[Federal Register Volume 68, Number 44 (Thursday, March 6, 2003)]
[Rules and Regulations]
[Pages 10886-10890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5142]



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Part III





Department of Homeland Security





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Office of the Secretary



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6 CFR Part 15



Enforcement of Nondiscrimination on the Basis of Disability in 
Department of Homeland Security Programs or Activities; Interim Rule

  Federal Register / Vol. 68, No. 44 / Thursday, March 6, 2003 / Rules 
and Regulations  

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 15

RIN 1601-AA05


Enforcement of Nondiscrimination on the Basis of Disability in 
Department of Homeland Security Programs or Activities

AGENCY: Office of the Secretary, Homeland Security.

ACTION: Interim final rule.

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SUMMARY: This interim final rule establishes for the Department of 
Homeland Security the necessary procedures for the enforcement of 
section 504 of the Rehabilitation Act of 1973, as amended, which 
prohibits discrimination on the basis of disability, as it applies to 
programs or activities conducted by the Department of Homeland 
Security. It sets forth standards for what constitutes discrimination 
on the basis of a mental or physical disability, provides a definition 
for an individual with a disability and a qualified individual with a 
disability, and establishes a complaint mechanism for resolving 
allegations of discrimination.

DATES: This interim final rule is effective April 7, 2003. Written 
comments may be submitted by April 7, 2003.

ADDRESSES: Submit written comments (preferably an original and three 
copies) to Associate General Counsel (General Law), Department of 
Homeland Security, Washington, DC 20528.

FOR FURTHER INFORMATION CONTACT: Robert Coyle, (202) 282-8410, not a 
toll free call.

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 25, 2002, the President signed into law the Homeland 
Security Act of 2002 (Pub. L. 107-296), which created the new 
Department of Homeland Security (DHS). Pursuant to the provisions of 
the Act, the new Department came into existence on January 24, 2003.
    In order to establish procedures to facilitate public interaction 
with the DHS Office of the Secretary, DHS is issuing an initial series 
of proposed and interim final regulations.

II. The Interim Final Rule

    This interim final rule provides for the enforcement of section 504 
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), as it 
applies to programs and activities conducted by the Department of 
Homeland Security. It is an adaptation of a prototype prepared by the 
Department of Justice under Executive Order 12250 (45 FR 72995, 3 CFR, 
1980 Comp., p. 298) and distributed to Executive agencies.

III. Procedural Requirements

    Because the DHS came into existence on January 24, 2003, it is 
necessary to promptly establish procedures to facilitate the 
interaction of the public with the Department. Furthermore, this 
interim final rule parallels the existing operational regulations of 
other cabinet-level agencies to effectuate the provisions of section 
504 of the Rehabilitation Act of 1973. Similar regulations were 
applicable to components being transferred to DHS from other cabinet-
level agencies and the regulations are only being technically adapted 
for DHS, imposing no substantive requirement that is different from the 
existing regulations of these cabinet-level agencies. Accordingly, the 
Department has determined that notice and public procedure are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(B). For the same reasons, the Department has determined that 
this interim rule should be issued without a delayed effective date 
pursuant to 5 U.S.C. 553(d)(3).
    It has been determined that this rulemaking is not a significant 
regulatory action for the purposes of Executive Order 12866. 
Accordingly, a regulatory impact analysis is not required.
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. chapter 6) do 
not apply.
    This regulation has been reviewed and approved by the Attorney 
General pursuant to Executive Order 12250 and has also been reviewed by 
the Equal Employment Opportunity Commission pursuant to Executive Order 
12067.
    Copies of this regulation have been submitted to the appropriate 
authorizing committees of Congress, and this regulation will take 
effect no earlier than the thirtieth day after the date on which this 
regulation is so submitted to such committees (See 29 U.S.C. 794.)

List of Subjects in 6 CFR Part 15

    Civil rights, Individuals with disabilities, Reporting and 
recordkeeping requirements.

Authority and Issuance

    For the reasons set forth above, chapter I of 6 CFR is amended by 
adding part 15 to read as follows:

PART 15--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF 
DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF 
HOMELAND SECURITY

Sec.
15.1 Purpose.
15.2 Application.
15.3 Definitions.
15.10 Self-evaluation.
15.11 Notice.
15.30 General prohibitions against discrimination.
15.40 Employment.
15.49 Program accessibility; discrimination prohibited.
15.50 Program accessibility; existing facilities.
15.51 Program accessibility; new construction and alterations.
15.60 Communications.
15.70 Compliance procedures.

    Authority: Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.); 
5 U.S.C. 301; 29 U.S.C. 794.


Sec.  15.1  Purpose.

    The purpose of this part is to effectuate section 504 of the 
Rehabilitation Act of 1973 (``Section 504''), as amended by section 119 
of the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978, which prohibits discrimination on the 
basis of disability in programs or activities conducted by Executive 
agencies. The provisions established by this part shall be effective 
for all components of the Department, including all Department 
components that are transferred to the Department, except to the extent 
that a Department component already has existing section 504 
regulations.


Sec.  15.2  Application.

