[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

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

[CITE: 41CFR101-6.216]



[Page 44-45]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-6_MISCELLANEOUS REGULATIONS--Table of Contents

 

    Subpart 101-6.2_Nondiscrimination in Programs Receiving Federal 

                          Financial Assistance

 

Sec. 101-6.216  Definitions.



    As used in this subpart:

    (a) The term General Services Administration or GSA includes each of 

its operating services and other organizational units.

    (b) The term Administrator means the Administrator of General 

Services.

    (c) The term responsible GSA official with respect to any program 

receiving Federal financial assistance means the Administrator or other 

official of GSA who by law or by delegation has the principal 

responsibility within GSA for the administration of the law extending 

such assistance.

    (d) The term United States means the States of the United States, 

the District of Columbia, Puerto Rico, the Virgin Islands, American 

Samoa, Guam, Wake Island, the Canal Zone, and the territories and 

possessions of the United States, and the terms State means any one of 

the foregoing.

    (e) The term Federal financial assistance includes (1) grants and 

loans of Federal funds, (2) the grant or donation of Federal property 

and interests in property, (3) the detail of Federal personnel, (4) the 

sale and lease of, and the permission to use (on other than a casual or 

transient basis), Federal property or any interest in such property 

without consideration or at a nominal consideration, or at a 

consideration which is reduced for the purposes of assisting the 

recipient, or in recognition of the public interest to be served by such 

sale or lease to the recipient, and (5) any Federal agreement, 

arrangement, or other contract which has as one of its purposes the 

provision of assistance.

    (f) The terms program or activity and program mean all of the 

operations of any entity described in paragraphs (f)(1) through (4) of 

this section, any part of which is extended Federal financial 

assistance:



[[Page 45]]



    (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 (f)(1), (2), or (3) of this section.

    (g) The term facility includes all or any portion of structures, 

equipment, or other real or personal property or interests therein, and 

the provision of facilities includes the construction, expansion, 

renovation, remodeling, alteration or acquisition of facilities.

    (h) The term recipient means any State, political subdivision of any 

State, or instrumentality of any State or political subdivision, any 

public or private agency, institution, or organization, or any other 

entity, or any individual, in any State, to whom Federal financial 

assistance is extended, directly or through another recipient, including 

any successor, assign, or transferee thereof, but such term does not 

include any ultimate beneficiary.

    (i) The term primary recipient means any recipient which is 

authorized or required to extend Federal financial assistance to another 

recipient.

    (j) The term applicant means one who submits an application, 

request, or plan required to be approved by a responsible GSA official, 

or by a primary recipient, as a condition to eligibility for Federal 

financial assistance, and the term application means such an 

application, request, or plan.



[29 FR 16287, Dec. 4, 1964, as amended at 68 FR 51373, Aug. 26, 2003; 68 

FR 56560, Oct. 1, 2003]