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grantee may not (directly or through subsequent transfer, the transferee, for contractual or other arrangements); the period during which the property is
(1) Subject an individual to discrimi used for a purpose involving the provination on the basis of sex in its em sion of similar services and benefits, or ployment practices in connection with for as long as the grantee retains ownthe program; and
ership or possession of the property, (2) In connection with any positions whichever is longer. The Associate Difunded in whole or in part with funds rector for Human Rights or his/her desmade available under the Act, subject ignee shall specify the form of the forean individual to discrimination on the going assurances for each program, and basis of race, creed, color, national ori- the extent to which like assurances gin, sex, political affiliation or beliefs. will be required of subgrantees, con
(d) The requirements applicable to tractors, and subcontractors, transferconstruction employment under any ees, successors in interest, and other such program shall be those specified
participants in the program. Any such in or pursuant to Part III of Executive
assurance shall include provisions Order 11246 or any Executive Order which give the United States a right to which supersedes it.
seek its judicial enforcement. (e) Enforcement of Title VI, section
(c) Real property. In the case of real 624 of the Economic Opportunity Act of
property, structures or improvements 1964, as amended, and this part with re
thereon, or interest therein, which spect to covered employment practices
were acquired with Federal financial shall not be superseded by state and
assistance, or in the case where Fedlocal merit systems relating to the
eral financial assistance is provided in same grantee.
the form of a transfer of real property
or interest therein from the Federal Subpart C-Responsibilities of
government, the instrument effecting Grantee
or recording the transfer shall contain
a covenant running with the land as81010.20-1 Assurances.
suring nondiscrimination for the period (a) Economic Opportunity Assurance. during which the real property is used Every application for financial assist for a purpose for which the Federal fiance for a program under the Economic nancial assistance is extended or for Opportunity Act of 1964, as amended, as another purpose involving the proviwell as every grant, contract, or agree sion of similar services or benefits, or ment with respect to such program for as long as the grantee retains ownshall specifically provide:
ership or possession of the property, (1) That no person with responsibil whichever is longer. Where no transfer ities in the operation of such programs of property is involved, but property is will discriminate with respect to any acquired or improved with Federal fisuch program on the basis of race, nancial assistance, the grantee shall creed, color, national origin, sex, polit agree to include a covenant assuring ical affiliation or beliefs; and
nondiscrimination in any subsequent (2) That compliance with such provi- transfer of such property. Where the sion shall be determined by this part. property is obtained from the Federal
(b) General. Every application for government, such covenant may also Federal financial assistance to a pro- include a condition coupled with a gram to which this subpart applies right to be reserved by CSA to have shall, as a condition to the extension of title to the property revert to the Fedany Federal assistance, contain or be eral government in the event of the accompanied by an assurance that the breach of the covenant where at the program will be conducted in compli- discretion of the Associate Director for ance with all requirements imposed by Human Rights or his/her designee such this part. In the case where Federal fi a condition and right of reverter are nancial assistance is to provide or is in appropriate to the program under the form of personal property, or real which the real property is obtained and property or interest therein or struc- to the nature of the grant and the tures thereon, the assurance shall obli- grantee. In such event if a transferee of gate the grantee, or, in the case of a 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 Associate Director for Human Rights or his/her designee may agree, upon written request of the transferee to accomplish such financing, and upon such conditions as he/she deems appropriate, to forebear the exercise of such right to have title revert to CSA for so long as the lien of such mortgage or other encumbrance remains effective.
(d) Elementary and Secondary Schools. In the case of any program for the benefit of elementary or secondary school students which, as a necessary part of such program, utilizes to a substantial extent the facilities of an elementary or secondary school or school system, the requirements of 8 1010.20_1 shall be deemed to be satisfied if such school or school system:
(1) Is subiect 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, includ ing any future modification of such order; or
(2) Submits a plan for the desegration of such school or school system which the Department of Health, Education and Welfare determines is adequate to accomplish the purposes of Title VI and this part within the earliest practicable time, and provides assurances that it will carry out such plan. 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 with such final order, including any future modification of such order.
The provisions of this paragraph do not apply to programs for pre-school children.
(e) Institutions of Higher Education. In the case of any application for Federal financial assistance to an institution of higher education, the assurance required by this paragraph shall extend to admission practices and to all other practices relating to the treatment of students. The assurance required with respect to an institution of higher edu
cation, hospital, or any other institution, insofar as the assurance relates to the institution's practices with respect to admission or other treatment of individuals as students, patients, or clients of the institution or to the opportunity to participate in the provision of services or other benefits to such individuals, shall be applicable to the entire institution unless the institution establishes, to the satisfaction of the Associate Director for Human Rights or his/her designee that the institution's practices in designated parts or programs of the institution in no way affect the beneficiaries of or participants in the programs for which Federal financial assistance is sought. 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. $1010.20–2 Required grantee civil
rights program. (a) To be eligible for funding, each CSA grantee shall have an affirmative action plan approved by the Associate Director for Human Rights or his/her designee which shall include the following:
(1) A written Equal Opportunity Policy;
(2) An Equal Opportunity Committee; (3) An Equal Opportunity Officer;
(4) A written discrimination complaint procedure at a minimum incorporating the procedures in Subpart D, $1010.30–3.
