HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/FEDERAL/REHAB.ASC

Text File | 1994-01-14 | 52KB | 1,040 lines

 791.  Employment of individuals with disabilities

        (a) Interagency Committee on Employees who are
Individuals with Disabilities; establishment; membership; co-
chairmen; availability of other Committee resources; purpose and
functions. There is established within the Federal Government an
Interagency Committee on Employees who are Individuals with
Disabilities (hereinafter in this section referred to as the
"Committee"), comprised of such members as the President may
select, including the following (or their designees whose
positions are Executive Level IV [5 USC 5315] or higher): the
Chairman of the Equal Employment Opportunity Commission
(hereinafter in this section referred to as the "Commission"),
the Director of the Office of Personnel Management, the
Secretary of Veterans Affairs[,] the Secretary of Labor, the
Secretary of Education, and the Secretary of Health and Human
Services. Either the Director of the Office of Personnel
Management and the Chairman of the Commission shall serve as co-
chairpersons of the Committee or the Director or Chairman shall
serve as the sole chairperson of the Committee, as the Director
and Chairman jointly determine, from time to time, to be
appropriate.  The resources of the President's Committees on
Employment of People With Disabilities and on Mental Retardation
shall be made fully available to the Committee. It shall be the
purpose and function of the Committee (1) to provide a focus for
Federal and other employment of individuals with disabilities,
and to review, on a periodic basis, in cooperation with the
Commission, the adequacy of hiring, placement, and advancement
practices with respect to individuals with disabilities, by each
department, agency, and instrumentality in the executive branch
of Government, and to insure that the special needs of such
individuals are being met; and (2) to consult with the
Commission to assist the Commission to carry out its
responsibilities under subsections (b), (c), and (d) of this
section. On the basis of such review and consultation, the
Committee shall periodically make to the Commission such
recommendations for legislative and administrative changes as it
deems necessary or desirable. The Commission shall timely
transmit to the appropriate committees of Congress any such
recommendations.

(b) Federal agencies; affirmative action program plans. Each
department, agency, and instrumentality (including the United
States Postal Service and the Postal Rate Commission) in the
executive branch shall, with one hundred and eighty days after
the date of enactment of this Act [enacted Sept. 26, 1973],
submit to the Commission and to the Committee an affirmative
action program plan for the hiring, placement, and advancement
of individuals with disabilities in such department, agency, or
instrumentality. Such plan shall include a description of the
extent to which and methods whereby the special needs of
employees who are individuals with disabilities are being met.
Such plan shall be updated annually, and shall be reviewed
annually and approved by the Commission, if the Commission
determines, after consultation with the Committee, that such
plan provides sufficient assurances, procedures and commitments
to provide adequate hiring, placement, and advancement
opportunities for individuals with disabilities.

(c) State agencies; rehabilitated individuals, employment. The
Commission, after consultation with the Committee, shall develop
and recommend to the Secretary for referral to the appropriate
State agencies, policies and procedures which will facilitate
the hiring, placement, and advancement in employment of
individuals who have received rehabilitation services under
State vocational rehabilitation programs, veterans' programs, or
any other program for individuals with disabilities, including
the promotion of job opportunities for such individuals. The
Secretary shall encourage such State agencies to adopt and
implement such policies and procedures.

(d) Report to Congressional committees. The Commission after
consultation with the Committee, shall, on June 30, 1974, and at
the end of each subsequent fiscal year, make a complete report
to the appropriate committees of the Congress with respect to
the practices of and achievements in hiring, placement, and
advancement of individuals with disabilities by each department,
agency, and instrumentality and the effectiveness of the
affirmative action programs required by subsection (b) of this
section, together with recommendations as to legislation which
have been submitted to the Commission under subsection (a) of
this section, or other appropriate action to insure the adequacy
of such practices. Such report shall also include an evaluation
by the Committee of the effectiveness of the activities of the
Office of Personnel Management under subsections (b) and (c) of
this section.

(e) Federal work experience without pay; non-Federal status. An
individual who, as a part of an individualized written
rehabilitation program under a State plan approved under this
Act [29 USC 701 et seq.], participates in a program of unpaid
work experience in a Federal agency, shall not, by reason
thereof, be considered to be a Federal employee or to be subject
to the provisions of law relating to Federal employment,
including those relating to hours of work, rates of
compensation, leave, unemployment compensation, and Federal
employee benefits.

