[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Proposed Rules]
[Pages 43168-43187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12999]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 56

[Docket ID: DOD-2016-OS-0115]
RIN 0790-AJ04


Nondiscrimination on the Basis of Disability in Programs or 
Activities Assisted or Conducted by the DoD and in Equal Access to 
Information and Communication Technology Used by DoD, and Procedures 
for Resolving Complaints

AGENCY: Office of the Under Secretary of Defense for Personnel and 
Readiness, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department of Defense (DoD) is proposing to amend its 
regulations prohibiting unlawful discrimination on the basis of 
disability in programs or activities receiving Federal financial 
assistance from, or conducted by, DoD. These revisions update and 
clarify the obligations that section 504 of the Rehabilitation Act 
imposes on recipients of Federal financial assistance and DoD 
Components, in order to incorporate current statutory provisions, 
requirements from judicial decisions, and comparable provisions 
implementing title II of the Americans with Disabilities Act (ADA). The 
regulation is further revised to implement section 508 of the 
Rehabilitation Act, as applicable to the DoD Components, in order to 
provide policy concerning accessibility of DoD information and 
communication technology. Additionally, the regulation provides the 
procedures pursuant to sections 504 or 508 of the Rehabilitation Act.

DATES: Comments must be received by September 14, 2020.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) number and title, by any of the 
following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: DoD cannot receive written comments at this time due 
to the COVID-19 pandemic. Comments should be sent electronically to the 
docket listed above.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Randy Cooper, 703-571-9327.

SUPPLEMENTARY INFORMATION:

I. Background

    This Notice of Proposed Rulemaking (``NPRM'') proposes to amend 32 
CFR part 56, ``Nondiscrimination on the Basis of Handicap in Programs 
and Activities Assisted or Conducted by the Department of Defense'' by 
updating the nondiscrimination obligations that section 504 imposes on 
recipients of Federal financial assistance and DoD Components; 
modifying this rule to include the obligations that section 508 imposes 
on DoD Components; and clarifying the complaint resolution procedures 
applicable to allegations of noncompliance.
    Congress enacted section 504 to prohibit discrimination on the 
basis of disability in federally assisted and federally conducted 
programs or activities. Executive Order 11914, ``Nondiscrimination with 
Respect to the Handicapped in Federally Assisted Programs,'' authorized 
the then Department of Health, Education, and Welfare (HEW) to 
coordinate enforcement of section 504. This authority was later 
transferred to the Department of Health and Human Services. On November 
2, 1980, this authority was transferred to the Attorney General by 
Executive Order 12250, ``Leadership and Coordination of 
Nondiscrimination Laws'' (45 FR 72995). On August 11, 1981, the 
Department of Justice (DOJ) promulgated a final rule, 28 CFR part 41, 
transferring the guidelines issued by HEW and designating them as part 
of the Attorney General's civil rights coordination regulations.
    Consistent with the DOJ section 504 coordination regulation, on 
April 8, 1982, DoD promulgated 32 CFR part 56, implementing section 504 
within the Department (47 FR 15124). Thirty-seven years later, there is 
a compelling need to clarify and update this regulation to ensure that 
DoD policies reflect current Federal law and policies regarding 
discrimination on the basis of disability.
    Congress has amended certain provisions of the Rehabilitation Act 
of 1973, Public Law 93-112 (Sept. 26, 1973) (Rehabilitation Act), 
necessitating revisions to the Department's Section 504 federally 
conducted programs and activities regulation.\1\ The Americans with 
Disabilities Act of 1990, Public Law 101-336 (July 26, 1990) (ADA), 
revised the Rehabilitation Act to include definitions of the terms 
``drugs'' and ``illegal use of drugs,'' explaining that these terms 
were to be interpreted consistent with the principles of the Controlled 
Substances Act, 21 U.S.C. 801 et seq. See 29 U.S.C. 705(10). The ADA 
also amended the Rehabilitation Act to expressly exclude from coverage 
an individual who is currently engaging in the illegal use of drugs. 
See 29 U.S.C. 705(10), (20)(C). The Rehabilitation Act Amendments of 
1992, Public Law 102-569 (Oct. 29, 1992) (the 1992 Amendments), adopted 
the use of ``person first'' language+ e by changing the term 
``handicapped person'' to ``individual with a disability'' and provided 
that the standards applied under title I of the ADA shall apply to 
determinations of employment discrimination under section 504. More 
recently, the ADA Amendments Act of 2008 (ADA Amendments Act), Public 
Law 110-325 (Sept. 25, 2008), revised the meaning and interpretation of 
the definition of ``disability'' under section 504 to align them with 
the ADA. In addition, there have been significant Supreme Court 
decisions interpreting section 504 requirements relating to the 
principles of ``direct threat'' and reasonable accommodation. See, 
e.g., Sch. Bd. of Nassau Cty. v. Arline, 480

[[Page 43169]]

U.S. 273 (1987); Alexander v. Choate, 469 U.S. 287 (1985); Se. Cmty. 
Coll. v. Davis, 442 U.S. 397 (1979). Congress codified both the 
principle of direct threat and the requirement for reasonable 
modifications in title II of the ADA.
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    \1\ See, e.g., Public Law 99-506 (Oct. 21, 1986); Public Law 
100-259 (Mar. 22, 1988); Public Law 100-630 (Nov. 7, 1988); Public 
Law 101-336 (July 26, 1990); Public Law 102-569 (Oct. 29, 1992); 
Public Law 103-382 (Oct. 20, 1994); Public Law 105-220 (Aug. 7, 
1998); Public Law 107-110 (Jan. 8, 2002); Public Law 110-325 (Sept. 
25, 2008); Public Law 113-128 (July 22, 2014).]
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    Below is a summary of some of the major additions, deletions, and 
modifications to the 1982 regulation implementing section 504 that are 
included in this proposed rule.
    The DoD proposes to add a new provision at subpart D that 
affirmatively states the longstanding section 504 obligation to provide 
reasonable modifications in policies, practices, and procedures, unless 
those changes can be shown to pose a fundamental alteration to the 
program or activity or an undue financial and administrative burden. 
The extent of the obligation to modify policies, practices, or 
procedures was first enunciated by the Supreme Court in Southeastern 
Community College v. Davis, 442 U.S. 397 (1979). Davis held that while 
section 504 prohibits the exclusion of an otherwise qualified 
individual with a disability from participation in a federally funded 
program solely by reason of the individual's disability, section 504 
does not require program or policy modifications that would 
fundamentally alter the nature of the provider's program.
    Subsequently, in Alexander v. Choate, 469 U.S. 287 (1985), which 
addressed a section 504 challenge to a State policy reducing the annual 
number of days of inpatient hospital care covered by the State's 
Medicaid program, the Court implicitly acknowledged that the obligation 
to provide reasonable modifications could be considered as an 
affirmative obligation, noting, ``the question of who is `otherwise 
qualified' and what actions constitute `discrimination' under the 
section would seem to be two sides of a single coin; the ultimate 
question is the extent to which a grantee is required to make 
reasonable modifications in its programs for the needs of the 
handicapped.'' Id. at 299 n.19. Alexander also introduced the concept 
of undue financial and administrative burden as a limitation on the 
reasonable modification obligation. In responding to the petitioners' 
contention that any durational limitation on inpatient coverage in a 
State Medicaid plan is a violation of section 504, the Court stated: 
``It should be obvious that the administrative costs of implementing 
such a regime would be well beyond the accommodations that are required 
under Davis.'' Id. at 308.
    Over the past several decades, in keeping with these Supreme Court 
decisions, Federal courts and Federal agencies have regularly 
acknowledged Federal agencies' affirmative obligation to ensure that 
recipients of Federal funding provide reasonable modifications in 
programs and activities to qualified individuals with disabilities 
unless the recipient can demonstrate that making these modifications 
would fundamentally alter the program or activity or result in an undue 
financial and administrative burden. The Department's existing 
regulations include a provision requiring DoD and recipients of federal 
financial assistance to provide reasonable modifications in policies, 
practices, or procedures when the modifications are necessary to avoid 
discrimination on the basis of disability, unless the DoD or the 
recipient of federal financial assistance can demonstrate that making 
the modifications would fundamentally alter the nature of the service, 
program, or activity or result in undue financial and administrative 
burdens.
    In addition, when Congress enacted the ADA Amendments Act, it 
expressly provided that a covered entity need not provide a reasonable 
modification to policies, practices, or procedures to an individual who 
meets the definition of disability under the ``regarded as'' prong. ADA 
Amendments Act, sec. 6(a)(1). While Congress did not specifically apply 
this provision of the ADA Amendments Act to section 504, the DoD 
believes that it is equally appropriate to apply this limitation to 
reasonable modifications under section 504 and proposes to adopt this 
limitation in this regulation.
    In addition, the DoD notes that the necessary reasonable 
modifications will vary based on the need of the individual and the 
impact of the modification on the DoD or the recipient of federal 
financial assistance.
    Lastly, section 508 was enacted in 1986, and subsequent amendments 
and implementing regulations require Federal agencies to develop, 
procure, use, and maintain accessible information and communication 
technology and develop section 508 complaint resolution procedures.

A. Purpose

    The proposed rule reaffirms that the purpose of the regulation is 
to establish and implement policy, assign responsibilities, and 
prescribe procedures to prevent unlawful discrimination on the basis of 
disability in programs or activities that receive Federal financial 
assistance from, or are conducted by, a DoD Component. Section 56.31 
has also been added to establish and implement section 508 policy 
regarding the accessibility of DoD information and communication 
technology by individuals with disabilities who are Federal employees 
or members of the public.

B. Applicability

    The proposed rule applies to DoD Components, the programs or 
activities conducted by DoD Components and all recipients of Federal 
financial assistance from any DoD Component.

C. Definitions

    The proposed rule adds and updates definitions of key terms used 
within the text of the rule to reflect the most current Federal law and 
policies under both sections 504 and 508, including terms such as 
disability; information and communication technology; program or 
activity; and video remote interpreting services.

D. Prohibition Against Unlawful Discrimination

    The section regarding prohibition of discrimination has been 
significantly updated to reflect the most current Federal statutes and 
regulations, as well as developments in Supreme Court jurisprudence, 
regarding unlawful discrimination on the basis of disability. 
Consistent with congressional intent, the provisions in the proposed 
rule are consistent with the nondiscrimination provisions in Department 
of Justice (DOJ) regulations implementing title II of the Americans 
with Disabilities Act (applicable to state and local government 
entities).
    Title II and Section 504 are generally understood to impose similar 
requirements, given the similar language employed in the ADA and the 
Rehabilitation Act and the congressional directive that the ADA be 
construed to grant at least as much protection as provided by the 
regulations implementing the Rehabilitation Act. See, e.g., 42 U.S.C. 
12201(a).\2\ Many of

[[Page 43170]]

the proposed changes are intended to conform the regulation's 
provisions to corresponding provisions in the title II regulation, 
which was updated in 2010.
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    \2\ The 1992 Amendments revised the Rehabilitation Act's 
findings, purpose, and policy provisions to incorporate language 
acknowledging the discriminatory barriers faced by persons with 
disabilities, and recognizing that persons with disabilities have 
the right to ``enjoy full inclusion and integration in the economic, 
political, social, cultural and educational mainstream of American 
society.'' 29 U.S.C. 701(a)(3) as amended. The legislative history 
to the 1992 Amendments states ``[t]he statement of purpose and 
policy is a reaffirmation of the precepts of the Americans with 
Disabilities Act, which has been referred to as the 20th century 
emancipation proclamation for individuals with disabilities. It is 
the Committee's intent that these principles guide the policies, 
practices, and procedures developed under all titles of the 
[Rehabilitation] Act.'' S. Rep. 102-357 at 14 (Aug. 3, 1992); H.R. 
Rep. 102-822 at 81 (Aug. 10, 1992).
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    Provisions were added or modified to reflect topics including 
relationship to other laws, self-evaluation, notice, illegal use of 
drugs, maintenance of accessible features, retaliation or coercion, 
personal devices and services, service animals, mobility devices, 
direct threat, program accessibility, and communications.

E. Information and Communication Technology

    Generally, ``electronic and information technology,'' the statutory 
term used in section 508, is referred to as ``information and 
communication technology,'' consistent with the section 508 regulations 
published at 36 CFR part 1194. In the definition of ``auxiliary aids 
and services'' at Sec.  56.4, however, the term ``electronic and 
information technology'' is used in order to provide consistency with 
the Title II regulatory definition at 28 CFR 35.104.

F. Responsibilities of DoD Officials

    The proposed rule makes technical and conforming changes to the 
responsibilities of DoD officials and DoD Components to reflect changes 
in DoD organization structures since 1982 and the added or modified 
responsibilities included in other sections of the proposed rule. For 
example, the proposed rule adds and then specifies the responsibilities 
of the Chief Information Officer regarding policies and procedures 
related to the implementation of section 508 as section 508 did not 
exist in 1982.

G. Responsibilities of Recipients of Federal Financial Assistance

    The proposed rule includes clarifications, updates, and technical 
and conforming changes relating to responsibilities of recipients of 
Federal financial assistance. It clarifies, for example, that a written 
assurance must be submitted by a recipient in accordance with this 
proposed rule or the DoD Grant and Agreement Regulations (DoDGARs) 
issued by the Under Secretary of Defense for Research and Engineering 
(R&E). The clarification reduces burdens on recipients subject to 
DoDGARS.

H. Assurance and Compliance Information and Procedures

    The proposed rule includes clarifications, updates, and technical 
and conforming changes to the policies and procedures applicable to 
``Assurances by Recipients and Compliance Information and Procedures 
Applicable to Recipients.'' For example, provisions specify that the 
assurance must meet the requirements of this rule or DoD Grant and 
Agreement Regulations (DoDGARs) issued by the Under Secretary of 
Defense for Research and Engineering (R&E). This provision was included 
to avoid undue burden on recipients that are subject to DoDGARS. The 
provisions in the proposed rule regarding compliance information and 
procedures have been clarified and updated to reflect current 
approaches regarding: securing compliance, including voluntary 
compliance; conducting periodic compliance reviews; and requests for 
information from and reports by recipients.

