Enforcement of Nondiscrimination on the Basis of Disability in Programs and Activities Conducted by the Bureau of Consumer Financial Protection, 46606-46612 [2012-18827]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Rules and Regulations]
[Pages 46606-46612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18827]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1072

[Docket No. CFPB-2012-0025]


Enforcement of Nondiscrimination on the Basis of Disability in 
Programs and Activities Conducted by the Bureau of Consumer Financial 
Protection

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Interim final rule with request for public comment.

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SUMMARY: This interim final rule provides for the enforcement of 
section 504 of the Rehabilitation Act of 1973, as amended, which 
prohibits discrimination on the basis of disability in programs or 
activities conducted by the Bureau of Consumer Financial Protection. It 
sets forth standards for what constitutes discrimination on the basis 
of mental or physical disability, provides a definition for 
``individual with a disability'' and ``qualified individual with a 
disability,'' and establishes a complaint mechanism for resolving 
allegations of discrimination. The rule further clarifies that the 
complaint mechanism is also available for processing complaints that 
the agency has failed to meet accessibility standards for electronic 
and information technology, in violation of section 508 of the 
Rehabilitation Act of 1973.

DATES: This interim final rule is effective August 6, 2012. Written 
comments must be submitted by October 5, 2012.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2012-
0025, by any of the following methods:
     Electronic: https://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail or Hand Delivery/Courier: Monica Jackson, Office of 
the Executive Secretary, Consumer Financial Protection Bureau, 1700 G 
Street NW., Washington, DC 200552.
    Instructions: All submissions must include the agency name and 
docket number for this rulemaking. In general, all comments received 
will be posted without change to https://www.regulations.gov. In 
addition, comments will be available for public inspection and copying 
at 1700 G Street, NW., Washington, DC 20552, on official business days 
between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make an 
appointment to inspect the documents by telephoning (202) 435-7275.
    All comments, including attachments and other supporting materials, 
will become part of the public record and subject to public disclosure. 
Sensitive personal information, such as account numbers or social 
security numbers, should not be included. Comments will not be edited 
to remove any identifying or contact information.

FOR FURTHER INFORMATION CONTACT: Monica Jackson, Office of the 
Executive Secretary, Consumer Financial Protection Bureau, 1700 G 
Street NW., Washington, DC 20552 at 202-435-7275.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 21, 2010, the President signed into law the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (Pub. L. 111-203). Title X of 
that law is the Consumer Financial Protection Act of 2010 (the 
``Act''), which created the Bureau of Consumer Financial Protection 
(the ``Bureau''). Pursuant to the provisions of the Act, the Bureau 
began to exercise its authorities to regulate the offering and 
provision of consumer financial products and services under the federal 
consumer financial laws on July 21, 2011.

II. Summary of Interim Final Rule

    This interim final rule establishes procedures for the Bureau that 
are necessary to implement section 504 of the Rehabilitation Act of 
1973, 29 U.S.C. 794, as amended by the Rehabilitation, Comprehensive 
Services, and Developmental Disabilities Amendments of 1978, Sec.  119 
(Pub. L. 95-602, 92 Stat. 2982), the Rehabilitation Act Amendments of 
1986 (Pub. L. 99-506, 100 Stat. 1810), the Workforce Investment Act of 
1998 (Pub. L. 105-220, 112 Stat. 936), and the Americans with 
Disabilities Act Amendments of 2008 (Pub. L. 110-325, 122 Stat. 3553). 
It is an adaptation of the model rule prepared by the Department of 
Justice in 1980 under Executive Order 12250, 45 FR 72995, 3 CFR, 1980 
Comp., p. 298.
    The Bureau invites public comment on all aspects of this interim 
final rule and will take those comments into account before publishing 
a final rule.

Section-by-Section Analysis

Section 1072.101 Purpose
    Section 1072.101 states that the purpose of the rule is to 
effectuate section 119 of the Rehabilitation, Comprehensive Services, 
and Developmental Disabilities Amendments of 1978, which amended 
section 504 of the Rehabilitation Act of 1973 to prohibit 
discrimination on the basis of disability in programs or activities 
conducted by Executive agencies or the United States Postal Service.
Section 1072.102 Application
    The regulation applies to all programs or activities conducted by 
the Bureau.
Section 1072.103 Definitions
    Section 1072.103 defines terms that are utilized elsewhere in the 
rule. Several of these terms warrant brief discussion. The Bureau has 
modified the language of the Department of Justice model to replace the 
terms ``handicap,'' ``individual with a

