Encl. (1) to COMDTINST 5350.20A
space on, over, or under any such property are included as part of the program receiving
that assistance, the nondiscrimination requirement of this part shall extend to any facility
located wholly or in part in that space.
Sec. 21.4 Definitions.
Unless the context requires otherwise, as used in this part:
(a) Applicant means a person who submits an application, request, or plan required to
be approved by the Secretary, or designee thereof, or by a primary recipient, as a
condition to eligibility for Federal financial assistance, and application means such an
application, request, or plan.
(b) Facility includes all or any part 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.
(c) 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 purpose 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.
(d) Primary recipient means any recipient that is authorized or required to extend
Federal financial assistance to another recipient.
(e) Program or activity and program mean all of the operations of any entity described
in paragraphs (e)(1) through (4) of this section, 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. 8801),
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 (e)(1), (2), or (3) of this section.
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