I. Complaint Resolution and Enforcement Procedures Applicable to 
Recipients of Federal Financial Assistance

    The proposed rule includes clarifications, updates, and technical 
and conforming changes relating to ``Complaint Resolution and 
Enforcement Procedures Applicable to Recipients.'' For example, under 
the ``applicability'' provision, the proposed rule clarifies that 
complaints concerning employment against DoD Components must be 
processed in accordance with procedures established by the Equal 
Employment Opportunity Commission, and not procedures specified in this 
proposed rule.
    Additional modifications include who may file a complaint; content 
of complaints; maintenance of a log; evaluation of complaints 
(including the addition of criteria for determining good cause for 
rejecting the sufficiency of a complaint); pre-investigation mediation; 
investigation of complaints; preliminary findings and decisions; 
recommended administrative action; and enforcement. Also, the proposed 
rule includes provisions governing coordination with other agencies.

J. Complaint Resolution and Enforcement Procedures Applicable to 
Programs and Activities Conducted by DoD Components

    The proposed rule includes updates, clarifications, and technical 
and conforming changes relating to ``Complaint Resolution and 
Enforcement Procedures Applicable to DoD Components.'' For example, it 
clarifies that these complaint resolution procedures do not apply to 
allegations of employment discrimination, which are subject to other 
procedures applicable to DoD and other Federal agencies. Also, the 
procedures apply to section 508 complaints in addition to section 504 
complaints.
    Additional clarifications and updates relate to who may file a 
complaint; filing of informal complaints; when and how to file 
complaints; acceptance of complaints; maintenance of a log; determining 
which complaints to investigate; reports of investigations; voluntary 
compliance; final administrative decisions; and coordination with other 
agencies. Further, clarifications are included regarding the conduct of 
compliance reviews and the submission of compliance reports.

II. Authority for This Regulatory Action

    Title 29, United States Code. Chapter 16, subchapter V, sections 
794 through 794d, codifies legislation prohibiting discrimination on 
the basis of disability under any program or activity receiving Federal 
financial assistance or under any program or activity conducted by any 
Federal agency, including provisions establishing the United States 
Access Board and requiring Federal agencies to ensure that information 
and communication technology is accessible to and usable by individuals 
with disabilities.
    Title 28, Code of Federal Regulations, Part 41 implements Executive 
Order 12250, which assigns the Department of Justice responsibility to 
coordinate implementation of section 504 of the Rehabilitation Act.

III. Expected Impact of the Proposed Rule

    Finalization of this Department-wide rule will clarify the 
longstanding policy of the Department and do not change the 
Department's practices in addressing issues of discrimination. This 
rule updates the Department's prior regulation to include updated 
accessibility standards for recipients of federal financial assistance 
to be more user-friendly and support individuals with disabilities.

IV. Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 12866 and 13563 direct agencies to assess all cost 
and benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety

[[Page 43171]]

effects, distributive impacts, and equity). Executive Order 13563 
emphasizes the importance of quantifying both cost and benefits, 
reducing cost, harmonizing rules, and promoting flexibility. This rule 
is not a significant regulatory action and has not been reviewed by the 
Office of Management and Budget (OMB).

Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs''

    This rule is not expected to be an E.O. 13771 regulatory action 
because this rule is not significant under E.O. 12866.

2 U.S.C. Ch. 25, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1532) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2014, that threshold is approximately $141 million. This rule will not 
result in the expenditure by state, local, and Tribal governments, in 
the aggregate, or by the private sector, of $141 million or more in any 
one years, and it will not significantly or uniquely affect small 
governments.
    Moreover, section 4(2) of the Unfunded Mandates Reform Act of 1995, 
2 U.S.C. 1503(2), excludes from coverage under that Act any proposed or 
final Federal regulation that ``establishes or enforces any statutory 
rights that prohibit discrimination on the basis of race, color, 
religion, sex, national origin, age, handicap, or disability.'' 
Therefore, this rulemaking is not subject to the provisions of the 
Unfunded Mandates Reform Act.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Ch. 6)

    The Department of Defense certifies that this proposed rule is not 
subject to the Regulatory Flexibility Act because it would not if 
promulgated, have a significant economic impact on a substantial number 
of small entities. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that 32 CFR part 56 does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
These reporting requirements have been approved by OMB and assigned 
four OMB Control Numbers as per OMB Form 83-C: 4040-0001 (Research and 
Related), 4040-0007 (Assurances-Non-Construction Programs, 4040-0010 
(Project Performance Site Locations), and 4040-0013 (Disclosure of 
Lobbying Activities) for Standard Form series 424 (SF-424). SF-424 
refers to a standard form required for use as a cover sheet for 
submission of pre-applications and applications and related information 
under discretionary programs. There are no changes expected in burden 
or content based on the finalization of this rule.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has federalism 
implications. This proposed rule will not have a substantial effect on 
State and local governments.

Executive Order 12250

    Under Executive Order 12250, Executive agencies must submit 
regulations implementing Section 504 of the Rehabilitation Act to the 
Department of Justice to ensure consistent and effective implementation 
of various laws prohibiting discriminatory practices in Federal 
programs and programs receiving Federal financial assistance. This 
proposed rule has been reviewed and cleared by the Department of 
Justice in accordance with Executive Order 12250.

List of Subjects in 32 CFR Part 56

    Administrative practice and procedure, Buildings and facilities, 
Civil rights, Communications, Grant programs, Individuals with 
disabilities, Reporting and recordkeeping requirements.

    Accordingly, 32 CFR part 56 is proposed to be revised to read as 
follows:

PART 56--UNLAWFUL DISCRIMINATION ON THE BASIS OF DISABILITY IN 
PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM, 
OR CONDUCTED BY, THE DOD AND IN ACCESSIBILITY OF INFORMATION AND 
COMMUNICATION TECHNOLOGY

Subpart A--General
Sec.
56.1 Purpose and broad coverage.
56.2 Application.
56.3 Relationship to other laws.
56.4 Definitions.
56.5 Self-evaluation.
56.6 Notice.
Subpart B--General Requirements
56.7 General prohibitions against discrimination.
56.8 Illegal use of drugs.
56.9 Maintenance of accessible features.
56.10 Retaliation or coercion.
56.11 Personal devices and services.
56.12 Service animals.
56.13 Mobility devices.
56.14 Direct threat.
Subpart C--Employment
56.15 Employment discrimination prohibited.
Subpart D--Program Accessibility for Recipients of Federal Financial 
Assistance
56.16 Discrimination prohibited.
56.17 Existing facilities.
56.18 New construction and alterations.
Subpart E--Program Accessibility for Programs and Activities Conducted 
by DoD Components
56.19 Discrimination prohibited.
56.20 Existing facilities.
56.21 New construction and alterations.
Subpart F--Communications
56.22 General.
56.23 Telecommunications.
56.24 Information and signage.
56.25 Duties.
Subpart G--Information and Communication Technology Requirements
56.26 Information and communication technology requirements.
Subpart H--Compliance Procedures
56.27 Responsibilities.
56.28 Assurance requirements and compliance information and 
procedures applicable to recipients of Federal financial assistance.
56.29 Complaint resolution and enforcement procedures applicable to 
recipients of Federal financial assistance.
56.30 Complaint resolution and enforcement procedures applicable to 
programs and activities conducted by DoD components.
56.31 Complaint resolution and enforcement procedures applicable to 
accessibility of information and computer technology.

    Authority:  29 U.S.C. 794-794d, 28 CFR part 41, Executive Order 
12250.

Subpart A--General


Sec.  56.1  Purpose and broad coverage.

    (a) Purpose. (1) The purpose of this part is to implement section 
504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which 
prohibits discrimination on the basis of disability in services, 
programs, and activities receiving Federal financial assistance, or 
conducted by Executive agencies or the United States Postal Service.
    (2) The purpose of this part is also to implement section 508 of 
the

[[Page 43172]]

Rehabilitation Act, as amended, 29 U.S.C. 794d, which requires that 
when Federal departments and agencies develop, procure, maintain, or 
use information and communication technology, they shall ensure 
accessibility by individuals with disabilities who are Federal 
employees or applicants, or members of the public.
    (b) Broad coverage. Consistent with the ADA Amendments Act's 
purpose of reinstating a broad scope of protection under both the ADA 
and section 504, the definition of ``disability'' in this part shall be 
construed broadly in favor of expansive coverage to the maximum extent 
permitted by the terms of section 504. The primary object of attention 
in cases brought under section 504 should be whether the DoD and 
entities receiving federal financial assistance have complied with 
their obligations and whether discrimination has occurred, not whether 
the individual meets the definition of ``disability.'' The question of 
whether an individual meets the definition of ``disability'' under this 
part should not demand extensive analysis.


Sec.  56.2  Application.

    (a) Where applicable to recipients of Federal financial assistance 
from a DoD Component, this part applies to each recipient of Federal 
financial assistance from a DoD Component that provides assistance to 
services, programs, or activities that involve individuals with 
disabilities in the United States. This part also applies to each 
service, program, or activity receiving such assistance that involves 
individuals with disabilities in the United States. This part does not 
apply to recipients of Federal financial assistance from a DoD 
Component that provide assistance to services, programs, or activities 
outside the United States that do not involve individuals with 
disabilities in the United States. In addition, this part does not 
apply to services, programs, or activities outside the United States 
that receive such assistance that do not involve individuals with 
disabilities in the United States.
    (b) Where applicable to recipients of Federal financial assistance 
from a DoD Component, the requirements of this part do not apply to the 
ultimate beneficiaries of any service, program, or activity receiving 
Federal financial assistance.
    (c) Where applicable to services, programs, and activities 
conducted by a DoD Component, this part applies to all services, 
programs, and activities that involve individuals with disabilities in 
the United States. This part does not apply to services, programs, or 
activities conducted outside the United States that do not involve 
individuals with disabilities in the United States.


Sec.  56.3  Relationship to other laws.

    Other laws. This part does not invalidate or limit the remedies, 
rights, and procedures of any other Federal laws, or State or local 
laws (including State common law) that provide greater or equal 
protection for the rights of individuals with disabilities or 
individuals associated with them.


Sec.  56.4  Definitions.

    For purpose of this part, these terms mean the following--
    2004 ADA Accessibility Guidelines (ADAAG). The requirements set 
forth in appendices B and D to 36 CFR part 1191 (2009).
    2010 Standards. The 2010 ADA Standards for Accessible Design, which 
consist of the 2004 ADAAG and the requirements contained in 28 CFR 
35.151.
    Applicant. One who submits an application, request, or plan 
required to be approved by the designated DoD official or by a primary 
recipient, as a condition of eligibility for Federal financial 
assistance.
    Auxiliary aids and services. Includes--
    (1) Qualified interpreters on site or through video remote 
interpreting (VRI) services; note takers; real-time computer-aided 
transcription services; written materials; exchange of written notes; 
telephone handset amplifiers; assistive listening devices; assistive 
listening systems; telephones compatible with hearing aids; closed 
caption decoders; open and closed captioning, including real-time 
captioning; voice, text, and video-based telecommunications products 
and systems, including text telephones (TTYs), videophones, and 
captioned telephones, or equally effective telecommunications devices; 
videotext displays; accessible electronic and information technology; 
or other effective methods of making aurally delivered information 
available to individuals who are deaf or hard of hearing;
    (2) Qualified readers; taped texts; audio recordings; Brailled 
materials and displays; screen reader software; magnification software; 
optical readers; secondary auditory programs (SAP); large print 
materials; accessible electronic and information technology; or other 
effective methods of making visually delivered materials available to 
individuals who are blind or have low vision;
    (3) Acquisition or modification of equipment or devices; and
    (4) Other similar services and actions.
    Award official. The DoD Component official with the authority to 
approve and execute assistance agreements and to take other assistance-
related actions authorized by this part or related DoD regulations.
    Current illegal use of drugs. Illegal use of drugs that occurred 
recently enough to justify a reasonable belief that a person's drug use 
is current or that continuing use is a real and ongoing problem.
    Department of Defense (``DoD'') component. Office of the Secretary 
of Defense, the Military Departments, the Office of the Chairman of the 
Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the 
Office of the Inspector General of the Department of Defense, the 
Defense Agencies, the DoD Field Activities, and all other 
organizational entities within the DoD.
     Direct threat. (1) Except as provided in paragraph (2) of this 
definition, a significant risk of substantial harm to the health or 
safety of others that cannot be eliminated by a modification of 
policies, practices or procedures, or by the provision of auxiliary 
aids or services as provided in Sec.  56.11.
    (2) With respect to employment as provided in Sec.  56.15, the term 
as defined by the Equal Employment Opportunity Commission's regulation 
implementing title I of the Americans with Disabilities Act of 1990, at 
29 CFR 1630.2(r).
    Disability. With respect to an individual:
    (1) A physical or mental impairment that substantially limits one 
or more of the major life activities of such individual;
    (2) A record of such an impairment; or
    (3) Being regarded as having such an impairment, as described in 28 
CFR 35.108(f).
    Drug. A controlled substance, as defined in schedules I through V 
of section 202 of the Controlled Substances Act (21 U.S.C. 812).
    Existing facility. A facility in existence on any given date, 
without regard to whether the facility may also be considered newly 
constructed or altered under this part.
    Facility. All or any portion of buildings, structures, sites, 
complexes, equipment, rolling stock or other conveyances, roads, walks, 
passageways, parking lots, or other real or personal property, 
including the site where the building, property, structure, or 
equipment is located.
    Federal financial assistance. Any grant, cooperative agreement, 
loan,