[[Page 46607]]

handicap,'' and ``individuals with handicaps'' with the terms 
``disability,'' ``individual with a disability,'' and ``individuals 
with disabilities,'' respectively, in keeping with the most current 
statutory terms used in the Americans with Disabilities Act. 42 U.S.C. 
12101, et seq. The Bureau has modified the characterization of ``major 
life activities'' in the definition of ``individual with a disability'' 
to reflect the guidance provided by EEOC in its 2011 regulations 
interpreting the Americans with Disabilities Act Amendments Act of 
2008. We intend our definition of the term ``major life activities'' to 
be interpreted consistent with that guidance. Similarly, the evaluation 
of whether an identified disability ``substantially limits'' an 
individual's major life activities is not intended to be restrictive in 
nature and, with the exception of vision-correcting tools (eyeglasses 
and contact lenses), is to be made without regard to whether an 
individual has taken ameliorative measures. For example, an individual 
with bipolar disorder is within the definition of ``individual with a 
disability'' even if medication balances the individual's mood. 
Conditions that may be episodic, such as major depression, or subject 
to remission, such as cancer, will be evaluated as if they were active.
    The Bureau has also modified the language of the Department of 
Justice model to replace the outdated term ``mental retardation'' with 
``intellectual disability.'' The definition of ``auxiliary aids'' has 
been modified to reflect technological developments that have rendered 
obsolete some forms of communication common in 1984 through the use of 
new technologies available to the public.
Section 1072.104 Self-Evaluation
    This section commits the Bureau to conduct a self-evaluation of its 
compliance with section 504 within two years of the effective date of 
this regulation. This provision comports with the Department of Justice 
guidance. The Bureau recognizes the value of a self-evaluation process 
to obtain meaningful feedback from the community affected by this 
regulation and to promote effective and efficient implementation of 
section 504.
Section 1072.105 Notice
    This section commits the Bureau to make available to employees, 
applicants, participants, beneficiaries, and other interested persons 
sufficient information about Bureau programs and activities, and to 
apprise them of rights and protections afforded by section 504 and this 
regulation. The language of the section follows that of the Department 
of Justice model.
Section 1072.106 General Prohibitions Against Discrimination
    This section is an adaptation of the corresponding section of the 
Department of Justice model.
    Paragraph (a) restates the nondiscrimination mandate of section 
504. The remaining paragraphs in the section establish the general 
principles for analyzing whether any particular action of the agency 
violates this mandate. These principles serve as the analytical 
foundation for the remaining sections of the regulation.
    Paragraph (b) prohibits overt denials of equal treatment of 
individuals with disabilities. The Bureau may not refuse to provide an 
individual with a disability an opportunity to participate in or 
benefit from its programs on the basis of that disability. The 
determination, rather, must always be whether the individual, with or 
without a reasonable accommodation, has the actual ability to 
participate or benefit. Paragraph (b)(1)(iii) requires that the 
opportunity to participate or benefit afforded to an individual with a 
disability be as effective as the opportunity afforded to others--that 
is, that facilities be accessible to those with physical disabilities, 
and that assistive accommodations be available to those who may require 
such accommodations to access communications from the Bureau.
    Paragraph (b)(1)(iv) prohibits the Bureau from denying a qualified 
individual with a disability the opportunity to participate as a member 
of a planning or advisory board. Paragraphs (b)(2) through (b)(6) 
generally comport with the Department of Justice model language, except 
to the extent that they refer to ``individuals with disabilities'' 
rather than ``individuals with handicaps.'' These paragraphs 
collectively prohibit any Bureau policy or practice that would have the 
effect of unlawfully discriminating against individuals with 
disabilities, whether any such policy or practice is overtly 
exclusionary or, although neutral on its face, results in denying an 
effective opportunity for participation in a Bureau program or benefit 
to individuals with disabilities. Pursuant to these paragraphs, the 
Bureau must evaluate whether criteria or methods of administration may 
result in denial of opportunity to individuals with disabilities 
(paragraph (b)(4)), selection of facilities for use by the Bureau 
ensures accessibility for individuals with disabilities (paragraph 
(b)(5)), criteria for selection of procurement contractors may result 
in denial of opportunity to individuals with disabilities (paragraph 
(b)(6)), and licensing and certification procedures are neutrally 
applied to individuals with disabilities (paragraph (b)(7)).
    Paragraph (b)(8) clarifies that section 504 does not extend to the 
programs or activities of licensees or certified entities, which are 
not themselves federally conducted programs or activities.
    Paragraph (c) permits the Bureau to limit participation in programs 
designed to benefit individuals with disabilities or a given class of 
individuals with disabilities to those individuals or classes of 
individuals.
    Paragraph (d) provides the Bureau will administer programs and 
activities in the most integrated setting appropriate to the needs of 
qualified individuals with disabilities--that is, in a setting in which 
individuals with disabilities will be interacting with individuals who 
have not self-identified as having disabilities.
Section 1072.107 Employment
    This section prohibits unlawful discrimination on the basis of 
disability in employment by the Bureau. The section clarifies that the 
definitions, requirements, and procedures of section 501 of the 
Rehabilitation Act of 1973 apply to employment in federally conducted 
programs or activities.
Section 1072.108 Program Accessibility: Discrimination Prohibited
    Section 1072.108 states the general nondiscrimination principle 
underlying the program accessibility requirements of the following two 
sections.
Section 1072.109 Program Accessibility: Existing Facilities
    This section requires that each Bureau program or activity, when 
viewed in its entirety, be accessible to and usable by individuals with 
disabilities. The section does not require, however, that the Bureau 
make each existing facility in which it operates programs or activities 
accessible to and usable by individuals with disabilities, as long as 
program accessibility can be achieved through other means. Paragraph 
(a)(2) provides that in meeting the program accessibility requirement 
the Bureau is not required to take any action that would result in a 
fundamental alteration in the nature of its program or activity or that 
would result in undue financial and administrative burden. The 
paragraph states the burden of proving that compliance with 
accessibility requirements would fundamentally alter

