[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR56.3]



[Page 324-325]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 56_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND 

ACTIVITIES ASSISTED OR CONDUCTED BY THE DEPARTMENT OF DEFENSE--Table 

of Contents

 

Sec.  56.3  Definitions.



    (a) Facility. All or any portion of buildings, structures, 

equipment, roads, walks, parking lots, or other real or personal 

property or any interest in such property.

    (b) Federal financial assistance. Any grant, loan, contract (other 

than a procurement contract or a contract of insurance or guaranty), or 

any other arrangement by which the Federal Government provides or 

otherwise makes available assistance in the form of:

    (1) Funds.

    (2) Services performed by Federal personnel, including technical 

assistance, counseling, training, and provision of statistical or expert 

information.

    (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.

    (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.

    (c) Handicapped person. Any person who has a physical or mental 

impairment that substantially limits one or more major life activities, 

has a record of such an impairment, or is regarded as having such an 

impairment. For



[[Page 325]]



purposes of this Directive as it relates to employment programs of 

recipients, such term does not include any individual who is an 

alcoholic or drug abuser and whose current use of alcohol or drugs 

prevents such individual from performing the duties of the job in 

question, or whose employment, by reason of such current alcohol or drug 

abuse, would constitute a direct threat to property or to the safety of 

others. As used in this paragraph:

    (1) Physical or mental impairment. Any physiological disorder or 

condition, cosmetic disfigurement, or anatomical loss affecting one or 

more of the following body systems: Neurological; musculoskeletal and 

special sense organs; respiratory, including speech organs; 

cardiovascular; reproductive; digestive; genito-urinary; hemic and 

lymphatic; skin; and endocrine; or any mental or psychological disorder, 

such as mental retardation, organic brain syndrome, emotional or mental 

illness, and specific learning disabilities. The term includes such 

diseases and conditions as orthopedic, visual, speech, and hearing 

impairments; cerebral palsy, epilepsy, and muscular dystrophy; multiple 

sclerosis; cancer; heart disease; diabetes; drug abuse; and alcoholism.

    (2) Major life activities. 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. 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. Has: (i) A physical or 

mental impairment that does not substantially limit major life 

activities but is treated by a recipient or DoD Component as 

constituting such a limitation;

    (ii) A physical or a mental impairment that substantially limits 

major life activities only as a result of the attitudes of others toward 

such impairment; or

    (iii) None of the impairments defined above, but is treated by a 

recipient or DoD Component as having such an impairment.

    (d) Historic properties. Those properties listed or eligible for 

listing in the National Register of Historic Places.

    (e) Include; such as. Not all the possible items are covered, 

whether like or unlike the ones named.

    (f) Qualified handicapped person. A handicapped person who:

    (1) With respect to employment, can perform the essential functions 

of the job in question with reasonable accommodation.

    (2) With respect to services, meets the essential eligibility 

requirements for receiving the services in question.

    (g) Recipient. Any State or political subdivision or instrumentality 

thereof, any public or private agency, institution, organization, or 

other entity, or any person that receives Federal financial assistance 

directly or through another recipient, including any successor, 

assignee, or transferee of a recipient, but not the ultimate beneficiary 

of the assistance. The term includes persons and entities applying to be 

recipients.

    (h) Substantial impairment. A significant loss of the integrity of 

finished materials, design quality, or special character resulting from 

a permanent alteration.