[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: 28CFR42.302]

[Page 811-812]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents
 
        Subpart E_Equal Employment Opportunity Program Guidelines
 
Sec.  42.302  Application.

    (a) Recipient means any State or local unit of government or agency 
thereof, and any private entity, institution, or organization, to which 
Federal financial assistance is extended directly, or through such 
government or agency, but such term does not include any ultimate 
beneficiary of such assistance.
    (b) The obligation of a recipient to formulate, implement, and 
maintain an equal employment opportunity program, in accordance with 
this subpart, extends to State and local police agencies, correctional 
agencies, criminal court systems, probation and parole agencies, and 
similar agencies responsible for the reduction and control of crime and 
delinquency.
    (c) Assignments of compliance responsibility for title VI of the 
Civil Rights Act of 1964 have been made by the Department of Justice to 
the Department of Health and Human Services, covering educational 
institutions and general hospital or medical facilities. Similarly, the 
Department of Labor, in pursuance of its authority under Executive 
Orders 11246 and 11375, has assigned responsibility for monitoring equal 
employment opportunity under government contracts with medical and 
educational institutions, and non-profit organizations, to the 
Department of Health and Human Services. Accordingly, monitoring 
responsibility in compliance matters in agencies of the kind mentioned 
in this paragraph rests with the Department of Health and Human 
Services, and agencies of this kind are exempt from the provisions of 
this subpart, and are not responsible for the development of equal 
employment opportunity programs in accordance herewith.
    (d) Each recipient of LEAA assistance within the criminal justice 
system which has 50 or more employees and which has received grants or 
subgrants of $25,000 or more pursuant to and since the enactment of the 
Safe Streets Act of 1968, as amended, and which has a service population 
with a minority representation of 3 percent or more, is required to 
formulate, implement and maintain an equal employment opportunity 
program relating to employment practices affecting minority persons and 
women within 120 days after either the promulgation of these amended 
guidelines, or the initial application for assistance is approved, 
whichever is sooner. Where a recipient

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has 50 or more employees, and has received grants or subgrants of 
$25,000 or more, and has a service population with a minority 
representation of less than 3 percent, such recipient is required to 
formulate, implement, and maintain an equal employment opportunity 
program relating to employment practices affecting women. For a 
definition of ``employment practices'' within the meaning of this 
paragraph, see Sec.  42.202(c).
    (e) Minority persons shall include persons who are Black, not of 
Hispanic origin; Asian or Pacific Islanders; American Indians or Alaskan 
Native; or Hispanics. These categories are defined at 28 CFR 42.402(e).
    (f) Fiscal year means the 12 calendar months beginning October 1, 
and ending September 30, of the following calendar year. A fiscal year 
is designated by the calendar year in which it ends.

[43 FR 28802, June 30, 1978, as amended by Order No. 960-81, 46 FR 
52357, Oct. 27, 1981]