[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR141.4]

[Page 611-612]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 141_NONDISCRIMINATION IN FEDERALLY	ASSISTED PROGRAMS OF THE 
 
Sec. 141.4  Assurances required.

    (a) General. (1) Every application for Federal financial assistance 
to which this part applies, as a condition to its approval and the 
extension of any Federal financial assistance pursuant to the 
application, shall contain or be accompanied by an assurance that the 
program will be conducted or the facility operated in compliance with 
all requirements imposed by or pursuant to this part. The assurance 
shall obligate the recipient for the period during which Federal 
financial assistance is extended pursuant to the application.
    (2) In any case where the Federal assistance is to provide, or is in 
the form of personal property, or real property or structures or any 
interest therein, or such property is acquired as a result of and in 
connection with such assistance, the assurance shall obligate the 
recipient, or, in case of subsequent transfers, the transferees, for the 
period during which the property is used for a purpose for which the 
Federal assistance was, or is extended, or for another purpose involving 
the provision of similar services and benefits, or for as long as the 
recipient retains ownership or possession of the property, whichever is 
longer. Any assurance relating to property provided under or acquired as 
a result of or in connection with such assistance shall as appropriate 
require any instrument effecting or recording transfer, title or other 
evidence of ownership or right to possession, to include a covenant or 
condition assuring nondiscrimination for the period of obligation of the 
recipient or any transferee, which may contain a right to be reserved to 
the Department to revert title or right to possession. Where no transfer 
of property is involved, but property is improved or any interest of the 
recipient or transferee therein is increased as a result of Federal 
financial assistance, the recipient or transferee shall agree to include 
such covenant or condition in any subsequent transfer of such property. 
Failure to comply with any such conditions or requirements contained in 
such assurances shall render the recipient and the transferees, where 
appropriate, presumptively in noncompliance.
    (3) The responsible Departmental official shall specify the form of 
the foregoing assurances, and the extent to which like assurances will 
be required of subgrantees, contractors and subcontractors, transferees, 
successors in interest, and other participants. Any such assurance shall 
include provisions which give the United States a right to seek its 
judicial enforcement.
    (b) Assurances from institutions. (1) In the case of any application 
for Federal financial assistance to an institution of higher education, 
including assistance for construction, for research, for a special 
training project, for student loans, or for any other purpose, the 
assurance required by this section shall extend to admission practices 
and to all other practices relating to the treatment of students.
    (2) The assurance required with respect to an institution of higher 
education, or any other institution, insofar as the assurance relates to 
the institution's practices with respect to admission or other treatment 
of individuals as students, or clients of the institution or to the 
opportunity to participate in the provision of services or other 
benefits to such individuals, shall be applicable to the entire 
institution.

[[Page 612]]

    (c) Elementary and secondary schools. The requirements of paragraph 
(a)(1) of this section, with respect to any elementary or secondary 
school or school system shall be deemed to be satisfied if such school 
or school system (1) is subject to a final order of a court of the 
United States for the desegregation of such school or school system, and 
provides an assurance that it will comply with such order, or (2) 
submits a plan the desegregation of such school or school system which 
the responsible official of the Department of Health, Education, and 
Welfare determines is adequate to accomplish the purposes of the Act and 
this part within the earliest practicable time, and provides reasonable 
assurance that it will carry out such plan; in any case of continuing 
Federal financial assistance the responsible official of the Department 
of Health, Education and Welfare may reserve the right to redetermine, 
after such period as may be specified by him the adequacy of the plan to 
accomplish the purposes of the Act and this part. In any case in which a 
final order of a court of the United States for the desegregation of 
such school or school system is entered after submission of such a plan, 
such plan shall be revised to conform to such final order, including any 
future modification of such order.

[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17946, July 5, 1973; 68 FR 
51358, Aug. 26, 2003]