    This part applies to all programs or activities conducted by the 
Department of Homeland Security (Department), except for programs or 
activities conducted outside the United States that do not involve 
individuals with a disability in the United States.


Sec.  15.3  Definitions.

    For purposes of this part:
    (a) 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 Department. For example, auxiliary aids 
useful for persons with impaired vision

[[Page 10887]]

include readers, materials in Braille, 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 (TTYs), interpreters, notetakers, written materials and other 
similar services and devices.
    (b) Complete complaint means a written statement that contains the 
complainant's name and address, and describes the Department's alleged 
discriminatory action in sufficient detail to inform the Department 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 disabilities shall also identify (where possible) the alleged 
victims of discrimination.
    (c) 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.
    (d) Individual with a disability 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. For purposes 
of this definition:
    (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 Department 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 (e)(1) of 
this section but is treated by the Department as having such an 
impairment.
    (e) Qualified individual with a disability means:
    (1) With respect to a Department program or activity under which a 
person is required to perform services or to achieve a level of 
accomplishment, an individual with a disability 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 
Department 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 a disability who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or 
activity.
    (3) With respect to employment, an individual with a disability who 
satisfies the requisite skill, experience, education and other job-
related requirements of the employment position such individual holds 
or desires, and who, with or without reasonable accommodation, can 
perform the essential functions of such position.
    (f) Section 504 means section 504 of the Rehabilitation Act of 1973 
(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.


Sec.  15.10  Self-evaluation.

    (a) Except as provided in paragraph (d) of this section, the 
Department shall, not later than March 7, 2005, 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 Department shall proceed to 
make the necessary modifications.
    (b) The Department shall provide an opportunity to interested 
persons, including individuals with a disability or organizations 
representing individuals with disabilities, to participate in the self-
evaluation process.
    (c) The Department 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;
    (2) A description of any modifications made; and
    (3) A list of participants in the self-evaluation process.
    (d) If a component within the Department has already complied with 
the self-evaluation requirement of a regulation implementing section 
504, then the requirements of this section shall apply to only those 
programs and activities conducted by that component that were not 
included in the previous self-evaluation.


Sec.  15.11  Notice.

    The Department shall make available to all Department employees and 
interested persons information regarding the provisions of this part 
and its applicability to the programs or activities conducted by the 
Department, 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.


Sec.  15.30  General prohibitions against discrimination.

    (a) No qualified individual with a disability in the United States, 
shall, by reason of his or her disability, be excluded from the 
participation in, be denied benefits of, or otherwise be subjected to 
discrimination under any program or activity conducted by the 
Department.
    (b)(1) The Department, in providing any aid, benefit, or service, 
may not directly or through contractual, licensing, or other 
arrangements, on the basis of disability:
    (i) Deny a qualified individual with a disability the opportunity 
to participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with a disability 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 a disability with an aid, 
benefit, or service that is not as effective in

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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 a disability or to any class of individuals with a 
disability than is provided to others unless such action is necessary 
to provide qualified individuals with a disability with aid, benefits 
or services that are as effective as those provided to others;
    (v) Deny a qualified individual with a disability the opportunity 
to participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified individual with a disability 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 a disability and for 
nondisabled persons, but must afford individuals with a disability 
equal opportunity to obtain the same result, 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 Department is permitted, under paragraph (b)(1)(iv) 
of this section, to operate a separate or different program for 
individuals with a disability or for any class of individuals with a 
disability, the Department must permit any qualified individual with a 
disability who wishes to participate in the program that is not 
separate or different to do so.
    (4) The Department 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 a disability to 
discrimination on the basis of disability; or
    (ii) Defeat or substantially impair accomplishment of the 
objectives of a program or activity with respect to individuals with a 
disability.
    (5) The Department may not, in determining the site or location of 
a facility, make selections the purpose or effect of which would:
    (i) Exclude individuals with a disability from, deny them the 
benefits of, or otherwise subject them to discrimination under any 
program or activity conducted by the Department; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to individuals with a 
disability.
    (6) The Department, in the selection of procurement contractors, 
may not use criteria that subject qualified individuals with a 
disability to discrimination on the basis of disability.
    (7) The Department may not administer a licensing or certification 
program in a manner that subjects qualified individuals with a 
disability to discrimination on the basis of disability, nor may the 
Department establish requirements for the programs or activities of 
licensees or certified entities that subject qualified individuals with 
a disability to discrimination on the basis of disability. However, the 
programs or activities of entities that are licensed or certified by 
the Department are not, themselves, covered by this part.
    (c) The exclusion of nondisabled persons from the benefits of a 
program limited by Federal statute or Executive order to individuals 
with a disability or the exclusion of a specific class of individuals 
with a disability from a program limited by Federal statute or 
Executive order to a different class of individuals with a disability 
is not prohibited by this part.
    (d) The Department shall administer programs and activities in the 
most integrated setting appropriate to the needs of qualified 
individuals with a disability.


Sec.  15.40  Employment.

    No qualified individual with a disability shall, on the basis of 
that disability, 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 1614, shall apply to employment 
of Federally conducted programs or activities.


Sec.  15.49  Program accessibility; discrimination prohibited.

