**§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 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.

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

**Supplement *Highlights* reference**: 58(1)

*Next Section is §18.6*