[[Page 46608]]

the nature of a program or activity or would result in undue financial 
and administrative burdens rests with the Bureau. A decision that 
compliance would result in such alteration or burdens must be made by 
the Bureau head or his or her designee and must be accompanied by a 
written statement of the reasons for reaching that conclusion. Any 
person who believes that he or she has been injured by the Bureau 
head's decision or failure to make a decision may file a complaint 
under the compliance procedures established in Sec.  1072.112.
    Paragraph (b) sets forth methods by which program accessibility may 
be achieved, which include delivering services at alternate accessible 
sites or making home visits. The paragraph reiterates the Bureau's 
commitment to give priority to those methods that offer programs and 
activities to qualified individuals with disabilities in the most 
integrated setting appropriate.
    Paragraph (c) establishes the time period for complying with the 
program accessibility requirement. As a new federal entity occupying 
leased space, the Bureau is obligated to evaluate any prospective 
leased property to ensure that structural accessibility standards are 
satisfied. Aside from structural changes, all other necessary steps to 
achieve compliance shall be taken within ninety days of the effective 
date of this regulation.
Section 1072.110 Program Accessibility: New Construction and 
Alterations
    This section clarifies that the definitions, requirements, and 
standards of the Architectural Barriers Act, 42 U.S.C. 4151-4157, apply 
to all buildings or parts of buildings constructed or altered by or on 
behalf of the Bureau. Any such facilities must be readily accessible to 
and usable by individuals with disabilities.
Section 1072.111 Communications
    This section obligates the Bureau to provide appropriate assistive 
accommodations to ensure that the Bureau can communicate effectively 
with all applicants, participants, personnel of other federal entities, 
and members of the public, including individuals with disabilities. 
Paragraph (a)(1)(i) states that the Bureau will consider providing 
auxiliary aids in accordance with the expressed preference of the 
individual requesting accommodation. Paragraph (a)(1)(ii) notes that 
the Bureau is not obligated to provide personally prescribed devices to 
individuals with disabilities.
    Paragraph (b) states the Bureau will ensure that interested persons 
can obtain information about the existence and location of accessible 
services, activities, and facilities. Paragraph (c) commits the Bureau 
to provide signage utilizing the international symbol for accessibility 
informing individuals with disabilities of the location of accessible 
entrances to and routes within the Bureau's facilities.
    Paragraph (d) clarifies that this section does not require the 
Bureau 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, and sets forth the 
procedures whereby the Bureau may establish that such conditions exist.
Section 1072.112 Compliance Procedures
    Paragraph (a) of this section specifies that paragraphs (c) through 
(l) establish the procedures for processing complaints other than 
employment complaints. Paragraph (b) provides that the Bureau will 
process employment complaints according to procedures established in 
existing regulations of the Equal Employment Opportunity Commission, 29 
CFR part 1614, pursuant to section 501 of the Rehabilitation Act of 
1973, 29 U.S.C. 791.
    Paragraph (c) vests responsibility for the implementation and 
operation of this section in the Office of the Chief Human Capital 
Officer.
    Paragraph (d)(1) is adapted from the compliance procedures of the 
Department of Justice's model regulation. This paragraph prevents third 
parties from filing generalized complaints where there has been no harm 
to a particular individual or individuals. The Bureau is required to 
accept and investigate all complete complaints, as defined in Sec.  
1072.103.
    Paragraph (e) states if the Bureau determines that it does not have 
jurisdiction over a complaint, it shall promptly notify the complainant 
and make reasonable efforts to refer the complaint to an appropriate 
entity of the federal government. Paragraph (f) specifically requires 
the Bureau to notify the Architectural and Transportation Barriers 
Compliance Board upon receipt of a complaint alleging that a building 
or facility subject to the Architectural Barriers Act was designed, 
constructed, or altered in a manner that does not provide ready access 
to and use by individuals with disabilities.
    Paragraph (g) requires the Bureau to prepare written findings of 
fact and conclusions of law, the relief granted if noncompliance is 
found, and notice to the complainant of the right to appeal. Paragraph 
(i) provides for an internal appeal process within the Office of the 
Chief Human Capital Officer.
    Paragraph (l) permits the Bureau either to delegate its 
investigative responsibilities under this section to another federal 
agency or to contract with a nongovernmental investigator. The Bureau 
may not delegate its responsibility to make a determination of 
compliance or noncompliance.

