As used in this regulation, the term:
(a) Executive Order means Executive Order 12250, titled “Leadership and Coordination of Nondiscrimination Laws,” issued November 2, 1980.
(b) Section 504 means section 504 of the Rehabilitation Act of 1973, Public Law 93-112, as amended by the Rehabilitation Act Amendments of 1974, Public Law 93-516, 29 U.S.C. 794.
(c) Agency means a Federal department or agency that is empowered to extend financial assistance.
(d) 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, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance.
(e) Federal financial assistance means any grant, loan, 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:
(1) Funds;
(2) Services of Federal personnel; or
(3) Real and personal property or any interest in or use of such property, including:
(i) Transfers or leases of such property for less than fair market value or for reduced consideration; and
(ii) Proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market value is not returned to the Federal Government.
(f) Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in such property.
[43 FR 2132, Jan. 13, 1978. Redesignated and amended at 46 FR 40686, 40687, Aug. 11, 1981]
Notes of Decisions
Susan Mary Kamen v. Am. Tel. & Tel. Co., Patricia McDonald & Carol Buckham, 791 F.2d 1006 (2d Cir. 1986).
· cites it 4× “Here we assume that in preparing the complaint counsel did have to rely on his client at least to a certain extent, since whether ATCOM was receiving federal financial assistance as that term is defined in 28 C.F.R. § 41.3 (e) (1985) could hardly be known to an outsider, and…”
Henrietta D. v. Bloomberg, 331 F.3d 261 (2d Cir. 2003).
“” 28 C.F.R. § 41.3 (d) (2002). In explaining its parallel ADA regulation, the Department noted: “All governmental activities of public entities are covered, even if they are carried out by contractors.”
United States Dep't of Transp. v. Paralyzed Vets. of Am., 477 U.S. 597 (1986).
· cites it 2× “" 28 CFR § 41.3 (e)(2) (1985). Since the first regulations under Title VI, the interpretation of federal financial assistance has been that the detail, or loan, of federal personnel can constitute federal assistance.”
Frame v. City of Arlington, 657 F.3d 215 (5th Cir. 2011).
· cites it 2× “[90] See 28 C.F.R. § 41.3 (f) (defining "facility" to include "road, walks, [and] parking lots").”
White v. Bank of Am., N.A., 200 F. Supp. 3d 237 (D.D.C. 2016).
“3 (e) (“Federal financial assistance means any grant, loan, 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”) (emphasis added). In so finding, the…”
Iwata v. Intel Corp., 349 F. Supp. 2d 135 (D. Mass. 2004).
“28 C.F.R. § 41.3 (e). Neither party has challenged the regulation’s validity.”
Jahinnslerth Orozco v. Merrick Garland, 60 F.4th 684 (D.C. Cir. 2023).
“§ 794d(a); see also 28 C.F.R. § 41.3 (e) (Department of Justice definition of “Federal financial assistance” excluding “procurement contract[s]”).”
O'KEEFE v. Niagara Mohawk Power Corp., 714 F. Supp. 622 (N.D.N.Y. 1989).
“28 C.F.R. § 41.3 (e) (1988). Defendants assert that the undisputed material facts show that plaintiff was not employed in any program or activity receiving federal financial assistance, and thus summary judgment should be granted with respect to plaintiff’s § 504 cause of action.”
Gallagher v. Croghan Colonial Bank, 89 F.3d 275 (6th Cir. 1996).
· cites it 2× “28 C.F.R. § 41.3 (e) (1995). Plaintiff maintains that Croghan is a recipient of federal aid for the purposes of the Rehabilitation Act because it makes student loans which are subsidized and guaranteed with federal funds.”
— 28 C.F.R. § 41.3(e) — 2 cases
Peter N. Tolliver, Leon A. Wiater, Helen A. Fordham, Donald Schaefer, Walter L. Pidek, James Carroll, Lawrence L. Travis, William Brant, James Dammen, Charles Dolcimascolo, John L. Bennett, Joseph G. Golossi, Harold Siebert, Alfred E. Rizzari, Alfonse Oliveri, Paul J. Mittak, & Richard B. Van Maaren v. Xerox Corp., a New York Corp., Paul F. Braun v. Xerox Corp., 918 F.2d 1052 (2d Cir. 1990).
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