as being prepared to use 

one of the commercially-available 

telephonic interpretation services to 

obtain immediate interpreter services. In 

applying this standard, recipients 

should take care to consider whether 

appropriate outreach to LEP persons 

could increase the frequency of contact 

with LEP language groups. 

(2) The Nature and Importance of the 

Program, Activity, or Service Provided 

by the Program 

The more important the activity, 

information, service, or program, or the 

greater the possible consequences of the 

contact to the LEP individuals, the more 

likely language services are needed. The 

obligations to communicate information 

on short and long-term weather patterns 

to rural communities via satellite 

pictures and computer modeling differ, 

for example, from those to provide 

curriculum enhancement in science and 

mathematics to middle school students. 

A recipient needs to determine whether 

denial or delay of access to services or 

information could have serious or even 

life-threatening implications for the LEP 

individual. Decisions by NASA 

recipients to make an activity 

compulsory, such as instruction on 

safety and security requirements before 

touring a NASA facility, can serve as 

strong evidence of the program’s 

importance.

(3) The Resources Available to the 

Recipient and Costs 

A recipient’s level of resources and 

the costs that would be imposed on it 

may have an impact on the nature of the 

steps it should take. Smaller recipients 

with more limited budgets are not 

expected to provide the same level of 

language services as larger recipients 

with larger budgets. In addition, 

reasonable steps may cease to be 

reasonable where the costs imposed 

substantially exceed the benefits. 

Resource and cost issues, however, 

can often be reduced by technological 

advances; the sharing of language 

assistance materials and services among 

and between recipients, advocacy 

groups, and Federal grant agencies; and 

reasonable business practices. Where 

appropriate, training bilingual staff to 

act as interpreters and translators, 

information sharing through industry 

groups, telephonic and video 

conferencing interpretation services, 

pooling resources and standardizing 

documents to reduce translation needs, 

using qualified translators and 

interpreters to ensure that documents 

need not be fixed later and that 

inaccurate interpretations do not cause 

delay or other costs, centralizing 

interpreter and translator services to 

achieve economies of scale, or the 

formalized use of qualified community 

volunteers, for example, may help 

reduce costs.7 Recipients should 

carefully explore the most cost-effective 

means of delivering competent and 

accurate language services before 

limiting services due to resource 

concerns. Large entities and those 

entities serving a significant number or 

proportion of LEP persons should 

ensure that their resource limitations are 

well-substantiated before using this 

factor as a reason to limit language 

assistance. Such recipients may find it 

useful to be able to articulate, through 

documentation or in some other 

reasonable manner, their process for 

determining that language services 

would be limited based on resources or 

costs.

This four-factor analysis necessarily 

implicates the mix of LEP services 

required. Recipients have two main 

ways to provide language services: Oral 

interpretation either in person or via 

telephone interpretation service 

(hereinafter interpretation) and written 

translation (hereinafter translation). Oral 

interpretation can range from on-site 

interpreters for critical services 

provided to a high volume of LEP 

persons to access through commerciallyavailable telephonic interpretation 

services. Written translation, likewise, 

can range from translation of an entire 

document to translation of a short 

description of the document. In some 

cases, language services should be made 

available on an expedited basis while in 

others the LEP individual may be 

referred to another office of the recipient 

for language assistance. 

The correct mix should be based on 

what is both necessary and reasonable 

in light of the four-factor analysis. For 

instance, a visit by the NASA 

Administrator to a largely Hispanic 

neighborhood may need immediate oral 

interpreters available. (Of course, many 

community organizations may have 

already made such arrangements.) In 

contrast, there may be circumstances 

where the importance and nature of the 

activity and number or proportion and 

frequency of contact with LEP persons 

may be low and the costs and resources 

needed to provide language services 

may be high, such as in the case of a 

voluntary general public tour of a NASA 

program site in which pre-arranged 

language services for the particular 

service may not be necessary. 

Regardless of the type of language 

service provided, quality and accuracy 

of those services can be critical in order 

to avoid serious consequences to the 

LEP person and to the recipient. 

Recipients have substantial flexibility in 

determining the appropriate mix.

VI. Selecting Language Assistance 

Services 

Recipients have two main ways to 

provide language services: oral and 

written language services. Quality and 

accuracy of the language service is 

critical in order to avoid serious 

consequences to the LEP person and to 

the recipient. 

A. Oral Language Services 

(Interpretation) 

Interpretation is the act of listening to 

something in one language (source 

language) and orally translating it into 

another language (target language). 

