[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: 28CFR42.206]

[Page 804-805]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents
 
       Subpart D_Nondiscrimination in Federally Assisted Programs_
 Implementation of Section 815(c)(1) of the Justice System Improvement 
                               Act of 1979
 
Sec.  42.206  Compliance reviews.

    (a) The Office shall periodically conduct:
    (1) Pre-award compliance reviews of all applicants requesting a 
grant from LEAA, NIJ, or BJS for $500,000 or more; and
    (2) Post-award compliance reviews of selected recipients of LEAA, 
NIJ, or BJS assistance.
    (b) Pre-award reviews. The Office shall review selected formula, 
discretionary, and national priority applications for $500,000 or more 
in order to determine whether the application presents a possibility of 
discrimination in the services to be performed under the grant, or in 
the employment practices of the applicant. In those instances where it 
finds such a possibility, the Office shall special condition, disapprove 
or take other action with respect to the application to assure that the 
project complies with section 815(c)(1) of the JSIA.
    (c) Post-award reviews. The Office shall seek to review those 
recipients which appear to have the most serious equal employment 
opportunity problems, or the greatest disparity in the delivery of 
services to the minority and non-minority or male and female communities 
they serve. Selection for review shall be made on the basis of:
    (1) The relative disparity between the percentage of minorities, or 
women, in the relevant labor market, and the percentage of minorities, 
or women, employed by the recipient;
    (2) The percentage of women and minorities in the population 
receiving program benefits;
    (3) The number and nature of discrimination complaints filed against 
a recipient with OJARS or other Federal agencies;
    (4) The scope of the problems revealed by an investigation commenced 
on the basis of a complaint filed with the Office against a recipient or 
by a pre-award compliance review; and
    (5) The amount of assistance provided to the recipient.
    (d) Within 15 days after selection of a recipient for review, the 
Office shall inform the recipient that it has been selected and will 
initiate the review. The review will ordinarily be initiated by a letter 
requesting data pertinent to the review and advising the recipient of:
    (1) The practices to be reviewed;
    (2) The programs or activities affected by the review;
    (3) The opportunity to make, at any time prior to receipt of the 
Office's investigative findings, a documentary submission responding to 
the Office, explaining, validating, or otherwise addressing the 
practices under review; and
    (4) The schedule under which the review will be conducted and a 
determination of compliance or non-compliance made.

Copies of this letter will also be sent to the chief executive of the 
appropriate unit(s) of government, and to the appropriate CJC.
    (e) Within 150 days or, where an on-site investigation is required, 
within 175 days after the initiation of the review, the Office shall 
advise the recipient, the chief executive(s) of the appropriate unit(s) 
of government, and the appropriate CJC, of:
    (1) Its investigative findings;
    (2) Where appropriate, its recommendations for compliance; and
    (3) The opportunity to request the Office to engage in voluntary 
compliance negotiations prior to the Director of OJARS' determination of 
compliance or noncompliance.
    (f) If, within 30 days, the Office's recommendations for compliance 
are not met, or voluntary compliance is not secured, the Director of 
OJARS shall make a determination of compliance or non-compliance. The 
determination shall be made no later than 14 days after the conclusion 
of the 30-day negotiation period. If the Director makes a determination 
of non-compliance with

[[Page 805]]

section 815(c) of the JSIA, the Office shall institute administrative 
proceedings pursuant to Sec.  42.208, et seq.

[45 FR 28705, Apr. 30, 1980; 45 FR 54037, Aug. 14, 1980]