[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: 28CFR42.406]

[Page 817-818]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents
 
Subpart F_Coordination of Enforcement of Non-discrimination in Federally 
                            Assisted Programs
 
Sec.  42.406  Data and information collection.

    (a) Except as determined to be inappropriate in accordance with 
paragraph (f) of this section or Sec.  42.404(b), federal agencies, as a 
part of the guidelines required by Sec.  42.404, shall in regard to each 
assisted program provide for the collection of data and information from 
applicants for and recipients of federal assistance sufficient to permit 
effective enforcement of title VI.
    (b) Pursuant to paragraph (a) of this section, in conjunction with 
new applications for federal assistance (see 28 CFR 50.3(c) II A) and in 
any applications for approval of specific projects or significant 
changes in applications for continuation or renewal of assistance (see 
28 CFR 50.3(c) II B), and at other times as appropriate, federal 
agencies shall require applicants and recipients to provide relevant and 
current title VI information. Examples of data and information which, to 
the extent necessary and appropriate for determining compliance with 
title VI, should be required by agency guidelines are as follows:
    (1) The manner in which services are or will be provided by the 
program in question, and related data necessary for determining whether 
any persons are or will be denied such services on the basis of 
prohibited discrimination;
    (2) The population eligible to be served by race, color and national 
origin;
    (3) Data regarding covered employment, including use or planned use 
of bilingual public-contact employees serving beneficiaries of the 
program where necessary to permit effective participation by 
beneficiaries unable to speak or understand English;
    (4) The location of existing or proposed facilities connected with 
the program, and related information adequate for determining whether 
the location has or will have the effect of unnecessarily denying access 
to any persons on the basis of prohibited discrimination;
    (5) The present or proposed membership, by race, color and national 
origin, in any planning or advisory body which is an integral part of 
the program;
    (6) Where relocation is involved, the requirements and steps used or 
proposed to guard against unnecessary impact on persons on the basis of 
race, color or national origin.
    (c) Where additional data, such as demographic maps, the racial 
composition of affected neighborhoods or census data, is necessary or 
appropriate, for understanding information required in paragraph (b) of 
this section, federal agencies shall specify, in their guidelines or in 
other directives, the need to submit such data. Such additional data 
should be required, however, only to the extent that it is readily 
available or can be compiled with reasonable effort.
    (d) Pursuant to paragraphs (a) and (b) of this section, in all 
cases, federal agencies shall require:
    (1) That each applicant or recipient promptly notify the agency upon 
its request of any lawsuit filed against the

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applicant or recipient alleging discrimination on the basis of race, 
color or national origin, and that each recipient notify the agency upon 
its request of any complaints filed against the recipient alleging such 
discrimination;
    (2) A brief description of any applicant's or recipient's pending 
applications to other federal agencies for assistance, and of federal 
asssistance being provided at the time of the application or requested 
report;
    (3) A statement by any applicant describing any civil rights 
compliance reviews regarding the applicant conducted during the two-year 
period before the application, and information concerning the agency or 
organization performing the review; and periodic statements by any 
recipient regarding such reviews;
    (4) A written assurance by any applicant or recipient that it will 
compile and maintain records required, pursuant to paragraphs (a) and 
(b) of this section, by the agency's guidelines or other directives.
    (e) Federal agencies should inquire whether any agency listed by the 
applicant or recipient pursuant to paragraph (d)(2) of this section has 
found the applicant or recipient to be in noncompliance with any 
relevant civil rights requirement.
    (f) Where a federal agency determines that any of the requirements 
of this section are inapplicable or inappropriate in regard to any 
program, the basis for this conclusion shall be set forth in writing and 
made available to the public upon request.