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§ 11.6 Access by historical researchers and former Government officials.

(a) ACCeSS to classified information Or material may be granted to historiCal researchers or to persons who formerly Occupied policymaking positions to which they were appointed by the President: Provided, however, That in each case the head of the originating Department Shall: (1) Determine that access is clearly Consistent with the interests of the national Security; and (2) Take appropriate Steps to assure that Classified information or material is not published Or Otherwise Compromised. (b) Access granted a person by reason of his having previously occupied a policymaking position Shall be limited to those papers which the former Official Originated, reviewed, signed, or received while in public office, except as related to the ‘‘Declassification of Presidential Papers,” which shall be treated a S followS: (1) Declassification of Presidential Papers. The Archivist of the United States shall have authority to review and declassify information and material which has been classified by a President, his White House Staff or Special Committee Or Commission appointed by him and which the Archivist has in his custody at any archival depository, including a Presidential library. Such declassification Shall Only be undertaken in accord with: (i) The terms of the donor’s deed of gift; (ii) Consultations with the DepartmentS having a primary subject-matter interest; and (iii) The provisions of $11.5(c).

PART 12–NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE ENVIRONMENTAL PROTECTION AGENCY

Sec.

12.101 Purpose. 12.102 Application. 12.103 Definitions. 12.104–12.109 [Reserved] 12.110 Self-evaluation. 12.111 Notice. 12.112–12.129 [Reserved]

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include readers, Brailled materials, audio recordings, and Other similar services and devices. Auxiliary aids useful for perSons with impaired hearing include telephone handset amplifiers, telephones Compatible with hearing aids, telecommunication devices for deaf persons (TDD’s), interpreters, notetakers, Written materials, and Other Similar Services and devices. Complete complaint means a written Statement that Contains the complainant’s name and address and describes the agency’s alleged discriminatory action in Sufficient detail to inform the agency of the nature and date of the alleged violation of Section 504. It shall be signed by the complainant or by Someone authorized to do SO On his or her behalf. Complaints filed on behalf Of Classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Facility means all Or any portion of buildings, StructureS, equipment, roads, Walks, parking lots, rolling Stock Or Other COnveyances, Or other real Or personal property. Individual with handicaps means any person who has a physical Or mental inpairment that Substantially limits one or more major life activities, has a record of Such an impairment, Or is regarded as having Such an impairment. As used in this definition, the phrase: (1) Physical or mental impairment inCludes— (i) Any physiological disorder Or Condition, COSmetic disfigurement, Or anatomical loss affecting One Or more of the following body Systems: Neurological; musculoskeletal; Special sense Organs; respiratory, including Speech Organs; Cardiovascular; reproductive, digestive, genitourinary; henniC and lymphatic; Skin, and endocrine; Or (ii) Any mental Or pSychological disOrder, Such as mental retardation, or— ganic brain Syndrome, emotional or mental illness, and Specific learning disabilities. The term physical or mental impairment includes, but is not limited to, Such diseases and Conditions as Orthopedic, visual, Speech, and hearing impairmentS, Cerebral palsy, epilepsy, muscular dystrophy, multiple Sclerosis, Cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alcoholism.

(2) Major life activities includes functions Such as Caring for one’s self, performing manual tasks, walking, seeing, hearing, Speaking, breathing, learning, and working. (3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits One or more major life activities. (4) Is regarded as having an impairment Islea,InS(i) Has a physical or mental impairment that does not Substantially limit major life activities but is treated by the agency as constituting Such a limitation; (ii) Has a physical Or mental impairment that Substantially limits major life activities only as a result of the attitudes Of Others toward Such impairment; Or (iii) HaS none of the impairments defined in Subparagraph (1) of this definition but is treated by the agency as having Such an impairment. Qualified individual with handicaps IOlea,I\S– (1) With respect to any agency program Or activity under which a person is required to perform services or to achieve a level of accomplishment, an individual with handicaps who meets the essential eligibility requirements and Who Can achieve the purpose Of the program Or activity, without modifications in the program Or activity that the agency can demonstrate would reSult in a fundamental alteration in its nature; Or (2) With respect to any other program Or activity an individual with handicaps who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program Or activity. (3) Qualified handicapped person as that term is defined for purposes of employment in 29 CFR 1613.702(f), which is made applicable to this part by §12.140. Section 504 means Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93– 112, 87 Stat. 394 (29 U.S.C. 794)), as annended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93–516, 88 Stat. 1617); and the Rehabilitation, Comprehensive Services, and Developmental Disabilities AmendmentS Of 1978 (Pub. L. 95–602, 92 Stat. 2955); and the Rehabilitation Act Amendments of 1986 (Pub. L. 99–506, 100 Stat. 1810). As used in this part, section 504 applies only to programs or activities Conducted by Executive agencies and not to federally assisted programs.