Where interpretation is needed and is 

reasonable, recipients should consider 

some or all of the following options for 

providing competent interpreters in a 

timely manner: 

Competence of Interpreters. When 

providing oral assistance, recipients 

should ensure competency of the 

language service provider, no matter 

which of the strategies outlined below 

are used. Competency requires more 

than self-identification as bilingual. 

Some bilingual staff and community 

volunteers, for instance, may be able to 

communicate effectively in a different 

language when communicating 

information directly in that language, 

but not be competent to interpret in and 

out of English. Likewise, they may not 

be able to do written translations. 

Competency to interpret, however, 

does not necessarily mean formal 

certification as an interpreter, although 

certification is helpful. When using 

interpreters, recipients should ensure 

that they: 

Demonstrate proficiency in and 

ability to communicate information 

accurately in both English and in the 

other language and identify and employ 

the appropriate mode of interpreting 

(e.g., consecutive, simultaneous, 

summarization, or sight translation); 

Have knowledge in both languages of 

any specialized terms or concepts 

peculiar to the entity’s program or 

activity and of any particularized 

vocabulary and phraseology used by the 

LEP person,8 and understand and follow 

70044 Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 

may be languages that do not have an appropriate 

direct interpretation of some technical terms, the 

interpreter should be so aware of the issue. The 

interpreter and recipient can then work to develop 

a consistent and appropriate set of descriptions of 

these terms in that language so that they can be 

used again, when appropriate.

9For those languages for which no formal 

accreditation or certification currently exists, NASA 

recipients should consider a formal process for 

establishing the credentials of the interpreter.

confidentiality and impartiality rules to 

the same extent the recipient employee 

for whom they are interpreting and/or to 

the extent their position requires.

Understand and adhere to their role as 

interpreters without deviating into a 

role as counselor, legal advisor, or other 

roles. 

Some recipients, such as technical or 

scientific recipients, may have 

additional self-imposed requirements 

for interpreters. Where the technical 

integrity of the information depends on 

precise, complete, and accurate 

interpretation or translations, 

particularly in the contexts of 

communicating technology innovations 

to the public, the use of certified 

interpreters is strongly encouraged.9

Where such activities are lengthy, the 

interpreter will likely need breaks and 

team interpreting may be appropriate.

The quality and accuracy of language 

services is part of the appropriate mix 

of LEP services required. The quality 

and accuracy of language services 

during a safety and security briefing, for 

example, must be extraordinarily high, 

while the quality and accuracy of 

language services in responding to 

telephonic inquiries for general 

information need not meet the same 

exacting standards. 

Finally, when interpretation is needed 

and is reasonable, it should be provided 

in a timely manner. To be meaningfully 

effective, language assistance should be 

timely. While there is no single 

definition for timely applicable to all 

types of interactions at all times by all 

types of recipients, one clear guide is 

that the language assistance should be 

provided at a time and place that avoids 

the effective denial of the service, 

benefit, or right at issue or the 

imposition of an undue burden on or 

delay in important rights, benefits, or 

services to the LEP person. For example, 

when the timeliness of services is 

important, such as with certain 

activities of NASA recipients which 

involve the provision of enrollment 

information to parents of potential 

student participants in NASA-funded 

enrichment activities in science, 

mathematics, and/or technology, a 

recipient would likely not be providing 

meaningful access if it had one bilingual 

member of the staff available one day a 

week to provide the service. Such 

conduct would likely result in delays 

for LEP persons that would be 

significantly greater than those for 

English proficient persons. Conversely, 

where access to or exercise of a service, 

benefit, or right is not effectively 

precluded by a reasonable delay, 

language assistance can likely be 

delayed for a reasonable period. 

Hiring Bilingual Staff. When 

particular languages are encountered 

often, hiring bilingual staff offers one of 

the best, and often most economical, 

options. Recipients can, for example, fill 

public contact positions, such as public 

information specialists, guards, or 

program directors, with staff that are 

bilingual and competent to 

communicate directly with LEP persons 

in their language. If bilingual staff is 

also used to interpret between English 

speakers and LEP persons, or to orally 

interpret written documents from 

English into another language, they 

should be competent in the skill of 

interpreting. Being bilingual does not 

necessarily mean that a person has the 

ability to interpret. In addition, there 

may be times when the role of the 

bilingual employee may conflict with 

the role of an interpreter (for instance, 

a bilingual security guard would 

probably not be able to perform 

effectively the role of a planetary 

science interpreter and security guard at 

the same time, even if the security guard 

were a qualified interpreter). Effective 

management strategies, including any 

appropriate adjustments in assignments 

and protocols for using bilingual staff, 

can ensure that bilingual staff is fully 

and appropriately utilized. When 

bilingual staff cannot meet all of the 

language service obligations of the 

recipient, the recipient should turn to 

other options. 

