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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Implementation of the Nondiscrimination and Equal Opportunity Requirements of the Job Training Partnership Act of 1982, As Amended (JTPA) |
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| Recordkeeping and Other Affirmative Obligations of Recipients |
29 CFR 34.20 - Assurance required; duration of obligation; covenants.
- Section Number: 34.20
- Section Name: Assurance required; duration of obligation; covenants.
(a) Assurance. (1) Each application for Federal financial assistance
under JTPA, as defined in Sec. 34.2, shall include an assurance, in the
following form, with respect to the operation of the JTPA-funded program
or activity and all agreements or arrangements to carry out the JTPA-
funded program or activity:
As a condition to the award of financial assistance under JTPA from
the Department of Labor, the grant applicant assures, with respect to
operation of the JTPA-funded program or activity and all agreements or
arrangements to carry out the JTPA-funded program or activity, that it
will comply fully with the nondiscrimination and equal opportunity
provisions of the Job Training Partnership Act of 1982, as amended
(JTPA), including the Nontraditional Employment for Women Act of 1991;
title VI of the Civil Rights Act of 1964, as amended; section 504 of the
Rehabilitation Act of 1973, as amended; the Age Discrimination Act of
1975, as amended; title IX of the Education Amendments of 1972, as
amended; and with all applicable requirements imposed by or pursuant to
regulations implementing those laws, including but not limited to 29 CFR
part 34. The United States has the right to seek judicial enforcement of
this assurance.
(2) The assurance shall be deemed incorporated by operation of law
in the grant, cooperative agreement, contract or other arrangement
whereby Federal financial assistance under JTPA 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 may
also be incorporated by reference in such grants, cooperative
agreements, contracts or other arrangements.
(b) Continuing State programs. Each application by a State or a
State agency to carry out a continuing JTPA-funded program or activity
shall, as a
condition to its approval and the extension of any Federal financial
assistance under JTPA pursuant to the application, provide a statement
that the JTPA-funded program or activity is (or, in the case of a new
JTPA-funded program or activity, will be) conducted in compliance with
the nondiscrimination and equal opportunity provisions of JTPA and this
part. The State shall certify that it has developed and maintains a
Methods of Administration pursuant to Sec. 34.33.
(c) Duration and scope of obligation. (1) Where the Federal
financial assistance under JTPA 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 Federal financial assistance
under JTPA is extended, or for as long as the recipient retains
ownership or possession of the property, whichever is longer.
(2) In all other cases, the assurance shall obligate the recipient
for the period during which Federal financial assistance under JTPA is
extended.
(d) Covenants. (1) Where Federal financial assistance under JTPA is
provided in the form of a transfer of real property, structures, or
improvements thereon, or interests therein, the instrument effecting or
recording the transfer shall contain a covenant assuring
nondiscrimination and equal opportunity for the period during which the
real property is used for a purpose for which the Federal financial
assistance under JTPA is extended.
(2) Where no Federal transfer of real property or interest therein
from the Federal Government is involved, but real property or an
interest therein is acquired or improved under a program of Federal
financial assistance under JTPA, the recipient shall include such
covenant described in paragraph (d)(1) of this section in the instrument
effecting or recording any subsequent transfer of such property.
(3) When the property is obtained from the Federal Government, such
covenant described in paragraph (d)(1) of this section may also include
a condition coupled with a right of reverter to the Department in the
event of a breach of the covenant.
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