[Title 31 CFR 17]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 31 - MONEY AND FINANCE: TREASURY]
[Part 17 - ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF THE TREASURY]
[From the U.S. Government Printing Office]
31MONEY AND FINANCE: TREASURY12002-07-012002-07-01falseENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF THE TREASURY17PART 17MONEY AND FINANCE: TREASURY
PART 17--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF THE TREASURY--Table of Contents
Sec.
17.101 Purpose.
17.102 Application.
17.103 Definitions.
17.104-17.109 [Reserved]
17.110 Self-evaluation.
17.111 Notice.
17.112-17.129 [Reserved]
17.130 General prohibitions against discrimination.
17.131-17.139 [Reserved]
17.140 Employment.
17.141-17.148 [Reserved]
17.149 Program accessibility: Discrimination prohibited.
17.150 Program accessibility: Existing facilities.
17.151 Program accessibility: New construction and alterations.
17.152-17.159 [Reserved]
17.160 Communications.
17.161-17.169 [Reserved]
17.170 Compliance procedures.
17.171-17.999 [Reserved]
Authority: 29 U.S.C. 794.
Source: 56 FR 40788, Aug. 16, 1991, unless otherwise noted.
Sec. 17.101 Purpose.
The purpose of this part is to effectuate section 119 of the
Rehabilitation, Comprehensive Services, and Developmental Disabilities
Amendments of 1978, which amended section 504 of the Rehabilitation Act
of 1973 (``section 504'') to prohibit discrimination on the basis of
handicap in programs or activities conducted by Executive agencies or
the United States Postal Service.
Sec. 17.102 Application.
This part applies to all programs or activities conducted by the
agency, except for programs or activities conducted outside the United
States that do not involve individuals with handicaps in the United
States.
[[Page 210]]
Sec. 17.103 Definitions.
For purposes of this part, the term--
(a) Agency means the Department of the Treasury.
(b) Assistant Attorney General means the Assistant Attorney General,
Civil Rights Division, United States Department of Justice.
(c) 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 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.
(d) 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 of individuals with
handicaps shall also identify (where possible) the alleged victims of
discrimination.
(e) Facility means all or any portion of a building, structure,
equipment, road, walk, parking lot, rolling stock, or other conveyance,
or other real or personal property.
(f) Individual with handicaps means any person who has a physical or
mental impairment that substantially limits one or more of the
individual's 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, drug addiction 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 of the individual's 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 life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in subparagraph (1) of
this definition but is treated by the agency as having such an
impairment.
(g) Qualified individual with handicaps means--(1) With respect to
an agency program or activity under which a person is required to
perform services or to achieve a level of accomplishment, an individual
with handicaps 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 the nature of the program; and
(2) With respect to any other program or activity, an individual
with
[[Page 211]]
handicaps who meets the essential eligibility requirements for
participation in, or receipt of benefits from, that program or activity;
and
(3) For purposes of employment, ``qualified handicapped person'' is
defined in 29 CFR 1613.702(f), which is made applicable to this part by
Sec. 17.140.
(h) 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. As used in
this part, section 504 applies only to programs or activities conducted
by Executive agencies and not to federally assisted programs.
Secs. 17.104-17.109 [Reserved]
Sec. 17.110 Self-evaluation.
(a) The agency shall, by two years after the effective date of this
part, evaluate its current policies and practices, and the effects
thereof, to determine if they meet the requirements of this part. To the
extent modification of any such policy and practice is required, the
agency shall proceed to make the necessary modifications.
(b) The agency shall provide an opportunity to interested persons,
including individuals with handicaps or organizations representing
individuals with handicaps, to participate in the self-evaluation
process.
(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; and
(3) A list of participants in the self-evaluation process.
Sec. 17.111 Notice.
The agency shall make available to all Treasury employees, and to
all interested persons, as appropriate, 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 a manner as is necessary to apprise them of the
protections against discrimination assured them by section 504 and this
part.
