21.105—Definitions.
For purposes of this part:
(a)
Agency, as defined in 5
U.S.C. 552(f), includes Federal executive
departments and agencies as well as independent
regulatory commissions and Government
corporations, as defined in 31 U.S.C. 9101(1).
(5)
The extension, continuation, renewal,
amendment, or modification of any Federal
contract, grant, loan, or cooperative
agreement.
Covered Federal action does not include
receiving from an agency a commitment providing
for the United States to insure or guarantee a
loan. Loan guarantees and loan insurance are
addressed independently within this part.
(c)
Federal contract means an
acquisition contract awarded by an agency,
including those subject to the Federal Acquisition
Regulation (FAR), and any other acquisition
contract for real or personal property or services
not subject to the FAR.
(e)
Federal grant means an award
of financial assistance in the form of money, or
property in lieu of money, by the Federal
Government or a direct appropriation made by law
to any person. The term does not include technical
assistance which provides services instead of
money, or other assistance in the form of revenue
sharing, loans, loan guarantees, loan insurance,
interest subsidies, insurance, or direct United
States cash assistance to an individual.
(f)
Federal loan means a loan
made by an agency. The term does not include loan
guarantee or loan insurance.
(g)
Indian tribe and tribal organization have the meaning provided
in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450B ). Alaskan
Natives are included under the definitions of
Indian tribes in that Act.
(h)
Influencing or attempting to
influence means making, with the intent to
influence, any communication to or appearance
before an officer or employee or any agency, a
Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress
in connection with any covered Federal action.
(i)
Loan guarantee and loan insurance means an agency's guarantee or
insurance of a loan made by a person.
(j)
Local government means a unit
of government in a State and, if chartered,
established, or otherwise recognized by a State
for the performance of a governmental duty,
including a local public authority, a special
district, an intrastate district, a council of
governments, a sponsor group representative
organization, and any other instrumentality of a
local government.
(k)
Officer or employee of an
agency includes the following individuals who
are employed by an agency:
(1)
An individual who is appointed to a
position in the Government under title 5, U.S.
Code, including a position under a temporary
appointment;
(4)
An individual who is a member of a Federal
advisory committee, as defined by the Federal
Advisory Committee Act, title 5, U.S. Code
appendix 2.
(l)
Person means an individual,
corporation, company, association, authority,
firm, partnership, society, State, and local
government, regardless of whether such entity is
operated for profit or not for profit. This term
excludes an Indian tribe, tribal
organization, or any other Indian organization
with respect to expenditures specifically
permitted by other Federal law.
(m)
Reasonable compensation
means, with respect to a regularly employed
officer or employee of any person, compensation
that is consistent with the normal compensation
for such officer or employee for work that is not
furnished to, not funded by, or not furnished in
cooperation with the Federal Government.
(n)
Reasonable payment means,
with respect to perfessional and other technical
services, a payment in an amount that is
consistent with the amount normally paid for such
services in the private sector.
(o)
Recipient includes all
contractors, subcontractors at any tier, and
subgrantees at any tier of the recipient of funds
received in connection with a Federal contract,
grant, loan, or cooperative agreement. The term
excludes an Indian tribe, tribal organization, or
any other Indian organization with respect to
expenditures specifically permitted by other
Federal law.
(p)
Regularly employed means,
with respect to an officer or employee of a person
requesting or receiving a Federal contract, grant,
loan, or cooperative agreement or a commitment
providing for the United States to insure or
guarantee a loan, an officer or employee who is
employed by such person for at least 130 working
days within one year immediately preceding the
date of the submission that initiates agency
consideration of such person for receipt of such
contract, grant, loan, cooperative agreement, loan
insurance commitment, or loan guarantee
commitment. An officer or employee who is employed
by such person for less than 130 working days
within one year immediately preceding the date of
the submission that initiates agency consideration
of such person shall be considered to be regularly
employed as soon as he or she is employed by such
person for 130 working days.
(q)
State means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, a territory or
possession of the United States, an agency or
instrumentality of a State, and a multi-State,
regional, or interstate entity having governmental
duties and powers.