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part pursuant to an application approved before that effective date. This part does not apply to: (1) Any Federal financial assistance by way of insurance or guaranty contracts; (2) Money paid, property transferred, or other assistance extended under any Such program before the effective date of this part, except where such assistance was subject to the title VI regulations of any agency whose responsibilities are now exercised by this Department; (3) Any assistance to any individual who is the ultimate beneficiary under any Such program; or (4) Any employment practice, under any Such program, of any employer, employment agency, or labor organization, except to the extent described in $21.5(c).

The fact that a program or activity is not listed in appendix A to this part Shall not mean, if title VI of the Act is Otherwise applicable, that such program is not covered. Other programs under statutes now in force or hereinafter enacted may be added to appendix A to this part.

(b) In any 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 that assistance, the nondiscrimination requirement of this part shall extend to any facility located wholly or in part in that Space.

$21.5 Discrimination prohibited.

(a) General. No person in the United States shall, on the grounds of race, Color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under, any program to which this part applies.

(b) Specific discriminatory actions prohibited:

(1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on the grounds of race, Color, or national Origin.

(i) Deny a person any service, financial aid, or other benefit provided under the program; (ii) Provide any Service, financial aid, or other benefit to a person which is different, or is provided in a different manner, from that provided to others under the program; (iii) Subject a person to segregation Or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program; (iv) Restrict a person in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program; (v) Treat a person differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership, or other requirement Or Condition which persons must meet in order to be provided any Service, financial aid, or other benefit provided under the program; (vi) Deny a person an opportunity to participate in the program through the provision of Services or otherwise or afford him an opportunity to do so which is different from that afforded Others under the program; or (vii) Deny a person the opportunity to participate as a member of a planning, advisory, or similar body which is an integral part of the program. (2) A recipient, in determining the types of Services, financial aid, or other benefits, or facilities which will be provided under any such program, or the class of person to whom, or the situations in which, such services, financial aid, Other benefits, or facilities will be provided under any such program, or the class of persons to be afforded an opportunity to participate in any such program; may not, directly or through contractual or other arrangements, utilize criteria, or methods of administration which have the effect of Subjecting persons to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program with respect to individuals of a particular race, color, or national origin. (3) In determining the site or location of facilities, a recipient or appli

Cant may not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or Subjecting them to discrimination under any program to which this regulation applies, on the grounds of race, Color, or national origin; or with the purpose or effect of defeating or subStantially impairing the accomplishment Of the objectives of the Act or this part. (4) As used in this section the services, financial aid, or other benefits provided under a program receiving Federal financial assistance include any Service, financial aid, or other benefit provided in or through a facility provided with the aid of Federal finanCial assistance. (5) The enumeration of specific forms of prohibited discrimination in this paragraph does not limit the generality of the prohibition in paragraph (a) of this section. (6) Examples demonstrating the application of the provisions of this section to certain programs of the Department of Transportation are contained in appendix C of this part. (7) This part does not prohibit the consideration of race, color, or national Origin if the purpose and effect are to remove Or Overcome the conSequences of practices or impediments which have restricted the availability of, or participation in, the program or activity receiving Federal financial asSistance, on the grounds of race, color, or national Origin. Where prior disCriminatory practice Or usage tends, on the grounds of race, Color, or national Origin to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which this part applies, the applicant or recipient must take affirmative action to remove Or Overcome the effects of the prior discriminatory practice or usage. Even in the absence of prior disCriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to asSure that no person is excluded from participation in or denied the benefits of the program or activity on the grounds of race, Color, or national origin.

(c) Employment practices: (1) Where a primary objective of a program of Federal financial assistance to which this part applies is to provide employment, a recipient or other party subject to this part shall not, directly or through contractual or other arrangements, subject a person to discrimination on the ground of race, color, or national origin in its employment practices under such program (including recruitment or recruitment advertising, hiring, firing, upgrading, promotion, demotion, transfer, layoff, termination, rates of pay or other forms of compensation or benefits, Selection for training or apprenticeship, use of facilities, and treatment of employees). Such recipient shall take affirmative action to insure that applicants are employed, and employees are treated during employment, without regard to their race, color, or national origin. The requirements applicable to construction employment under any such program shall be those Specified in or pursuant to Part III of Executive Order 11246 or any Executive Order which Supersedes it. (2) Federal financial assistance to programs under laws funded or administered by the Department which have as a primary objective the providing of employment, include those set forth in appendix B to this part. (3) Where a primary objective of the Federal financial assistance is not to provide employment, but discrimination On the grounds of race, Color, or national Origin in the employment practices of the recipient or other perSons subject to the regulation tends, On the grounds of race, color, or national origin, to exclude individuals from participation in, to deny them the benefits of, or to Subject them to discrimination under any program to which this regulation applies, the provisions of paragraph (c)(1) of this Section shall apply to the employment practices of the recipient or other persons subject to the regulation, to the extent necessary to assure equality of opportunity to, and nondiscriminatory treatment Of, beneficiaries. (d) A recipient may not make a selection of a site or location of a facility if the purpose of that Selection, or its effect, when made, is to exclude individ

uals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which this rule applies, on the grounds of race, color, or national Origin; or if the purpose is to, or its effect when made will, substantially impair the accomplishment of the objectives of this part.

[35 FR 10080, June 18, 1970, as amended by Amdt. 72–2, 38 FR 17997, July 5, 1973]

$21.7 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 a SSurance. 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 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 to the program. In the case where the assistance is sought 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. The Secretary 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) In the case where 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. Where 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 such covenant in any Subsequent transfer of such property. When the property is Obtained from the Federal Government, Such covenant may also include a condition coupled with a right to be reserved by the Department to revert title to the property in the event of a breach of the Covenant where, in the discretion of the Secretary, 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 such event if 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 such property for the purposes for which the property was transferred, the Secretary may agree, upon request of the transferee and if necessary to a Ccomplish such financing, and upon Such conditions as he deems appropriate, to subordinate such right of reversion to the lien of such mortgage or other enCumbrance. (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 part) 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 in posed 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 Secretary to give reasonable guarantee 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.

§ 21.9 Compliance information.

(a) Cooperation and assistance. The Secretary shall to the fullest extent practicable Seek the COOperation of recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part.

(b) Compliance reports. Each recipient shall keep Such records and submit to the Secretary timely, complete, and accurate compliance reports at Such times, and in Such form and containing such information, as the Secretary may determine to be necessary to enable him to ascertain whether the recipient has complied or is complying with this part. In the case of any program under which a primary recipient extends Federal financial assistance to any other recipient, such other recipient shall also submit such compliance reports to the primary recipient as may be necessary to enable the primary recipient to Carry Out its obligations under this part. In general recipients should have available for the Secretary racial and ethnic data showing the extent to which members of minority groups are beneficiaries of programs receiving Federal financial asSistance.

(c) Access to sources of information. Each recipient shall permit access by the Secretary during normal business

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