[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR7.913]



[Page 73-75]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 7_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

--Table of Contents

 

     Subpart E_Nondiscrimination on the Basis of Age in Programs or 

       Activities Receiving Federal Financial Assistance From FEMA

 

Sec. 7.913  Definition of terms used in this regulation.



    As used in this regulation, the term Act means the Age 

Discrimination Act of 1975 as amended (title III of Pub. L. 94-135).

    Action means any act, activity, policy, rule, standard, or method of 

administration; or the use of any policy, rule, standard or method of 

administration.

    Age means how old a person is, or the number of years from the date 

of a person's birth.



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    Age distinction means any action using age or an age-related term.

    Age-related term means a word or words which necessarily imply a 

particular age or range of ages (for example, children, older persons, 

but not student).

    Agency means the Federal Emergency Management Agency.

    Director means the Director of the Federal Emergency Management 

Agency.

    Federal financial assistance means any grant, entitlement, loan, 

cooperative agreement, contract (other than a procurement contract or a 

contract of insurance or guaranty), or any other arrangement by which 

the agency provides or otherwise makes available assistance in the form 

of:

    (a) Funds; or

    (b) Services or Federal personnel; or

    (c) Real and personal property or any interest in or use of 

property, including:

    (1) Transfers or leases of property for less than fair market value 

or for reduced consideration; and

    (2) Proceeds from a subsequent transfer or lease of property if the 

Federal share of its fair market value is not returned to the Federal 

Government.

    Normal operation means the operation of a program or activity 

without significant changes that would impair its ability to meet its 

objective.

    Program or activity means all of the operations of any entity 

described in paragraphs (1) through (4) of this definition, any part of 

which is extended Federal financial assistance:

    (1)(i) A department, agency, special purpose district, or other 

instrumentality of a State or of a local government; or

    (ii) The entity of such State or local government that distributes 

such assistance and each such department or agency (and each other State 

or local government entity) to which the assistance is extended, in the 

case of assistance to a State or local government;

    (2)(i) A college, university, or other postsecondary institution, or 

a public system of higher education; or

    (ii) A local educational agency (as defined in 20 U.S.C. 7801), 

system of vocational education, or other school system;

    (3)(i) An entire corporation, partnership, or other private 

organization, or an entire sole proprietorship--

    (A) If assistance is extended to such corporation, partnership, 

private organization, or sole proprietorship as a whole; or

    (B) Which is principally engaged in the business of providing 

education, health care, housing, social services, or parks and 

recreation; or

    (ii) The entire plant or other comparable, geographically separate 

facility to which Federal financial assistance is extended, in the case 

of any other corporation, partnership, private organization, or sole 

proprietorship; or

    (4) Any other entity which is established by two or more of the 

entities described in paragraph (1), (2), or (3) of this definition.

    Recipient means any State or its political subdivision, any 

instrumentality of a State or its political subdivision, institution, 

organization, or other entity, or any person to which Federal financial 

assistance is extended, directly or through another recipient. Recipient 

includes any successor, assignee, or transferee, but excludes the 

ultimate beneficiary of the assistance.

    Statutory objective means any purpose of a program or activity 

expressly stated in any Federal statute, State statute or local statute 

or ordinance adopted by an elected, general purpose legislative body.

    Subrecipient means any of the entities in the definition of 

``recipient'' to which a recipient extends or passes on Federal 

financial assistance. A subrecipient is generally regarded as a 

recipient of Federal financial assistance and has all the duties of a 

recipient in these regulations.

    United States includes the States of the United States, the District 

of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 

American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 

Wake Island, the Canal Zone, the Trust Territory of the Pacific Islands 

and all other territories and possessions of the



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United States. The term ``State'' also includes any one of the 

foregoing.



[55 FR 23078, June 6, 1990, as amended at 68 FR 51380, Aug. 26, 2003]



              Standards for Determining Age Discrimination