[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR900.405]

[Page 528-530]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 900_INTERGOVERNMENTAL PERSONNEL ACT PROGRAMS--Table of Contents
 
Subpart D_Nondiscrimination in Federally Assisted Programs in the Office 
of Personnel Management_Effectuation of Title VI of the Civil Rights Act 
                                 of 1964
 
Sec. 900.405  Assurances required.

    (a) General. (1) An application for Federal financial assistance to 
carry out a program to which this subpart applies, except a program to 
which paragraph (d) 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 Federal financial assistance 
pursuant to the application, contain or be accompanied by, assurances 
that the program will be conducted or the facility operated in 
compliance with the requirements imposed by or pursuant to this subpart. 
Every program of Federal financial assistance shall require the 
submission of these assurances. In the case 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 assurances 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 other cases, the assurances obligate 
the recipient for the period during which the Federal financial 
assistance is extended to the program. In the case where the assistance 
is sought for the construction of a facility or part of a facility, the 
assurances shall extend to the entire facility and to the facilities 
operated in connection therewith. OPM 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. The assurances shall include provisions 
which give the

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United States the right to seek judicial enforcement.
    (2) When Federal financial assistance is provided in the form of a 
transfer of real property, structures, or improvements thereon, or 
interest therein, from the Federal Government, the instrument effecting 
or recording the transfer 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. When no transfer of property or interest therein 
from the Federal Government is involved, but property is acquired or 
improved under a program of Federal financial assistance, the recipient 
shall agree to include a covenant in any subsequent transfer of the 
property. When the property is obtained from the Federal Government, the 
covenant may also include a condition coupled with a right to be 
reserved by OPM to revert title to the property in the event of a breach 
of the covenant where, in the discretion of OPM, such a condition and 
right of reverter is appropriate to the program under which the real 
property is obtained and to the nature of the grant and the grantee. In 
the event a transferee of real property proposes to mortgage or 
otherwise encumber the real property as security for financing 
construction of new, or improvement of existing, facilities on property 
for the purposes for which the property was transferred, OPM may agree, 
on request of the transferee and if necessary to accomplish the 
financing, and on conditions as he deems appropriate, to subordinate a 
right of reversion to the lien of a mortgage or other encumbrance.
    (b) Assurances from government agencies. In the case of an 
application from a department, agency, or office of a State or local 
government for Federal financial assistance for a specified purpose, the 
assurance required by this section shall extend to any other department, 
agency, or office of the same governmental unit if the policies of the 
other department, agency, or office will substantially affect the 
project for which Federal financial assistance is requested. That 
requirement may be waived by the responsible OPM official if the 
applicant establishes, to the satisfaction of the responsible OPM 
official, that the practices in other agencies or parts or programs of 
the governmental unit will in no way affect (1) its practices in the 
program for which Federal financial assistance is sought, or (2) the 
beneficiaries of or participants in or persons affected by the program, 
or (3) full compliance with this subpart as respects the program.
    (c) Assurance from academic and other institutions. (1) In the case 
of an application for Federal financial assistance by an academic 
institution, the assurance required by this section extends to admission 
practices and to all other practices relating to the treatment of 
students.
    (2) The assurance required by an academic institution, detention or 
correctional facility, or any other institution or facility, relating to 
the institution's practices with respect to admission or other treatment 
of individuals as students, patients, wards, inmates, persons subject to 
control, or clients of the institution or facility or to the opportunity 
to participate in the provision of services, disposition, treatment, or 
benefits to these individuals, is applicable to the entire institution 
or facility unless the applicant establishes, to the satisfaction of the 
responsible OPM 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 sought, or the beneficiaries of or 
participants in the program. If the assistance sought is for the 
construction of a facility or part of a facility, the assurance shall 
extend to the entire facility and to facilities operated in connection 
therewith.
    (d) 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 subpart applies (including the 
programs listed in appendix A to this subpart) shall as a condition to 
its approval and the extension of Federal financial assistance pursuant 
to the application (1) contain or be accompanied by a statement that the

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program is (or, in the case of a new program, will be) conducted in 
compliance with the requirements imposed by or pursuant to this subpart, 
and (2) provide or be accompanied by provision for methods of 
administration for the program as are found by OPM to give reasonable 
guarantee that the applicant and all recipients of Federal financial 
assistance under the program will comply with the requirements imposed 
by or pursuant to this subpart.