CFR Part 51-10
PART 51-10—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF
HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMITTEE FOR
PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
§ 51-10.101 Purpose.
§ 51-10.102 Application.
§ 51-10.103 Definitions.
§§ 51-10.104--51-10.109 [Reserved]
§ 51-10.110 Self-evaluation.
§ 51-10.111 Notice
§§ 51-10.112--51-10.129 [Reserved]
§ 51-10.130 General prohibitions against
discrimination
§§ 51-10.131--51-10.139 [Reserved]
§ 51-10.140 Employment
§§ 51-10.141--51-10.148 [Reserved]
§ 51-10.149 Program accessibility: Discrimination
prohibited.
§ 51-10.150 Program accessibility: Existing
facilities.
§ 51-10.151 Program accessibility: New construction
and alterations
§§ 51-10.152--51-10.159 [Reserved]
§ 51-10.160 Communications
§§ 51-10.161--51-10.169 [Reserved]
§ 51-10.170 Compliance procedures
§§ 51-10.171--51-10.999 [Reserved]
§ 51-10.101 Purpose.
This part effectuates section 119 of the Rehabilitation, Comprehensive
Services, and Developmental Disabilities Amendments of 1978, which
amended section 504 of the Rehabilitation Act of 1973 to prohibit
discrimination on the basis of handicap in programs or activities
conducted by Executive agencies or the United States Postal Service.
§ 51-10.102 Application.
This part applies to all programs or activities conducted by the
agency.
§ 51-10.103 Definitions.
For purposes of this part, the term:
Assistant Attorney General means the Assistant Attorney
General, Civil Rights Division, United States Department of Justice.
Auxiliary aids means services or devices that enable persons
with impaired sensory, manual, or speaking skills to have an equal
opportunity to participate in, and enjoy the benefits of, programs
or activities conducted by the agency. For example, auxiliary aids
useful for persons with impaired vision include readers, brailled
materials, audio recordings, telecommunications devices and other
similar services and devices. Auxiliary aids useful for persons
with impaired hearing include telephone handset amplifiers, telephones
compatible with hearing aids, telecommunications devices for deaf
persons (TDD's), interpreters, notetakers, written materials, and
other similar services and devices.
Complete complaint means a written statement that contains
the complainant's name and address and describes the agency's alleged
discriminatory action in sufficient detail to inform the agency
of the nature and date of the alleged violation of section 504.
It shall be signed by the complainant or by someone authorized to
do so on his or her behalf. Complaints filed on behalf of classes
or third parties shall describe or identify (by name, if possible)
the alleged victims of discrimination.
Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other conveyances,
or other real or personal property.
Handicapped person 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. As used in this definition, the phrase:
(1) Physical or mental impairment includes-
(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, and drug
addition and alcoholism.
(2) Major life activities includes 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 the agency as constituting
such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defines in subparagraph (1) of
this definition but is treated by the agency as having such an impairment.
Historic preservation programs means programs conducted
by the agency that have preservation of historic properties as a
primary purpose.
Historic properties means those properties that are listed
or eligible for listing in the National Register of Historic Places
or properties designated as historic under a statute of the appropriate
State or local government body.
Qualified handicapped person means:
(1) With respect to preschool, elementary, or secondary education
services provided by the agency, a handicapped person who is a member
of a class of persons otherwise entitled by statute, regulation,
or agency policy to receive education services from the agency.
(2) With respect to any other agency program or activity under which
a person is required to perform services or to achieve a level of
accomplishment, a handicapped person who meets the essential eligibility
requirements and who can achieve the purpose of the program or activity
without modifications in the program or activity that the agency
can demonstrate would result in a fundamental alteration in its
nature;
(3) With respect to any other program or activity, a handicapped
person who meets the essential eligibility requirements for participation
in, or receipt of benefits from, that program or activity; and
(4) Qualified handicapped person is defined for purposes
of employment in 29 CFR 1613.702(f), which is made applicable to
this part by § 51-10.140.
Section 504 means section 504 of the Rehabilitation Act
of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended
by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88
Stat. 1617), and the Rehabilitation Comprehensive Services, and
Development Disabilities Amendments of 1978 (Pub. L. 95-602, 92
Stat. 2955). As used in this part, section 504 applies only to programs
or activities conducted by Executive agencies and not to federally
assisted programs.
Substantial impairment means a significant loss of the integrity
of finished materials, design quality, or special character resulting
from a permanent alteration.