Secs. 17.112-17.129 [Reserved]
Sec. 17.130 General prohibitions against discrimination.
(a) No qualified individual with handicaps in the United States,
shall, by reason of his or her handicap, be excluded from the
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 individual with handicaps the opportunity to
participate in or benefit from the aid, benefit, or service;
(ii) Afford a qualified individual with handicaps 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 individual with handicaps 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
individuals with handicaps or to any class of individuals with handicaps
than is provided to others unless such action is necessary to provide
qualified individuals with handicaps with aid, benefits or services that
are as effective as those provided to others;
(v) Deny a qualified individual with handicaps the opportunity to
participate as a member of planning or advisory boards; or
(vi) Otherwise limit a qualified individual with handicaps in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving the aid, benefit, or service.
(2) For purposes of this part, aids, benefits, and services, to be
equally effective, are not required to produce the identical result or
level of achievement for individuals with handicaps and for
nonhandicapped persons, but must afford individuals with handicaps equal
opportunity to obtain the same result,
[[Page 212]]
to gain the same benefit, or to reach the same level of achievement in
the most integrated setting appropriate to the individual's needs.
(3) Even if the agency is permitted, under paragraph (b)(1)(iv) of
this section, to operate a separate or different program for individuals
with handicaps or for any class of individuals with handicaps, the
agency must permit any qualified individual with handicaps who wishes to
participate in the program that is not separate or different to do so.
(4) 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 individuals with handicaps to discrimination
on the basis of handicap; or
(ii) Defeat or substantially impair accomplishment of the objectives
of a program or activity with respect to individuals with handicaps.
(5) The agency may not, in determining the site or location of a
facility, make selections the purpose or effect of which would--
(i) Exclude individuals with handicaps 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 individuals with
handicaps.
(6) The agency, in the selection of procurement contractors, may not
use criteria that subject qualified individuals with handicaps to
discrimination on the basis of handicap.
(7) The agency may not administer a licensing or certification
program in a manner that subjects qualified individuals with handicaps
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 individuals with handicaps 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 individuals
with handicaps or the exclusion of a specific class of individuals with
handicaps from a program limited by Federal statute or Executive order
to a different class of individuals with handicaps 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 individuals
with handicaps.
Secs. 17.131-17.139 [Reserved]
Sec. 17.140 Employment.
No qualified individual with handicaps shall, on the basis of
handicap, be subjected to discrimination in employment under any program
or activity conducted by the Department. 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 of federally
conducted programs or activities.
Secs. 17.141-17.148 [Reserved]
Sec. 17.149 Program accessibility: Discrimination prohibited.
Except as otherwise provided in Sec. 17.150, no qualified individual
with handicaps shall, because the agency's facilities are inaccessible
to or unusable by individuals with handicaps, 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.
Sec. 17.150 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 individuals with handicaps. This paragraph
does not require the agency--
(1) To make structural alterations in each of its existing
facilities in order to make them accessible to and usable by individuals
with handicaps where
[[Page 213]]
other methods are effective in achieving compliance with this section;
or
(2) 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 the Sec. 17.150(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 individuals with
handicaps receive the benefits and services of the program or activity.
(b) Methods. The agency may comply with the requirements of this
section through such means as redesign of equipment, reassignment of
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
individuals with handicaps. 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 individuals with handicaps in the most
integrated setting appropriate.
(c) Time period for compliance. The agency shall comply with the
obligations established under this section within sixty (60) days of the
effective date of this part except that where structural changes in
facilities are undertaken, such changes in facilities are undertaken,
such changes shall be made within three years of the effective date of
this part, 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 within six months of the effective date of this
part, a transition plan setting forth the steps necessary to complete
such changes. The agency shall provide an opportunity to interested
persons, including individuals with handicaps or organizations
representing individuals with handicaps, to participate in the
development of the transition plan by submitting comments (both
telephonic 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 physical accessibility of its programs or activities to
individuals with handicaps;
(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.