[[Page 43173]]

contract (other than a direct Federal procurement contract or a 
contract of insurance or guaranty), subgrant, contract under a grant or 
any other arrangement by which the DoD Component provides or otherwise 
makes available assistance in the form of:
    (1) Funds;
    (2) Services of Federal personnel;
    (3) Real and personal property or any interest in or use of such 
property, including:
    (i) Transfers or leases of such property for less than fair market 
value or for reduced consideration; and
    (ii) Proceeds from a subsequent transfer or lease of such property 
if the Federal share of its fair market value is not returned to the 
Federal Government;
    (4) Any other thing of value by way of grant, loan, contract or 
cooperative agreement.
    Historic preservation programs. Programs conducted by a recipient 
or DoD Component that have preservation of historic properties as a 
primary purpose.
    Historic properties. Those properties that are listed or eligible 
for listing in the National Register of Historic Places or properties 
designated as historic under State or local law.
    Illegal use of drugs. The use of one or more drugs, the possession 
or distribution of which is unlawful under the Controlled Substances 
Act (21 U.S.C. 812). The term illegal use of drugs does not include the 
use of a drug taken under supervision by a licensed health care 
professional, or other uses authorized by the Controlled Substances Act 
or other provisions of Federal law.
    Individual with a disability. A person who has a disability. The 
term individual with a disability does not include an individual who is 
currently engaging in the illegal use of drugs, when the recipient or 
DoD Component acts on the basis of such use.
    Information and communication technology (formerly referred to as 
electronic and information technology). Information technology and 
other equipment, systems, technologies, or processes, for which the 
principal function is the creation, manipulation, storage, display, 
receipt, or transmission of electronic data and information, as well as 
any associated content. Examples of ICT include, but are not limited 
to: Computers and peripheral equipment; information kiosks and 
transaction machines; telecommunications equipment; customer premises 
equipment; multifunction office machines; software; applications; 
websites; videos; and electronic documents.
    Other power-driven mobility device. Any mobility device powered by 
batteries, fuel, or other engines--whether or not designed primarily 
for use by individuals with mobility disabilities--that is used by 
individuals with mobility disabilities for the purpose of locomotion, 
including golf cars, electronic personal assistance mobility devices 
(EPAMDs), such as the Segway[supreg] PT, or any mobility device 
designed to operate in areas without defined pedestrian routes, but 
that is not a wheelchair within the meaning of this section.
    Program or activity receiving Federal financial assistance. All of 
the operations of any entity described in paragraphs (1) through (4) of 
this definition, any part of which is extended Federal financial 
assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other 
State or local government entity) to which the assistance is extended, 
in the case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, 
or a public system of higher education, or
    (ii) A local educational agency (as defined in 20 U.S.C. 7801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraphs (1), (2), or (3) of this definition.
    Qualified individual with a disability. (1) Except as provided in 
paragraph (2) of this definition, an individual with a disability who, 
with or without reasonable modifications to rules, policies, or 
practices, the removal of architectural, communication, or 
transportation barriers, or the provision of auxiliary aids and 
services, meets the essential eligibility requirements for the receipt 
of services or the participation in programs or activities provided by 
a recipient or DoD Component; and
    (2) With respect to employment, the definition of ``qualified'' in 
the Equal Employment Opportunity Commission's regulation implementing 
title I of the Americans with Disabilities Act of 1990, at 29 CFR 
1630.2(m), applies to this part.
    Qualified interpreter. An interpreter who, via a video remote 
interpreting (VRI) service or an on-site appearance, is able to 
interpret effectively, accurately, and impartially, both receptively 
and expressively, using any necessary specialized vocabulary. Qualified 
interpreters include, for example, sign language interpreters, oral 
transliterators, and cued-language transliterators.
    Qualified reader. A person who is able to read effectively, 
accurately, and impartially using any necessary specialized vocabulary.
    Recipient. Any State or unit of local government, any 
instrumentality of a State or unit of local government, any public or 
private agency, institution, organization, or other entity, or any 
person to which Federal financial assistance is extended directly or 
through another recipient, including any successor, assignee, or 
transferee of a recipient, but excluding the ultimate beneficiary of 
the assistance.
    Section 504. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 
93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended.
    Section 508. Section 508 of the Rehabilitation Act of 1973 (Pub. L. 
93-112, Title V, section 508, as added Pub. L. 99-506, Title VI, 
section 603(a), Oct. 21, 1986, 100 Stat. 1830), as amended.
    Revised 508 standards. The standards for information communication 
technology (ICT) developed, procured, maintained, or used by agencies 
subject to Section 508 of the Rehabilitation Act as set forth in 
Chapters 1 and 2 (36 CFR part 1194, appendix A), and Chapters 3 through 
7 (36 CFR part 1194, appendix C).
    Service animal. Any dog that is individually trained to do work or 
perform tasks for the benefit of an individual with a disability, 
including a physical, sensory, psychiatric, intellectual, or other 
mental disability. Other species of animals, whether wild or domestic, 
trained or untrained, are not service animals for the purposes of this 
definition. The work or tasks performed by a service animal must be

[[Page 43174]]

directly related to the individual's disability. Examples of work or 
tasks include, but are not limited to, assisting individuals who are 
blind or have low vision with navigation and other tasks, alerting 
individuals who are deaf or hard of hearing to the presence of people 
or sounds, providing non-violent protection or rescue work, pulling a 
wheelchair, assisting an individual during a seizure, alerting 
individuals to the presence of allergens, retrieving items such as 
medicine or the telephone, providing physical support and assistance 
with balance and stability to individuals with mobility disabilities, 
and helping persons with psychiatric and neurological disabilities by 
preventing or interrupting impulsive or destructive behaviors. The 
crime deterrent effects of an animal's presence and the provision of 
emotional support, well-being, comfort, or companionship do not 
constitute work or tasks for the purposes of this definition.
    State. Each of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin 
Islands, and the Commonwealth of the Northern Mariana Islands.
    Subrecipient. Any of the entities in the definition of 
``recipient'' to which a recipient extends or passes on Federal 
financial assistance. A subrecipient is generally regarded as a 
recipient and has all of the duties of a recipient.
    Ultimate beneficiary. One among a class of persons who are entitled 
to benefit from, or otherwise participate in, a program or activity 
receiving Federal financial assistance and to whom the protections of 
this part extend. The ultimate beneficiary class may be the general 
public or some narrower group of persons.
    Video remote interpreting (VRI) service. An interpreting service 
that uses video conference technology over dedicated lines or wireless 
technology offering high-speed, wide-bandwidth video connection that 
delivers high-quality video images as provided in Sec.  56.22(d).
    Wheelchair. A manually-operated or power-driven device designed 
primarily for use by an individual with a mobility disability for the 
main purpose of indoor, or of both indoor and outdoor locomotion. This 
definition does not apply to Federal wilderness areas; wheelchairs in 
such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 
12207(c)(2).


Sec.  56.5  Self-evaluation.

    Each recipient shall, within 6 months of first receiving Federal 
financial assistance:
    (a) Evaluate its policies and practices to evaluate whether such 
policies and practices may involve discrimination on the basis of 
disability. The self-evaluation must contain a description of:
    (1) Any areas examined and any problems identified within those 
areas.
    (2) Any modification made or remedial steps taken to remedy any 
discrimination on the basis of disability.
    (b) Modify any policies or practices not meeting the requirements 
of section 504 of the Rehabilitation Act and this part or the DoD 
Component's policies.
    (c) Provide an opportunity to interested persons, including 
individuals with disabilities or organizations representing individuals 
with disabilities, to participate in the self-evaluation process by 
submitting comments.
    (d) Take the appropriate remedial steps to eliminate the 
discriminatory effects of any such policies or practices.
    (e) Maintain the self-evaluation for a period of three years 
following its completion and make it available to the DoD Component 
award official and the public, should they request it within the three-
year period.


Sec.  56.6  Notice.

    A recipient or DoD Component shall make available to employees, 
applicants, participants, beneficiaries, and other interested persons 
information regarding the provisions of this part and its applicability 
to the services, programs, or activities of the recipient or DoD 
Component, and make such information available to them in such manner 
as the head of the DoD finds necessary to apprise such persons of the 
protections against discrimination assured them by section 504 and this 
part.

Subpart B--General Requirements


Sec.  56.7  General prohibitions against discrimination.

    (a) No qualified individual with a disability shall, solely on the 
basis of disability, be excluded from participation in or be denied the 
benefits of the services, programs, or activities of a recipient or a 
DoD Component, or be subjected to discrimination by any recipient or 
DoD Component.
    (b) A recipient or DoD Component, in providing any aid, benefit, or 
service, may not, directly or through contractual, licensing, or other 
arrangements, on the basis of disability--
    (1) Deny a qualified individual with a disability an opportunity to 
participate in or benefit from the aid, benefit, or service;
    (2) 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;
    (3) Provide a qualified individual with a disability 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;
    (4) Provide different or separate aids, benefits, or services to 
individuals with disabilities or to any class of individuals with 
disabilities than is provided to others unless such action is necessary 
to provide qualified individuals with disabilities with aids, benefits, 
or services that are as effective as those provided to others;
    (5) Aid or perpetuate discrimination against a qualified individual 
with a disability by providing significant assistance to an agency, 
organization, or person that discriminates on the basis of disability 
in providing any aid, benefit, or service to beneficiaries of the 
recipient's program;
    (6) Deny a qualified individual with a disability the opportunity 
to participate as a member of planning or advisory boards;
    (7) 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.
    (c) A recipient or DoD Component may not deny a qualified 
individual with a disability the opportunity to participate in 
services, programs, or activities that are not separate or different, 
despite the existence of permissibly separate or different programs or 
activities.
    (d) A recipient or DoD Component may not, directly or through 
contractual or other arrangements, utilize criteria or methods of 
administration--
    (1) That have the effect of subjecting qualified individuals with 
disabilities to discrimination on the basis of disability;
    (2) That have the purpose or effect of defeating or substantially 
impairing accomplishment of the objectives of the recipient's or DoD 
Component's program with respect to individuals with disabilities; or
    (3) That perpetuate the discrimination of another recipient if both 
recipients are subject to common administrative control or are agencies 
of the same State.
    (e) A recipient or DoD Component may not, in determining the site 
or location of a facility, make selections--
    (1) That have the effect of excluding individuals with disabilities 
from,

[[Page 43175]]

denying them the benefits of, or otherwise subjecting them to 
discrimination; or
    (2) That have the purpose or effect of defeating or substantially 
impairing the accomplishment of the objectives of the service, program, 
or activity with respect to individuals with disabilities.
    (f) A recipient or DoD Component, in the selection of procurement 
contractors, may not use criteria that subject qualified individuals 
with disabilities to discrimination on the basis of disability.
    (g) A recipient or DoD Component may not administer a licensing or 
certification program in a manner that subjects qualified individuals 
with disabilities to discrimination on the basis of disability, nor may 
a recipient or DoD Component establish requirements for the programs or 
activities of licensees or certified entities that subject qualified 
individuals with disabilities to discrimination on the basis of 
disability. The programs or activities of entities that are licensed or 
certified by a recipient or DoD Component are not, themselves, covered 
by this part.
    (h) A recipient or DoD Component shall make reasonable 
modifications in policies, practices, or procedures when the 
modifications are necessary to avoid discrimination on the basis of 
disability, unless the recipient or DoD Component can demonstrate that 
making the modifications would fundamentally alter the nature of the 
service, program, or activity or result in undue financial and 
administrative burdens.
    (i) A recipient or DoD Component is not required to provide a 
reasonable modification to an individual who meets the definition of 
``disability'' solely under the ``regarded as'' prong of the definition 
of disability at 28 CFR 35.108(a)(1)(iii).
    (j) A recipient or DoD Component shall not impose or apply 
eligibility criteria that screen out or tend to screen out an 
individual with a disability or any class of individuals with 
disabilities from fully and equally enjoying any service, program, or 
activity, unless such criteria can be shown to be necessary for the 
provision of the service, program, or activity being offered.
    (k) Nothing in this part prohibits a recipient or DoD Component 
from providing benefits, services, or advantages to individuals with 
disabilities, or to a particular class of individuals with disabilities 
beyond those required by this part.
    (l) A recipient or DoD Component shall administer services, 
programs, and activities in the most integrated setting appropriate to 
the needs of qualified individuals with disabilities.
    (m)(1) Nothing in this part shall be construed to require an 
individual with a disability to accept an accommodation, aid, service, 
opportunity, or benefit provided under section 504 or this part which 
such individual chooses not to accept.
    (2) Nothing in section 504 or this part authorizes the 
representative or guardian of an individual with a disability to 
decline food, water, medical treatment, or medical services for that 
individual.
    (n) A recipient or DoD Component may not place a surcharge on a 
particular individual with a disability or any group of individuals 
with disabilities to cover the costs of measures, such as the provision 
of auxiliary aids or program accessibility, that are required to 
provide that individual or group with the nondiscriminatory treatment 
required by section 504 or this part.
    (o) A recipient or DoD Component shall not exclude or otherwise 
deny equal services, programs, or activities to an individual or entity 
because of the known disability of an individual with whom the 
individual or entity is known to have a relationship or association.
    (p) A recipient or DoD Component may impose legitimate safety 
requirements necessary for the safe operation of its services, 
programs, or activities. However, the recipient or DoD Component must 
ensure that its safety requirements are based on actual risks, not on 
mere speculation, stereotypes, or generalizations about individuals 
with disabilities.
    (q) Nothing in this part shall provide the basis for a claim that 
an individual without a disability was subject to discrimination 
because of a lack of disability, including a claim that an individual 
with a disability was granted a reasonable modification that was denied 
to an individual without a disability.
    (r) The exclusion of individuals without disabilities from the 
benefits of a program limited by federal statute or Executive order to 
individuals with disabilities or the exclusion of a specific class of 
individuals with disabilities from a program limited by federal statute 
or Executive order to a different class of individuals with 
disabilities is not prohibited by this part.