III. Procedural Requirements

    The Bureau concludes this interim final rule constitutes a Bureau 
rule of organization, procedure, or practice that is exempt from notice 
and public comment pursuant to 5 U.S.C. 553(b).
    In any event, the Bureau has also determined that good cause 
exists, pursuant to 5 U.S.C. 553(b), to publish these regulations as an 
interim final rule. It is important for the Bureau to establish 
additional procedures promptly to facilitate the Bureau's interactions 
with the public. The Bureau began exercising certain parts of its 
regulatory authority on July 21, 2011, as well as launching several 
consumer outreach initiatives. The Bureau's public Web site has been 
developed to meet accessibility standards and to comport with Sec.  
508. Failure to establish such procedures promptly risks impairing the 
ability of individuals with disabilities to access Bureau facilities, 
communications, programs, and activities, and to participate in the 
public outreach that the Bureau encourages. Furthermore, the Bureau has 
adapted Department of Justice guidance that has been broadly 
implemented across the federal government. For all of these reasons, 
the Bureau concludes that notice and public comment are unnecessary for 
these regulations and that delay will be contrary to the public 
interest. For the same reasons, the Bureau has determined that this 
interim rule should be issued without a delayed effective date pursuant 
to 5 U.S.C. 553(d)(3).
    Notwithstanding these conclusions, the Bureau invites public 
comment on this interim final rule.
    Because no notice of proposed rulemaking is required, these 
regulations are not a ``rule'' as defined by the Regulatory Flexibility 
Act do not apply, 5 U.S.C. 601(2). The regulations in this part do not 
contain any information collection requirement that requires the 
approval of OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq.

[[Page 46609]]

List of Subjects in 12 CFR Part 1072

    Blind, Buildings, Civil rights, Employment, Equal employment 
opportunity, Federal buildings and facilities, Government employees, 
Individuals with disabilities.

Authority and Issuance

    For the reasons set forth above, the Bureau amends Chapter X in 
Title 12 of the Code of Federal Regulations by adding a new part 1072 
to read as follows:

CHAPTER X--BUREAU OF CONSUMER FINANCIAL PROTECTION

PART 1072--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF 
DISABILITY IN PROGRAMS AND ACTIVITIES CONDUCTED BY THE BUREAU OF 
CONSUMER FINANCIAL PROTECTION

Sec.
1072.101 Purpose.
1072.102 Application.
1072.103 Definitions.
1072.104 Review of compliance.
1072.105 Notice.
1072.106 General prohibitions against discrimination.
1072.107 Employment.
1072.108 Program accessibility: Discrimination prohibited.
1072.109 Program accessibility: Existing facilites.
1072.110 Program accessibility: New construction and alterations.
1072.111 Communications.
1072.112 Compliance procedures.

