---
kind: "section"
citation: "42 C.F.R. § 401.102"
title: "42"
number: "401.102"
heading: "Definitions."
url: "https://uscodex.org/cfr/42/401.102"
---

# §401.102. Definitions.


For purposes of this subpart:

Act means the Social Security Act.

Freedom of Information Act rules means the substantive mandatory disclosure provisions of the Freedom of Information Act, [5 U.S.C. 552](/usc/5/552.md) (including the exemptions from mandatory disclosure, [5 U.S.C. 552(b)](/usc/5/552.md?p=b), as implemented by the Department's public information regulation, [45 CFR part 5](/cfr/45/part5.md), [subpart F](/cfr/42/subpartF.md) and by [§§ 401.106 to 401.152](/cfr/42/401.106..401.152.md) of this subpart.

Person means a person as defined in the Administrative Procedure Act, [5 U.S.C. 551(2)](/usc/5/551.md?p=2). This includes State or local agencies, but does not include Federal agencies or State or Federal courts.

Record has the same meaning as that provided in [45 CFR 5.5](/cfr/45/5.5.md).

Subject individual means an individual whose record is maintained by the Department in a system of records, as the terms “individual,” “record”, and “system of records” are defined in the Privacy Act of 1974, [5 U.S.C. 552a(a)](/usc/5/552a.md?p=a).


## Notes

### Source

Source: 46 FR 55696, Nov. 12, 1981, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395hh, 1395w-5, and 1395kk-2.