Sec.  56.8  Illegal use of drugs.

    (a) General. (1) Except as provided in paragraph (b) of this 
section, this part does not prohibit discrimination against an 
individual based on that individual's current illegal use of drugs.
    (2) A recipient or DoD Component shall not discriminate on the 
basis of illegal use of drugs against an individual who is not engaging 
in current illegal use of drugs and who--
    (i) Has successfully completed a supervised drug rehabilitation 
program or has otherwise been rehabilitated successfully;
    (ii) Is participating in a supervised rehabilitation program; or
    (iii) Is erroneously regarded as engaging in such use.
    (b) Health and drug rehabilitation services. (1) A recipient or DoD 
Component shall not deny health services, or services provided in 
connection with drug rehabilitation, to an individual on the basis of 
that individual's current illegal use of drugs, if the individual is 
otherwise entitled to such services.
    (2) A drug rehabilitation or treatment program may deny 
participation to individuals who engage in illegal use of drugs while 
they are in the program.
    (c) Drug testing. (1) This part does not prohibit a recipient or 
DoD Component from adopting or administering reasonable drug testing 
policies or procedures, including, but not limited, to drug testing, 
designed to ensure that an individual who formerly engaged in the 
illegal use of drugs is not now engaging in the illegal use of drugs.
    (2) Nothing in paragraph (c)(1) of this section will be construed 
to encourage, prohibit, restrict, or authorize the conduct of testing 
for the illegal use of drugs.


Sec.  56.9  Maintenance of accessible features.

    (a) A recipient or DoD Component shall maintain in operable working 
condition those features of facilities and equipment that are required 
to be readily accessible to and usable by persons with disabilities, in 
accordance by section 504 or this part.
    (b) This section does not prohibit isolated or temporary 
interruptions in service or access due to maintenance or repairs.
    (c) For a recipient, if the 2010 Standards reduce the technical 
requirements or the number of required accessible elements below the 
number required by UFAS, the technical requirements or the number of 
accessible elements in a facility subject to this part may be reduced 
in accordance with the requirements of the 2010 Standards.


Sec.  56.10  Retaliation or coercion.

    (a) No recipient or DoD Component shall discriminate against any 
individual because that individual has opposed any act or practice made

[[Page 43176]]

unlawful by this part, or because that individual made a charge, 
testified, assisted, or participated in any manner in an investigation, 
proceeding, or hearing under section 504 or this part.
    (b) No recipient or DoD Component shall coerce, intimidate, 
threaten, or interfere with any individual in the exercise or enjoyment 
of, or on account of his or her having exercised or enjoyed, or on 
account of his or her having aided or encouraged any other individual 
in the exercise or enjoyment of, any right granted or protected by 
section 504 or this part.


Sec.  56.11  Personal devices and services.

    This part does not require a recipient or DoD Component to provide 
to individuals with disabilities personal devices, such as wheelchairs; 
individually prescribed devices, such as prescription eyeglasses or 
hearing aids; readers for personal use or study; or services of a 
personal nature including assistance in eating, toileting, or dressing.


Sec.  56.12  Service animals.

    (a) General. Generally, a recipient or DoD Component shall modify 
its policies, practices, or procedures to permit the use of a service 
animal by an individual with a disability.
    (b) Exceptions. The recipient or DoD Component may ask an 
individual with a disability to remove a service animal from the 
premises if--
    (1) The animal is out of control and the animal's handler does not 
take effective action to control it; or
    (2) The animal is not housebroken.
    (c) If an animal is properly excluded. If a recipient or DoD 
Component properly excludes a service animal under Sec.  56.12, it 
shall give the individual with a disability the opportunity to 
participate in the service, program, or activity without having the 
service animal on the premises.
    (d) Animal under handler's control. A service animal shall be under 
the control of its handler. A service animal shall have a harness, 
leash, or other tether, unless either the handler is unable because of 
a disability to use a harness, leash, or other tether, or the use of a 
harness, leash, or other tether would interfere with the service 
animal's safe, effective performance of work or tasks, in which case 
the service animal must be otherwise under the handler's control (e.g., 
voice control, signals, or other effective means).
    (e) Care or supervision. A recipient or DoD Component is not 
responsible for the care or supervision of a service animal.
    (f) Inquiries. A recipient or DoD Component shall not ask about the 
nature or extent of a person's disability, but may make two inquiries 
to determine whether an animal qualifies as a service animal. A 
recipient or DoD Component may ask if the animal is required because of 
a disability and what work or task the animal has been trained to 
perform. A recipient or DoD Component shall not require documentation, 
such as proof that the animal has been certified, trained, or licensed 
as a service animal. Generally, a recipient or DoD Component may not 
make these inquiries about a service animal when it is readily apparent 
that an animal is trained to do work or perform tasks for an individual 
with a disability (e.g., the dog is observed guiding an individual who 
is blind or has low vision, pulling a person's wheelchair, or providing 
assistance with stability or balance to an individual with an 
observable mobility disability).
    (g) Access to areas of a recipient or DoD Component. Individuals 
with disabilities shall be permitted to be accompanied by their service 
animals in all areas of a recipient or DoD Component's facilities where 
members of the public, participants in services, programs or 
activities, or invitees, as relevant, are allowed to go.
    (h) Surcharges. A recipient or DoD Component shall not ask or 
require an individual with a disability to pay a surcharge, even if 
people accompanied by pets are required to pay fees, or to comply with 
other requirements generally not applicable to people without pets. If 
the recipient or DoD Component normally charges individuals for the 
damage they cause, an individual with a disability may be charged for 
damage caused by his or her service animal.
    (i) Miniature horses. (1) Reasonable modifications. A recipient or 
DoD Component shall make reasonable modifications in policies, 
practices, or procedures to permit the use of a miniature horse by an 
individual with a disability if the miniature horse has been 
individually trained to do work or perform tasks for the benefit of the 
individual with a disability.
    (2) Assessment factors. In determining whether reasonable 
modifications in policies, practices, or procedures can be made to 
allow a miniature horse into a specific facility, a recipient or DoD 
Component shall consider--
    (i) The type, size, and weight of the miniature horse and whether 
the facility can accommodate these features;
    (ii) Whether the handler has sufficient control of the miniature 
horse;
    (iii) Whether the miniature horse is housebroken; and
    (iv) Whether the miniature horses' presence in a specific facility 
compromises legitimate safety requirements that are necessary for safe 
operation.
    (3) Other requirements. Paragraphs (c) through (h) of this section, 
which apply to service animals, shall also apply to miniature horses.


Sec.  56.13  Mobility devices.

    (a) A recipient or DoD Component shall permit individuals with 
mobility disabilities to use wheelchairs and manually-powered mobility 
aids, such as walkers, crutches, canes, braces, or other similar 
devices designed for use by individuals with mobility disabilities in 
any areas open to pedestrian use.
    (b)(1) Use of other power-driven mobility devices. A recipient or 
DoD Component shall make reasonable modifications in its policies, 
practices, or procedures to permit the use of other power-driven 
mobility devices by individuals with mobility disabilities, unless the 
recipient or DoD Component can demonstrate that the class of other 
power-driven mobility devices cannot be operated in accordance with 
legitimate safety requirements that the recipient or DoD Component has 
adopted pursuant to Sec.  56.13.
    (2) Assessment factors. In determining whether a particular other 
power-driven mobility device can be allowed in a specific facility as a 
reasonable modification under paragraph (b)(1) of this section, a 
recipient or DoD Component shall consider--
    (i) The type, size, weight, dimensions, and speed of the device;
    (ii) The facility's volume of pedestrian traffic (which may vary at 
different times of the day, week, month, or year);
    (iii) The facility's design and operational characteristics (e.g., 
whether its service, program, or activity is conducted indoors, its 
square footage, the density and placement of stationary devices, and 
the availability of storage for the device, if requested by the user);
    (iv) Whether legitimate safety requirements can be established to 
permit the safe operation of the other power-driven mobility device in 
the specific facility; and
    (v) Whether the use of the other power-driven mobility device 
creates a substantial risk of serious harm to the immediate environment 
or natural or cultural resources, or poses a conflict with Federal land 
management laws and regulations.
    (c)(1) Inquiry about disability. A recipient or DoD Component shall 
not ask an individual using a wheelchair or

[[Page 43177]]

other power-driven mobility device questions about the nature and 
extent of the individual's disability.
    (2) Inquiry into use of other power-driven mobility device. A 
recipient or DoD Component may ask a person using another power-driven 
mobility device to provide a credible assurance that the mobility 
device is required because of the person's disability. The recipient or 
DoD Component that permits the use of another power-driven mobility 
device by an individual with a mobility disability shall accept the 
presentation of a valid, State-issued, disability parking placard or 
card, or other State-issued proof of disability as a credible assurance 
that the use of the other power-driven mobility device is for the 
individual's mobility disability. In lieu of a valid, State-issued 
disability parking placard or card, or State-issued proof of 
disability, the recipient or DoD Component shall accept as a credible 
assurance a verbal representation, not contradicted by observable fact, 
that the other power-driven mobility device is being used for a 
mobility disability. A ``valid'' disability placard or card is one that 
is presented by the individual to whom it was issued and is otherwise 
in compliance with the State of issuance's requirements for disability 
placards or cards.


Sec.  56.14  Direct threat.

    (a) This part does not require a recipient or DoD Component to 
permit an individual to participate in or benefit from the services, 
programs, or activities of that recipient or DoD Component when that 
individual poses a direct threat to the health or safety of others.
    (b) In determining whether an individual poses a direct threat to 
the health or safety of others, a recipient or DoD Component must make 
an individualized assessment, based on reasonable judgment that relies 
on current medical knowledge or on the best available objective 
evidence, to ascertain: The nature, duration, and severity of the risk; 
the probability that the potential injury will actually occur; and 
whether reasonable modifications of policies, practices, or procedures, 
or the provision of auxiliary aids or services will mitigate the risk.

Subpart C--Employment


Sec.  56.15  Employment discrimination prohibited.

    (a) No qualified individual with a disability shall, on the basis 
of disability, be subjected to discrimination in employment under any 
service, program, or activity receiving Federal financial assistance 
from or conducted by a DoD Component.
    (b) The standards used to determine whether paragraph (a) of this 
section has been violated shall be the standards applied under Title I 
of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12111 
et seq., and, as such sections relate to employment, the provisions of 
sections 501 through 504 and 511 of the ADA of 1990, as amended 
(codified at 42 U.S.C. 12201-12204, 12210), as implemented in the Equal 
Employment Opportunity Commission's regulation at 29 CFR part 1630.

Subpart D--Program Accessibility for Recipients of Federal 
Financial Assistance


Sec.  56.16  Discrimination prohibited.

    Except as otherwise provided in Sec.  56.17, no qualified 
individual with a disability shall, because a recipient's facilities 
are inaccessible to or unusable by individuals with disabilities, be 
excluded from participation in, or be denied the benefits of the 
services, programs, or activities of a recipient of Federal financial 
assistance from a DoD Component, or be subjected to discrimination by 
any recipient.


Sec.  56.17  Existing facilities.

    (a) General. A recipient shall operate each service, program, or 
activity so that the service, program, or activity, when viewed in its 
entirety, is readily accessible to and usable by individuals with 
disabilities. This paragraph does not--
    (1) Necessarily require a recipient to make each of its existing 
facilities accessible to and usable by individuals with disabilities;
    (2) Require a recipient to take any action that would threaten or 
destroy the historic significance of an historic property; or
    (3) Require a recipient to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a service, 
program, or activity or in undue financial and administrative burdens. 
In those circumstances where personnel of the recipient believes that 
the proposed action would fundamentally alter the service, program, or 
activity or would result in undue financial and administrative burdens, 
the recipient has the burden of proving that compliance with Sec.  
56.18(a) would result in such alteration or burdens. The decision that 
compliance would result in such alteration or burdens must be made by 
the head of the recipient after considering all resources available for 
use in the funding and operation of the service, 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 recipient shall take any other action 
that would not result in such an alteration or such burdens but would 
nevertheless ensure that individuals with disabilities receive the 
benefits or services provided by the recipient.
    (b) Methods--(1) General. A recipient may comply with these 
requirements through such means as redesign or acquisition 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 
other conveyances, or any other methods that result in making its 
services, programs, or activities readily accessible to and usable by 
individuals with disabilities. A recipient is not required to make 
structural changes in existing facilities where other methods are 
effective in achieving compliance with this section. A recipient, in 
making alterations to existing buildings, shall meet the accessibility 
requirements of Sec.  56.18(c). In choosing among available methods for 
meeting the requirements of this section, a recipient shall give 
priority to those methods that offer services, programs, and activities 
to qualified individuals with disabilities in the most integrated 
setting appropriate.
    (2) Safe harbor. Elements that have not been altered in existing 
facilities on or after November 5, 2019, and that comply with the 
corresponding technical and scoping specifications for those elements 
in the Uniform Federal Accessibility Standards (UFAS), appendix A to 41 
CFR 101-19.6 (July 1, 2002 ed.), 49 FR 31528, app. A (Aug. 7, 1984), 
are not required to be modified in order to comply with the 
requirements set forth in the 2010 Standards.
    (3) Historic preservation programs. In meeting the requirements of 
Sec.  56.17 in historic preservation programs, a recipient shall give 
priority to methods that provide physical access to individuals with 
disabilities. In cases where a physical alteration to an historic 
property is not required because of paragraph (a)(2) or (3) of this 
section, 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;

[[Page 43178]]

    (ii) Assigning persons to guide individuals with disabilities into 
or through portions of historic properties that cannot otherwise be 
made accessible; or
    (iii) Adopting other innovative methods.
    (c) Time period for compliance. When structural changes are 
necessary to make programs or activities in existing facilities 
accessible to the extent required by this section, such changes shall 
be made as soon as practicable, but not later than 3 years after June 
1, 1982.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, a 
recipient that employs 50 or more persons shall develop, with the 
assistance of interested persons or organizations and within a period 
to be established in each DoD Component's guidelines, a transition plan 
setting out the steps necessary to complete the changes.
    (1) A copy of the transition plan shall be made available for 
public inspection.
    (2) The plan shall, at a minimum:
    (i) Identify physical obstacles in the recipient's facilities that 
limit the accessibility of its programs or activities to individuals 
with disabilities;
    (ii) Describe in detail the methods that will be used to make the 
facilities accessible;
    (iii) 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
    (iv) Identify the official responsible for implementation of the 
plan.


