45 C.F.R. Subpart A—General Provisions
Title 45 - Public Welfare
The purpose of this part is to implement section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance. This part applies to each recipient of financial assistance from the National Endowment for the Arts and to each program or activity that receives such assistance. [44 FR 22734, Apr. 17, 1979, as amended at 68 FR 51384, Aug. 26, 2003] As used in this part, the term: (a) The Act means the Rehabilitation Act of 1973, Public Law 93–112, as amended by the Rehabilitation Act Amendments of 1974, (Pub. L. 93–516, 29 U.S.C. 706 et seq.) and the Comprehensive Rehabilitation Services Amendments of 1978, (Pub. L. 95–602). (b) Section 504 means section 504 of the Act. (c) Endowment means the National Endowment for the Arts. (d) Chairman means the Chairman, National Endowment for the Arts. (e) Recipient means any state or its political subdivision, any instrumentality of a state or its political subdivision, 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. (f) Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Endowment provides or otherwise makes available assistance in the form of: (1) Funds; (2) Services of federal personnel; or (3) Real and personal property or any interest in or use of such property, including: (i) Transfers of 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. (g) Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in such property. (h) Program or activity means all of the operations of any entity described in paragraphs (h)(1) through (4) of this section, 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 paragraph (h)(1), (2), or (3) of this section. [44 FR 22734, Apr. 17, 1979, as amended at 68 FR 51384, Aug. 26, 2003] (a) A recipient shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of handicap in violation of section 504 and this part. The notification shall state, where appropriate, that the recipient does not discriminate in admission or access to, or employment in, its programs or activities. Methods of initial and continuing notification may include the posting of notices, publication in print, audio, and visual media, placement of notices in a recipient's publication, and distribution of other written and verbal communications. (b) If a recipient publishes or uses recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants, or employees, it shall include in those materials or publications a statement of the policy described in paragraph (a) of this section. A recipient may meet the requirement of this paragraph either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications. [44 FR 22734, Apr. 17, 1979, as amended at 68 FR 51384, Aug. 26, 2003] (a) Recipients are not excused from complying with this part as a result of state or local laws which limit the eligibility of handicapped persons to receive services or to practice a profession or occupation. (b) The presence of limited employment opportunities in a particular profession does not excuse a recipient from complying with the regulation. For example, a music school receiving Endowment financial assistance could not deny admission to a qualified blind applicant because a blind singer may experience more difficulty than a nonhandicapped singer in finding a job.
Title 45: Public Welfare
PART 1151—NONDISCRIMINATION ON THE BASIS OF HANDICAP
Subpart A—General Provisions
§ 1151.1 Purpose.
§ 1151.2 Application.
§ 1151.3 Definitions.
§ 1151.4 Notice.
§ 1151.5 Inconsistent State laws and effect of employment opportunities.
§§ 1151.6-1151.10 [Reserved]
