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A TRUE COPY <br /> RAGE <br /> The subgrant recipient agrees that any information technology system funded or supported by the <br /> Office of Justice Programs funds will comply with 28 C . F . R . Part 23 , Criminal Intelligence <br /> Systems Operating Policies , if the Office of Justice Programs determines this regulation to be <br /> applicable. Should the Office of Justice Programs determine 28 C. F . R . Part 23 to be applicable , <br /> the Office of Justice Programs may, at its discretion , perform audits of the system , as per 28 <br /> C . F. R . 23 . 20(g) . Should any violation of 28 C . F . R . Part 23 occur, the subgrant recipient may be <br /> fined as per 42 U . S . C . 3789g(c) -(d) . The subgrant recipient may not satisfy such a fine with <br /> federal funds . <br /> 32. Confidential Funds <br /> A signed certification that the project director or the head of the Implementing Agency has read , <br /> understands , and agrees to abide by all of the conditions for confidential funds as set forth in the <br /> effective edition of the Office of Justice Programs Financial Guide is required from all projects that <br /> are involved with confidential funds . The signed certification must be submitted at the time of <br /> grant application . <br /> 33. Equal Employment Opportunity (EEO) <br /> a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of <br /> race , color , national origin , religion , sex , disability, or age in funded programs or activities . All <br /> subgrant recipients and implementing agencies must comply with any applicable statutorily- <br /> imposed nondiscrimination requirements , which may include the Omnibus Crime Control and <br /> Safe Streets Act of 1968 (42 U . S . C . § 3789d) ; the Victims of Crime Act (42 U . S . C . § <br /> 10604(e)) ; The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U . S . C . § <br /> 5672( b) ) ; the Civil Rights Act of 1964 (42 U . S . C . § 2000d) ; the Rehabilitation Act of 1973 (29 <br /> U . S . C . § 7 94) ; the Americans with Disabilities Act of 1990 (42 U . S . C . § 12131 -34) ; the <br /> Education Amendments of 1972 (20 U . S . C . § § 1681 , 1683 , 1685-86) ; the Age Discrimination <br /> Act of 1975 (42 U . S . C . § § 6101 -07) ; and Department of Justice Non - Discrimination <br /> Regulations 28 CFR Part 42 ; see Ex . Order 13279 (equal protection of the laws for faith - <br /> based and community organizations) . <br /> b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more <br /> employees and it has received any single award of $25 , 000 or more from the Department of <br /> Justice . The plan must be prepared using the on - line short form at <br /> htip ://www . oip . usdoj . gov/about/ocr/eeop comply . htm , must be retained by the subgrant <br /> recipient or implementing agency, and must be available for review or audit . The <br /> organization must also submit an EEO Certification to FDLE. <br /> c . If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has <br /> received any single award of $500, 000 or more from the Department of Justice , it must <br /> submit its plan to the Department of Justice for approval . A copy of the Department of <br /> Justice approval letter must be submitted to FDLE . The approval letter expires two years <br /> from the date of the letter . <br /> d . A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is <br /> has fewer than 50 employees or if it does not receive any single award of $25 , 000 or more <br /> from the Department of Justice or if it is a nonprofit organization , a medical or educational <br /> institution , or an Indian Tribe . If an organization is exempt from the EEO Plan requirement, it <br /> must submit an EEO Certification to FDLE . <br /> e . The subgrant recipient and implementing agency acknowledge that failure to comply with <br /> EEO Requirements within 60 days of the project start date may result in suspension or <br /> termination of funding , until such time as it is in compliance . <br /> SFY 2012 Page 10 <br />