Sec.  56.18  New construction and alterations.

    (a) Design and construction. Each facility or part of a facility 
constructed by, on behalf of, or for the use of a recipient shall be 
designed and constructed in such manner that the facility or part of 
the facility is readily accessible to and usable by individuals with 
disabilities, if the construction was commenced after June 1, 1982.
    (b) Alterations. Each facility or part of a facility altered by, on 
behalf of, or for the use of a recipient in a manner that affects or 
could affect the usability of the facility or part of the facility 
shall, to the maximum extent feasible, be altered in such manner that 
the altered portion of the facility is readily accessible to and usable 
by individuals with disabilities, if the alteration was commenced after 
June 1, 1982.
    (c) Accessibility standards and compliance dates for recipients 
that are public entities. (1) If physical construction or alterations 
commence after June 1, 1982, but before [EFFECTIVE DATE OF THE FINAL 
RULE], then new construction and alterations subject to this section 
must comply with UFAS. Departures from particular requirements of UFAS 
by the use of other methods shall be permitted when it is clearly 
evident that equivalent access to the facility or part of the facility 
is thereby provided.
    (2) If physical construction or alterations commence on or after 
[EFFECTIVE DATE OF THE FINAL RULE], but before [DATE ONE YEAR AFTER 
EFFECTIVE DATE OF THE FINAL RULE], then new construction and 
alterations subject to this section may comply with either UFAS or the 
2010 Standards. Departures from particular requirements of either 
standard by the use of other methods shall be permitted when it is 
clearly evident that equivalent access to the facility or part of the 
facility is thereby provided.
    (3) If physical construction or alterations commence on or after 
[DATE ONE YEAR FROM EFFECTIVE DATE OF THE FINAL RULE], then new 
construction and alterations subject to this section shall comply with 
the 2010 Standards.
    (4) For the purposes of this section, ceremonial groundbreaking or 
razing of structures prior to site preparation do not commence physical 
construction or alterations.
    (d) Accessibility standards and compliance dates for recipients 
that are private entities.
    (1) New construction and alterations subject to this section shall 
comply with UFAS if the date when the last application for a building 
permit or permit extension is certified to be complete by a State, 
county, or local government (or, in those jurisdictions where the 
government does not certify completion of applications, if the date 
when the last application for a building permit or permit extension is 
received by the State, county, or local government) is before 
[EFFECTIVE DATE OF THE FINAL RULE], or if no permit is required, if the 
start of physical construction or alterations occurs before [EFFECTIVE 
DATE OF THE FINAL RULE].
    (2) New construction and alterations subject to this section shall 
comply either with UFAS or the 2010 Standards if the date when the last 
application for a building permit or permit extension is certified to 
be complete by a State, county, or local government (or, in those 
jurisdictions where the government does not certify completion of 
applications, if the date when the last application for a building 
permit or permit extension is received by the State, county, or local 
government) is on or after [EFFECTIVE DATE OF THE FINAL RULE], and 
before [DATE ONE YEAR FROM EFFECTIVE DATE OF THE FINAL RULE], or if no 
permit is required, if the start of physical construction or 
alterations occurs on or after [EFFECTIVE DATE OF THE FINAL RULE], and 
before [DATE ONE YEAR FROM EFFECTIVE DATE OF THE FINAL RULE].
    (3) New construction and alterations subject to this section shall 
comply with the 2010 Standards if the date when the last application 
for a building permit or permit extension is certified to be complete 
by a State, county, or local government (or, in those jurisdictions 
where the government does not certify completion of applications, if 
the date when the last application for a building permit or permit 
extension is received by the State, county, or local government) is on 
or after [EFFECTIVE DATE OF THE FINAL RULE], or if no permit is 
required, if the start of physical construction or alterations occurs 
on or after [DATE ONE YEAR FROM EFFECTIVE DATE OF THE FINAL RULE].
    (4) For the purposes of this section, ceremonial groundbreaking or 
razing of structures prior to site preparation do not commence physical 
construction or alterations.
    (e) Noncomplying new construction and alterations. (1) Newly 
constructed or altered facilities or elements covered by Sec. Sec.  
56.18(a) and (b) that were constructed or altered before [EFFECTIVE 
DATE OF THE FINAL RULE], and that do not comply with UFAS, shall before 
[DATE ONE YEAR FROM EFFECTIVE DATE OF THE FINAL RULE], be made 
accessible in accordance with either UFAS or the 2010 Standards.
    (2) Newly constructed or altered facilities or elements covered by 
Sec. Sec.  56.18(a) and (b) that were constructed or altered before 
[EFFECTIVE DATE OF THE FINAL RULE] and that do not comply with UFAS 
shall, on or after [DATE ONE YEAR FROM EFFECTIVE DATE OF THE FINAL 
RULE], be made accessible in accordance with the 2010 Standards.
    (3) New construction and alterations of buildings or facilities 
undertaken in compliance with the 2010 Standards will comply with the 
scoping and technical requirements for a ``public building or 
facility'' regardless of whether the recipient is a public entity as 
defined in 28 CFR 35.104 or a private entity.

[[Page 43179]]

    (f) Compliance with the Architectural Barriers Act of 1968. Nothing 
in this section relieves recipients whose facilities are covered by the 
Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), 
from their responsibility of complying with the requirements of that 
Act and any implementing regulations.
    (g) Mechanical rooms. For purposes of this section, section 
4.1.6(1)(g) of UFAS will be interpreted to exempt from the requirements 
of UFAS only mechanical rooms and other spaces that, because of their 
intended use, will not require accessibility to the public or 
beneficiaries or result in the employment or residence therein of 
individuals with physical disabilities.

Subpart E--Program Accessibility for Programs and Activities 
Conducted by DoD Components


Sec.  56.19  Discrimination prohibited.

    Except as otherwise provided in Sec.  56.20, no qualified 
individual with a disability shall, because a DoD Component's 
facilities are inaccessible to or unusable by individuals with 
disabilities, be excluded from participation in, or be denied the 
benefits of the services, programs, or activities conducted by a DoD 
Component, or be subjected to discrimination by any DoD Component.


Sec.  56.20  Existing facilities.

    (a) General. A DoD Component shall operate each service, program, 
or activity so that the service, program, or activity, when viewed in 
its entirety, is readily accessible to and usable by individuals with 
disabilities. This paragraph does not--
    (1) Necessarily require a DoD Component to make each of its 
existing facilities accessible to and usable by individuals with 
disabilities;
    (2) Require a DoD Component to take any action that would threaten 
or destroy the historic significance of an historic property; or
    (3) Require a DoD Component to take any action that it can 
demonstrate would result in a fundamental alteration in the nature of a 
service, program, or activity, or in undue financial and administrative 
burdens. In those circumstances where personnel of the DoD Component 
believe that the proposed action would fundamentally alter the service, 
program, or activity or would result in undue financial and 
administrative burdens, the DoD Component has the burden of proving 
that compliance with Sec.  56.20(a) would result in such alteration or 
burdens. The decision that compliance would result in such alteration 
or burdens must be made by the head of the DoD Component after 
considering all resources available for use in the funding and 
operation of the service, 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 DoD 
Component shall take any other action that would not result in such an 
alteration or such burdens but would nevertheless ensure that 
individuals with disabilities receive the benefits or services provided 
by the DoD Component.
    (b) Methods--(1) General. A DoD Component may comply with the 
requirements of this section through such means as redesign or 
acquisition 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 other conveyances, or any other methods that result in 
making its services, programs, or activities readily accessible to and 
usable by individuals with disabilities. A DoD Component is not 
required to make structural changes in existing facilities where other 
methods are effective in achieving compliance with this section. A DoD 
Component, in making alterations to existing buildings, shall meet the 
accessibility requirements of the Architectural Barriers Act of 1968, 
as amended (42 U.S.C. 4151-4157), and federal regulations implementing 
it. In choosing among available methods for meeting the requirements of 
this section, a DoD Component shall give priority to those methods that 
offer services, programs, and activities to qualified individuals with 
disabilities in the most integrated setting appropriate.
    (2) Historic preservation programs. In meeting the requirements of 
Sec.  56.20(a) in historic preservation programs, a DoD Component shall 
give priority to methods that provide physical access to individuals 
with disabilities. In cases where a physical alteration to an historic 
property is not required because of paragraph (a)(2) of this section, 
alternative methods of achieving program accessibility include--
    (i) Audio-visual materials and devices. Using audio-visual 
materials and devices to depict those portions of an historic property 
that cannot otherwise be made accessible;
    (ii) Guides. Assigning persons to guide individuals with handicaps 
into or through portions of historic properties that cannot otherwise 
be made accessible; or
    (iii) Innovation. Adopting other innovative methods.
    (iv) Time period for compliance. When structural changes are 
necessary to make programs or activities in existing facilities 
accessible to the extent required by this section, such changes shall 
be made as soon as practicable, but not later than 3 years after June 
1, 1982.
    (v) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, a DoD 
Component shall develop, with the assistance of interested persons or 
organizations and within a period to be established in each DoD 
Component's guidelines, a transition plan setting out the steps 
necessary to complete the changes.
    (A) A copy of the transition plan shall be made available for 
public inspection.
    (B) The plan shall, at a minimum:
    (1) Identify physical obstacles in the DoD Component's facilities 
that limit the 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 1 year, identify steps that will be taken during 
each year of the transition period; and
    (4) Identify the official responsible for implementation of the 
plan.


Sec.  56.21  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 DoD component shall be 
designed, constructed, or altered so as to be readily accessible to and 
usable by individuals with disabilities. The definitions, requirements, 
and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), 
as established in the Architectural Barriers Act Accessibility 
Standards at 41 CFR 102-76.60, apply to buildings covered by this 
section.

Subpart F--Communications


Sec.  56.22  General.

    (a)(1) A recipient or DoD Component shall take appropriate steps to 
ensure that communications with applicants, participants, members of 
the public, and companions with disabilities are as effective as 
communications with others.
    (2) For purposes of this section, ``companion'' means a family 
member,

[[Page 43180]]

friend, or associate of an individual seeking access to a service, 
program, or activity of a recipient or DoD Component, who, along with 
such individual, is an appropriate person with whom the public entity 
should communicate.
    (b)(1) A recipient or DoD Component shall furnish appropriate 
auxiliary aids and services when necessary to afford qualified 
individuals with disabilities, including applicants, participants, 
companions, and members of the public, an equal opportunity to 
participate in, and enjoy the benefits of, a service, program, or 
activity of a recipient or DoD Component.
    (2) The type of auxiliary aid or service necessary to ensure 
effective communication will vary in accordance with the method of 
communication used by the individual; the nature, length, and 
complexity of the communication involved; and the context in which the 
communication is taking place. In determining what types of auxiliary 
aids and services are necessary, a recipient or DoD Component shall 
give primary consideration to the requests of individuals with 
disabilities. In order to be effective, auxiliary aids and services 
must be provided in accessible formats, in a timely manner, and in such 
a way as to protect the privacy and independence of the individual with 
a disability.
    (c)(1) A recipient or DoD Component shall not require an individual 
with a disability to bring another individual to interpret for him or 
her.
    (2) A recipient or DoD Component shall not rely on an adult 
accompanying an individual with a disability to interpret or facilitate 
communication except--
    (i) In an emergency involving an imminent threat to the safety or 
welfare of an individual or the public where there is no interpreter 
available; or
    (ii) Where the individual with a disability specifically requests 
that the accompanying adult interpret or facilitate communication, the 
accompanying adult agrees to provide such assistance, and reliance on 
that adult for such assistance is appropriate under the circumstances.
    (3) A recipient or DoD Component shall not rely on a minor child to 
interpret or facilitate communication, except in an emergency involving 
an imminent threat to the safety or welfare of an individual or the 
public where there is no interpreter available.
    (d) A recipient or DoD Component that chooses to provide qualified 
interpreters via VRI services shall ensure that it provides--
    (1) Real-time, full-motion video and audio over a dedicated high-
speed, wide-bandwidth video connection or wireless connection that 
delivers high-quality video images that do not produce lags, choppy, 
blurry, or grainy images, or irregular pauses in communication;
    (2) A sharply-delineated image that is large enough to display the 
interpreter's face, arms, hands, and fingers, and the participating 
individual's face, arms, hands, and fingers, regardless of his or her 
body position;
    (3) A clear, audible transmission of voices; and
    (4) Adequate training to users of the technology and other involved 
individuals so that they may quickly and efficiently set up and operate 
the VRI.


Sec.  56.23  Telecommunications.

    (a) Where a recipient or DoD Component communicates by telephone 
with applicants and beneficiaries, text telephones (TTYs) or equally 
effective telecommunications systems shall be used to communicate with 
individuals who are deaf or hard of hearing or have speech impairments.
    (b) When a recipient or DoD Component uses an automated-attendant 
system, including, but not limited to, voice mail and messaging, or an 
interactive voice response system, for receiving and directing incoming 
telephone calls, that system must provide effective real-time 
communication with individuals using auxiliary aids and services, 
including TTYs and all forms of FCC-approved telecommunications relay 
system, including internet-based relay systems.
    (c) A recipient or DoD Component shall respond to telephone calls 
from a telecommunications relay service established under Title IV of 
the ADA in the same manner that it responds to other telephone calls.


