13 C.F.R. § 113.2

Current through September 30, 2024

Section 113.2 - Definitions

As used in this part:

(a) 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 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.

(b) The terms applicant and recipient mean, respectively, one who applies for and one who receives any of the financial assistance under any of the statutes referred to in paragraph (a) of this section. The term recipient also shall be deemed to include subrecipients of SBA financial assistance, i.e., concerns which secondarily receive financial assistance from the primary recipients of such financial assistance. For the purposes of this part, a paragraph (b) lender (13 CFR 120.4(b) ) shall be deemed a recipient of financial assistance.

(c) The term religion includes all aspects of religious observance and practice, as well as belief.

(d) The term qualified handicapped person means

(1) with respect to employment, a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question and

(2) with respect to services, a handicapped person who meets the essential eligibility requirements for the receipt of such services.

(e) The term handicapped person, as defined by the guideline set forth by the Department of Health, Education, and Welfare in § 85.31 of title 45 of the CFR (43 FR 2137, dated January 13, 1978), means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

(f) As used in paragraph (e) of this section, the phrase:

(1)Physical or mental impairment means

(i) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or

(ii) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.

(2)Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(3)Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(4)Is regarded as having an impairment means

(i) has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constituting such a limitation;

(ii) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or

(iii) has none of the impairments defined in paragraph (f)(1) of this section but is treated by a recipient as having such an impairment.

(g) The term reasonable accommodation as used in these Regulations may include:

(1) making facilities used by employees readily accessible to and usable by handicapped persons; and

(2) job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions.

(h) The term facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property.

13 C.F.R. §113.2

44 FR 20068, Apr. 4, 1979, as amended at 48 FR 14891, Apr. 6, 1983