Hiring Staff Interpreters. Hiring 

interpreters may be most helpful where 

there is a frequent need for interpreting 

services in one or more languages. 

Depending on the facts, sometimes it 

may be necessary and reasonable to 

provide on-site interpreters to provide 

accurate and meaningful 

communication with an LEP person. 

Contracting for Interpreters. Contract 

interpreters may be a cost-effective 

option when there is no regular need for 

a particular language skill. In addition 

to commercial and other private 

providers, many community-based 

organizations and mutual assistance 

associations provide interpretation 

services for particular languages. 

Contracting with and providing training 

regarding the recipient’s programs and 

processes to these organizations can be 

a cost-effective option for providing 

language services to LEP persons from 

those language groups. 

Using Telephone Interpreter Lines.

Telephone interpreter service lines often 

offer speedy interpreting assistance in 

many different languages. They may be 

particularly appropriate where the mode 

of communicating with an English 

proficient person would also be over the 

phone. Although telephonic 

interpretation services are useful in 

many situations, it is important to 

ensure that, when using such services, 

the interpreters used are competent to 

interpret any technical or legal terms 

specific to a particular program that may 

be important parts of the conversation. 

Nuances in language and non-verbal 

communication can often assist an 

interpreter and cannot be recognized 

over the phone. Video teleconferencing 

may sometimes help to resolve this 

issue where necessary. In addition, 

where documents are being discussed, it 

is important to give telephonic 

interpreters adequate opportunity to 

review the document prior to the 

discussion and any logistical problems 

should be addressed.

Using Community Volunteers. In 

addition to consideration of bilingual 

staff, staff interpreters, or contract 

interpreters (either in-person or by 

telephone) as options to ensure 

meaningful access by LEP persons, use 

of recipient-coordinated community 

volunteers, working with, for instance, 

community-based organizations may 

provide a cost-effective supplemental 

language assistance strategy under 

appropriate circumstances. They may be 

particularly useful in providing 

language access for a recipient’s less 

critical programs and activities. To the 

extent the recipient relies on 

community volunteers, it is often best to 

use volunteers who are trained in the 

information or services of the program 

and can communicate directly with LEP 

persons in their language. Just as with 

all interpreters, community volunteers 

used to interpret between English 

speakers and LEP persons, or to orally 

translate documents, should be 

competent in the skill of interpreting 

and knowledgeable about applicable 

confidentiality and impartiality rules. 

Recipients should consider formal 

arrangements with community-based 

organizations that provide volunteers to 

address these concerns and to help 

ensure that services are available more 

regularly. 

Use of Family Members or Friends as 

Interpreters. Although recipients should 

not plan to rely on an LEP person’s 

family members, friends, or other 

informal interpreters to provide 

meaningful access to important 

Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 70045

10For example, special circumstances may raise 

additional serious concerns regarding the voluntary 

nature, conflicts of interest, and privacy issues 

surrounding the use of persons other than qualified 

interpreters, particularly where technical 

information, an important right, benefit, service, or 

access to personal or law enforcement information 

is at stake. In some situations, individuals could 

potentially misuse information they obtained in 

interpreting for other persons. In addition to 

ensuring competency and accuracy of the 

interpretation, recipients should take these special 

circumstances into account when determining 

whether a person makes a knowing and voluntary 

choice to use another person to interpret, instead 

of an interpreter provided by the recipient.

programs and activities, where LEP 

persons so desire, they should be 

permitted to use, at their own expense, 

an interpreter of their own choosing 

(whether a professional interpreter, 

family member, or friend) in place of or 

as a supplement to the free language 

services expressly offered by the 

recipient. LEP persons may feel more 

comfortable when a trusted family 

member, or friend, acts as an interpreter. 

In addition, in exigent circumstances 

that are not reasonably foreseeable, 

temporary use of interpreters not 

provided by the recipient may be 

necessary. However, with proper 

planning and implementation, 

recipients should be able to avoid such 

situations. 

Recipients, however, should take 

special care to ensure that family, legal 

guardians, caretakers, and other 

informal interpreters are appropriate in 

light of the circumstances and subject 

matter of the program, service or 

activity, including protection of the 

recipient’s own administrative or 

enforcement interest in accurate 

interpretation. In many circumstances, 

family members (especially children), or 

friends, persons are not competent to 

provide quality and accurate 

interpretations. Issues of confidentiality, 

privacy, or conflict of interest may also 

arise. LEP individuals may feel 

uncomfortable revealing or describing 

sensitive, confidential, or potentially 

embarrassing medical, law enforcement 

(e.g., sexual or violent assaults), family, 

or financial information to a family 

member, friend, or member of the local 

community.10 In addition, such 

informal interpreters may have a 

personal connection to the LEP person 

or an undisclosed conflict of interest, 

such as the desire to protect themselves 

or another person in certain matters. For 

these reasons, when oral language 

services are necessary, recipients should 

generally offer competent interpreter 

services free of cost to the LEP person. 

