[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: 28CFR42.402]

[Page 815]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 42_NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND 
PROCEDURES--Table of Contents
 
Subpart F_Coordination of Enforcement of Non-discrimination in Federally 
                            Assisted Programs
 
Sec.  42.402  Definitions.

    For purpose of this subpart:
    (a) Title VI refers to title VI of the Civil Rights Act of 1964, 42 
U.S.C. 2000d to 2000d-4. Where appropriate, this term also refers to the 
civil rights provisions of other federal statutes to the extent that 
they prohibit discrimination on the ground of race, color or national 
origin in programs receiving federal financial assistance of the type 
subject to title VI itself.
    (b) Agency or federal agency refers to any federal department or 
agency which extends federal financial assistance of the type subject to 
title VI.
    (c) Program refers to programs and activities receiving federal 
financial assistance of the type subject to title VI.
    (d) Assistant Attorney General refers to the Assistant Attorney 
General, Civil Rights Division, United States Department of Justice.
    (e) Where designation of persons by race, color or national origin 
is required, the following designations shall be used:
    (1) Black, not of Hispanic Origin. A person having origins in any of 
the black racial groups of Africa.
    (2) Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or 
South American or other Spanish Culture or origin, regardless of race.
    (3) Asian or Pacific Islander. A person having origins in any of the 
original peoples of the Far East, Southeast Asia, the Indian 
Subcontinent, or the Pacific Islands. This area includes, for example, 
China, Japan, Korea, the Philippine Islands, and Samoa.
    (4) American Indian or Alaskan Native. A person having origins in 
any of the original peoples of North America, and who maintain cultural 
identification through tribal affiliation or community recognition.
    (5) White, not of Hispanic Origin. A person having origins in any of 
the original people of Europe, North Africa, or the Middle East. 
Additional sub-categories based on national origin or primary language 
spoken may be used where appropriate, on either a national or a regional 
basis. Paragraphs (e)(1) through (e)(5) of this section, inclusive, set 
forth in this section are in conformity with the OMB Ad Hoc Committee on 
Race/Ethnic Categories' recommendations. To the extent that said 
designations are modified by the OMB Ad Hoc Committee, paragraphs (e)(1) 
through (e)(5) of this section, inclusive, set forth in this section 
shall be interpreted to conform with those modifications.
    (f) Covered employment means employment practices covered by title 
VI. Such practices are those which:
    (1) Exist in a program where a primary objective of the federal 
financial assistance is to provide employment, or
    (2) Cause discrimination on the basis of race, color or national 
origin with respect to beneficiaries or potential beneficiaries of the 
assisted program.

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