§§ 51-10.104--51-10.109 [Reserved]
§ 51-10.110 Self-evaluation.
(a) The agency shall, by August 24, 1987, evaluate its current
policies and practices, and the effects thereof, that do not or
may not meet the requirements of this part, and, to the extent modification
of any such policies and practices is required, the agency shall
proceed to make the necessary modifications.
(b) The agency shall provide an opportunity to interested persons,
including handicapped persons or organizations representing handicapped
persons, to participate in the self-evaluation process by submitting
comments (both oral and written).
(c) The agency shall, until three years following the completion
of the self-evaluation, maintain on file and make available for
public inspection:
(1) a description of areas examined and any problems identified,
and
(2) a description of any modifications made.
§ 51-10.111 Notice
The agency shall make available to employees, applicants, participants,
beneficiaries, and other interested persons such information regarding
the provisions of this part and its applicability to the programs
or activities conducted by the agency, and make such information
available to them in such manner as the head of the agency finds
necessary to apprise such persons of the protections against discrimination
assured them by section 504 and this regulation.
§§ 51-10.112--51-10.129 [Reserved]
§ 51-10.130 General prohibitions
against discrimination
(a) No qualified handicapped person shall, on the basis of handicap,
be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or activity
conducted by the agency.
(b)(1) The agency, in providing any aid, benefit, or service,
may not, directly or through contractual, licensing, or other arrangements,
on the basis of handicap-
(i) Deny a qualified handicapped person the opportunity to participate
in or benefit from the aid, benefit, or service;
(ii) Afford a qualified handicapped person an opportunity to participate
in or benefit from the aid, benefit, or service that is not equal
to that afforded others;
(iii) Provide a qualified handicapped person with an aid, benefit,
or service that is not as effective in affording equal opportunity
to obtain the same result, to gain the same benefit, or to reach
the same level of achievement as that provided to others;
(iv) Provide different or separate aid, benefits, or services to
handicapped persons or to any class of handicapped persons than
is provided to others unless such action is necessary to provide
qualified handicapped persons with aid, benefits, or services that
are as effective as those provided to others;
(v) Deny a qualified handicapped person the opportunity to participate
as a member of planning or advisory boards; or
(vi) Otherwise limit a qualified handicapped person in the enjoyment
of any right, privilege, advantage, or opportunity enjoyed by others
receiving the aid, benefit, or service.
(2) The agency many not deny a qualified handicapped person the
opportunity to participate in the programs or activities that are
not separate or different, despite the existence of permissibly
separate or different programs or activities.
(3) The agency may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration the
purpose or effect of which would-
(i) Subject qualified handicapped persons to discrimination on the
basis of handicap; or
(ii) Defeat or substantially impair accomplishment of the objectives
of a program activity with respect to handicapped persons.
(4) The agency may not, in determining the site or location of a
facility, make selections the purpose or effect of which would-
(i) Exclude handicapped persons from, deny them the benefits of,
or otherwise subject them to discrimination under any program or
activity conducted by the agency; or
(ii) Defeat or substantially impair the accomplishment of the objectives
of a program or activity with respect to handicapped persons.
(5) The agency, in the selection of procurement contractors, may
not use criteria that subject qualified handicapped persons to discrimination
on the basis of handicap.
(6) The agency may not administer a licensing or certification program
in a manner that subjects qualified handicapped persons to discrimination
on the basis of handicap, nor may the agency establish requirements
for the programs or activities of licensees or certified entities
that subject qualified handicapped persons to discrimination on
the basis of handicap. However, the programs or activities of entities
that are licensed or certified by the agency are not, themselves,
covered by this part.
(c) The exclusion of nonhandicapped persons from the benefits
of a program limited by Federal statute or Executive order to handicapped
persons or the exclusion of a specific class of handicapped persons
from a program limited by Federal statute or Executive order to
a different class of handicapped persons is not prohibited by this
part.
(d) The agency shall administer programs and activities in the
most integrated setting appropriate to the needs of qualified handicapped
persons.
§§ 51-10.131--51-10.139 [Reserved]
§ 51-10.140 Employment
No qualified handicapped person shall, on the basis of handicap,
be subjected to discrimination in employment under any program or
activity conducted by the agency. The definitions, requirements,
and procedures of section 501 of the Rehabilitation Act of 1973
(29 U.S.C. 791), as established by the Equal Employment Opportunity
Commission in 29 CFR Part 1613, shall apply to employment in federally
conducted programs or activities.
