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e-CFR data is current as of September 21, 2020

Title 28Chapter IPart 42Subpart D → §42.202


Title 28: Judicial Administration
PART 42—NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES
Subpart D—Nondiscrimination in Federally Assisted Programs—Implementation of Section 815(c)(1) of the Justice System Improvement Act of 1979


§42.202   Definitions.

(a) JSIA means the Justice System Improvement Act of 1979, Public Law 96-157, 42 U.S.C. 3701, et seq.

(b) Juvenile Justice Act means title I and II of the Juvenile Justice and Delinquency Prevention Act of 1974, Public Law 93-415, as amended by Public Law 94-503 and Public Law 95-115.

(c) OJARS or Office means the Office of Justice Assistance, Research, and Statistics.

(d) LEAA means the Law Enforcement Assistance Administration.

(e) NIJ means the National Institute of Justice.

(f) BJS means the Bureau of Justice Statistics.

(g) Employment practices means all terms and conditions of employment including but not limited to, all practices relating to the screening, recruitment, referral, selection, training, appointment, promotion, demotion, and assignment of personnel, and includes advertising, hiring, assignments, classification, discipline, layoff and termination, upgrading, transfer, leave practices, rate of pay, fringe benefits, or other forms of pay or credit for services rendered and use of facilities.

(h) Investigation includes fact-finding efforts and, pursuant to §42.205(c)(3), attempts to secure the voluntary resolution of complaints.

(i) Compliance review means a review of a recipient's selected employment practices or delivery of services for compliance with the provisions of section 815(c)(1) of the Justice System Improvement Act, or this subpart.

(j) Noncompliance means the failure of a recipient to comply with section 815(c)(1) of the Justice System Improvement Act, or this subpart.

(k) Program or activity means the operation of the agency or organizational unit of government receiving or substantially benefiting from financial assistance awarded, e.g., a police department or department of corrections.

(l) Pattern or practice means any procedure, custom, or act affecting or potentially affecting, more than a single individual in a single or isolated instance.

(m) Religion includes all aspects of religious observance and practice as well as belief.

(n) 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.

(o) State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands;

(p) Unit of local government means any city, county, township, town, borough, parish, village or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior, or, for the purpose of assistance eligiblity, any agency of the District of Columbia government or the U.S. Government performing law enforcement functions in and for the District of Columbia;

(q) Combination as applied to States or units of local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a criminal justice program or project;

(r) Criminal justice council or CJC means the agency designated by a State to perform the functions listed in section 402(b)(1) of the Justice System Improvement Act.

(s) All masculine terms such as he, his, and him should be construed to mean their respective feminine counterparts, she, hers, and her, where appropriate.

[45 FR 28705, Apr. 30, 1980; 45 FR 54037, Aug. 14, 1980]

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