[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR83.4]



[Page 339-340]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 83_REGULATION FOR THE ADMINISTRATION AND ENFORCEMENT OF SECTIONS 799A 

AND 845 OF THE PUBLIC HEALTH SERVICE ACT--Table of Contents

 

                Subpart A_Purposes; Definitions; Coverage

 

Sec.  83.4  Coverage.



    (a) If an entity receives Federal support for any of its training 

programs, all of its training programs thereby become subject to this 

part.

    (b) The obligation imposed by this part on a federally supported 

entity not to discriminate on the basis of sex in the admission of 

individuals to a training program includes not only the obligation not 

to discriminate on such basis in the selection of individuals for such 

program, but also the obligation not to discriminate on such basis 

against individuals after their selection for such program.

    (c) The obligation imposed by this part on a federally supported 

entity not to discriminate on the basis of sex against an individual who 

is an applicant for, or is enrolled in, a training program is applicable 

to the same extent to the actions of such entity with respect to an 

applicant for, or a student enrolled in, an undergraduate program of 

education of such entity if individuals enrolled in such program must 

complete all or a part of such



[[Page 340]]



programs to be eligible for admission to an undergraduate training 

program of such entity.

    (d) An entity shall not discriminate on the basis of sex in 

violation of this part for as long as such entity receives or benefits 

from Federal support. For purposes of the preceding sentence, an entity 

shall be deemed to continue to receive or benefit from Federal support 

for as long as it retains ownership, possession, or use of either real 

or personal property and which was acquired in whole or in part with 

Federal support. If an entity receives value for property which was 

acquired in whole or in part with Federal support and such value is 

applied toward the acquisition of other property, such entity shall be 

deemed to continue to receive or benefit from such support for as long 

as such entity retains ownership, use, or possession of such other 

property.

    (e) An entity shall not transfer property which was acquired, 

constructed, altered, repaired, expanded, or renovated in whole or in 

part with Federal support unless the agency, organization, or individual 

to whom such property is to be transferred has submitted to the 

Director, and he or she has found satisfactory, an assurance of 

compliance with this part. The preceding sentence shall not apply with 

respect to any real or personal property for which payments have been 

recaptured by the United States under title VII or VIII of the Act, with 

respect to any other property for which the transferring entity has 

refunded to the Federal Government the Federal share of the fair market 

value of such property, or with respect to any personal property which 

has only scrap value to both the entity and the agency, organization or 

individual to which the property is to be transferred.