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Disability Nondiscrimination Law Advisor

Federal Financial Assistance

Federal agency regulations use similar, if not identical, language to define Federal financial assistance. Note that Federal financial assistance is more than an award or grant of money. It includes various nonmonetary forms of assistance, such as the provision of personnel at the grantmaking agency's expense or the grant or donation of property, among other things. Here is one example of a regulatory definition of the term:

  1. Any grant, subgrant, loan, or advance of Federal funds, including funds extended to any entity for payment to or on behalf of participants admitted to that entity for training, or extended directly to such participants for payment to that entity;
  2. Provision of the services of Federal personnel, or of other personnel at Federal expense;
  3. A grant or donation of Federal real or personal property or any interest in or use of such property, including:
    1. Transfers or leases of property for less than fair market value or for reduced consideration;
    2. Proceeds from a subsequent sale, transfer, or lease of such property, if the Federal share of the fair market value of the property is not returned to the Federal government; and
    3. The sale, lease, or license of, and/or the permission to use (other than on a casual or transient basis), such property or any interest in such property, either:
      1. Without consideration,
      2. At a nominal consideration, or
      3. At a consideration that is reduced or waived either for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to or use by the recipient;
  4. Waiver of charges that would normally be made for the furnishing of Government services; and
  5. Any other agreement, arrangement, contract or subcontract (other than a Federal procurement contract or a contract of insurance or guaranty), or other instrument that has as one of its purposes the provision of assistance or benefits.

See exact regulatory text for the following applicable regulations:

  • Section 188 of the Workforce Investment Act of 1998 - 29 CFR 37.4.
  • Section 504 of the Rehabilitation Act of 1973, as amended - 29 CFR 32.3 of the Department of Labor's (the Labor Department) regulations. The Labor Department's Section 504 regulations are for recipients of Labor Department financial assistance. If your business or organization receives financial assistance from another Federal agency, be sure to consult that agency's 504 regulations.