For NASA recipient programs and 

activities, this is particularly true in 

situations in which health, safety, or 

security is at stake, or when credibility 

and accuracy are important to protect an 

individual’s rights and access to 

important services.

An example of such a case is when 

security guards respond to an illegal 

entry call. In such a case, use of family 

members or neighbors to interpret for 

the alleged perpetrator or witnesses may 

raise serious issues of competency, 

confidentiality, and conflict of interest 

and is thus inappropriate. While issues 

of competency, confidentiality, and 

conflict of interest in the use of family 

members (especially children), or 

friends, often make their use 

inappropriate, the use of these 

individuals as interpreters may be an 

appropriate option where proper 

application of the four factors would 

lead to a conclusion that recipientprovided services are not necessary. An 

example of this is a voluntary, 

unescorted tour of artwork in a NASA 

facility open to the general public. 

There, the importance and nature of the 

activity may be relatively low and 

unlikely to implicate issues of 

confidentiality, conflict of interest, or 

the need for accuracy. In addition, the 

resources needed and costs of providing 

language services may be high. In such 

a setting, an LEP person’s use of family 

members, friends, or others may be 

appropriate. 

If the LEP person voluntarily chooses 

to provide his or her own interpreter, a 

recipient should consider whether a 

record of that choice and of the 

recipient’s offer of assistance is 

appropriate. Where precise, complete, 

and accurate interpretations or 

translations of information are critical, 

or where the competency of the LEP 

person’s interpreter is not established, a 

recipient might decide to provide its 

own, independent interpreter, even if an 

LEP person wants to use his or her own 

interpreter as well. Extra caution should 

be exercised when the LEP person 

chooses to use a minor as the 

interpreter. While the LEP person’s 

decision should be respected, there may 

be additional issues of competency, 

confidentiality, or conflict of interest 

when the choice involves using children 

as interpreters. The recipient should 

take care to ensure that the LEP person’s 

choice is voluntary, that the LEP person 

is aware of the possible problems if the 

preferred interpreter is a minor child, 

and that the LEP person knows that a 

competent interpreter could be provided 

by the recipient at no cost. 

B. Written Language Services 

(Translation) 

Translation is the replacement of a 

written text from one language (source 

language) into an equivalent written text 

in another language (target language). 

What Documents Should Be 

Translated? After applying the fourfactor analysis, a recipient may 

determine that an effective Language 

Assistance Plan (LAP) for its particular 

program or activity includes the 

translation of vital written materials into 

the language of each frequentlyencountered LEP group eligible to be 

served and/or likely to be affected by 

the recipient’s program. 

Such written materials could include, 

for example: 

• Consent and complaint forms 

• Written notices of rights, or 

discontinuation of programs and/or 

activities 

• Notices advising LEP persons of 

free language assistance 

• Security or safety brochures for 

visitors to NASA facilities 

• Applications to participate in a 

recipient’s program or activity or to 

receive recipient benefits or services. 

Whether or not a document (or the 

information it solicits) is vital may 

depend upon the importance of the 

program, information, encounter, or 

service involved, and the consequence 

to the LEP person if the information in 

question is not provided accurately or in 

a timely manner. For instance, 

applications for participation in an 

after-school science and mathematics 

enrichment program could be 

considered vital. Where appropriate, 

recipients are encouraged to create a 

plan for consistently determining, over 

time and across its various activities, 

what documents are vital to the 

meaningful access of the LEP 

populations they serve.

Classifying a document as vital or 

non-vital is sometimes difficult, 

especially in the case of outreach 

materials like brochures or other 

information on rights and services. 

Awareness of rights or services is an 

important part of meaningful access. 

Lack of awareness that a particular 

program, right, or service exists may 

effectively deny LEP individuals 

meaningful access. Thus, where a 

recipient is engaged in community 

outreach activities in furtherance of its 

activities, it should regularly assess the 

needs of the populations frequently 

encountered or affected by the program 

or activity to determine whether certain 

critical outreach materials should be 

translated. Community organizations 

may be helpful in determining what 

outreach materials may be most helpful 

to translate. In addition, the recipient 

should consider whether translations of 

outreach material may be made more 

effective when done in tandem with 

70046 Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 

11For those languages in which no formal 

accreditation currently exists, a particular level of 

membership in a professional translation 

association can provide some indicator of 

professionalism.

