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Edward Byrne Memorial Justice Assistance Grant (JAG ) Program Florida Department of Law Enforcement 33. Equal Employment Opportunity (EEO) a. No person , on the grounds of race, creed , color or national origin shall be excluded from participation in , be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964 ; Section 504 of the Rehabilitation Act of 1973 , as amended ; Title IX of the Education Amendments of 1972 ; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42 , Subparts C , D , E, F , G and H . b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program . Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated , implemented and maintained such a current written EEO Program , they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979 , Pub . L . 96- 157 , 42 U .S.C. 3701 , et seq . (Reference Section 803 (a) of the Act, 42 U . S.C . 3783 (a) and 28 CFR Section 42.207 Compliance Information) . c. Any subgrant recipient or implementing agency receiving a single grant award for $500 ,000 or more OR an aggregate of grant awards for $1 ,000 ,000 or more during any 18 month period in federal funds , must have approval of its EEO Plan by the U .S . DOJ , Office for Civil Rights (OCR ) . The subgrantee shall submit its EEO Plan to MILE, for submittal to the U .S. DOJ , OCR for approval. The submission shall be in both paper copy and electronic format. If the U .S . DOJ , OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead , the subgrantee need only send a copy of its approval letter from the OCR . However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted . d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race , color, religion , national origin , sex , or disability against a recipient of funds , the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs . 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA) , Public Law 101 -336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1) , state and local government services and transportation (Title 11) , public accommodations (Title III) , and telecommunications (Title IV) . 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) , Section 274A(e) of the Immigration and Nationality Act ("INA") . The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SFY2008 Page 10 Rule Reference 11 D-9. 006 OCJG-005 (rev. October 2005)