(5) A data-collection, record-keeping and reporting system to provide the information required by this part
(6) A comprehensive self-analysis, which shall include a comparison of the provision of benefits on the basis of race, sex, and national origin as to the eligible racial, sexual, and national origin population. This analysis shall also include a comparison of the grantee's employment by race, sex and national origin to the racial, sexual, and national origin characteristics of the relevant workforce. Where significant disparities are found, the recipient shall determine the reasons and, if appropriate, set forth corrective actions.
(b) The recipient of CSA financial as sistance is required to implement its CSA-approved affirmative action plan and to ensure compliance with this part. At a minimum, the following requirements must be met:
(1) Each grantee board shall formally adopt an Equal Opportunity Policy and establish an Equal Opportunity Committee which shall reflect the composition of the board in regard to representation of the public, private and low-income sectors.
(2) The Equal Opportunity Committee shall review the determinations of the Equal Opportunity Officer (E00) regarding complaints of discrimination and shall oversee the enforcement of the grantee's civil rights program.
(3) Grantees shall have at least one EOO, who shall report directly to the Board of Directors on EO matters, with responsibility for the civil rights program required by this part and such additional personnel as are necessary to carry out the requirements of this part. The EOO shall not be the Executive Director, Deputy Director or Personnel Officer. The Regional Human Rights Chief will make the determination whether the EOO will be full-time or part-time.
(4) The EOO shall undergo training as prescribed by CSA. All expenses incurred by such training shall be borne by the grantee.
(5) The EOO shall be granted the authority to carry out the following activities:
(i) Receive and attempt to resolve complaints of discrimination;
(ii) Provide aggrieved persons with information and advice on equal opportunity procedures including local, state, and Federal redress procedures, and notification of the filing deadlines for Equal Employment Opportunity Commission complaints, where applicable;
(iii) Take other steps which may assist in the resolution of a problem, prior to the filing of a formal complaint;
(iv) Assist, if requested by a complainant, in preparing a formal complaint to CSA of alleged discrimination based on race, color, creed, sex, national origin, age, handicap, political affiliation or beliefs; and
(v) Provide staff leadership in developing, implementing, and evaluating the grantee's Affirmative Action Plan (AAP).
(6) Grantees shall display, in conspicuous places, posters which summarize the rights of the employees, program participants and beneficiaries under Title VI, section 624 of the Economic Opportunity Act of 1964, as amended, and this part. Such posters shall describe the functions of the E00 and the procedures for filing complaints of discrimination, including the right to complain directly to CSA.
(7) In addition to the posters, each grantee shall make available information regarding the provisions of this part and its applicability to the program under which the grantee receives Federal financial assistance and make such information available in such manner as the Associate Director for Human Rights or his/her designee finds necessary to apprise such persons of the protections against discrimination assured them by Title VI, the Economic Opportunity Act, and this part.
(8) Grantee shall make its posters and other material available in a language other than English where a significant number or proportion of the population eligible to be served or likely to be directly affected a by Federally assisted program need services in another language. The Associate Director for Human Rights or his/her designee will determine when publication in a language other than English is necessary.
8 1010.20_3 Data and information re
quirements. (a) Each grantee shall collect, maintain, and, upon request of CSA, submit the information set forth in this section. All of the information set forth shall be collected unless the Associate Director for Human Rights or his/her designee grants a written exemption to any information requirement for good cause shown by the grantee.
(b) To the extent that CSA has supplied or prescribed forms for the following information such forms shall be utilized by the grantee.
(c) Grantees shall collect and maintain the following information:
(1) The manner in which services are filed, the date the grantee's investigaor will be provided by the program in tion was completed and the disposition question, and related data necessary and the date of disposition; and for determining whether any persons (3) Where CSA determines that it is are or will be denied such services on necessary and appropriate for the enthe basis of race, color, sex or national forcement of Title VI or this part, addiorigin.
tional data such as demographic maps, (2) The population eligible to be the racial or sexual composition of afserved by race, color, sex or national
fected neighborhoods, or census data origin.
will be required, however, only to the (3) The location of existing or pro extent that the information is readily posed facilities connected with the pro available or the requirement can be gram and related information adequate complied with by reasonable effort. for determining whether the location (e) Access to Sources of Information. has or will have the effect of unneces Each grantee shall permit access by sarily denying services to any persons the responsible CSA official or his/her on the basis of race, color, sex or na
designee during normal business hours tional origin.
to its books, records, accounts, and (4) The present or proposed member
other sources of information, and its ship by race, color, sex and national or
facilities as may be pertinent to ascerigin in any policy making or advisory
tain compliance with this part. Where body which is an integral part of the
any information required of a grantee program.
is in the exclusive possession of any (5) Where relocation is involved, the
other agency, institution or person and requirements and steps used or pro
that agency, institution or person fails posed to guard against unnecessary ad
or refuses to furnish this information, verse impact on persons on the basis of
the grantee shall set forth in writing race, color, sex or national origin.
the efforts it has made to obtain the (6) Data regarding covered employ
information and provide this informament, including use or planned use of tion to the CSA official requesting bilingual public contact employees such information. serving the beneficiaries of the program where necessary to permit effec
Subpart D-Conduct of tive participation by beneficiaries un Investigations and Reviews able to speak or understand English.
