[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18.4]

[Page 8-9]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF 
 
                            Subpart A_General
 
Sec. 18.4  Assurances required.

    (a) General. (1) Every application for Federal financial assistance 
to which this part applies, except an application to which paragraph (b) 
of this section 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 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. Every award of Federal 
financial assistance shall require the submission of such an assurance. 
In the case of an application for Federal financial assistance to 
provide 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. In the case of personal property the assurance 
shall obligate the recipient for the period during which the recipient 
retains ownership or possession of the property. In all other cases the 
assurance shall obligate the recipient for the period during which 
Federal financial assistance is extended pursuant to the application. 
The responsible agency 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.
    (2) Transfers of surplus property are subject to regulations issued 
by the Administrator of General Services (41 CFR subpart 101-6.2).
    (b) Continuing Federal financial assistance. Every application by a 
State or a State agency for continuing Federal financial assistance to 
which this part applies (including the types of Federal financial 
assistance listed in appendix A to this subpart) shall as a condition to 
its approval and the extension of any Federal financial assistance 
pursuant to the application (1) contain or be accompanied by a statement 
that the program is (or, in the case of a new program, will be) 
conducted in compliance with all requirements imposed by or pursuant to 
this part, and (2) provide or be accompanied by provision for such 
methods of administration for the program as are found by the 
responsible agency official to give reasonable assurance that the 
applicant and all recipients of Federal financial assistance under such 
program will comply with all requirements imposed by or pursuant to this 
part. In any case in which the recipient is claiming financial 
assistance pursuant to arrangements entered into prior to the effective 
date of this part, the assurances provided by this paragraph shall be 
included in the first application or claim for assistance on or after 
the effective date of this part.
    (c) Elementary and secondary schools. The requirements of paragraph 
(a) or (b) 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, including any 
future modification of such order, or (2) submits a plan for the 
desegregation of such school or school

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system which the responsible agency official determines is adequate to 
accomplish the purposes of the Act and this part, at 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 agency official may reserve the right to redetermine, 
after such period as may be specified by the official, 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.
    (d) Extent of application to institution or facility. In the case 
where any assurances are required from an academic, a medical care, or 
any other institution or facility, insofar as the assurances relate to 
the institution's practices with respect to the admission, care, or 
other treatment of persons by the institution or with respect to the 
opportunity of persons to participate in the receiving or providing of 
services, treatment, or benefits, such assurances shall be applicable to 
the entire institution or facility.

[38 FR 17965, July 5, 1973. Designated subpart A at 45 FR 63268, Sept. 
24, 1980, and amended at 51 FR 10384, Mar. 26, 1986; 68 FR 51369, Aug. 
26, 2003]