2638.404—Report of noncompliance.
If the agency fails to comply with an order issued under § 2638.402(d), the Director shall:
(a)
Notify the head of the agency of intent to furnish a report of noncompliance to the President and the Congress;
(b)
Provide the agency 14 calendar days within which to furnish written comments for submission with the report of noncompliance; and