(f) Federal agency cooperation; special consideration for
positions on President's Committee on Employment of People With
Disabilities.(1) The Secretary of Labor and the Secretary of
Education are authorized and directed to cooperate with the
President's Committee on Employment of People With Disabilities
in carrying out its functions.

     (2) In selecting personnel to fill all positions on the
President's Committee on Employment of People With Disabilities,
special consideration shall be given to qualified individuals
with disabilities.

(g) Standards applicable to complaints. The standards used to
determine whether this section has been violated in a complaint
alleging nonaffirmative action employment discrimination under
this section shall be the standards applied under title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et
seq.) and the provisions of sections 501 through 504, and 510,
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-
12204 and 12210), as such sections relate to employment.

 792.  Architectural and Transportation Barriers Compliance
Board


(a) Establishment; membership; chairperson; vice-chairperson;
term of office; termination of membership; reappointment;
compensation and travel expenses; bylaws; quorum
requirements.(1) There is established within the Federal
Government the Architectural and Transportation Barriers
Compliance Board (hereinafter referred to as the "Access Board")
which shall be composed as follows:

          (A) Thirteen members shall be appointed by the
President from among members of the general public of whom at
least a majority shall be individuals with disabilities.

          (B) The remaining members shall be the heads of each
of the following departments or agencies (or their designees
whose positions are executive level IV or higher [5 USC 5315]):

               (i) Department of Health and Human Services.

               (ii) Department of Transportation.

               (iii) Department of Housing and Urban
Development.

               (iv) Department of Labor.

               (v) Department of the Interior.

               (vi) Department of Defense.

               (vii) Department of Justice.

               (viii) General Services Administration.

               (ix) Department of Veterans Affairs.

               (x) United States Postal Service.

               (xi) Department of Education.

               (xii) Department of Commerce.

The Chairperson and vice-chairperson of the Access Board shall
be elected by majority vote of the members of the Access Board
to serve for terms of one year. When the chairperson is a member
of the general public, the vice-chairperson shall be a Federal
official; and when the chairperson is a Federal official, the
vice-chairperson shall be a member of the general public. Upon
the expiration of the term as chairperson of a member who is a
Federal official, the subsequent chairperson shall be a member
of the general public; and vice versa.

     (2) (A) (i) The term of office of each appointed member of
the Access Board shall be 4 years, except as provided in clause
(ii). Each year, the terms of office of at least three appointed
members of the board [Access Board] shall expire.

               (ii) (I) One member appointed for a term
beginning December 4, 1992 shall serve for a term of 3 years.

                    (II) One member appointed for a term
beginning December 4, 1993 shall serve for a term of 2 years.

                    (III) One member appointed for a term
beginning December 4, 1994 shall serve for a term of 1 year.

                    (IV) Members appointed for terms beginning
before December 4,
1992 shall serve for terms of 3 years.

          (B) A member whose term has expired may continue to
serve until a successor has been appointed.

          (C) A member appointed to fill a vacancy shall serve
for the remainder of the term to which that member's predecessor
was appointed.

     (3) If any appointed member of the Access Board becomes a
Federal employee, such member may continue as a member of the
Access Board for not longer than the sixty-day period beginning
on the date the member becomes a Federal employee.

     (4) No individual appointed under paragraph (1)(A) of this
subsection who has served as a member of the Access Board may be
reappointed to the Access Board more than once unless such
individual has not served on the Access Board for a period of
two years prior to the effective date of such individual's
appointment.

     (5) (A) Members of the Access Board who are not regular
full-time employees of the United States shall, while serving on
the business of the Access Board, be entitled to receive
compensation at rates fixed by the President, but not to exceed
the daily equivalent of the rate of pay for level 4 of the
Senior Executive Service Schedule under section 5382 of title 5,
United States Code, including travel time, for each day they are
engaged in the performance of their duties as members of the
Access Board; and shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred by them in
carrying out their duties under this section.

          (B) Members of the Access Board who are employed by
the Federal Government shall serve without compensation, but
shall be reimbursed for travel, subsistence, and other necessary
expenses incurred by them in carrying out their duties under
this section.

(6) (A) The Access Board shall establish such bylaws and other
rules as may be appropriate to enable the Access Board to carry
out its functions under this Act.

          (B) The bylaws shall include quorum requirements. The
quorum requirements shall provide that (i) a proxy may not be
counted for purposes of establishing a quorum, and (ii) not less
than half the members required for a quorum shall be members of
the general public appointed under paragraph (1)(A).

