[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
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 VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964--Table of Contents
 
                           Subpart A--General
 
Sec. 18.4  Assurances required.

    (a) General. (1) Every application for Federal financial assistance 
to carry out a program to which this part applies, except a program 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 program 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 for each program, 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. 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 State programs. Every application by a State or a 
State agency to carry out a program involving continuing Federal 
financial assistance to which this part applies (including the programs 
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 under a 
continuing program 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

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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. That requirement may be waived by 
the responsible agency official if the party furnishing the assurances 
establishes to the satisfaction of the responsible agency official that 
the practices in designated parts or programs of the institution or 
facility will in no way affect its practices in the program of the 
institution or facility for which Federal financial assistance is or is 
sought to be provided, or affect the beneficiaries of or participants in 
such program. If in any such case the assistance is or is sought for the 
construction of a facility or part of a facility, the assurances shall 
in any event extend to the entire facility and to facilities operated in 
connection therewith.

[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]