Page:Title 3 CFR 2000 Compilation.djvu/417

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Executive Office of the President \365 102.103 102.130 General prohibitions against dis- crimination. 102.131 102.139 [Reserved] 102.140 Employment. 102.141 102.148 [Reserved] 102.149 Program accessibility: Discrimina- tion prohibited. 102.150 Program accessibility: Existing fa- cilities. 102.151 Program accessibility: New con- struction and alterations. 102.15\177102.159 [Reserved] 102.160 Communications. 102.161 102.169 [Reserved] 102.170 Compliance procedures. 102.171 102.999 [Reserved] AUTHORITY: 29 U.S.C. 794. SOURCE: 53 Fit 25879, July 8, 1988, unless otherwise noted. \365 102.101 Purpose. The purpose of this regulation is to effectuate section 119 of the l\177ehabili- tation, Comprehensive Services, and Developmental Disabilities Amend- ments of 1978, which amended section 504 of the l\177ehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities con- ducted by Executive agencies or the United States Postal Service. \365 102.102 Application. This regulation (\365\365102.101-102.170) ap- plies to all programs or activities con- ducted by the agency, except for pro- grams or activities conducted outside the United States that do not involve individuals with handicaps in the United States. \365 102.103 Definitions. For purposes of this regulation, the term-- Agency means, for purposes of this regulation only, the following' entities in the Executive Office of the Presi- dent: the White House Office, the Office of the Vice President, the Office of Management and Budget, the Office of Policy Development, the National Se- curity Council, the Office of Science and Technology Policy, the Office of the United States Trade l\177epresenta- rive, the Council on Environmental Quality, the Council of Economic Ad- visers, the Office of Administration, the Office of Federal Procurement Pol- icy, and any committee, board, corn- mission, or similar group established in the Executive Office of the President. Agency head or head of the agency; as used in \365\365102.150(a)(3), 102.160(d) and 102.170 (i) and (j), shall be a three-mem- ber board which will include the Direc- tor, Office of Administration, the head of the Executive Office of the Presi- dent, agency in which the issue needing' resolution or decision arises and one other agency head selected by the two other board members. In the event that an issue needing' resolution or decision arises within the Office of Administra- tion, one of the board members shall be the Director of the Office of Manage- ment and Budget. Assistant Attorney General means the Assistant Attorney General, Civil l\177ights Division, United States Depart- ment of Justice. Auziliaw aids' means services or de- vices that enable persons with im- paired sensory, manual, or speaking' skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hear- ing' include telephone handset ampli- fiers, telephones compatible with hear- ing' 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 complain- ant's name and address and describes the agency's alleged discriminatory ac- tion in sufficient detail to inform the agency of the nature and date of the al- leged 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. Historic preservation programs means programs conducted by the agency that 417