§§ 12.104–12.109 [Reserved]

§ 12.110 Self-evaluation.

(a) The agency shall, by November 13, 1987, begin a nationwide evaluation, Of its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part. The agency shall provide an Opportunity to interested persons, including individuals with handicaps Or Organizations representing individuals with handicaps to, participate in the Selfevaluation process by Submitting COmments (both Oral and Written). (b) The evaluation shall be concluded by September 14, 1988, with a written report submitted to the Administrator that States the findings of the Self-evaluation, any remedial action taken, and recommendations, if any, for further remedial action. (c) The Administrator Shall, within 60 days of the receipt of the report of the evaluation and recommendations, direct that Certain remedial actions be taken as he/she deems appropriate. (d) The agency shall, for at least three years following Completion of the evaluation required under paragraph (b) Of this Section, maintain on file and make available for public inspection: (1) A list of the interested persons Consulted; (2) A description of the area.S examined and any problems identified; and (3) A description of any modifications made.

§ 12.111 Notice.

The agency shall make available to employees, unions representing employees, applicants, participants, beneficiaries, and Other interested perSOnS Such information regarding the proviSions of this part and its applicability to the programs or activities Conducted by the agency, and make Such information available to them in Such manner as the agency head finds necessary to apprise Such persons of the protections

against discrimination assured them by Section 504 and this regulation.

§§ 12.112–12.129 [Reserved]

§ 12.130 General prohibitions against discrimination. (a) NO qualified individual with handicaps shall, on the basis of handiCap, be excluded from participation in, be denied the benefits of, or otherwise be Subjected to discrimination under any program Or activity Conducted by the agency. (b)(1) The agency, in providing any aid, benefit, Or Service, may not, directly or through Contractual, licensing, Or other arrangements, on the basis of handicap— (i) Deny a Qualified individual with handicaps the opportunity to participate in or benefit from the aid, benefit, Or Service; (ii) Afford a qualified individual with handicaps an Opportunity to participate in Or benefit from the aid, benefit, Or service that is not equal to that afforded OtherS; (iii) Provide a qualified individual with handicaps with an aid, benefit, or Service that is not as effective in affording equal Opportunity to obtain the Same result, to gain the Same benefit, Or to reach the Same level of achievement as that provided to Others; (iv) Provide different or separate aid, benefits, or Services to individuals with handicaps Or to any class of individuals with handicaps than is provided to Others unless Such action is necessary to provide Qualified individuals with handicaps with aid, benefits, or Services that are as effective as those provided to Others; (v) Deny a qualified individual with handicaps the Opportunity to participate as a member of planning or adviSory boards; Or (vi) Otherwise limit, a Qualified individual with handicaps in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, Or Service. (2) The agency may not deny a qualified individual with handicaps the Opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. (3) The agency may not, directly or through Contractual or other arrangements, utilize Criteria or methods of administration the purpose or effect of which would— (i) Subject qualified individuals with handicaps to discrimination on the basis of handicap; Or (ii) Defeat Or Substantially impair accomplishment Of individuals with handicaps. (4) The agency may not, in determining the Site Or location of a facility, make Selections the purpose or effect of which would— (i) Exclude individuals with handiCaps from, deny them the benefitS Of, Or Otherwise Subject them to discrimination under any program or activity Conducted by the agency; Or (ii) Defeat or Substantially impair the accomplishment of the Objectives of a program or activity with respect to individuals with handicaps. (5) The agency, in the Selection of procurement contractors, may not use Criteria, that subject qualified individuals with handicaps to discrimination On the basis of handicap. (6) The agency may not administer a licensing Or Certification program in a manner that SubjectS qualified individuals with handicaps to discrimination On the basis of handicap, nor may the agency establish requirements for the programs Or activities of licensees Or Certified entities that Subject qualified individuals with handicaps to discrimination on the basis of handicap. However, the program Or activities of entities that are licensed or Certified by the agency are not, themselves, COVered by this part. (c) The exclusion of nonhandicapped perSOnS from the benefits of a program limited by Federal Statute or Executive Order to individuals with handiCaps Or the exclusion of a Specific Cla.SS of individuals with handicaps from a program limited by Federal statute or Executive Order to a different class of individuals with handicaps is not prohibited by this part. (d) The agency shall administer programs and activities in the most inte

grated Setting appropriate to the needs of qualified individuals with handicaps.