12For instance, there may be languages which do 

not have an appropriate direct translation of some 

technical terms and the translator should be able to 

provide an appropriate translation. The translator 

should likely also make the recipient aware of this. 

Recipients can then work with translators to 

develop a consistent and appropriate set of 

descriptions of these terms in that language that can 

be used again, when appropriate. Recipients will 

find it more effective and less costly if they try to 

maintain consistency in the words and phrases 

used to translate terms of art and legal or other 

technical concepts.

other outreach methods, including 

utilizing the ethnic media, schools, 

religious, and community organizations 

to spread a message. 

Sometimes a document includes both 

vital and non-vital information. This 

may be the case when the document is 

very large. It may also be the case when 

the title and a phone number for 

obtaining more information on the 

contents of the document in frequentlyencountered languages other than 

English is critical, but the document is 

sent out to the general public and 

cannot reasonably be translated into 

many languages. Thus, vital information 

may include, for instance, the provision 

of information in appropriate languages 

other than English regarding where a 

LEP person might obtain an 

interpretation or translation of the 

document. 

Into What Languages Should 

Documents Be Translated? The 

languages spoken by the LEP 

individuals with whom the recipient 

has contact determine the languages 

into which vital documents should be 

translated. A distinction should be 

made, however, between languages that 

are frequently encountered by a 

recipient and less commonlyencountered languages. Many recipients 

serve communities in large cities or 

across the country. They may serve LEP 

persons who speak many different 

languages. To translate all written 

materials into all of those languages is 

unrealistic. Although recent 

technological advances have made it 

easier for recipients to store and share 

translated documents, such an 

undertaking would incur substantial 

costs and require substantial resources. 

Nevertheless, well-substantiated claims 

of lack of resources to translate all vital 

documents into dozens of languages do 

not necessarily relieve the recipient of 

the obligation to translate those 

documents into at least several of the 

more frequently-encountered languages 

and to set benchmarks for continued 

translations into the remaining 

languages over time. As a result, the 

extent of the recipient’s obligation to 

provide written translations of 

documents should be determined by the 

recipient on a case-by-case basis, 

looking at the totality of the 

circumstances in light of the four-factor 

analysis. Because translation is a onetime expense, consideration should be 

given to whether the upfront cost of 

translating a document (as opposed to 

oral interpretation) should be amortized 

over the likely lifespan of the document 

when applying this four-factor analysis. 

Safe Harbor. Many recipients would 

like to ensure with greater certainty that 

they comply with their obligations to 

provide written translations in 

languages other than English. 

Paragraphs (a) and (b) outline the 

circumstances that can provide a safe 

harbor for recipients regarding the 

requirements for translation of written 

materials. A safe harbor means that if a 

recipient provides written translations 

under these circumstances, such action 

will be considered strong evidence of 

compliance with the recipient’s writtentranslation obligations.

The failure to provide written 

translations under the circumstances 

outlined in paragraphs (a) and (b) does 

not mean there is non-compliance. 

Rather, they provide a common starting 

point for recipients to consider whether 

and at what point the importance of the 

service, benefit, or activity involved; the 

nature of the information sought; and 

the number or proportion of LEP 

persons served call for written 

translations of commonly-used forms 

into frequently-encountered languages 

other than English. Thus, these 

paragraphs merely provide a guide for 

recipients that would like greater 

certainty of compliance than can be 

provided by a fact-intensive, four-factor 

analysis.

Example: Even if the safe harbors are not 

used, if written translation of a certain 

document(s) would be so burdensome as to 

defeat the legitimate objectives of its 

program, the translation of the written 

materials is not necessary. Other ways of 

providing meaningful access, such as 

effective oral interpretation of certain vital 

documents, might be acceptable under such 

circumstances. 

Safe Harbor. The following actions 

will be considered strong evidence of 

compliance with the recipient’s writtentranslation obligations: 

(a) The NASA recipient provides 

written translations of vital documents 

for each eligible LEP language group 

that constitutes five percent or 1,000, 

whichever is less, of the population of 

persons eligible to be served or likely to 

be affected or encountered. Translation 

of other documents, if needed, can be 

provided orally; or 

(b) If there are fewer than 50 persons 

in a language group that reaches the five 

percent trigger in (a), the recipient does 

not translate vital written materials but 

provides written notice in the primary 

language of the LEP language group of 

the right to receive competent oral 

interpretation of those written materials, 

free of cost. 

