[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: 45CFR91.4]



[Page 433-434]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 91_NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 

RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM HHS--Table of Contents

 

                            Subpart A_General

 

Sec.  91.4  Definition of terms used in these regulations.



    As used in these regulations, 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.

    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, adult, older 

persons, but not student).

    Agency means a Federal department or agency that is empowered to 

extend financial assistance.

    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 of 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.

    HHS means the United States Department of Health and Human Services.

    Program or activity means all of the operations of--



[[Page 434]]



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

instrumentality of a State or of a local government; or

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

Federal financial 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;

    (b)(1) A college, university, or other postsecondary institution, or 

a public system of higher education; or

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

system of vocational education, or other school system;

    (c)(1) An entire corporation, partnership, or other private 

organization, or an entire sole proprietorship--

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

private organization, or sole proprietorship as a whole; or

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

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

recreation; or

    (2) 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

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

entities described in paragraph (a), (b), or (c) of this definition; any 

part of which is extended Federal financial assistance.

    Recipient means any State or its political subdivision, any 

instrumentality of a State or its political subdivision, any public or 

private agency, 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.

    Secretary means the Secretary of Health and Human Services, or his 

or her designee.

    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 means the fifty States, the District of Columbia, 

Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the 

Canal Zone, the Trust Territory of the Pacific Islands, the Northern 

Marianas, and the territories and possessions of the United States.



(Authority: 42 U.S.C. 6107)



[47 FR 57858, Dec. 28, 1982, as amended at 70 FR 24322, May 9, 2005]