    Authority: 29 U.S.C. 794; 29 U.S.C. 794d.


Sec.  1072.101  Purpose.

    (a) This part implements section 504 of the Rehabilitation Act of 
1973, as amended by the Rehabilitation, Comprehensive Services, and 
Developmental Disabilities Amendments of 1978, Sec. 119 (Pub. L. 95-
602, 92 Stat. 2982), the Rehabilitation Act Amendments of 1986 (Pub. L. 
99-506, 100 Stat. 1810), the Workforce Investment Act of 1998 (Pub. L. 
105-220, 112 Stat. 936), and the Americans with Disabilities Act 
Amendments of 2008 (Pub. L. 110-325, 122 Stat. 3553), to prohibit 
discrimination on the basis of disability in programs or activities 
conducted by Executive agencies or the United States Postal Service.
    (b) This part is also intended to implement section 508 of the 
Rehabilitation Act of 1973 as amended to ensure that employees and 
members of the public with disabilities have access to, and are able to 
use, electronic and information technology (EIT) to the same extent as 
individuals without disabilities, unless an undue burden would be 
imposed on the department or the Bureau. Specifically, this part 
clarifies that individuals with disabilities may utilize the complaint 
procedures established in section 504 to enforce rights guaranteed 
under section 508.


Sec.  1072.102  Application.

    This part applies to all programs, activities, and electronic and 
information technology developed, procured, maintained, used, or 
conducted by the Bureau.


Sec.  1072.103  Definitions.

    For purposes of this part Auxiliary aids means services or devices 
that enable persons with impaired sensory, manual, or speaking skills 
to have an opportunity to participate in, and enjoy the benefits of, 
programs or activities conducted by the Bureau. 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 hearing include 
telephone handset amplifiers, telephones compatible with hearing aids, 
telecommunications devices for deaf persons (TDD's), interpreters, 
Computer-aided real-time transcription (CART), captioning, note takers, 
written materials, and other similar services and devices.
    Bureau means the Bureau of Consumer Financial Protection.
    Complete complaint means a written statement or a complaint in 
audio, Braille, electronic, and/or video format, that contains the 
complainant's name and address, and describes the Bureau's alleged 
discriminatory action in sufficient detail to inform the Bureau of the 
nature and date of the alleged violation of section 504 or section 508. 
It shall be signed by the complainant or by someone authorized to do so 
on his or her behalf. Complaints in audio, Braille, electronic, and/or 
video formats shall contain an affirmative identity statement of the 
individual, which for this purpose shall be considered to be 
functionally equivalent to a complaint's signature. Complaints filed on 
behalf of classes of individuals with disabilities shall also identify 
(where possible) the alleged victims of discrimination.
    Electronic and information technology means information technology 
and any equipment or interconnected system or subsystem of equipment 
that is used in the creation, conversion, or duplication of data or 
information. The term includes, but is not limited to, 
telecommunications products (such as telephones), information kiosks 
and transaction machines, world-wide web sites, multimedia, and office 
equipment such as copiers and fax machines. The term does not include 
any equipment that contains embedded information technology that is 
used as an integral part of the product, but the principal function of 
which is not the acquisition, storage, manipulation, management, 
movement, control, display, switching, interchange, transmission, or 
reception of data or information. For example, HVAC (heating, 
ventilation, and air conditioning) equipment such as thermostats or 
temperature control devices, and medical equipment where information 
technology is integral to its operation are not electronic and 
information technology.
    Facility means all or any portion of a building, structure, 
equipment, road, walk, parking lot, rolling stock or other conveyance, 
or other real or personal property.
    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 of the individual's major life 
activities.
    Is regarded as having an impairment means--
    (1) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the Bureau as 
constituting such a limitation;
    (2) 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
    (3) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the Bureau as having such an impairment.
    Individual with a disability means any person who has a physical or 
mental impairment that substantially limits one or more of the 
individual's 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:
    Major life activities includes without limitation--
    (1) Caring for oneself, performing manual tasks, seeing, hearing, 
eating, sleeping, walking, standing, sitting, reaching, lifting, 
bending, speaking, breathing, learning, reading, concentrating, 
thinking, communicating, interacting with others, and working.
    (2) The operation of major bodily functions of the immune system, 
special sense organs and skin, normal cell growth, and digestive 
genitourinary,