(b) Functions. It shall be the function of the Access Board to:

     (1) ensure compliance with the standards prescribed
pursuant to the Act entitled "An Act to ensure that certain
buildings financed with Federal funds are so designed and
constructed as to be accessible to the physically handicapped",
approved August 12, 1968 (commonly known as the Architectural
Barriers Act of 1968; 42 U.S.C. 4151 et seq.) (including the
application of such Act to the United States Postal Service),
including enforcing all standards under such Act, and ensuring
that all waivers and modifications to the standards are based on
findings of fact and are not inconsistent with the provisions of
this section;

     (2) develop advisory guidelines for, and provide
appropriate technical assistance to, individuals or entities
with rights or duties under regulations prescribed pursuant to
this title [29 USC 790 et seq.] or titles II and III of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.
and 12181 et seq.) with respect to overcoming architectural,
transportation, and communication barriers;

     (3) establish and maintain minimum guidelines and
requirements for the standards issued pursuant to the Act
commonly known as the Architectural Barriers Act of 1968 and
titles II and III of the Americans with Disabilities Act of 1990
[42 USC 12131 et seq., 12181 et seq.];

     (4) promote accessibility throughout all segments of
society;

     (5) investigate and examine alternative approaches to the
architectural, transportation, communication, and attitudinal
barriers confronting individuals with disabilities, particularly
with respect to telecommunications devices, public buildings and
monuments, parks and parklands, public transportation (including
air, water, and surface transportation, whether interstate,
foreign, intrastate, or local), and residential and
institutional housing;

     (6) determine what measures are being taken by Federal,
State, and local governments and by other public or nonprofit
agencies to eliminate the barriers described in paragraph (5);

     (7) promote the use of the International Accessibility
Symbol in all public facilities that are in compliance with the
standards prescribed by the Administrator of General Services,
the Secretary of Defense, and the Secretary of Housing and Urban
Development pursuant to the Act commonly known as the
Architectural Barriers Act of 1968;

     (8) make to the President and to the Congress reports that
shall describe in detail the results of its investigations under
paragraphs (5) and (6);

     (9) make to the President and to the Congress such
recommendations for legislative and administrative changes as
the Access Board determines to be necessary or desirable to
eliminate the barriers described in paragraph (5); and

     (10) ensure that public conveyances, including rolling
stock, are readily accessible to, and usable by, individuals
with physical disabilities.

(c) Additional functions; transportation barriers and housing
needs; transportation and housing plans and proposals. The
Access Board shall also (1)(A) determine how and to what extent
transportation barriers impede the mobility of individuals with
disabilities and aged individuals with disabilities and consider
ways in which travel expenses in connection with transportation
to and from work for individuals with disabilities can be met or
subsidized when such individuals are unable to use mass transit
systems or need special equipment in private transportation, and
(B) consider the housing needs of individuals with disabilities;
(2) determine what measures are being taken, especially by
public and other nonprofit agencies and groups having an
interest in and a capacity to deal with such problems, (A) to
eliminate barriers from public transportation systems (including
vehicles used in such systems), and to prevent their
incorporation in new or expanded transportation systems, and (B)
to make housing available and accessible to individuals with
disabilities or to meet sheltered housing needs; and (3) prepare
plans and proposals for such further actions as may be necessary
to the goals of adequate transportation and housing for
individuals with disabilities, including proposals for bringing
together in a cooperative effort, agencies, organizations, and
groups already working toward such goals or whose cooperation is
essential to effective and comprehensive action.

(d) Investigations; hearings; orders; administrative procedure
applicable; final orders; judicial review; civil action;
intervention; development of standards; technical assistance to
persons or entities affected.

(1) The Access Board shall conduct investigations, hold public
hearings, and issue such orders as it deems necessary to ensure
compliance with the provisions of the Acts cited in subsection
(b). Except as provided in paragraph (3) of subsection (e), the
provisions of subchapter II of chapter 5, and chapter 7 of title
5, United States Code [5 USC 551 et seq. and 701 et seq.], shall
apply to procedures under this section, and an order of
compliance issued by the board shall be a final order for
purposes of judicial review. Any such order affecting any
Federal department, agency, or instrumentality of the United
States shall be final and binding on such department, agency, or
instrumentality. An order of compliance may include the
withholding or suspension of Federal funds with respect to any
building or public conveyance or rolling stock found not to be
in compliance with standards enforced under this section.
Pursuant to chapter 7 of title 5, United States Code [5 USC 701
et seq.], any complainant or participant in a proceeding under
this subsection may obtain review of a final order issued in
such proceeding.

