1.5

Assurances required.

\(a\) General. (1) Every contract for Federal financial assistance to

carry out a program or activity to which this part 1 applies, executed

on or after January 3, 1965, and every application for such Federal

financial assistance submitted on or after January 3, 1965, shall, as a

condition to its approval and the extension of any Federal financial

assistance pursuant to such contract or application, contain or be

accompanied by an assurance that the program or activity will be

conducted and the housing, accommodations, facilities, services,

financial aid, or other benefits to be provided will be operated and

administered in compliance with all requirements imposed by or pursuant

to this part 1. In the case of a contract or application where the

Federal financial assistance is to provide or is in the form of personal

property or real property or interest therein 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 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, or for as long as the recipient retains ownership

or possession of the property, whichever is longer. In all other cases

the assurance shall obligate the recipient for the period during which

Federal financial assistance is extended pursuant to the contract or

application. The responsible Department official shall specify the form

of the foregoing assurance for such program or activity, and the extent

to which like assurances will be required of subgrantees, contractors

and subcontractors, transferees, successors in interest, and other

participants in the program or activity. Any such assurance shall

include provisions which give the United States a right to seek its

judicial enforcement.

\(2\) In the case of real property, structures or improvements

thereon, or interests therein, acquired through a program of Federal

financial assistance the instrument effecting any disposition by the

recipient of such real property, structures or improvements thereon, or

interests therein, 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. In the case where Federal financial assistance is

provided in the form of a transfer of real property or interests therein

from the Federal Government, the instrument effecting or recording the

transfer shall contain such a covenant.

\(3\) In program receiving Federal financial assistance in the form,

or for the acquisition, of real property or an interest in real

property, to the extent that rights to space on, over, or under any such

property are included as part of the program receiving such assistance,

the nondiscrimination requirements of this part 1 shall extend to any

facility located wholly or in part in such space.

\(b\) Preexisting contracts\--funds not disbursed. In any case where a

contract for Federal financial assistance, to carry out a program or

activity to which this part 1 applies, has been executed prior to

January 3, 1965, and the funds have not been fully disbursed by the

Department, the responsible Department official shall, where necessary

to effectuate the purposes of this part 1, require an assurance similar

to that provided in paragraph (a) of this section as a condition to the

disbursement of further funds.

\(c\) Preexisting contracts\--periodic payments. In any case where a

contract for Federal financial assistance, to carry out a program or

activity to which this part 1 applies, has been executed prior to

January 3, 1965, and provides for periodic payments for the continuation

of the program or activity, the recipient shall, in connection with the

first application for such periodic payments on or after January 3,

1965: (1) Submit a statement that the program or activity is being

conducted in compliance with all requirements imposed by or pursuant to

this part 1 and (2) provide such methods of administration for the

program or activity as are found by the responsible Department official

to give reasonable assurance that the recipient will comply with all

requirements imposed by or pursuant to this part 1.

\(d\) Assurances from institutions. (1) In the case of any application

for Federal financial assistance to an institution of higher education,

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, hospital, or any other institution, insofar as the assurance

relates to the institution\'s practices with respect to admission or

other treatment of persons as students, patients, or clients of the

institution or to the opportunity to participate in the provision of

services or other benefits to such persons, shall be applicable to the

entire institution unless the applicant establishes, to the satisfaction

of the responsible Department official, that the institution\'s
practices

in designated parts or programs of the institution will in no way affect

its practices in the program of the institution for which Federal

financial assistance is sought, or the beneficiaries of or participants

in such program. If in any such case the assistance sought is for the

construction of a facility or part of a facility, the assurance shall in

any event extend to the entire facility and to facilities operated in

connection therewith.

\(e\) Elementary and secondary schools. The requirements 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 official of the Department

of Health and Human Services determines is adequate to accomplish the

purposes of the Act and this part 1 within the earliest practicable

time, and provides reasonable assurance that it will carry out such

plan.

\[38 FR 17949, July 5, 1973, as amended at 50 FR 9269, Mar. 7, 1985\]