[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR42.108]

[Page 795-796]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents

       Subpart C_Nondiscrimination in Federally Assisted Programs_
     Implementation of Title VI of the Civil Rights Act of 1964 \1\
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Sec.  42.108  Procedure for effecting compliance.

    (a) General. 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, the responsible 
Department official may suspend or terminate, or refuse to grant or 
continue, Federal financial assistance, or use any other means 
authorized by law, to induce compliance with this subpart. Such other 
means include, but are not limited to:
    (1) Appropriate proceedings brought by the Department to enforce any 
rights of the United States under any law of the United States 
(including other titles of the Act), or any assurance or other 
contractual undertaking, and
    (2) Any applicable proceeding under State or local law.
    (b) Noncompliance with assurance requirement. If an applicant or 
recipient fails or refuses to furnish an assurance required under Sec.  
42.105, or fails or refuses to comply with the provisions of the 
assurance it has furnished, or otherwise fails or refuses to comply with 
any requirement imposed by or pursuant to title VI or this subpart, 
Federal financial assistance may be suspended, terminated, or refused in 
accordance with the procedures of title VI and this subpart. The 
Department shall not be required to provide assistance in such a case 
during the pendency of administrative proceedings under this subpart, 
except that the Department will continue assistance during the pendency 
of such proceedings whenever such assistance is due and payable pursuant 
to a final commitment made or an application finally approved prior to 
the effective date of this subpart.
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. No order suspending, terminating, or refusing to 
grant or continue Federal financial assistance shall become effective 
until:
    (1) The responsible Department official has advised the applicant or 
recipient of his failure to comply and has determined that compliance 
cannot be secured by 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,
    (3) The action has been approved by the Attorney General pursuant to 
Sec.  42.110, and
    (4) The expiration of 30 days after the Attorney General 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 such action.

Any action to suspend or terminate or to 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 such a finding has been made and shall be limited in its effect to 
the particular program, or

[[Page 796]]

part thereof, in which such noncompliance has been so found.
    (d) Other means authorized by law. No action to effect compliance by 
any other means authorized by law shall be taken until:
    (1) The responsible Department official has determined that 
compliance cannot be secured by voluntary means,
    (2) The action has been approved by the Attorney General, and
    (3) The recipient or other person has been notified of its failure 
to comply and of the action to be taken to effect compliance.