[[Page 46610]]

bowel, bladder, neurological, brain, respiratory, circulatory, 
cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and 
reproductive functions. The operation of a major bodily function 
includes the operation of an individual organ within a body system.
    (3) In determining other examples of major life activities, the 
Bureau will follow the guidance provided by EEOC in its 2011 
regulations interpreting the Americans with Disabilities Act Amendments 
Act of 2008.
    Physical or mental impairment includes without limitation:
    (1) 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; hemic and lymphatic; skin; and 
endocrine.
    (2) Any mental or psychological disorder such as an intellectual 
disability, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities.
    (3) Diseases and conditions such as orthopedic, visual, speech and 
hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, 
multiple sclerosis, cancer, heart disease, diabetes, intellectual 
disability, emotional illness, drug addiction and alcoholism.
    Program or Activity means any activity of the Bureau permitted or 
required by its enabling statutes, including but not limited to any 
proceeding, investigation, hearing, or meeting.
    Qualified individual with a disability means:
    (1) In reference to individuals other than employees of the 
Bureau--
    (i) With respect to any Bureau program or activity under which an 
individual is required to perform services or to achieve a level of 
accomplishment, an individual with a disability who, with or without 
reasonable accommodations, meets the essential eligibility requirements 
for participation in the program or activity, and who can achieve the 
purpose of the program or activity without modifications in the program 
or activity that would result in a fundamental alteration in its 
nature; or
    (ii) With respect to any other program or activity, an individual 
with a disability who, with or without reasonable modification to 
rules, policies, or practices that do not change the fundamental nature 
of the activity, or the provision of auxiliary aids, meets the 
essential eligibility requirements for participation in, or receipt of 
benefits from, that program or activity; or
    (2) In reference to individuals employed by the Bureau, the 
definition of that term for purposes of employment contained in 29 CFR 
1630.2(m), which is made applicable to this part by Sec.  1072.101.
    Section 504 means section 504 of the Rehabilitation Act of 1973 as 
amended. As used in this part, Sec.  504 applies only to programs or 
activities conducted by Executive agencies and not to federally 
assisted programs.
    Section 508 means section 508 of the Rehabilitation Act of 1973 as 
amended.


Sec.  1072.104  Review of compliance.

    (a) The Bureau shall, within two years of the promulgation of this 
regulation, review its current policies and practices in view of 
advances in relevant technology and achievability. Based on this 
review, the Bureau shall modify its practices and procedures to ensure 
that the Bureau's programs and activities are fully accessible.
    (b) The Bureau shall provide an opportunity to interested persons, 
including individuals with disabilities or organizations representing 
individuals with disabilities, to participate in the review process.
    (c) The Bureau shall maintain on file and make available for public 
inspection until three years following the completion of the compliance 
review--
    (1) A description of areas examined and any problems identified; 
and
    (2) A description of any modifications made.


Sec.  1072.105  Notice.

    The Bureau shall make available to all Bureau employees, 
applicants, participants, beneficiaries, and other interested persons 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the Bureau in a manner that 
apprises them of the protections against discrimination provided by 
Sec.  504 and this regulation.


Sec.  1072.106  General prohibitions against discrimination.

    (a) No qualified individual with a disability in the United States, 
shall, on the basis of disability, be excluded from the participation 
in, be denied the benefits of, or otherwise be subjected to 
discrimination under any program or activity conducted by the Bureau.
    (b) Discriminatory actions prohibited. (1) The Bureau, in providing 
any aid, benefit, or service, may not directly or through contractual, 
licensing, or other arrangements, on the basis of disability--
    (i) Deny a qualified individual with a disability the opportunity 
to participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with a disability an opportunity 
to participate in or benefit from the aid, benefit, or service that is 
not substantially equivalent to that afforded others;
    (iii) Provide different or separate aid, benefits or services to 
individuals with disabilities or to any class of individuals with 
disabilities than is provided to others unless such action is necessary 
to provide qualified individuals with disabilities with aid, benefits 
or services that are as effective as those provided to others;
    (iv) Deny a qualified individual with a disability the opportunity 
to participate as a member of planning or advisory boards.
    (2) For purposes of this part, aids, benefits, and services, to be 
equally effective, are not required to produce the identical result or 
level of achievement for individuals with disabilities and for persons 
who are not so identified, but must afford individuals with 
disabilities a reasonable opportunity to obtain the same result, to 
gain the same benefit, or to reach the same level of achievement in the 
most integrated setting appropriate to the individual's needs.
    (3) Even if the Bureau is permitted, under paragraph (b)(1)(iv) of 
this section, to operate a separate or different program for 
individuals with disabilities or for any class of individuals with 
disabilities, to the extent reasonably feasible, the Bureau must permit 
any qualified individual with a disability who wishes to participate in 
the program that is not separate or different to do so.
    (4) The Bureau 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 disabilities to unlawful 
discrimination on the basis of disability; or
    (ii) Defeat or substantially impair accomplishment of the 
objectives of a program or activity with respect to individuals with 
disabilities.
    (5) The Bureau may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude individuals with disabilities from, deny them the 
benefits of, or otherwise subject them to unlawful discrimination under 
any