     (2) The executive director is authorized, at the direction
of the Access Board:

     (A) to bring a civil action in any appropriate United
States district court to enforce, in whole or in part, any final
order of the Access Board under this subsection; and

          (B) to intervene, appear, and participate, or to
appear as amicus curiae, in any court of the United States or in
any court of a State in civil actions that relate to this
section or to the Architectural Barriers Act of 1968.Except as
provided in section 518(a) of title 28, United States Code,
relating to litigation before the Supreme Court, the executive
director may appear for and represent the Access Board in any
civil litigation brought under this section.

     (3) [Deleted]

(e) Appointment of executive director, administrative law
judges, and other personnel; provisions applicable to
administrative law judges; authority and duties of executive
director; finality of orders of compliance.(1) There shall be
appointed by the Access Board an executive director and such
other professional and clerical personnel as are necessary to
carry out its functions under this Act. The Access Board is
authorized to appoint as many administrative law judges as are
necessary for proceedings required to be conducted under this
section. The provisions applicable to administrative law judges
appointed under section 3105 of title 5, United States Code,
shall apply to administrative law judges appointed under this
subsection.

     (2) The Executive Director shall exercise general
supervision over all personnel employed by the Access Board
(other than hearing examiners [administrative law judges] and
their assistants). The Executive Director shall have final
authority on behalf of the Access Board, with respect to the
investigation of alleged noncompliance and in the issuance of
formal complaints before the Access Board, and shall have such
other duties as the Access Board may prescribe.

     (3) For the purpose of this section, an order of compliance
issued by a hearing examiner [administrative law judge] shall be
deemed to be an order of the Access Board and shall be the final
order for the purpose of judicial review.

(f) Technical, administrative, or other assistance; appointment,
compensation, and travel expenses of advisory and technical
experts and consultants.(1) (A) In carrying out the technical
assistance responsibilities of the Access Board under this
section, the Board may enter into an interagency agreement with
another Federal department or agency.

          (B) Any funds appropriated to such a department or
agency for the purpose of providing technical assistance may be
transferred to the Access Board. Any funds appropriated to the
Access Board for the purpose of providing such technical
assistance may be transferred to such department or agency.

          (C) The Access Board may arrange to carry out the
technical assistance responsibilities of the Board under this
section through such other departments and agencies for such
periods as the Board determines to be appropriate.

          (D) The Access Board shall establish a procedure to
ensure separation of its compliance and technical assistance
responsibilities under this section.

     (2) The departments or agencies specified in subsection (a)
of this section shall make available to the Access Board such
technical, administrative, or other assistance as it may require
to carry out its functions under this section, and the Access
Board may appoint such other advisers, technical experts, and
consultants as it deems necessary to assist it in carrying out
its functions under this section. Special advisory and technical
experts and consultants appointed pursuant to this paragraph
shall, while performing their functions under this section, be
entitled to receive compensation at rates fixed by the
Chairperson, but not exceeding the daily equivalent of the rate
of pay for level 4 of the Senior Executive Service Schedule
under section 5382 of title 5, United States Code, including
travel time, and while serving away from their homes or regular
places of business they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of such title 5 for persons in the Government
service employed intermittently.

(g) Reports to Congress; final reports on transportation
barriers and housing needs.(1) The Access Board shall, at the
end of each fiscal year, report its activities during the
preceding fiscal year to the Congress. Such report shall include
an assessment of the extent of compliance with the Acts cited in
subsection (b) of this section, along with a description and
analysis of investigations made and actions taken by the Access
Board, and the reports and recommendations described in
paragraphs (8) and (9) of such subsection.

     (2) The Access Board shall, at the same time that the
Access Board transmits the report required under section 7(b) of
the Act commonly known as the Architectural Barriers Act of 1968
(42 U.S.C. 4157(b)), transmit the report to the Committee on
Education and Labor of the House of Representatives and the
Committee on Labor and Human Resources of the Senate.

(h) Grants and contracts to aid Access Board in carrying out its
functions; gifts, etc.; regulations; report.(1) The Access Board
may make grants to, or enter into contracts with, public or
private organizations to carry out its duties under subsections
(b) and (c).

     (2) (A) The Access Board may accept, hold, administer, and
utilize gifts, devises, and bequests of property, both real and
personal, for the purpose of aiding and facilitating the
functions of the Access Board under paragraphs (5) and (7) of
subsection (b). Gifts and bequests of money and proceeds from
sales of other property received as gifts, devises, or bequests
shall be deposited in the Treasury and shall be disbursed upon
the order of the Chairperson. Property accepted pursuant to this
section, and the proceeds thereof, shall be used as nearly as
possible in accordance with the terms of the gifts, devises, or
bequests. For purposes of Federal income, estate, or gift taxes,
property accepted under this section shall be considered as a
gift, devise, or bequest to the United States.