Sec.  56.24  Information and signage.

    (a) A recipient or DoD Component 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.
    (b) A recipient or DoD Component shall provide signage at all 
inaccessible entrances to each of its facilities, directing users to an 
accessible entrance or to a location at which they can obtain 
information about accessible facilities. The international symbol for 
accessibility shall be used at each accessible entrance of a facility.


Sec.  56.25  Duties.

    This subpart does not require a recipient or DoD Component to take 
any action that it can demonstrate would result in a fundamental 
alteration in the nature of a service, program, or activity or in undue 
financial and administrative burdens. In those circumstances where 
personnel of the recipient or DoD Component believe that the proposed 
action would fundamentally alter the service, program, or activity or 
would result in undue financial and administrative burdens, the 
recipient or DoD Component has the burden of proving that compliance 
with this subpart would result in such alteration or burdens. The 
decision that compliance would result in such alteration or burdens 
must be made by the head of the recipient or DoD Component or his or 
her designee after considering all resources available for use in the 
funding and operation of the service, 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 subpart would 
result in such an alteration or such burdens, the recipient or DoD 
Component 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 disabilities receive the 
benefits or services provided by the recipient or DoD Component.

Subpart G--Information and Communication Technology Requirements


Sec.  56.26  Information and communication technology requirements.

    (a) Accessible information and communication technology. A DoD 
Component must make information and communication technology accessible 
to individuals with disabilities in accordance with section 508 of the 
Rehabilitation Act.
    (b) Development, procurement, maintenance, or use of information 
and communication technology. When developing, procuring, maintaining, 
or using information and communication technology, DoD Components shall 
ensure, unless an undue burden would be imposed on it, that the 
information and communication technology allows, regardless of the type 
of medium of the technology--
    (1) Individuals with disabilities who are employees of DoD 
Components to have access to and use of information and data that is 
comparable to the access to and use of the information and data by 
employees of DoD Components

[[Page 43181]]

who are not individuals with disabilities; and
    (2) Individuals with disabilities who are members of the public 
seeking information or services from DoD Components to have access to 
and use of information and data that is comparable to the access to and 
use of the information and data by such members of the public who are 
not individuals with disabilities.
    (c) Alternative means of access when undue burden is imposed. When 
development, procurement, maintenance, or use of information and 
communication technology that meets the standards published by the 
Access Board at 36 CFR part 1194 would impose an undue burden, the DoD 
Component shall provide individuals with disabilities covered by this 
section with the information and data involved by an alternative means 
of access that allows the individual to use the information and data.

Subpart H--Compliance Procedures


Sec.  56.27  Responsibilities.

    (a) The Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)), through the Executive Director, Force Resiliency (EDFR), 
reviews recommended administrative decisions proposed by the Office of 
Diversity, Equity, and Inclusion (ODEI) and issues final administrative 
decisions, when necessary, in accordance with Sec. Sec.  56.29 through 
56.31.
    (b) Under the authority, direction, and control of the USD(P&R), 
the EDFR:
    (1) Exercises authority, direction, and control over the Director, 
ODEI.
    (2) Provides guidance to DoD Components when developing policies, 
procedures, and guidelines in support of this part.
    (c) Under the authority, direction, and control of the EDFR, ODEI:
    (1) Serves as the primary point of contact for the DoD Components, 
including when disseminating nondiscrimination policies, programs, and 
initiatives.
    (2) Administers an effective civil rights program prohibiting 
discrimination on the basis of disability by:
    (i) Overseeing the full implementation of and compliance with 
section 504 of the Rehabilitation Act, this part, and policies and 
plans related to unlawful discrimination on the basis of disability in 
federally assisted and conducted programs.
    (ii) Ensuring no person is excluded from participation in, denied 
the benefits of, or subjected to unlawful discrimination on the basis 
of disability in any program or activity receiving Federal financial 
assistance from the DoD or conducted by DoD.
    (iii) Overseeing DoD Component compliance reviews and collection of 
assurances as described in Sec.  56.28 from recipients.
    (iv) Reviewing compliance reports generated by the DoD Component 
heads in accordance with Sec.  56.28.
    (v) Ensuring all complaints of unlawful discrimination on the basis 
of disability in any recipient are referred to the appropriate DoD 
Component head and resolved in a timely manner.
    (vi) Providing education, training, and technical assistance to the 
DoD Components on issues related to nondiscrimination policies, 
programs, and initiatives.
    (vii) Providing advice to the USD(P&R) regarding the issuance of 
final administrative decisions resolving complaints of unlawful 
discrimination on the basis of disability and complaints of failure to 
make information and communication technology accessible to individuals 
with disabilities.
    (viii) Managing formal mediation of complaints of unlawful 
discrimination on the basis of disability and complaints of failure to 
make information and communication technology accessible to individuals 
with disabilities.
    (ix) Monitoring compliance with this part by personnel under the 
authority, direction, and control of the USD(P&R).
    (3) Notifies and provides updates to the Civil Rights Division of 
the Department of Justice (DOJ) when, with regard to recipients, a DoD 
Component head:
    (i) Defers an application.
    (ii) Schedules a hearing.
    (iii) Refuses or terminates assistance.
    (iv) Undertakes an enforcement action.
    (d) The Director, Defense Legal Services Agency, under the 
authority, direction, and control of the General Counsel of the 
Department of Defense, and in addition to the responsibilities in 
paragraph (e) of this section, the Director, Defense Legal Services 
Agency, provides for fair and impartial administrative procedures, 
including, but not limited to, conducting hearings and issuing 
decisions as required in Sec.  56.29.
    (e) The DoD Component heads:
    (1) In coordination with the EDFR, develop and maintain internal 
policies, procedures, and guidance to promote nondiscrimination on the 
basis of disability in programs or activities receiving Federal 
financial assistance from or conducted by the DoD Component.
    (2) Oversee:
    (i) Dissemination of all relevant internal policies and procedures 
and ensure implementation at all levels within their respective DoD 
Components.
    (ii) Compliance with applicable DOJ and Equal Employment 
Opportunity Commission guidance, this part, and all implementing DoD 
Component parts.
    (iii) Development of an effective compliance review program of 
applicants for and recipients of Federal financial assistance, in 
accordance with Sec.  56.28.
    (iv) Collection of assurances from recipients, as described in 
Sec.  56.28.
    (v) Compliance with the reporting requirements of this or other 
parts.
    (vi) The complaint process for allegations of discrimination in 
violation of section 504 of the Rehabilitation Act against recipients 
of Federal financial assistance, which are processed in accordance with 
Sec.  56.29.
    (vii) The complaint process for allegations of discrimination in 
violation of section 504 of the Rehabilitation Act against DoD 
Components and allegations of failure by DoD Components to make 
information and communication technology accessible to individuals with 
disabilities in in violation of section 508 of the Rehabilitation Act, 
which are processed in accordance with Sec. Sec.  56.30 and 56.31.
    (3) Ensure the cooperation of applicants and recipients of Federal 
financial assistance with this part. Enforce the provisions of this 
part in accordance with Sec.  56.31 if a recipient violates the policy 
of this section.
    (4) Establish internal procedures for the prompt processing and 
disposition of complaints, including notice to both complainant and 
recipient regarding the respective rights and obligations of each 
party.
    (5) Promptly review and investigate all complaints filed in 
accordance with this part unless the complainant and the party 
complained against agree to delay the investigation pending settlement 
negotiations.
    (6) Provide technical assistance to recipients, when necessary, to 
aid them in complying with this part.
    (7) Provide educational materials setting out the rights of 
beneficiaries, including the right to file complaints in accordance 
with this part, and obligations of recipients in accordance with this 
part.
    (8) Prepare recommended administrative decisions, when applicable, 
for complaints of a violation of sections 504 or 508 of the 
Rehabilitation Act, for review and

[[Page 43182]]

consideration by the USD(P&R) when issuing final administrative 
decisions.
    (f) The Chief Information Officer of the Department of Defense (DoD 
CIO):
    (1) Develops policies and procedures related to achieving 
implementation of and compliance with section 508 of the Rehabilitation 
Act.
    (2) Provides advice regarding complaints for failure to make 
information and communication technology accessible to individuals with 
disabilities.
    (g) Listed below are responsibilities of recipients of Federal 
financial assistance. Each recipient must:
    (1) Submit to the DoD Component head a written assurance in 
accordance with Sec.  56.28 or 32 CFR 22.510(b) and appendix B, where 
applicable.
    (2) Designate at least one person to coordinate its efforts to 
comply with the obligations of section 504 of the Rehabilitation Act, 
who will:
    (i) Investigate any complaints communicated to the recipient 
alleging the recipient's noncompliance with or any actions prohibited 
by section 504 of the Rehabilitation Act.
    (ii) Make available to all interested individuals the name, office 
address, and telephone number of the employee or employees designated 
to coordinate its efforts.
    (3) Notify applicants for employment, employees, beneficiaries, 
subrecipients, and participants, regardless of disability, of their 
rights. The notification must:
    (i) State that the recipient does not discriminate on the basis of 
disability in violation of section 504 and this part. The notification 
shall state, where appropriate, that the recipient does not 
discriminate in its programs or activities with respect to access, 
treatment, or employment.
    (ii) Be transmitted via methods which may include the posting of 
notices, transmission via electronic mail or text message, publication 
on the recipient's internet website, or in newspapers and magazines, 
placement of notices in recipient's publication, and distribution of 
memoranda or other written communications.
    (4) Develop, adopt, and disseminate internal complaint procedures 
for the prompt processing and disposition of informal and formal 
complaints and appeals of violations of section 504 of the 
Rehabilitation Act. The procedures must:
    (i) Comply with Sec. Sec.  56.29 through 56.31.
    (ii) Include directions on how and where to file complaints and 
appeal decisions made by DoD.
    (5) Provide to the DoD Component award official in the application 
for Federal financial assistance:
    (i) Notice of any lawsuit pending against the applicant alleging 
unlawful discrimination on the basis of disability related to the 
financial assistance received from DoD.
    (ii) A statement regarding the applicant describing any compliance 
review relating to unlawful discrimination on the basis of disability 
conducted during the two-year period before the application and 
information concerning the agency or organization performing the 
reviews.
    (iii) Reports of any compliance reviews conducted by other Federal 
agencies.
    (6) Conduct a self-evaluation in accordance with Sec.  56.5.
    (7) Maintain compliance information.


Sec.  56.28  Assurance requirements and compliance information and 
procedures applicable to recipients of Federal financial assistance.

    (a) Assurance requirements for applicants and recipients: General. 
(1) Subject to the option described in paragraph (a)(3) of this 
section, applicants for and recipients of Federal financial assistance 
must include with their submission to the DoD Component a written 
assurance certification that meets the requirements of this section. 
The assurance must certify that, with respect to programs or activities 
that receive Federal financial assistance, such applicants or 
recipients will comply with the requirements of section 504 of the 
Rehabilitation Act and this part. Applicants also must submit any 
additional information that the DoD Component determines is necessary 
for a pre-award review. The applicant or recipient's acceptance of 
federal financial assistance is an acceptance of the obligation of the 
assurance certification and this section.
    (2) At a minimum, the assurance submitted for purposes of 
compliance with this section of the part must state that:
    (i) It is provided as a condition for the receipt of Federal funds.
    (ii) The applicant or recipient agrees to:
    (A) Compile and maintain records pursuant to Sec.  56.28(g)(1)(i).
    (B) Submit reports on its programs, as may be required by the DoD 
Component.
    (iii) Where a recipient makes the funds available to sub 
recipients, subcontractors, or subgrantees, the applicant or recipient 
must notify and require the sub recipients, subcontractors or sub 
grantees to comply with section 504 of the Rehabilitation Act and this 
part.
    (iv) Provide a basis for judicial enforcement.
    (3) An applicant subject to 32 CFR part 22 who submits an assurance 
which meets the requirements in 32 CFR 22.510(b) and appendix B will be 
considered to have satisfied the requirements of this section of the 
part pertaining to the submission of assurances. For Federal financial 
assistance awards subject to the DoD Grant and Agreement Regulations, 
award officials:
    (i) May include, in accordance with 32 CFR 22.510(b), an award term 
in each award that makes compliance with the requirements in this part 
a condition of receipt of funding under the award in order to satisfy 
the requirement for obtaining an assurance from recipients.
    (ii) Follow the pre-award procedures in 32 CFR 22.420, which 
indicate that a DoD grant's officer (i.e., award official) must ensure 
that the recipient has provided all certifications and assurances 
required by Federal statute, Executive order, or codified regulation--
unless they are to be addressed in award terms and conditions at the 
time of award--before determining that a potential recipient is 
qualified to receive an award.
    (iii) If the DoD award official has reason to question the 
potential recipient's compliance with this part based on a review of 
any pre-award assurance received from the potential recipient in 
accordance with this section or compliance review of the potential 
recipient received before issuing the award, the award official should 
consult the personnel from the Component that is responsible for 
handling the civil rights' compliance review. Those personnel will 
inform the award official whether they have sufficient information to 
issue a written determination of compliance or if they will take 
additional steps in accordance with paragraph (e) or (f) of this 
section before making such a determination or taking any enforcement 
actions.
    (iv) The DoD award official will maintain for each potential 
recipient the signed copy of any or all certifications and assurances, 
or proof of an electronic signature, in an easily accessible location 
for not less than the duration of the assistance and any additional 
time that reasonably may be necessary to enforce the terms, such as 
through an enforcement action.
    (b) Duration of assurance--(1) Real property. When a DoD Component 
awards an assurance in the form of real property or assistance to 
acquire real property or structures on the property,

