SSBCI Application

State Small Business Credit Initiative Allocation Agreement

Section 9_Assurances of Compliance with Civil Rights Requirements

SSBCI Application

OMB: 1505-0227

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ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s
program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with legal requirements related to nondiscrimination and
nondiscriminatory use of federal funds. These requirements include ensuring that entities receiving federal
financial assistance from Treasury do not deny benefits or services, or otherwise discriminate on the basis of
race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual
orientation and gender identity), in accordance with, but not limited to, the following authorities: Title VI of
the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d-1 et seq., and the Department's implementing
regulations, 31 C.F.R. part 22, and other pertinent executive orders such as Executive Order 13166; Section
504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794; Title IX of the Education Amendments
of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 C.F.R. part
28; Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., and the Department’s implementing
regulations at 31 C.F.R. part 23.
2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with
Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands
that denying a person access to its programs, services, and activities because of LEP is a form of national
origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the
Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with
the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its
programs, services, and activities. Recipient understands and agrees that meaningful access may entail
providing language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication in the Recipient’s programs, services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http://www.lep.gov.
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4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above. With regard to Title VI,
Recipient agrees to incorporate the following language in every contract or agreement subject to Title VI
and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors,
successors, transferees, and assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the
Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Title VI also includes protection to persons
with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
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. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
agreements between the Recipient and the administrative agency that made the finding. If the Recipient
settles a case or matter alleging such discrimination, the Recipient must provide documentation of the
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settlement. If Recipient has not been the subject of any court or administrative agency finding of
discrimination, please so state.
10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for
ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this
document State agencies that make sub-awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights compliance of
subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the United States
may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the
Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the Recipient is in compliance with the aforementioned
nondiscrimination requirements.

_________________________________
Recipient

Date

_________________________________
Signature of Authorized Official

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File Typeapplication/pdf
File TitleAssurances of Compliance with Civil Rights Requirements
AuthorXiao, Jean (Detailee)
File Modified2021-11-12
File Created2021-11-05

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