Sec. 17.151 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
individuals with handicaps. The definitions, requirements, and standards
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established
in 41 CFR 101-19.600 through 101-
[[Page 214]]
19.607 apply to buildings covered by this section.
Secs. 17.152-17.159 [Reserved]
Sec. 17.160 Communications.
(a) The agency shall take appropriate steps to effectively
communicate 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 an individual with handicaps an equal opportunity 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
individual with handicaps.
(ii) The agency need not provide individually prescribed devices,
readers for personal use or study, or other devices of a personal nature
to applicants or participants in programs.
(2) Where the agency communicates with applicants and beneficiaries
by telephone, the agency shall use telecommunication devices for deaf
persons (TDD's) or equally effective telecommunication systems to
communicate with persons with impaired hearing.
(b) The agency shall make available to interested persons, including
persons with impaired vision or hearing, information as to the existence
and location of accessible services, activities, and facilities.
(c) The agency shall post notices at a primary entrance to each of
its inaccessible facilities, directing users to an accessible facility,
or 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 Sec. 17.160 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 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 maxium extent possible,
individuals with handicaps receive the benefits and services of the
program or activity.
Secs. 17.161-17.169 [Reserved]
Sec. 17.170 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 and 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) All other complaints alleging violations of section 504 may be
sent to the Director, Office of Equal Opportunity Program, Department of
the Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. The
Deputy Assistant Secretary for Departmental Finance and Management shall
be responsible for coordinating implementation of this section.
(d)(1) Any person who believes that he or she has been subjected to
discrimination prohibited by this part may by him or herself or by his
or her authorized representative file a complaint. Any person who
believes that any specific class of persons has been subjected to
discrimination prohibited
[[Page 215]]
by this part and who is a member of that class or the authorized
representative of a member of that class may file a complaint.
(2) The agency shall accept and investigate all complete complaints
over which it has jurisdiction.
(3) 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 receive 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), is not readily accessible to
and usable by individuals with handicaps.
(g)(1) Within 180 days of the receipt of a complete complaint over
which it has jurisdiction, the agency shall notify the complainant of
the results of the investigation in a letter containing--
(i) Findings of fact and conclusions of law;
(ii) A description of a remedy for each violation found; and
(iii) A notice of the right to appeal.
(2) Agency employees are required to cooperate in the investigation
and attempted resolution of complaints. Employees who are required to
participate in any investigation under this section shall do so as part
of their official duties and during the course of regular duty hours.
(3) If a complaint is resolved informally, the terms of the
agreement shall be reduced to writing and made part of the complaint
file, with a copy of the agreement provided to the complainant. The
written agreement shall describe the subject matter of the complaint and
any corrective action to which the parties have agreed.
(h) Appeals of the findings of fact and conclusions of law or
remedies must be filed by the complainant within 60 days of receipt from
the agency of the letter required by Sec. 17.170(g). The agency may
extend this time for good cause.
(i) Timely appeals shall be accepted and processed by the Director,
Human Resources Directorate, or his or her designee, who will issue the
final agency decision which may include appropriate corrective action to
be taken by the agency.
(j) The agency shall notify the complainant of the results of the
appeal within 30 days of the receipt of the appeal. If the agency
determines that it needs additional information from the complainant, it
shall have 30 days from the date it received the additional information
to make its determination on the appeal.
(k) The time limits cited in paragraphs (g) and (j) of this section
may be extended for an individual case when the Assistant Secretary for
Departmental Finance and Management determines that there is good cause,
based on the particular circumstances of that case, for the extension.
(l) The agency may delegate its authority for conducting complaint
investigations to other Federal agencies or may contract with a
nongovernment investigator to perform the investigation, but the
authority for making the final determination may not be delegated to
another agency.
Secs. 17.171--17.999 [Reserved]