§§ 51-10.141--51-10.148 [Reserved]
§ 51-10.149 Program accessibility:
Discrimination prohibited.
Except as otherwise provided in § 51-10.150, no qualified handicapped
person shall, because the agency's facilities are inaccessible to
or unusable by handicapped persons, be denied the benefits of, be
excluded from participation in, or otherwise be subjected to discrimination
under any program or activity conducted by the agency.
§ 51-10.150 Program accessibility: Existing
facilities.
(a) General. The agency shall operate each program or activity
so that the program or activity, when viewed in its entirety, is
readily accessible to and usable by handicapped persons. This paragraph
does not-
(1) Necessarily require the agency to make each of its existing
facilities accessible to and usable by handicapped persons;
(2) In the case of historic preservation programs, require the agency
to take any action that would result in a substantial impairment
of significant historic features of an historic property; or
(3) Require the agency to take any action that it can demonstrate
would result in a fundamental alteration in the nature of a program
or activity or in undue financial and administrative burdens. In
those circumstances where agency personnel believe that the proposed
action would fundamentally alter the program or activity or would
result in undue financial and administrative burdens, the agency
has the burden of proving that compliance with § 51-10.150(a) would
result in such alteration or burdens. The decision that compliance
would result in such alteration or burdens must be made by the agency
head or his or her designee after considering all agency resources
available for use in the funding and operation of the conducted
program or activity, and must be accompanied by a written statement
of the reasons for reaching that conclusion. If an action would
result in such an alteration or such burdens, the agency shall take
any other action that would not result in such an alteration or
such burdens but would nevertheless ensure that handicapped persons
receive the benefits and services of the program or activity.
(b) Methods--(1) General. The agency may comply with the
requirements of this section through such means as redesign of equipment,
reassignment of the services to accessible buildings, assignment
of aides to beneficiaries, home visits, delivery of services at
alternate accessible sites, alteration of existing facilities and
construction of new facilities, use of accessible rolling stock,
or any other methods that result in making its programs or activities
readily accessible to and usable by handicapped persons. The agency
is not required to make structural changes in existing facilities
where other methods are effective in achieving compliance with this
section. The agency, in making alterations to existing buildings,
shall meet accessibility requirements to the extent compelled by
the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157),
and any regulations implementing it. In choosing among available
methods for meeting the requirements of this section, the agency
shall give priority to those methods that offer programs and activities
to qualified handicapped persons in the most integrated setting
appropriate.
(2) Historic preservation programs. In meeting the requirements
of § 51-10.150(a) in historic preservation programs, the agency
shall give priority to methods that provide physical access to handicapped
persons. In cases where a physical alteration to an historic property
is not required because of § 51-10.150(a)(2) or (a)(3), alternative
methods of achieving program accessibility include- (i) Using audio-visual
materials and devices to depict those portions of an historic property
that cannot otherwise be made accessible; (ii) Assigning persons
to guide handicapped persons into or through portions of historic
properties that cannot otherwise be made accessible; or (iii) Adopting
other innovative methods.
(c) Time period for compliance. The agency shall comply
with the obligations established under this section by October 21,
1986, except that where structural changes in facilities are undertaken,
such changes shall be made by August 22, 1989, but in any event
as expeditiously as possible.
(d) Transition plan. In the event that structural changes
to facilities will be undertaken to achieve program accessibility,
the agency shall develop, by February 23, 1987 months after the
effective date], a transition plan setting forth the steps necessary
to complete such changes. The agency shall provide an opportunity
to interested persons, including handicapped persons or organizations
representing handicapped persons, to participate in the development
of the transition plan by submitting comments (both oral and written).
A copy of the transition plan shall be made available for public
inspection. The plan shall, at a minimum-
(1) Identify physical obstacles in the agency's facilities that
limit the accessibility of its programs or activities to handicapped
persons;
(2) Describe in detail the methods that will be used to make the
facilities accessible;
(3) Specify the schedule for taking the steps necessary to achieve
compliance with this section and, if the time period of the transition
plan is longer than one year, identify steps that will be taken
during each year of the transition period; and
(4) Indicate the official responsible for implementation of the
plan.
§ 51-10.151 Program accessibility: New
construction and alterations
Each building or part of a building that is constructed or altered
by, on behalf of, or for the use of the agency shall be designed,
constructed, or altered so as to be readily accessible to and usable
by handicapped persons. The definitions, requirements, and standards
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established
in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by
this section.