These safe harbor provisions apply to 

the translation of written documents 

only. They do not affect the requirement 

to provide meaningful access to LEP 

individuals through competent oral 

interpreters where oral language 

services are needed and are reasonable. 

For example, NASA-funded educational 

enrichment programs should, where 

appropriate, ensure that NASA safety 

and security rules have been explained 

to LEP participants, at orientation, for 

instance, prior to taking a tour of any 

NASA facility. 

Competence of Translators. As with 

oral interpreters, translators of written 

documents should be competent. Many 

of the same considerations apply. 

However, the skill of translating is very 

different from the skill of interpreting, 

and a person who is a competent 

interpreter may or may not be 

competent to translate. 

Particularly where scientific and other 

technical documents are being 

translated, competence can often be 

achieved by use of certified translators. 

Certification or accreditation may not 

always be possible or necessary.11

Competence can often be ensured by 

having a second, independent translator 

check the work of the primary 

translator. Alternatively, one translator 

can translate the document, and a 

second, independent translator could 

translate it back into English to check 

that the appropriate meaning has been 

conveyed. This is called Aback 

translation.

Translators should understand the 

expected reading level of the audience 

and, where appropriate, have 

fundamental knowledge about the target 

language group’s vocabulary and 

phraseology. Sometimes direct 

translation of materials results in a 

translation that is written at a much 

more difficult level than the English 

language version or has no relevant 

equivalent meaning.12 Community 

organizations may be able to help 

consider whether a document is written 

at a good level for the audience. 

Likewise, consistency in the words and 

phrases used to translate terms of art, 

legal, or other technical concepts helps 

avoid confusion by LEP individuals and 

may reduce costs. Creating or using 

already-created glossaries of commonly 

Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 70047

used terms may be useful for LEP 

persons and translators, and cost 

effective for the recipient. Providing 

translators with examples of previous 

accurate translations of similar material 

by the recipient, other recipients, of 

Federal agencies may be helpful.

While quality and accuracy of 

translation services is critical, the 

quality and accuracy of translation 

services is nonetheless part of the 

appropriate mix of LEP services 

required. For instance, documents that 

are simple for LEP persons who rely on 

them may use translators that are less 

skilled than important documents upon 

which reliance has important 

consequences (including, e.g., 

information or documents of NASA 

recipients regarding certain security, 

health, and safety requirements.). The 

permanent nature of written 

translations, however, imposes 

additional responsibility on the 

recipient to ensure that the quality and 

accuracy permit meaningful access by 

LEP persons. 

VII. Elements of Effective Plan on 

Language Assistance for LEP Persons 

After completing the four-factor 

analysis and deciding what language 

assistance services are appropriate, a 

recipient should develop an 

implementation plan to address the 

identified needs of the LEP populations 

they serve. Recipients have considerable 

flexibility in developing this plan. The 

development and maintenance of a 

periodically-updated written LAP for 

LEP persons for use by recipient 

employees serving the public will likely 

be the most appropriate and costeffective means of documenting 

compliance and providing a framework 

for the provision of timely and 

reasonable language assistance. 

Moreover, such written plans would 

likely provide additional benefits to a 

recipient’s managers in the areas of 

training, administration, planning, and 

budgeting. These benefits should lead 

most recipients to document in a 

written LAP, their language assistance 

services, and how staff and LEP persons 

can access those services. Despite these 

benefits, certain NASA recipients, such 

as recipients serving very few LEP 

persons and recipients with very limited 

resources, may choose not to develop a 

written LAP. However, the absence of a 

written LAP does not obviate the 

underlying obligation to ensure 

meaningful access by LEP persons to a 

recipient’s program or activities. 

Accordingly, in the event that a 

recipient elects not to develop a written 

plan, it should consider alternative 

ways to articulate in some other 

reasonable manner a plan for providing 

meaningful access. Entities having 

significant contact with LEP persons, 

such as schools, religious organizations, 

community groups, and groups working 

with new immigrants can be very 

helpful in providing important input 

into this planning process from the 

beginning. 

The following five steps may be 

helpful in designing a LAP and are 

typically part of effective 

implementation plans. 

(1) Identifying LEP Individuals Who 

Need Language Assistance 

The first two factors in the four-factor 

analysis require an assessment of the 

number or proportion of LEP 

individuals eligible to be served or 

encountered and the frequency of 

encounters. This requires recipients to 

identify LEP persons with whom it has 

contact.