[[Page 46611]]

program or activity conducted by the Bureau; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to individuals with 
disabilities.
    (6) The Bureau, in the selection of procurement contractors, may 
not use criteria that subject qualified individuals with disabilities 
to unlawful discrimination on the basis of disability.
    (7) The Bureau may not administer a licensing or certification 
program in a manner that subjects qualified individuals with 
disabilities to unlawful discrimination on the basis of disability, nor 
may the Bureau establish requirements for the programs or activities of 
licensees or certified entities that subject qualified individuals with 
disabilities to unlawful discrimination on the basis of disability. 
However, the programs or activities of entities that are licensed or 
certified by the Bureau are not, themselves, covered by this part.
    (8) The Bureau shall make reasonable modifications in policies, 
practices, or procedures when the modifications are necessary to avoid 
discrimination on the basis of disability, unless the Bureau can 
demonstrate that making the modifications would fundamentally alter the 
nature of the program, service, or activity.
    (c) The exclusion of persons who have not self-identified as having 
disabilities from the benefits of a program limited by federal statute 
or Executive order to individuals with disabilities or the exclusion of 
a specific class of individuals with disabilities from a program 
limited by federal statute or Executive order to a different class of 
individuals with disabilities is not prohibited by this part.
    (d) The Bureau shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified individuals 
with disabilities.


Sec.  1072.107  Employment.

    No qualified individual with disability shall, on the basis of 
disability, be subjected to unlawful discrimination in employment under 
any program or activity conducted by the Bureau. The definitions, 
requirements and procedures of Sec.  501 of the Rehabilitation Act of 
1973, 29 U.S.C. 791, as established by the Equal Employment Opportunity 
Commission in 29 CFR parts 1614 and 1630, shall apply to employment in 
federally conducted programs or activities.


Sec.  1072.108  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec.  1072.109 no qualified 
individual with a disability shall, because the Bureau's facilities are 
inaccessible to or unusable by individuals with disabilities, be denied 
the benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the Bureau .


Sec.  1072.109  Program accessibility: Existing facilities.

    (a) General. The Bureau shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is 
accessible to and usable by individuals with disabilities. This 
paragraph does not require the Bureau
    (1) To make structural alterations in each of its existing 
facilities in order to make them accessible to and usable by 
individuals with disabilities where other methods are effective in 
achieving compliance with this section; or
    (2) To take any action that would result in a fundamental 
alteration in the nature of a program or activity or in undue financial 
and administrative burdens. If an action would result in such an 
alteration or such burdens, the Bureau shall take any other action that 
would not result in such an alteration or such burdens but would 
nevertheless to the extent reasonably feasible ensure that individuals 
with disabilities receive the benefits and services of the program or 
activity.
    (b) Methods. The Bureau 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 disabilities. The Bureau, in making alterations to 
existing buildings, shall meet accessibility requirements to the extent 
compelled 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 Bureau shall give priority to those methods that offer programs and 
activities to qualified individuals with disabilities in the most 
integrated setting appropriate.
    (c) Time period for compliance. The Bureau shall comply with the 
obligations established under this section within ninety (90) days of 
the effective date of this part except that where structural changes in 
facilities are undertaken, such changes in facilities are undertaken, 
such changes shall be made within three years of the effective date of 
this part, but in any event as expeditiously as possible.


Sec.  1072.110  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 Bureau shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with disabilities. The definitions, requirements, and 
standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as 
implemented in 41 CFR 101-19.600 through 101-19.607, apply to buildings 
covered by this section.


Sec.  1072.111  Communications.