[[Page 43183]]

the assurance will obligate the recipient or transferee during the 
period the real property or structures are used for the purpose for 
which Federal financial assistance is extended, or for another purpose 
in which similar services or benefits are provided. The transfer 
instrument must contain covenants running with the land which assure 
that the property will be used for such purposes and that 
nondiscrimination on the basis of disability will be enforced. Where 
applicable, the covenants must also retain a right for the DoD 
Component to recover the property if either covenant is broken.
    (2) Personal property. When a DoD Component provides assistance in 
the form of personal property, the assurance will obligate the 
recipient for as long as it continues to own or possess the property.
    (3) Other forms of assistance. In all other cases, the assurance 
will obligate the recipient for as long as Federal financial assistance 
is extended.
    (c) Continuing state and block grant programs. As a condition for 
the extension of Federal financial assistance, any recipient, State, or 
State agency administering a program that receives continuing Federal 
financial assistance subject to this part must provide to the DoD 
Component an assurance.
    (1) Primary recipients. Primary recipients must sign an assurance 
agreeing to conduct the program in compliance with section 504 of the 
Rehabilitation Act and this part. Where applicable, a primary recipient 
must collect assurances from sub recipients.
    (2) Assurance requirements. (i) All recipients must sign an 
assurance complying with the requirements of paragraph (a)(2) of this 
section.
    (ii) Assurances for primary recipients disbursing funds to sub 
recipients must include a requirement to collect assurances from sub 
recipients.
    (d) Compliance information and procedures: Policies, procedures, 
and guidelines. (1) Whenever necessary, DoD Components will publish 
supplementary guidelines for nondiscrimination on the basis of 
disability in the programs and activities to which it disburses Federal 
financial assistance.
    (2) The EDFR must review and approve policies and procedures before 
DoD Components may issue them.
    (3) At a minimum, all relevant policies, procedures, and guidance 
must:
    (i) Contain a description of the:
    (A) Types of programs and activities covered.
    (B) Form of the assurances that must be executed in accordance with 
paragraph (a)(2) of this section or an assurance which meets the 
requirements in 32 CFR 22.510(b) and appendix B.
    (ii) List the data collection and reporting requirements for 
recipients, all of which must be cleared by the Office of Management 
and Budget pursuant to 44 U.S.C. 3501 (also known and referred to in 
this part as ``The Paperwork Reduction Act.'')
    (iii) Identify procedures for filing, processing, investigating, 
and resolving complaints of discrimination on the basis of disability. 
Such procedures must include, at a minimum:
    (A) The requirements for filing a complaint. The requirements must 
comply with Sec.  56.30(b).
    (B) Notification that the DoD Component may require or permit a 
recipient to investigate a complaint if the recipient can comply with 
the investigation procedures in Sec.  56.28 and internal DoD Component 
procedures.
    (C) Notification of the right, at any time, to file suit in a 
Federal district court of competent jurisdiction and that such action 
immediately terminates the administrative process.
    (iv) Include requirements:
    (A) For recipients to designate a responsible official to 
coordinate the implementation of the policies, procedures, and 
guidelines.
    (B) For recipients to conduct a self-evaluation in compliance with 
self-evaluation requirements in Sec.  56.5.
    (C) For suggestions for affirmative action on behalf of qualified 
individuals with a disability.
    (D) For the dissemination of program and complaint information to 
the public.
    (E) About the frequency and nature of post-approval reviews 
conducted pursuant to paragraph (f) of this section.
    (F) For any other actions or procedures necessary to implement this 
part.
    (v) Contain examples of prohibited practices likely to arise with 
respect to those types of programs and activities.
    (4) When the head of a DoD Component determines that it will not be 
appropriate to include one or more of the provisions described in this 
section in the supplementary guidelines issued by that DoD Component, 
or that it is not necessary to issue such guidelines at all, the DoD 
Component must:
    (i) State the reasons for such omissions in writing.
    (ii) Submit the reasons to the EDFR for review and approval.
    (e) Pre-award compliance.--(1) Notice of lawsuits and compliance 
reviews. To show compliance with the requirements of section 504 of the 
Rehabilitation Act and this part regarding the program or activity 
receiving federal financial assistance, each applicant for DoD federal 
financial assistance must provide to the DoD Component award official 
in the application for federal financial assistance, who will furnish 
such submissions to ODEI upon written request:
    (i) Notice of any lawsuit pending against the applicant alleging 
unlawful discrimination on the basis of disability.
    (ii) A statement describing any civil rights compliance reviews 
regarding the applicant conducted during the two-year period before the 
application, and information concerning the agency or organization 
performing the reviews.
    (iii) If the applicant has any information to report from paragraph 
(e)(1)(i) or (ii) of this section at the time the application is 
submitted, he or she must provide that information with the application 
in accordance with any directions in the relevant notices of funding 
opportunity (e.g., program announcements, funding opportunity 
announcements, and broad agency announcements). If the announcement 
does not provide specific directions, applicants with information to 
report from paragraph (e)(1)(i) or (ii) at the time of proposal 
submission must include that information in the portion of the 
application that includes any certifications, representations, or 
assurances (e.g., attached to Block 18 of the Standard Form 424).
    (2) Failure to file an adequate assurance. If an applicant for 
Federal financial assistance fails to file an adequate assurance in 
accordance with this section or an assurance which meets the 
requirements in 32 CFR 22.510(b) and appendix B, or breaches its terms, 
the DoD Component must:
    (i) Notify the applicant promptly of its noncompliance and state 
the reason for noncompliance.
    (ii) Make an immediate effort to secure voluntary compliance in 
accordance with Sec.  56.28(f).
    (3) Written determination of compliance. (i) Within the application 
processing period, the DoD Component will make a written determination 
of whether the applicant is in compliance with Sec.  56.28(a) and 
inform the awarding official. In accordance with 32 CFR 22.420(c)(2), 
the grant officer is responsible for ensuring that the potential 
recipient has provided all assurances required by section 504 of the 
Rehabilitation Act and the implementing regulations unless they are to 
be addressed at the time of award, in accordance with 32 CFR 22.510(b).

[[Page 43184]]

    (ii) The DoD Component will base its determination on the 
submissions required by paragraph (a) of this section and any other 
information the DoD Component receives during this time (including 
complaints) or has on file about the applicant.
    (iii) When the DoD Component cannot make a determination on the 
basis of this information, the DoD Component may also conduct an on-
site review. The DoD Component may request additional information from 
the applicant, local government officials, or interested persons or 
organizations, including individuals with disabilities or organizations 
representing such individuals.
    (iv) If, after examination, the DoD Component finds enough evidence 
to support a finding of noncompliance, it must seek voluntary 
compliance.
    (4) Voluntary compliance. If the review indicates noncompliance 
with this part, an applicant may agree in writing to take the steps 
recommended by the DoD Component in order to come into compliance. The 
DoD Component must approve the written agreement before any award is 
made.
    (5) Refusal to comply. If the applicant refuses to enter into such 
an agreement, the DoD Component must follow the procedure established 
by Sec.  56.29.
    (6) Deferment. A DoD Component may choose to defer action on an 
application for assistance pending initiation and completion of the 
procedures in Sec.  56.29.
    (i) An action may only be deferred for initial or non-continuing 
assistance applications.
    (ii) An action may not be deferred if Federal financial assistance 
is due and payable pursuant to a previously-approved application.
    (f) Periodic compliance reviews of recipients--(1) Periodic review 
of recipients. (i) The DoD Component or Director, ODEI, may conduct 
periodic nondiscrimination compliance reviews, including on-site 
reviews, of any recipient's programs or activities receiving Federal 
financial assistance, including requests for data and information.
    (ii) Whenever possible, the DoD Components or Director, ODEI, 
should perform this periodic compliance review in conjunction with its 
review and audit efforts to implement, in programs or activities 
receiving Federal financial assistance, similar CFR parts dealing with 
discrimination on the basis of race, color, sex, national origin, and 
age.
    (2) Notice of review. After selecting a recipient for review or 
initiating an investigation, the DoD Component or Director, ODEI, must:
    (i) Notify the recipient of the nature of the review or 
investigation.
    (ii) Request relevant records for the review.
    (iii) If applicable, notify the recipient of its opportunity, 
before the determination is made, to make a written submission 
responding to, rebutting, or denying the allegations raised in the 
review or complaint.
    (3) Post-review report. (i) The DoD Component or Director, ODEI, 
must deliver a written report to the recipient that includes:
    (A) Findings of fact and deficiencies.
    (B) Recommendations for achieving voluntary compliance.
    (C) The determination of the recipient's compliance status.
    (D) Notice of the recipient's right to engage in compliance 
negotiation, if applicable.
    (ii) The DoD Component's civil rights program official should 
approve the reports.
    (iii) The DoD Component must forward reports of findings of 
noncompliance to the U.S. Assistant Attorney General for the Civil 
Rights Division of the DOJ, the EDFR, and ODEI.
    (g) Requests for data and information from or investigations by 
recipients. (1) If necessary, the DoD Component may require recipients 
to:
    (i) Submit records or data and information specific to certain 
programs or activities to determine if a program or activity receiving 
Federal financial assistance is in compliance with this part.
    (ii) Investigate a complaint alleging unlawful discrimination on 
the basis of a disability in a program or activity receiving Federal 
financial assistance.
    (2) Requests must be limited to data and information relevant in 
determining compliance and must be accompanied by a written statement 
summarizing the complaint or setting forth the basis for the belief 
that unlawful discrimination on the basis of disability may exist.
    (3) A DoD Component conducting a compliance review or investigating 
a complaint of a violation of the procedures in this part must notify 
any other affected agency upon discovery of its jurisdiction and inform 
the agency of the findings made. Such reviews or investigations may be 
conducted jointly between the DoD Component and other affected agency.
    (4) If a DoD Component requests that a recipient investigate a 
complaint, the DoD Component is still responsible for ensuring that the 
complaint is resolved in accordance with this part.
    (h) Reports. (1) Recipients (through DoD Components) and DoD 
Components must submit annual reports to ODEI:
    (i) Listing all programs and activities receiving Federal financial 
assistance subject to this part.
    (ii) Summarizing the complaint information required by Sec.  56.28.
    (iii) Containing the information submitted by recipients in 
accordance with paragraphs (e)(1)(i) and (ii) of this section.
    (2) Additionally, within 5 business days of commencing any of the 
actions in Sec.  56.29, DoD Components must notify ODEI, in writing.


Sec.  56.29  Complaint resolution and enforcement procedures applicable 
to recipients of Federal financial assistance.

    (a) Applicability. (1) Except as provided in paragraph (a)(2) of 
this section, this section applies to all allegations of discrimination 
on the basis of disability under section 504 of the Rehabilitation Act 
in programs, services, or activities receiving Federal financial 
assistance.
    (2) Complaints alleging violations of section 504 of the 
Rehabilitation Act with respect to employment will be processed in 
accordance with the procedures established by the Equal Employment 
Opportunity Commission in 29 CFR part 1640 and Sec.  56.29(b).
    (b) Enforcement procedures. The investigative, compliance, and 
enforcement procedural provisions of Title VI of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d) (``Title VI'') apply to these section 504 
regulations. The procedures at 32 CFR 195.7 through 195.12 are hereby 
adopted.


Sec.  56.30  Complaint resolution and enforcement procedures applicable 
to programs and activities conducted by DoD components.

    (a) Applicability. (1) Except as provided in paragraph (a)(2) of 
this section, this section applies to all allegations of discrimination 
on the basis of disability in violation of section 504 of the 
Rehabilitation Act in a program or activity conducted by a DoD 
Component.
    (2) DoD shall process complaints alleging violations of section 504 
with respect to employment according to the procedures established by 
EEOC in 29 CFR part 1614 pursuant to section 501 of the Rehabilitation 
Act of 1973 (29 U.S.C. 791).
    (3) This section also applies to all complaints alleging a 
violation of a DoD Component's responsibility to procure information 
and computer technology in compliance with section 508.