(7) A brief description of any of its 81010.30-1 Pre-award compliance repending applications to other Federal
views. agencies for assistance and of assist- (a) Prior to approval of financial asance being provided at the time of the sistance, all applications for financial application or requested report.
assistance shall be reviewed by the As(8) A statement describing any civil sociate Director for Human rights or rights compliance reviews regarding his/her designee, who will make a writthe applicant or grantee conducted ten determination as to whether the during the two-year period before the applicant is in compliance with title applicant or report, and the results of VI, section 624 of the Economic Opporthose reviews.
tunity Act of 1964, as amended, and the (d) In addition to the data and infor requirements of this part. The basis for mation required in g 1010.20-3(C)(1)-(8), such a determination shall be submiseach applicant or grantee shall:
sion of an assurance of compliance and (1) Promptly notify CSA of any law a review of the compliance data and insuits filed against the applicant or formation submitted by the applicant, grantee alleging discrimination on the and any relevant compliance review rebasis of race, color, sex or national ori ports on file with CSA. Where a detergin,
mination cannot be made from this (2) Maintain a log of complaints data, the Office of Human Rights will under Title VI and this part identifying require the submission of necessary adeach complainant by race, color, sex or ditional information and may take adnational origin, the nature of the com- ditional steps. Such additional steps plaint, the date the complaint was may include, for example, communicating with local government offi- have the greatest disparity in the decials or protected class organizations livery of services or which appear to and field reviews.
have the most serious employment (b) No application shall be approved problems as defined by $1010.10 3. Seunless it is determined that the appli lection for review shall be made on the cant is in compliance with title VI, sec- basis of the following factors: tion 624 of the Economic Opportunity (1) The relative disparities between Act of 1964, as amended, and this part the percentage of the eligible minority or the applicant has agreed in writing or female populations, if appropriate, to take necessary enumerated steps receiving program benefits and the perwithin a stated period of time to come centage of eligible minorities or feinto compliance. Such an agreement males, if appropriate, in the eligible must be approved by the Associate Di- population. rector for Human Rights and made a (2) The relative disparities between part of the conditions of the grant.
the percentage of minorities and fe(c) If the grantee fails or refuses to males in the relevant labor market and enter into such an agreement, the As the percentage of minorities and fesociate Director for Human rights shall males employed by the grantee; notify the recipient and the Assistant (3) The number and nature of Attorney General for Civil Rights in compliants filed against a grantee eiwriting of:
ther with CSA or other Federal agen(1) The preliminary findings setting cies; forth the reasons for the applicant's (4) The scope of problems revealed as noncompliance;
a result of an investigation of a compli(2) The actions necessary to come ant filed with CSA and other approinto compliance; and
priate Federal, state and local civil (3) The fact that the applicant has 10 rights agencies; and days to come into compliance and that (5) The amount of assistance provided the applicant may provide during this to a grantee. time a documentary submission re- (d) Within 15 days of the selection of sponding to, rebutting, or denying the a grantee for review, the grantee shall allegations raised in the notice to be notified that it has been selected for them.
a compliance review and the review (d) If within this 10-day period the shall be initiated. applicant has not complied with the ac (e) The grantee shall be informed tions set forth to come into compli that it may at any time prior to CSA's ance, or voluntary compliance has not findings make a documentary submisbeen secured, or has not satisfactorily sion responding to, rebutting, or denyrebutted the allegations, the Associate ing allegations raised in the course of Director for Human Rights shall make the compliance review. a formal determination of compliance, (1) Within 180 days for the initiation notify the grantee and the Assistant of a compliance review, the Associate Attorney General for Civil Rights, and Director for Human Rights or his/her institute proceedings under subpart E. designee shall notify the grantee in
(e) CSA shall defer action on applica- writing of: tions for assistance during the pend (1) Preliminary findings; ency of enforcement proceedings under
(2) Recommendations for achieving this section.
voluntary compliance, where appro
priate; and g 1010.30-2 Post-award review.
(3) The opportunity to engage in vol(a) Each grantee shall submit an an untary compliance negotiations, where nual report which will contain the appropriate. compliance information specified in The Associate Director for Human $1010.20-3.
Rights or his/her designee shall notify (b) The Office of Human Rights will the Assistant Attorney General for periodically conduct compliance re Civil Rights at the same time he/she views of selected grantees.
notifies the grantee of any matter (c) The Office of Human Rights shall where recommendations for achieving seek to review those grantees which voluntary compliance are made.