[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR37.20]

[Page 400-401]
 
                             TITLE 29--LABOR
 
PART 37--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)--Table of Contents
 
Subpart B--Recordkeeping and Other Affirmative Obligations of Recipients
 
Sec. 37.20  What is a grant applicant's obligation to provide a written assurance?

                               Assurances


    (a) (1) Each application for financial assistance under Title I of 
WIA, as defined in Sec. 37.4, must include the following assurance:

    As a condition to the award of financial assistance from the 
Department of Labor under Title I of WIA, the grant applicant assures 
that it will comply fully with the nondiscrimination and equal 
opportunity provisions of the following laws:
    Section 188 of the Workforce Investment Act of 1998 (WIA), which 
prohibits discrimination against all individuals in the United States on 
the basis of race, color, religion, sex, national origin, age, 
disability, political affiliation or belief, and against beneficiaries 
on the basis of either citizenship/status as a lawfully admitted 
immigrant authorized to work in the United States or participation in 
any WIA Title I--financially assisted program or activity;
    Title VI of the Civil Rights Act of 1964, as amended, which 
prohibits discrimination on the bases of race, color and national 
origin;
    Section 504 of the Rehabilitation Act of 1973, as amended, which 
prohibits discrimination against qualified individuals with 
disabilities;
    The Age Discrimination Act of 1975, as amended, which prohibits 
discrimination on the basis of age; and
    Title IX of the Education Amendments of 1972, as amended, which 
prohibits discrimination on the basis of sex in educational programs.
    The grant applicant also assures that it will comply with 29 CFR 
part 37 and all other regulations implementing the laws listed above. 
This assurance applies to the grant applicant's operation of the WIA 
Title I-financially assisted program or activity, and to all agreements 
the grant applicant makes to carry out the WIA Title I-financially 
assisted program or activity. The grant applicant understands that the 
United States has the right to seek judicial enforcement of this 
assurance.

    (2) The assurance is considered incorporated by operation of law in 
the grant, cooperative agreement, contract or other arrangement whereby 
Federal financial assistance under Title I of the WIA is made available, 
whether or not it is physically incorporated in such document and 
whether or not there is a written agreement between the Department and 
the recipient, between the Department and the Governor, between the 
Governor and the recipient, or between recipients. The assurance also 
may be incorporated by reference in such grants, cooperative agreements, 
contracts, or other arrangements.
    (b) Continuing State programs. Each Strategic Five-Year State Plan 
submitted by a State to carry out a continuing WIA Title I-financially 
assisted program or activity must provide a statement that the WIA Title 
I-financially assisted program or activity is (or, in the case of a new 
WIA Title I-financially assisted program or activity, will be) conducted 
in compliance with the nondiscrimination and equal opportunity 
provisions of WIA and this part, as a condition to the approval of the 
Five-Year Plan and the extension of any WIA Title I financial assistance 
under the Plan. The State also must

[[Page 401]]

certify that it has developed and maintains a Methods of Administration 
under Sec. 37.54.