[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR900.408]

[Page 501-502]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 900--INTERGOVERNMENTAL PERSONNEL ACT PROGRAMS--Table of Contents
 
   Subpart D--Nondiscrimination in Federally Assisted Programs in the 
 Office of Personnel Management--Effectuation of Title VI of the Civil 
                           Rights Act of 1964
 
Sec. 900.408  Procedure for effecting compliance.

    (a) General. (1) If there appears to be a failure or threatened 
failure to comply with this subpart, and if the noncompliance or 
threatened noncompliance cannot be corrected by informal means, 
compliance with this subpart may be effected by the suspension or 
termination of or refusal to grant or to continue Federal financial 
assistance or by other means authorized by law.
    (2) Other means may include, but are not limited to, (i) a reference 
to the Department of Justice with a recommendation that appropriate 
proceedings be brought to enforce the rights of the United States under 
a law of the United States (including other titles of the Civil Rights 
Act of 1964), or an assurance or other contractual undertaking, and (ii) 
an applicable proceeding under State or local law.
    (b) Noncompliance with Sec. 900.405. If an applicant fails or 
refuses to furnish an assurance required under Sec. 900.405 or otherwise 
fails or refuses to comply with a requirement imposed by or pursuant to 
that section, Federal financial assistance may be refused in accordance 
with the procedures of paragraph (c) of this section. OPM shall not be 
required to provide assistance in that case during the pendency of the 
administrative proceedings under this paragraph. Subject, however, to 
Sec. 900.412, OPM shall continue assistance during the pendency of the 
proceedings where the assistance is due and payable pursuant to an 
application approved prior to the effective date of this subpart.
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. An order suspending, terminating, or refusing to 
grant or to continue Federal financial assistance shall not become 
effective until--
    (1) OPM has advised the applicant or recipient of his failure to 
comply and has determined that compliance cannot be secured by informal 
voluntary means;
    (2) There has been an express finding on the record, after 
opportunity for hearing, of a failure by the applicant or recipient to 
comply with a requirement imposed by or pursuant to this subpart;

[[Page 502]]

    (3) The action has been approved by the Office of Personnel 
Management pursuant to Sec. 900.410(e); and
    (4) The expiration of 30 days after the Director, Office of 
Personnel Management has filed with the committee of the House and the 
committee of the Senate having legislative jurisdiction over the program 
involved, a full written report of the circumstances and the grounds for 
the action.

An action to suspend or terminate or refuse to grant or to continue 
Federal financial assistance shall be limited to the particular 
political entity, or part thereof, or other applicant or recipient as to 
whom a finding has been made and shall be limited in its effect to the 
particular program, or part thereof, in which the noncompliance has been 
so found.
    (d) Other means authorized by law. An action to effect compliance 
with title VI by other means authorized by law shall not be taken by OPM 
until--
    (1) OPM has determined that compliance cannot be secured by 
voluntary means;
    (2) The recipient or other person has been notified of its failure 
to comply and of the action to be taken to effect compliance; and
    (3) The expiration of at least 10 days from the mailing of a notice 
to the recipient or person. During this period of at least 10 days, 
additional efforts shall be made to persuade the recipient or other 
person to comply with the regulation and to take corrective action as 
may be appropriate.