    Except as otherwise provided in Sec.  15.50, no qualified 
individual with a disability shall, because the Department's facilities 
are inaccessible to or unusable by individuals with a disability, be 
denied the benefits of, be excluded from participation in, or otherwise 
be subjected to discrimination under any program or activity conducted 
by the Department.


Sec.  15.50  Program accessibility; existing facilities.

    (a) General. The Department 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 a disability. This 
paragraph (a) does not require the Department:
    (1) To make structural alterations in each of its existing 
facilities in order to make them accessible to and usable by 
individuals with a disability where 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 Department personnel believe that the proposed action would 
fundamentally alter the program or activity or would result in undue 
financial and administrative burdens, the Department has the burden of 
proving that compliance with this paragraph (a) of this section would 
result in such alteration or burdens. The decision that compliance 
would result in such alteration or burdens must be made by the 
Secretary of Homeland Security (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 
Department shall take any other action that would not result in such an 
alteration or such burdens but would nevertheless ensure that 
individuals with a disability receive the benefits and services of the 
program or activity.
    (b) Methods. The Department 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 a disability. The Department, in making 
alterations to existing buildings, shall meet accessibility 
requirements to the extent required 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

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Department shall give priority to those methods that offer programs and 
activities to qualified individuals with a disability in the most 
integrated setting appropriate.
    (c) Time period for compliance. The Department shall comply with 
the obligations established under this section not later than May 5, 
2003, except that where structural changes in facilities are 
undertaken, such changes shall be made not later than March 6, 2006, 
but in any event as expeditiously as possible. If a component within 
the Department has already complied with the accessibility requirements 
of a regulation implementing section 504, then the provisions of this 
paragraph shall apply only to facilities for that agency's programs and 
activities that were not previously made readily accessible to and 
usable by individuals with disabilities in compliance with that 
regulation.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
Department shall develop not later than September 8, 2003, a transition 
plan setting forth the steps necessary to complete such changes. The 
Department shall provide an opportunity to interested persons, 
including individuals with disabilities or organizations representing 
individuals with disabilities, 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. If a component of the Department has already complied with 
the transition plan requirement of a regulation implementing section 
504, then the requirements of this paragraph shall apply only to the 
agency's facilities for programs and activities that were not included 
in the previous transition plan. The plan shall at a minimum:
    (1) Identify physical obstacles in the Department's facilities that 
limit the physical accessibility of its programs or activities to 
individuals with disabilities;
    (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.  15.51  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 Department shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with a disability. 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 101-19.607 apply to buildings 
covered by this section.


Sec.  15.60  Communications.

    (a) The Department shall take appropriate steps to effectively 
communicate with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The Department shall furnish appropriate auxiliary aids where 
necessary to afford an individual with a disability an equal 
opportunity to participate in, and enjoy the benefits of, a program or 
activity conducted by the Department.
    (i) In determining what type of auxiliary aid is necessary, the 
Department shall give primary consideration to the requests of the 
individual with a disability.
    (ii) The Department 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 Department communicates with applicants and 
beneficiaries by telephone, the Department shall use telecommunication 
devices for deaf persons (TTYs) or equally effective telecommunication 
systems to communicate with persons with impaired hearing.
    (b) The Department 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 Department 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 Department 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.
    (e) In those circumstances where Department personnel believe that 
the proposed action would fundamentally alter the program or activity 
or would result in undue financial and administrative burdens, the 
Department has the burden of proving that compliance with this section 
would result in such alteration or burdens. The decision that 
compliance would result in such alteration or burdens must be made by 
the Secretary of Homeland Security (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 Department 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, individuals 
with a disability receive the benefits and services of the program or 
activity.


Sec.  15.70  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
disability in programs and activities conducted by the Department.
    (b) The Department 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 1614.
    (c) All other complaints alleging violations of section 504 may be 
sent to the Officer for Civil Rights and Civil Liberties, Department of 
Homeland Security, Washington, DC 20528. The Officer for Civil Rights 
and Civil Liberties 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 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 Department 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 Department may extend this time 
period for good cause.

[[Page 10890]]

    (e) If the Department 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 
entity of the Federal government.
    (f) The Department 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 
disabilities.
    (g)(1) Not later than 180 days from the receipt of a complete 
complaint over which it has jurisdiction, the Department 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) Department 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 not later than 60 days after 
receipt from the Department of the letter required by paragraph (g)(1) 
of this section. The Department may extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the Officer 
for Civil Rights and Civil Liberties, or designee thereof, who will 
issue the final agency decision which may include appropriate 
corrective action to be taken by the Department.
    (j) The Department shall notify the complainant of the results of 
the appeal within 30 days of the receipt of the appeal. If the 
Department 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 Officer for Civil 
Rights and Civil Liberties determines that there is good cause, based 
on the particular circumstances of that case, for the extension.
    (l) The Department may delegate its authority for conducting 
complaint investigations to other Federal agencies and may contract 
with nongovernment investigators to perform the investigation, but the 
authority for making the final determination may not be delegated to 
another agency.

    Dated: February 28, 2003.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 03-5142 Filed 3-5-03; 8:45 am]
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