ceive Federal financial assistance. Any such request shall be supported by information showing that the applicant or recipient has met the requirements of paragraph (a) of this section. If the responsible GSA official determines that those requirements have been satisfied, he shall restore such eligibility.

(c) If the responsible GSA official denies any such request, the applicant or recipient may submit a request, in writing, for a hearing, specifying why it believes such official to have been in error. It shall thereupon be given an expeditious hearing, with a decision on the record, in accordance with rules of procedure issued by the responsible GSA official. The applicant or recipient will be restored to such eligibilty if it proves at such a hearing that it satisfied the requirements of paragraph (a) of this section. While proceedings under this section are pending, the sanctions imposed by the order issued under 101-6.213-6 shall remain in effect.

[38 FR 17975, July 5, 1973]

§ 101-6.214 Judicial review.

Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act.

§ 101-6.215 Effect on other regulations; forms and instructions.

§ 101-6.215-1 Effect on other regulations.

All regulations, orders, or like directions heretofore issued by any officer of GSA which imposed requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national origin under any program to which this Subpart 101-6.2 applies, and which authorize the suspension or termination of or refusal to grant or to continue Federal financial assistance to any applicant for or recipient of such assistance under such program for failure to comply with such requirements, are hereby superseded to the extent that such discrimination is prohibited by this subpart, except that nothing in this subpart shall be deemed to relieve any person of any obligation assumed or imposed under any such superseded

regulation, order, instruction, or like direction prior to the effective date of this subpart. Nothing in this subpart, however, shall be deemed to supersede any of the following (including future amendments thereof):

(a) Executive Orders 10925, 11114 and 11246, and regulations issued thereunder.

(b) Any other orders, regulations, or instructions, insofar as such orders, regulations, or instructions prohibit discrimination on the ground of race, color, or national origin in any program or situation to which this subpart is inapplicable, or prohibit discrimination on any other ground.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]

§ 101-6.215-2 Forms and instructions.

Each responsible GSA official shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effec tuating this Subpart 101-6.2 as applied to programs to which this subpart applies and for which he is responsible.

§ 101-6.215-3 Supervision and coordina tion.

The Administrator may from time to time assign to officials of other departments or agencies of the Government, with the consent of such departments or agencies, responsibilities in connec tion with the effectuation of the pur poses of title VI of the Act and this subpart (other than responsibility for final decision as provided in § 1016.213), including the achievement of effective coordination and maximum uniformity within GSA and within the executive branch of the Government in the application of title VI and this subpart to similar programs and in similar situations. Any action taken. determination made, or requirement imposed by an official of another De partment or Agency acting pursuant to an assignment of responsibility under this section shall have the same effect as though such action had been taken by the responsible GSA official [38 FR 17975, July 5, 1973]

§ 101-6.216 Definitions.

As used in this subpart:

(a) The term "General Services Administration" or "GSA" includes each of its operating services and other organizational units.

(b) The term “Administrator" means the Administrator of General Services.

(c) The term “responsible GSA official" with respect to any program receiving Federal financial assistance means the Administrator or other official of GSA who by law or by delegation has the principal responsibility within GSA for the administration of the law extending such assistance.

(d) The term "United States" means the States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and the territories and possessions of the United States, and the terms "State" means any one of the foregoing.

(e) 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 purposes 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.

(f) The term “program” includes any program, project, or activity for the provision of services, financial aid, or other benefits to individuals (including education or training, health, welfare, rehabilitation, housing, or other services, whether provided through employees of the recipient of Federal financial assistance or provided by others through contracts or other arrangements with the recipient, and including work opportunities and cash or loan or other assistance to individuals), or for the provision of facilities

for furnishing services, financial aid or other benefits to individuals. The services, financial aid, or other benefits provided under a program receiving. Federal financial assistance shall be deemed to include any services, financial aid, or other benefits provided with the aid of Federal financial assistance or with the aid of any nonFederal funds, property, or other resources required to be expended or made available for the program to meet matching requirements or other conditions which must be met in order to receive the Federal financial assistance, and to include any services, financial aid, or other benefits provided in or through a facility provided with the aid of Federal financial assistance or such non-Federal resources.

(g) The term "facility" includes all or any portion 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.

(h) The term "recipient" means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, or organization, or any other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly or through another recipient, for any program, including any successor, assign, or transferee thereof, but such term does not include any ultimate beneficiary under any such program.

(1) The term "primary recipient" means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.

(j) The term "applicant" means one who submits an application, request, or plan required to be approved by a responsible GSA official, or by a primary recipient, as a condition to eligibility for Federal financial assistance, and the term "application" means such an application, request, or plan.

(2) Donation of surplus personal property for use in any State for purposes of education, public health, or civil defense, or for research for any such purposes (section 203(j) (3) and (4) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(j) (3) and (4)), and the making available to State agencies for surplus property, or the transfer of title to such agencies, of surplus personal property approved for donation for purposes of education, public health, or civil defense, or for research for any such purposes (section 203(n) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(n)).

(b) Disposal of surplus real and related personal property for purposes of education or public health, including research (section 203(k)(1) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(k)(1)).

(c) Donation of property for public airport purposes (section 13(g) of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(g); section 23 of the Airport and Airway Development Act of 1970, Pub. L. 91-258).

(d) (1) Disposal of surplus real property, including improvements, for use as a historic monument (section 13(h) of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(h)).

(2) Disposal of surplus real and related personal property for public park or public recreational purposes (section 203(k)(2) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(k)(2).