§§ 51-10.152--51-10.159 [Reserved]
§ 51-10.160 Communications
(a) The agency shall take appropriate steps to ensure effective
communication with applicants, participants, personnel of other
Federal entities and members of the public.
(1) The agency shall furnish appropriate auxiliary aids where necessary
to afford a handicapped person an equal opportunity to enjoy to
participate in, and enjoy the benefits of, a program or activity
conducted by the agency.
(i) In determining what type of auxiliary aid is necessary, the
agency shall give primary consideration to the requests of the handicapped
person.
(ii) The agency need not provide individually prescribed devices,
readers for personal use or study, or other devices of a personal
nature.
(2) Where the agency communicates with applicants and beneficiaries
by telephone, telecommunication devices for deaf person (TDD's)
or equally effective telecommunication systems shall be used.
(b) The agency shall ensure that interested persons, including
persons with impaired vision or hearing, can obtain information
as to the existence and location of accessible services, activities,
and facilities.
(c) The agency shall provide signage at a primary entrance to each
of its inaccessible facilities, directing users to a location at
which they can obtain information about accessible facilities. The
international symbol for accessibility shall be used at each primary
entrance of an accessible facility.
(d) This section does not require the agency to take any action
that it can demonstrate would result in a fundamental alteration
in the nature of a program or activity or in undue financial and
administrative burdens. In those circumstances where agency personnel
believe that the proposed action would fundamentally alter the program
or activity or would result in undue financial and administrative
burdens the agency has the burden of proving that compliance with
§ 51-10.160 would result in such alteration or burdens. The decision
that compliance would result in such alteration or burdens mush
be made by the agency head or his or her designee after considering
all agency resources available for use in the funding and operation
of the conducted program or activity, and must be accompanied by
a written statement of the reasons for reaching that conclusion.
If an action required to comply with this section would result in
such an alteration or such burdens, the agency shall take any other
action that would not result in such an alteration or such burdens
but would nevertheless ensure that, to the maximum extent possible,
handicapped persons receive the benefits and services of the program
or activity.
§§ 51-10.161--51-10.169 [Reserved]
§ 51-10.170 Compliance procedures
(a) Except as provided in paragraph (b) of this section, this
section applies to all allegations of discrimination on the basis
of handicap in programs or activities conducted by the agency.
(b) The agency shall process complaints alleging violations of
section 504 with respect to employment according to the procedures
established by the Equal Employment Opportunity Commission in 29
CFR Part 1613 pursuant to section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791).
(c) The Executive Director shall be responsible for coordinating
the implementation of this section. Complaints may be sent to the
Executive Director, Committee for Purchase From People Who Are Blind
or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson
Davis Highway, Arlington, Virginia, 22202-3259.
(d) The agency shall accept and investigate all complete complaints
for which it has jurisdiction. All complete complaints must be filed
within 180 days of the alleged act of discrimination. The agency
may extend this time period for good cause.
(e) If the agency receives a complaint over which it does not have
jurisdiction, it shall promptly notify the complainant and shall
make reasonable efforts to refer the complaint to the appropriate
government entity.
(f) The agency shall notify the Architectural and Transportation
Barriers Compliance Board upon receipt of any complaint alleging
that a building or facility that is subject to the Architectural
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), or section
502 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 792),
is not readily accessible to and usable by handicapped persons.
(g) Within 180 days of the receipt of a complete complaint for
which it has jurisdiction, the agency shall notify the complainant
of the results of the investigation in a letter containing-
(1) Findings of fact and conclusions of law;
(2) A description of a remedy for each violation found; and (3)
A notice of the right to appeal.
(h) Appeals of the findings of fact and conclusions of law or remedies
must be filed by the complainant within 90 days of receipt from
the agency of the letter required by § 51-10.170(g). The agency
may extend this time for good cause.
(i) Timely appeals shall be accepted and processed by the head
of the agency.
(j) The head of the agency shall notify the complainant of the
results of the appeal within 60 days of the receipt of the request.
If the head of the agency determines that additional information
is needed from the complainant, he or she shall have 60 days from
the date of receipt of the additional information to make his or
her determination on the appeal.
(k) The time limits cited in paragraphs (g) and (j) of this section
may be extended with the permission of the Assistant Attorney General.
(l) The agency may delegate its authority for conducting complaint
investigations to other Federal agencies, accept that the authority
for making the final determination may not be delegated to another
agency.
§§ 51-10.171--51-10.999 [Reserved]
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