One way to determine the language of 

communication is to use language 

identification cards (or ‘‘I speak cards’’), 

which invite LEP persons to identify 

their language needs to staff. Such 

cards, for instance, might say ‘‘I speak 

Spanish’’ in both Spanish and English, 

‘‘I speak Vietnamese’’ in both English 

and Vietnamese, etc. To reduce costs of 

compliance, the federal government has 

made a set of these cards available on 

the Internet. The Census Bureau ‘‘I 

speak card’’ can be found and 

downloaded at http://www.usdoj.gov/

crt/cor/13166.htm. When records are 

normally kept of past interactions with 

members of the public, the language of 

the LEP person can be included as part 

of the record. In addition to helping 

employees identify the language of LEP 

persons they encounter, this process 

will help in future applications of the 

first two factors of the four-factor 

analysis. 

(2) Language Assistance Measures 

An effective LAP would likely 

include information about the ways in 

which language assistance will be 

provided. For instance, recipients may 

want to include information on at least 

the following: 

• Types of language services 

available. 

• How staff can obtain those services. 

• How to respond to LEP callers. 

• How to respond to written 

communications from LEP persons. 

• How to respond to LEP individuals 

who have in-person contact with 

recipient staff. 

• How to ensure competency of 

interpreters and translation services. 

(3) Training Staff 

Staff should know their obligations to 

provide meaningful access to 

information and services for LEP 

persons. An effective LAP plan would 

likely include training to ensure that: 

• Staff know about LEP policies and 

procedures. 

• Staff having contact with the public 

(or those in a recipient’s custody) are 

trained to work effectively with inperson and telephone interpreters. 

Recipients may want to include this 

training as part of the orientation for 

new employees. It is important to 

ensure that all employees in public 

contact positions are properly trained. 

Recipients have flexibility in deciding 

the manner in which the training is 

provided. The more frequent the contact 

with LEP persons, the greater the need 

will be for in-depth training. Staff with 

little or no contact with LEP persons 

may only have to be aware of a LAP. 

However, management staff, even if they 

do not interact regularly with LEP 

persons, should be fully aware of and 

understand the plan so they can 

reinforce its importance and ensure its 

implementation by staff. 

(4) Providing Notice to LEP Persons 

Once a recipient has decided, based 

on the four factors, that it will provide 

language services, it is important for the 

recipient to let LEP persons know that 

those services are available and that 

they are free of charge. Recipients 

should provide this notice in a language 

LEP persons will understand. Examples 

of notification that recipients should 

consider include: 

• Posting signs in intake areas and 

other entry points. When language 

assistance is needed to ensure 

meaningful access to information and 

services, it is important to provide 

notice in appropriate languages in 

intake areas or initial points of contact 

so that LEP persons can learn how to 

access those language services. This is 

particularly true in areas with high 

volumes of LEP persons seeking access 

to certain NASA programs, activities 

and or facilities run by NASA 

recipients. For instance, signs in entry 

areas could state that free language 

assistance is available. The signs should 

be translated into the most common 

languages encountered. They should 

explain how to get the language help. In 

addition, posting notices in commonly 

encountered languages notifying LEP 

persons of language assistance will 

encourage them to self-identify.

• Stating in outreach documents that 

language services are available from the 

NASA recipient. Announcements could 

70048 Federal Register / Vol. 68, No. 241 / Tuesday, December 16, 2003 / Notices 

13At educational institutions, investigations will 

be conducted by the U.S. Department of Education 

under a Memorandum of Understanding (MOU) 

between NASA and the U.S. Department of 

Education.

be in, for instance, brochures, booklets, 

and in outreach and recruitment 

information. These statements should be 

translated into the most common 

languages and could be placed on the 

front of common documents. 

• Working with community-based 

organizations and other stakeholders to 

inform LEP individuals of the 

recipients’ services, including the 

availability of language assistance 

services. 

• Using a telephone voice mail menu. 

The menu could be in the most common 

languages encountered. It should 

provide information about available 

language assistance services and how to 

get them. 

• Including notices in local 

newspapers in languages other than 

English. 

• Providing notices on non-Englishlanguage radio and television stations 

about the available language assistance 

services and how to get them. 

• Presentations and/or notices at 

schools and religious organizations. 

(5) Monitoring and Updating the LAP 

Recipients should, where appropriate, 

have a process for determining, on an 

ongoing basis, whether new documents, 

programs, services, and activities need 

to be made accessible for LEP 

individuals, and they may want to 

provide notice of any changes in 

services to the LEP public and to 

employees. In addition, recipients 

should consider whether changes in 

demographics, types of services, or 

other needs require annual reevaluation 

of their LAP. Less frequent reevaluation 

may be more appropriate where 

demographics, services, and needs are 

more static. One good way to evaluate 

the LAP is to seek feedback from the 

community. 