(e) Disposal of real property to States for wildlife conservation purposes (Act of May 19, 1948, 16 U.S.C. 667b-d).

(f) Donation of personal property to public bodies (section 202(h) of the

Federal Property and Administrative Services Act of 1949, 40 U.S.C. 483(h)).

(g) Grants of easements by the General Services Administration pursuant to the Act of October 23, 1962, (40 U.S.C. 319-319(c), and grants by the General Services Administration of revocable licenses or permits to use or occupy Federal real property, if the consideration to the Government for such easement, licenses, or permits is less than estimated fair market value.

(h) Conveyance of real property or interests therein by the General Services Administration to States or politi cal subdivisions for street widening purposes pursuant to the Act of July 7, 1960 (40 U.S.C. 345c), if the consid eration to the Government is less than estimated fair market value.

(i) Allotment of space by the General Services Administration in Federal buildings to Federal Credit Unions, without charge for rent or services (section 25 of the Federal Credit Union Act, 12 U.S.C. 1770).

(j) Donation of surplus property to the American National Red Cross (section 203(7) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(1)).

(k) Provision by the General Services Administration of free space and utilities for vending stands operated by blind persons (section 1 of the Randolph-Sheppard Act, 20 U.S.C. 107).

(1) Donation of forfeited distilled spirits, wine, and malt beverages to eleemosynary institutions (26 U.S.C. 5688).

(m) Donation of surplus Federal rec ords (Federal Records Disposal Act of 1943, 44 U.S.C. 366-380).

(n) Grants to State and local agencies and to nonprofit organizations and institutions for the collecting, describing, preserving and compiling, and publishing of documentary sources significant to the history of the United States (section 503 of the Federal Property and Administrative Services Act of 1949, as amended by Pub. L. 88-383).

(0) Loan of machine tools and industrial manufacturing equipment in the national industrial reserve to nonprof it educational institutions or training schools (section 7 of the National In

dustrial Reserve Act of 1948, 50 U.S.C. 456).

(p) District of Columbia grant-in-aid hospital program (60 Stat. 896, as amended).

(q) Disposal of surplus real property for use in the provision of rental or cooperative housing to be occupied by families or individuals of low or moderate income (section 414 of the Housing and Urban Development Act of 1969, Pub. L. 91-152).

(r) Payments in lieu of taxes on certain real property transferred from the Reconstruction Finance CorporaVtion (Title VII of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 521-524).

(s) Conveyance of certain lands and = property to the State of Hawaii without reimbursement (Pub. L. 88-233, 77 Stat. 472).

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]

AUTHORITY: 5 U.S.C. 4111, 5701-5709, 5721-5733, 5741-5742; 20 U.S.C. 905; Executive Order 11012, March, 27, 1962 (27 FR 2983); Executive Order 11609, July 22, 1971 (36 FR 13747).

SOURCE: 38 FR 10812, May 2, 1973, unless otherwise noted.

§ 101-7.000 Scope of part.

This part sets forth the regulations governing employee travel and relocation allowances. Included in this part are the regulations for per diem, travel, and transportation expenses of employees and their immediate families; household goods movement and residence transaction expenses; reductions in payments incident to training at non-Government facilities and attendance at meetings; travel and transportation expenses when an employee dies while in travel status; and the commuted rate schedule for expenses incident to movement of employee household goods.

§ 101-7.001 Authority.

These regulations are issued under the authority of paragraphs (1) through (13) and (19) of section 1 of Executive Order 11609, July 22, 1971 (36 FR 13747), and section 2 of Executive Order 11012, March 27, 1962 (27 FR 2983), which assign to the Administrator of General Services the responsibility for prescribing and promulgating regulations governing:

(a) Reductions in Government payments for travel and subsistence when employees receive contributions, awards, or payments as authorized under 5 U.S.C. 4111;

(b) Travel allowances authorized under 5 U.S.C. 5701-5709;

(c) Travel and transportation expenses and other allowances authorized under 5 U.S.C. 5721-5733 and 20 U.S.C. 905; and

(d) Transportation of remains of deceased employees and their dependents and effects under 5 U.S.C. 5741 and 5742.

§ 101-7.002 Applicability.

These regulations apply to employees of the United States whose travel expenses are authorized under 5 U.S.C. 5701-5709. These regulations also apply to persons employed inter

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mittently as consultants or experts who receive compensation on a per diem, when-actually-employed basis, and to persons serving without compensation, to the extent authorized under 5 U.S.C. 5703.

§ 101-7.003 Incorporation by reference.

(a) Federal Travel Regulations. The regulations issued under authority of this Part 101-7 are published in the GSA publication, "Federal Travel Regulations," printed in handbook format, and are hereby incorporated by reference into the Federal Property Management Regulations. The Federal Travel Regulations, including changes thereto, are distributed to heads of agencies by means of GSA Bulletin FPMR A-40.

(b) Commuted rate schedule for transportation of household goods. The schedule of commuted rates to be used in reimbursing civilian employees

of the U.S. Government for transpor tation, temporary storage, and related expenses incurred in moving their household goods (in accordance with the provisions of chapter 2 of the Federal Travel Regulations), issued under the authority of this Part 101-7, is published in GSA Bulletin FPMR A-2 Commuted Rate Schedule for Trans portation of Household Goods, and is hereby incorporated by reference intc the "Federal Property Management Regulations."

PART 101-8-[RESERVED] Appendix to Subchapter A-List of Temporary Regulations

EDITORIAL NOTE: The following is a list of temporary regulations except delega tions of authority, which relate to Federal property management and are in effect & of the revision date of this volume.