    (a) The Bureau shall take appropriate steps to effectively 
communicate with applicants, participants, personnel of other federal 
entities, and members of the public.
    (1) The Bureau shall furnish appropriate auxiliary aids where 
necessary to afford an individual with a disability an equal 
opportunity to participate in, and enjoy the benefits of, a program or 
activity conducted by the Bureau.
    (i) In determining what type of auxiliary aid is necessary, the 
Bureau shall give consideration to any reasonable request of the 
individual with a disability.
    (ii) The Bureau need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature to applicants or participants in programs.
    (2) Where the Bureau communicates with applicants and beneficiaries 
by
    telephone, the Bureau shall use a telecommunication device for deaf 
persons (TDD's) or equally effective telecommunication systems to 
communicate with persons with impaired hearing.
    (b) The Bureau shall make available to interested persons, 
including persons with impaired vision or hearing, information as to 
the existence and location of accessible services, activities, and 
facilities.
    (c) The Bureau shall post notices at a primary entrance to each of 
its inaccessible facilities, directing users to an accessible facility, 
or to a location at which they can obtain information about accessible 
facilities. The international symbol for accessibility shall be used at 
each primary entrance of an accessible facility.

[[Page 46612]]

    (d) This section does not require the Bureau to take any action 
that would result in a fundamental alteration in the nature of a 
program or activity or in undue financial and administrative burdens.


Sec.  1072.112.  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
disability in programs and activities conducted by the Bureau and 
denial of access to electronic and information technology.
    (b) The Bureau shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1614 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) All other complaints alleging violations of section 504 or 
section 508 may be sent to Labor and Employee Relations, Office of the 
Chief Human Capital Officer Consumer Financial Protection Bureau, 1700 
G Street NW., Washington, DC 20052. The Office of the Chief Human 
Capital Officer shall be responsible for coordinating implementation of 
this section.
    (d) Complaint-filing procedures. (1) Any person who believes that 
he or she has been subjected to discrimination prohibited by this part 
may by himself or herself or by his or her authorized representative 
file a complaint. Any person who believes that any specific class of 
persons has been subjected to discrimination prohibited by this part 
and who is a member of that class or the authorized representative of a 
member of that class may file a class complaint.
    (2) The Bureau shall accept and investigate each timely filed, 
complete complaint over which it has jurisdiction.
    (3) A complete complaint must be filed within 180 days of the 
alleged act of discrimination. A complaint submitted to the Bureau via 
first-class mail will be deemed to have been filed when postmarked. A 
complaint submitted to the Bureau via any other means of delivery will 
be deemed to have been filed when received by the Bureau. The Bureau 
may extend this time period for good cause.
    (e) If the Bureau receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The Bureau shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to 
and usable by individuals with disabilities.
    (g)(1) Within 180 days of the receipt of a timely filed, complete 
complaint over which it has jurisdiction, the Bureau shall notify the 
complainant of the results of the investigation in a letter containing:
    (i) Findings of fact and conclusions of law;
    (ii) A description of a remedy for each violation found; and
    (iii) A notice of the right to appeal.
    (2) Bureau employees are required to cooperate in the investigation 
and attempted resolution of complaints. Employees who are required to 
participate in any investigation under this section shall do so as part 
of their official duties and during the course of regular duty hours.
    (3) If a complaint is resolved informally, the terms of the 
agreement shall be reduced to writing and made part of the complaint 
file, with a copy of the agreement provided to the complainant. The 
written agreement shall describe the subject matter of the complaint 
and any corrective action to which the parties have agreed.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 30 days of receipt 
from the Bureau of the letter required by Sec.  1072.112(g). The Bureau 
may extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the Chief 
Human Capital Officer, who will issue the final agency decision which 
may include appropriate corrective action to be taken by the Bureau.
    (j) The Bureau shall notify the complainant of the results of the 
appeal within 60 days of the receipt of the timely appeal. If the 
Bureau determines that it needs additional information from the 
complainant, it shall have 60 days from the date it received the 
additional information to make its determination on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended for an individual case when the Chief Human Capital 
Officer determines there is good cause, based on the particular 
circumstances of that case, for the extension.
    (l) The Bureau may delegate its authority for conducting complaint 
investigations to other federal agencies or may contract with a 
nongovernment investigator to perform the investigation, but the 
authority for making the final determination may not be delegated to 
another entity.

    Dated: June 18, 2012.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2012-18827 Filed 8-3-12; 8:45 am]
BILLING CODE 4810-AM-P