[[Page 43185]]

    (b) Filing a complaint--(1) Who may file. An individual, alone or 
through a representative, may file a written complaint with ODEI in 
accordance with the procedures prescribed in this section on any of the 
following grounds:
    (i) He or she has been subjected to discrimination prohibited by 
section 504 of the Rehabilitation Act in a program or activity 
conducted by a DoD Component.
    (ii) The DoD Component has failed to make information and 
communication technology accessible to individuals with disabilities in 
accordance with section 508 of the Rehabilitation Act.
    (iii) He or she is a member of a specific class of individuals that 
has been subjected to discrimination prohibited by section 504 of the 
Rehabilitation Act or denied accessible information and communication 
technology in violation of section 508 of the Rehabilitation Act.
    (2) Exhaustion. A complainant will first exhaust informal 
administrative procedures in paragraph (b)(3) of this section before 
filing a formal complaint.
    (3) Informal complaints. (i) Before filing a formal complaint with 
ODEI alleging discrimination on the basis of disability in violation of 
section 504 of the Rehabilitation Act, the complainant must attempt to 
resolve the complaint informally with the DoD Component.
    (ii) Before filing a formal complaint with ODEI alleging a failure 
to make information and communication technology accessible to 
individuals with disabilities in violation of section 508 of the 
Rehabilitation Act, an individual with a disability must use the 
informal procedures for resolving issues and concerns with the DoD 
Component in accordance with DoD Manual 8400.01, ``Accessibility of 
Information and Communications Technology (ICT),'' (November 14, 2017).
    (iii) The process for resolving informal complaints may include the 
use of a mediator.
    (4) Confidentiality. DoD officials must hold in confidence the 
identify of any person submitting a complaint, unless the person 
submits written authorization otherwise or except to the extent 
necessary to carry out the purposes of this section, including the 
conduct of any investigation, hearing, or proceeding conducted pursuant 
to this section.
    (5) When to file. An individual must file a formal complaint with 
ODEI no later than 30 calendar days after he or she receives a decision 
denying the requested relief under the informal complaint procedure in 
paragraph (b)(3) of this section, or 180 calendar days after the date 
of the alleged discrimination or failure to make information and 
communication technology accessible, whichever date is later, unless 
the time for filing is extended by ODEI, in its sole discretion. For 
purposes of determining when a complaint is timely filed under this 
paragraph, a complaint mailed to ODEI will be considered filed on the 
date it is postmarked. Any other complaint will be considered filed on 
the date it is received by the agency.
    (6) How to file. Complaints alleging a violation of sections 504 or 
508 of the Rehabilitation Act may be emailed, mailed, or delivered in 
person to ODEI. If any other official receives a complaint, he or she 
must forward the complaint to ODEI, within five calendar days. ODEI 
must submit a copy of any complaint alleging a failure to make 
information and communication technology accessible in violation of 
section 508 of the Rehabilitation Act to the DoD CIO within seven days 
of receipt.
    (7) Notification to U.S. Access Board. In accordance with paragraph 
(g)(2) of this section, ODEI will promptly send to the U.S. Access 
Board any complaint alleging that a building or facility that is 
subject to the ABA or section 502 of the Rehabilitation Act is not 
readily accessible to and usable by individuals with disabilities.
    (8) Acceptance of complaint. For the complaint to be complete, it 
must contain:
    (i) The complainant's contact information, including name, postal 
address and, if available, email address, and telephone number, if 
available.
    (ii) The basis of the complaint, including:
    (A) In the case of a complaint involving section 504 of the 
Rehabilitation Act, a detailed description of the alleged unlawful 
discrimination, on the basis of disability, that contains sufficient 
information to understand the facts that led the complainant to believe 
that discrimination occurred and when the discrimination took place. 
The description should include the how, why, where, and when of the 
alleged discrimination.
    (B) In the case of a complaint by a DoD employee or member of the 
public involving section 508 of the Rehabilitation Act, a detailed 
description of the alleged violation that contains sufficient 
information to understand the facts that led the complainant to believe 
that the violation occurred and when the violation took place, if 
known. The description should include the how, why, where, and when of 
the alleged violation.
    (C) The nature of the individual's disability, insofar as it 
relates to a complaint involving section 504 of the Rehabiliation Act.
    (D) Identification of the individual, agency, or organization 
alleged to have discriminated unlawfully on the basis of disability or 
failed to make information and communication technology accessible. At 
a minimum, include the name and address.
    (iii) The complainant's electronic or physical signature.
    (iv) The names of and basic contact information for any 
individuals, if known, that the investigating agency could contact for 
additional information to support or clarify the complainant's 
allegations.
    (9) Maintenance of a log. (i) DoD Components must maintain a log of 
informal complaints filed with the Component involving sections 504 and 
508 of the Rehabilitation Act. Each entry should identify:
    (A) Each complainant described in the informal complaint.
    (B) The individual, party, or organization charged with the alleged 
discriminatory behavior or failure to make electronic or information 
technology accessible.
    (C) The nature of the informal complaint.
    (D) The date the informal complaint was filed.
    (E) The current status or disposition, including the date, of the 
informal complaint investigation.
    (F) Other pertinent information, such as resolution of the informal 
complaint, a formal complaint being filed, and the date the informal 
complaint was closed.
    (ii) ODEI must maintain a log of formal complaints filed with ODEI 
consistent with the requirements identified in paragraph (b)(9)(i) of 
this section.
    (c) Receipt of complaints. Upon receiving a formal complaint 
alleging discrimination on the basis of disability or failure to make 
information and communication technology accessible by a DoD employee 
or a member of the public, the Director, ODEI must:
    (1) Evaluate the complaint to determine whether the complaint:
    (i) May be dismissed without investigation for failure to state a 
claim, in accordance with paragraph (b)(8) of this section. The 
Director, ODEI must notify the complainant, the DoD Component, and the 
DoD CIO (where appropriate), in writing, if the complaint is dismissed 
without investigation.
    (ii) Will not be investigated because the complaint lacks good 
cause to investigate.

[[Page 43186]]

    (A) Examples of a complaint that lacks good cause to investigate 
include a complaint that:
    (1) Is already the basis of a pending civil action in a United 
States District Court.
    (2) Is moot or premature.
    (3) Alleges dissatisfaction with the processing of a previously-
filed complaint.
    (4) Is filed as part of a clear pattern of misuse of the complaint 
process for a purpose other than the prevention and elimination of 
discrimination on the basis of disability. A clear pattern of misuse of 
the complaint process requires:
    (i) Allegations that are similar or identical, lack specificity, or 
involve matters previously resolved; or
    (ii) Evidence of circumventing other administrative processes, 
retaliating against the DoD Component's in-house administrative 
processes, or overburdening the complaint system.
    (B) ODEI must notify the complainant, the DoD Component, the DoD 
Component CIO and the DoD CIO, where appropriate, if it does not refer 
the complaint for investigation because the complaint lacks good cause. 
The notice must be in writing and include ODEI's reason for not 
referring the complaint.
    (iii) Requires additional information for the DoD Component to 
begin an investigation. Within 30 calendar days of receipt of the 
complaint, ODEI must request any additional information needed from a 
complainant to fulfill the requirements of paragraph (b)(8) of this 
section. If ODEI does not receive this additional information within 30 
calendar days of the request, the complaint may be dismissed.
    (2) Refer complaints that are complete in accordance with paragraph 
(b)(8) of this section within seven days to the appropriate DoD 
Component or Components for investigation unless, in accordance with 
paragraph (d)(1) of this section, ODEI retains responsibility for 
conducting the investigation.
    (3) With respect to a complaint alleging a violation of section 508 
of the Rehabilitation Act, transmit an information copy of the 
complaint to the DoD CIO within seven days of receipt.
    (4) Forward complaints alleging discrimination on the basis of 
disability or failure to make information and communication technology 
accessible that should have been filed with another government agency 
to the correct agency, in accordance with paragraph (g) of this 
section.
    (5) Send written notification to the complainant, if ODEI does not 
refer the complaint for investigation in accordance with paragraphs 
(c)(1)(i), (ii), or (c)(4) of this section.
    (d) Investigation of complaints.--(1) Prompt investigation. If ODEI 
determines that the complainant has adequately stated a claim of 
unlawful discrimination in violation of section 504 of the 
Rehabilitation Act or failure to make information and communication 
technology accessible in violation of section 508 of the Rehabilitation 
Act, it must delegate the responsibility to conduct a prompt 
investigation to the DoD Component or, at the discretion of ODEI, 
retain responsibility for conducting the investigation:
    (i) Of all accepted complaints filed in accordance with this part.
    (ii) Following the procedures in this section.
    (iii) Unless all parties agree to delay the investigation pending 
settlement negotiations.
    (2) Report of investigation. (i) Within 180 calendar days of 
receipt of the complaint, the DoD Component or ODEI, whichever agency 
has conducted the investigation, must prepare a report of 
investigation, including a written recommended administrative decision, 
in accordance with paragraph (f) of this section. Within the 180 
calendar day time period, ODEI may grant an extension of not more than 
90 calendar days. The DoD Component may unilaterally extend the time 
period or any period of extension for not more than 30 calendar days 
where it must sanitize a complaint file that may contain information 
classified as secret pursuant to Executive Order 12356 in the interest 
of national security. The DoD Component must notify all involved 
parties and ODEI of any such extension.
    (ii) The report of investigation should include:
    (A) Complaint claim and allegations.
    (B) Procedural history.
    (C) Findings of fact.
    (D) Names of individuals interviewed during the investigation.
    (E) Evidence reviewed.
    (F) Investigation assessment.
    (G) Analysis and determinations.
    (H) Additional relevant information.
    (I) Investigator's recommendation for disposition.
    (e) Voluntary compliance. (1) At the completion of an investigation 
in accordance with paragraph (d) of this section, if the DoD Component 
or ODEI, whichever agency has conducted the investigation, has made a 
finding of noncompliance, the DoD Component may voluntarily agree to 
come into compliance.
    (2) If the DoD Component and ODEI (after consultation with the DoD 
CIO in the case of complaints alleging violation of section 508 of the 
Rehabilitation Act) reach a mutually-satisfactory resolution of the 
complaint:
    (i) The agreement must be in writing and signed by ODEI and the DoD 
Component head.
    (ii) The DoD Component must send a copy of the signed settlement to 
the complainant and notify the complainant of his or her right to 
pursue relief in U.S. district court.
    (f) Final administrative decision--(1) Recommended administrative 
decision. (i) When the investigation is performed by a DoD Component in 
accordance with paragraph (d) of this section:
    (A) At the completion of the investigation resulting in a finding 
of compliance or a finding of noncompliance and completion of efforts 
to secure voluntary compliance in accordance with paragraph (e) of this 
section, the DoD Component must:
    (1) Coordinate with the DoD Component's legal counsel.
    (2) Provide ODEI with the report of investigation, including the 
recommended administrative decision.
    (B) ODEI will review the DoD Component's recommended administrative 
decision and accept, reject, or modify the recommended administrative 
decision based on the report of investigation prepared by the DoD 
Component or, if necessary, based on additional investigation conducted 
by ODEI or the DoD Component pursuant to a request by ODEI.
    (ii) When the investigation is performed by ODEI, it must recommend 
an administrative decision after coordinating with ODEI's legal 
counsel.
    (2) Final administrative decision. After reviewing ODEI's 
recommended administrative decision, which may include justifications 
for accepting, rejecting, or modifying the recommended administrative 
decision by the DoD Component, the USD(P&R) may:
    (i) Request further investigation by the DoD Component or ODEI.
    (ii) Issue a DoD final administrative decision which includes a 
finding of noncompliance by the DoD Component and requires the DoD 
Component to take appropriate corrective action by an identified 
suspense date, to include establishing a monitoring plan that will 
continue until the corrective action is completed, in accordance with 
this section.
    (iii) Issue a DoD final administrative decision in which the DoD 
Component is found to be in compliance.
    (iv) Issue, as the need arises, affirmative recommendations 
regarding exemplary practices and proactive

[[Page 43187]]

measures that could reduce the risk of future complaints.
    (3) Notice. After the USD(P&R) issues the final administrative 
decision, ODEI must notify the complainant in writing of the final 
administrative decision. The written notice must include notice of the 
complainant's right to appeal the decision to a U.S. district court of 
competent jurisdiction in the case of unlawful discrimination on the 
basis of disability in violation of section 504 of the Rehabilitation 
Act or a failure to make information and communication technology 
accessible to individuals with disabilities in violation of section 508 
of the Rehabilitation Act.
    (g) Coordination with other agencies--(1) Cooperation with other 
agencies. If, while conducting a compliance review or investigation of 
a complaint, it becomes evident that another agency has joint 
jurisdiction over the subject matter, the DoD Component will cooperate 
with that agency during the investigation. Pursuant to 28 CFR 42.413, 
the DoD Component must:
    (i) Forward the complaint to the other agency, if it determines 
that the complaint was filed incorrectly with the DoD.
    (ii) Coordinate its efforts with the other agency, to the extent 
consistent with the Federal statutes under which the assistance is 
provided.
    (iii) Designate one of the agencies, via written delegation 
agreement, to be the lead agency for this purpose. When an agency other 
than ODEI serves as the lead agency, any action taken, requirement 
imposed, or determination made by the lead agency must have the same 
effect as though the action had been taken by ODEI. Both agencies must 
adopt written procedures to assure that the same standards of 
compliance with sections 504 and 508 of the Rehabilitation Act are used 
at the operational levels by each of the agencies.
    (2) Cooperation with the U.S. Access Board. The U.S. Access Board 
and Deputy USD(P&R) will enter into an agreement regarding the referral 
and resolution of complaints relating to accessibility of DoD 
facilities under the ABA.
    (h) Coordination between DoD components. When two or more DoD 
Components have joint responsibility for a program or activity, the DoD 
Components may negotiate a proposed written delegation agreement.
    (1) The delegation agreement must:
    (i) Assign responsibility to one of the DoD Components to ensure 
compliance with this part.
    (ii) Provide for the notification to responsible program officials 
of the assignment of enforcement responsibility.
    (2) No delegation agreement will be effective until it is approved 
in writing by the USD(P&R).
    (i) Prevention and resolution of complaints. The DoD Component 
equal opportunity officials and DoD Component section 508 program 
managers will facilitate, with ODEI, pre-complaint resolution of claims 
of unlawful discrimination on the basis of disability and failure to 
make information and communication technology accessible in violation 
of sections 504 or 508 of the Rehabilitation Act.
    (j) Periodic compliance reports of Components. (1) ODEI is overall 
responsible for implementation of this part and the conduct of 
investigations and compliance reviews, including with respect to 
compliance with section 508 of the Rehabilitation Act.
    (2) Whenever possible, ODEI will perform this periodic compliance 
review in conjunction with its review and audit of similar regulations 
concerning nondiscrimination on the basis of race, color, sex, national 
origin, and age in programs or activities conducted by a Component.
    (3) If, as a result of an investigation or in connection with any 
other compliance activity, ODEI determines that a DoD Component appears 
to be in noncompliance with its responsibilities pursuant to this part, 
ODEI will undertake appropriate action with the DoD Component to assure 
compliance.
    (4) In the event that ODEI and the DoD Component are unable to 
agree on a resolution of any particular matter, the matter will be 
submitted to the USD(P&R) for resolution.


Sec.  56.31  Complaint resolution and enforcement procedures applicable 
to accessibility of information and computer technology.

    (a) Applicability. This section applies to all complaints alleging 
a violation of a DoD Component's responsibility to procure information 
and communication technology in compliance with section 508, whether 
filed by members of the public or DoD employees.
    (b) Enforcement procedures. DoD Components will process complaints 
alleging violations of section 508 of the Rehabilitation Act according 
to the procedures at Sec.  56.30.

    Dated: June 11, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2020-12999 Filed 7-15-20; 8:45 am]
BILLING CODE 5001-06-P