[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR15.50]

[Page 72-73]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 15_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY 
 
Sec.  15.50  Program accessibility; existing facilities.

    (a) General. The Department shall operate each program or activity 
so that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by individuals with a disability. This 
paragraph (a) does not require the Department:
    (1) To make structural alterations in each of its existing 
facilities in order to make them accessible to and usable by individuals 
with a disability where other methods are effective in achieving 
compliance with this section; or
    (2) To take any action that it can demonstrate would result in a 
fundamental alteration in the nature of a program or activity or in 
undue financial and administrative burdens. In those circumstances where 
Department personnel believe that the proposed action would 
fundamentally alter the program or activity or would result in undue 
financial and administrative burdens, the Department has the burden of 
proving that compliance with this paragraph (a) of this section would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the Secretary of 
Homeland Security (or his or her designee) after considering all agency 
resources available for use in the funding and operation of the 
conducted program or activity and must be accompanied by a written 
statement of the reasons for reaching that conclusion. If an action 
would result in such an alteration or such burdens, the Department shall 
take any other action that would not result in such an alteration or 
such burdens but would nevertheless ensure that individuals with a 
disability receive the benefits and services of the program or activity.
    (b) Methods. The Department may comply with the requirements of this 
section through such means as redesign of equipment, reassignment of 
services to accessible buildings, assignment of aides to beneficiaries, 
home visits, delivery of services at alternate accessible sites, 
alteration of existing facilities and construction of new facilities, 
use of accessible rolling stock, or any other methods that result in 
making its programs or activities readily accessible to and usable by 
individuals with a disability. The Department, in making alterations to 
existing buildings, shall meet accessibility requirements to the extent 
required by the Architectural Barriers Act of 1968, as amended (42 
U.S.C. 4151-4157), and any regulations implementing it. In choosing 
among available methods for meeting the requirements of this section, 
the Department shall give priority to those methods that offer programs 
and activities to qualified individuals with a disability in the most 
integrated setting appropriate.
    (c) Time period for compliance. The Department shall comply with the 
obligations established under this section not later than May 5, 2003, 
except that where structural changes in facilities are undertaken, such 
changes shall be made not later than March 6, 2006, but in any event as 
expeditiously as possible. If a component within the Department has 
already complied with the accessibility requirements of a regulation 
implementing section 504, then the provisions of this paragraph shall 
apply only to facilities for that agency's programs and activities that 
were not previously made readily accessible to and usable by individuals 
with disabilities in compliance with that regulation.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
Department shall develop not later than September 8, 2003, a transition 
plan setting forth the steps necessary to complete such changes. The 
Department shall provide an opportunity to interested persons, including 
individuals with disabilities or organizations representing individuals

[[Page 73]]

with disabilities, to participate in the development of the transition 
plan by submitting comments (both telephonic and written). A copy of the 
transition plan shall be made available for public inspection. If a 
component of the Department has already complied with the transition 
plan requirement of a regulation implementing section 504, then the 
requirements of this paragraph shall apply only to the agency's 
facilities for programs and activities that were not included in the 
previous transition plan. The plan shall at a minimum:
    (1) Identify physical obstacles in the Department's facilities that 
limit the physical accessibility of its programs or activities to 
individuals with disabilities;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.