§§ 12.131-12.139 [Reserved]

§ 12.140 Employment.

No Qualified individual with handiCaps Shall, on the basis of handicap, be Subjected to discrimination in employment under any program or activity Conducted by the agency. The definitions, requirements, and procedures of Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs Or activities.

§§ 12.141–12.148 [Reserved]

§ 12.149 Program accessibility: Discrimination prohibited.

Except as Otherwise provided in § 12.150, no qualified individual with handicaps shall, because the agency’s facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or Otherwise be subjected to discrimination under any program Or activity Conducted by the agency.

§ 12.150 Program accessibility: Existing facilities. (a) General. The agency Shall Operate each program or activity So that the program Or activity, when viewed in its

entirety, is readily accessible to and

uSable by individuals with handicaps. This paragraph does not.— (1) Necessarily require the agency to make each of its existing facilities a CCessible to and usable by individuals with handicaps; Or (2) Require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature Of a program Or activity Or in undue financial and administrative burdens. In those CircumstanceS where agency personnel believe that the proposed action would fundamentally alter the program Or activity Or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 12.150(a) would result in Such alteration or burdens. The decision that compliance would result in Such alteration or burdens must be made by the agency head or designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written Statement of the reasons for reaching that conclusion. If an action Would reSult in Such an alteration or Such burdens, the agency shall take any other action that would not result in Such an alteration or such burdens but would nevertheless ensure that individuals with handicaps receive the benefits and Services of the program Or activity. (b) Methods. The agency may comply with the requirements of this Section through such means as redesign Of equipment, reassignment of Services to accessible buildings, assignment of aides to beneficiaries, home visitS, delivery of Services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling Stock, Or any other methods that result in making its programs or activities readily a Ccessible to and usable by individuals with handicaps. The agency is not required to make Structural changes in existing facilities where Other methods are effective in achieving Compliance with this Section. The agency, in making alterations to existing buildings, Shall meet accessibility requirement.S to the extent compelled by the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151–4157), and any regulations inplementing it. In Choosing annong available methods for meeting the requirements of this section, the agency shall give priority to those methods that offer programs and a Ctivities to qualified individuals with handicaps in the most integrated Setting appropriate. (c) Time period for compliance. The agency shall comply with the obligations established under this Section by November 13, 1987, except that where structural changes in facilities are undertaken, such changes shall be made by September 14, 1990, but in any event as expeditiously as possible. (d) Transition plan. In the event that structural changes to facilities will be undertaken to achieve program accessibility, the agency shall develop, by

March 14, 1988, a transition plan setting forth the steps necessary to complete Such changes. The agency shall provide an opportunity to interested perSons, including individuals with handicaps or Organizations representing individuals with handicaps to participate in the development of the transition plan by Submitting CommentS (both Oral and written). A copy Of the transition plan Shall be made available for public inspection. The plan Shall, at a minimum— (1) Identify physical obstacles in the agency’s facilities that limit the accesSibility Of it.S programs Or activities to individuals with handicaps; (2) DeScribe in detail the methods that will be used to make the facilities accessible; (3) Specify the Schedule for taking the steps necessary to achieve Compliance with this Section and, if the time period of the transition plan is longer than One year, identify Steps that will be taken during each year Of the tranSition period; and (4) Indicate the Official responsible for implementation Of the plan.

§ 12.151 Program accessibility: New construction and alterations.

Each building or part of a building that is Constructed Or altered by, On behalf of, Or for the use of the agency Shall be designed, Constructed, Or altered SO as to be readily accessible to and usable by individuals with handicaps. The definitions, requirements, and Standards Of the Architectural Barriers Act (42 U.S.C. 4151–4157), aS established in 41 CFR 101–19.600 to 101–19.607, apply to buildings covered by this Section.

§§ 12.152–12.159 [Reserved]

§ 12.160 Communications.

(a) The agency Shall take appropriate Steps to ensure effective Communication with applicants, participants, perSonnel of other Federal entities, and members of the public.

(1) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency.

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