In their reviews, recipients may want 

to consider assessing changes in: 

• Current LEP populations in service 

area or population affected or 

encountered. 

• Frequency of encounters with LEP 

language groups. 

• Nature and importance of activities 

to LEP persons. 

• Availability of resources, including 

technological advances and sources of 

additional resources, and the costs 

imposed. 

• Whether existing assistance is 

meeting the needs of LEP persons. 

• Whether staff knows and 

understands the LAP and how to 

implement it. 

• Whether identified sources for 

assistance are still available and viable. 

In addition to these five elements, 

effective plans set clear goals, 

management accountability, and 

opportunities for community input and 

planning throughout the process. 

VIII. Voluntary Compliance Effort 

The goal for Title VI and Title VI 

regulatory enforcement is to achieve 

voluntary compliance. The requirement 

to provide meaningful access to LEP 

persons is enforced and implemented by 

NASA through the procedures 

identified in the Title VI regulations. 

These procedures include complaint 

investigations, compliance reviews, 

efforts to secure voluntary compliance, 

and technical assistance. 

The Title VI regulations provide that 

NASA will investigate whenever it 

receives a complaint, report, or other 

information that alleges or indicates 

possible noncompliance with Title VI or 

NASA regulations.13 If an investigation 

results in a finding of noncompliance, 

NASA will inform the recipient in 

writing of this determination, including 

the basis for the determination. NASA 

uses voluntary mediation to resolve 

most complaints. However, if a case is 

fully investigated and results in a 

finding of noncompliance, NASA must 

inform the recipient of the 

noncompliance through a Letter of 

Findings that sets out the areas of 

noncompliance and the steps that must 

be taken to correct the noncompliance. 

It must attempt to secure voluntary 

compliance through informal means. If 

the matter cannot be resolved 

informally, NASA must secure 

compliance through the termination of 

federal assistance after the NASA 

recipient has been given an opportunity 

for an administrative hearing and/or by 

referring the matter to the DOJ to seek 

injunctive relief or pursue other 

enforcement proceedings. NASA 

engages in voluntary compliance efforts 

and provides technical assistance to 

recipients at all stages of an 

investigation. During these efforts, 

NASA proposes reasonable timetables 

for achieving compliance and consults 

with and assists recipients in exploring 

cost-effective ways of coming into 

compliance. In determining a recipient’s 

compliance with the Title VI 

regulations, NASA’s primary concern is 

to ensure that the recipient’s policies 

and procedures provide meaningful 

access for LEP persons to the recipient’s 

programs and activities.

While all recipients must work 

toward building systems that will 

ensure access for LEP individuals, 

NASA acknowledges that the 

implementation of a comprehensive 

system to serve LEP individuals is a 

process and that a system will evolve 

over time as it is implemented and 

periodically reevaluated. As recipients 

take reasonable steps to provide 

meaningful access to federally assisted 

programs and activities for LEP persons, 

NASA will look favorably on 

intermediate steps recipients take that 

are consistent with this guidance, and 

that, as part of a broader 

implementation plan or schedule, move 

their service delivery system toward 

providing full access to LEP persons. 

This does not excuse noncompliance 

but instead recognizes that full 

compliance in all areas of a recipient’s 

activities and for all potential language 

minority groups may reasonably require 

a series of implementing actions over a 

period of time. However, in developing 

any phased implementation schedule, 

NASA recipients should ensure that the 

provision of appropriate assistance for 

significant LEP populations or with 

respect to activities having a significant 

impact on beneficiaries is addressed 

first. Recipients are encouraged to 

document their efforts to provide LEP 

persons with meaningful access to 

federally assisted programs and 

activities.

Dorothy Hayden-Watkins, 

Assistant Administrator for Equal 

Opportunity Programs.

[FR Doc. 03–30931 Filed 12–15–03; 8:45 am] 

BILLING CODE 7510–01–P

NATIONAL INDIAN GAMING 

COMMISSION 

Notice of Approval of Class III Tribal 

Gaming Ordinances

AGENCY: National Indian Gaming 

Commission.

ACTION: Notice.

SUMMARY: The purpose of this notice is 

to inform the public of class III gaming 

ordinances approved by the Chairman 

of the National Indian Gaming 

Commission and to update and correct 

the last Notice published on August 26, 

2002.

EFFECTIVE DATE: This notice is effective 

upon date of publication in the Federal 

Register.

FOR FURTHER INFORMATION CONTACT: Ms. 

Frances Fragua, Office of General 

Counsel at the National Indian Gaming 

Commission, 202/632–7003, or by 

facsimile at 202/632–7066 (not toll-free 

numbers).