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