Encl. (1) to COMDTINST 5350.20A
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 statute 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
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necessary to accomplish 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 Federal financial assistance. Every application by a State or a State
agency for continuing Federal financial assistance to which this part applies (including
the types of Federal financial assistance 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 imposed 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.
(c) Assurance from institutions. (1) In the case of any application for Federal financial
assistance to an institution of higher education (including assistance for construction, for
research, for special training projects, for student loans or for any other purpose), the
assurance required by this section shall extend to admission practices and to all other
practices relating to the treatment of students. (2) The assurance required with respect
to an institution of higher education, 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.
Sec. 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.
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