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• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -
<br />Income Populations (prevents discrimination against minority populations by discouraging programs, policies,
<br />and activities with disproportionately high and adverse human health or environmental effects on minority and
<br />low-income populations); and
<br />• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards
<br />against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by
<br />ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to
<br />programs (70 FR 74087-74100),
<br />The State highway safety agency—
<br />Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color,
<br />national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by
<br />Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be
<br />otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the
<br />program is Federally -assisted;
<br />• Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors,
<br />subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
<br />requirements of the Non -Discrimination Authorities identified in this Assurance;
<br />• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all
<br />applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts,
<br />documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
<br />reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
<br />Authority;
<br />• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising
<br />under these Non -Discrimination Authorities and this Assurance;
<br />• Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
<br />"During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
<br />a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to
<br />time;
<br />b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
<br />discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein;
<br />c. To permit access to its books, records, accounts, other sources of information, and its facilities as
<br />required by the State highway safety office, US DOT or NHTSA;
<br />d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in
<br />this contract/funding agreement, the State highway safety agency will have the right to impose such
<br />contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to
<br />withholding payments to the contractor/funding
<br />recipient under the contract/agreement until the contractor/funding recipient complies; and/or
<br />cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
<br />e. To insert this clause, including paragraphs (a) through (e), in every subcontract and sub agreement and
<br />in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this
<br />program.
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