          (B) The Access Board shall publish regulations setting
forth the criteria the Board will use in determining whether the
acceptance of gifts, devises, and bequests of property, both
real and personal, would reflect unfavorably upon the ability of
the Board or any employee to carry out the responsibilities or
official duties of the Board in a fair and objective manner, or
would compromise the integrity of or the appearance of the
integrity of a Government program or any official involved in
that program.

     (3) The Access Board shall, at the same time that the
Access Board transmits the report required under section 7(b) of
the Act entitled "An Act to ensure that certain buildings
financed with Federal funds are so designated and constructed as
to be accessible to the physically handicapped", approved August
12, 1968 (commonly known as the Architectural Barriers Act of
1968) [42 USC  4157(b)] transmit that report to the Committee on
Labor and Human Resources of the Senate and the Committee on
Education and Labor of the House of Representatives.

(i) Authorization of appropriations. There are authorized to be
appropriated for the purpose of carrying out the duties and
functions of the Access Board under this section such sums as
may be necessary for each of the fiscal years 1993 through 1997.


 793.  Employment under Federal contracts

(a) Amount of contracts or subcontracts; provision for
employment and advancement of qualified individuals with
handicaps; regulations. Any contract in excess of $10,000
entered into by any Federal department or agency for the
procurement of personal property and nonpersonal services
(including construction) for the United States shall contain a
provision requiring that the party contracting with the United
States shall take affirmative action to employ and advance in
employment qualified individuals with  disabilities. The
provisions of this section shall apply to any subcontract in
excess of $10,000 entered into by a prime contractor in carrying
out any contract for the procurement of personal property and
nonpersonal services (including construction) for the United
States. The President shall implement the provisions of this
section by promulgating regulations within ninety days after the
date of enactment of this section [enacted Sept. 26, 1973].

(b) Administrative enforcement; complaints; investigations;
departmental action. If any  individual with a disability
believes any contractor has failed or refused to comply with the
provisions of a contract with the United States, relating to
employment of  individuals with disabilities, such individual
may file a complaint with the Department of Labor. The
Department shall promptly investigate such complaint and shall
take such action thereon as the facts and circumstances warrant,
consistent with the terms of such contract and the laws and
regulations applicable thereto.

(c) Waiver by President; national interest special circumstances
for waiver of particular agreements.(1) The requirements of this
section may be waived, in whole or in part, by the President
with respect to a particular contract or subcontract, in
accordance with guidelines set forth in regulations which the
President shall prescribe, when the President determines that
special circumstances in the national interest so require and
states in writing the reasons for such determination.

     (2) (A) The Secretary of Labor may waive the requirements
of the affirmative action clause required by regulations
promulgated under subsection (a) with respect to any of a prime
contractor's or subcontractor's facilities that are found to be
in all respects separate and distinct from activities of the
prime contractor or subcontractor related to the performance of
the contract or subcontract, if the Secretary of Labor also
finds that such a waiver will not interfere with or impede the
effectuation of this Act.

          (B) Such waivers shall be considered only upon the
request of the contractor or subcontractor. The Secretary of
Labor shall promulgate regulations that set forth the standards
used for granting such a waiver.
(d) Standards applicable to complaints. The standards used to
determine whether this section has been violated in a complaint
alleging nonaffirmative action employment discrimination under
this section shall be the standards applied under title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et
seq.) and the provisions of sections 501 through 504, and 510,
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-
12204 and 12210), as such sections relate to employment.

(e) Coordination with ADA complaint procedures. The Secretary
shall develop procedures to ensure that administrative
complaints filed under this section and under the Americans with
Disabilities Act of 1990 are dealt with in a manner that avoids
duplication of effort and prevents imposition of inconsistent or
conflicting standards for the same requirements under this
section and the Americans with Disabilities Act of 1990.


 794.  Nondiscrimination under Federal grants and programs;
promulgation of rules and regulations


(a) Promulgation of nondiscriminatory rules and regulations;
copies to appropriate committees. No otherwise qualified
individual with  a disability in the United States, as defined
in section 7(8) [29 USC 706(8)], shall, solely by reason of her
or his disability, be excluded from the participation in, be
denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance
or under any program or activity conducted by any Executive
agency or by the United States Postal Service. The head of each
such agency shall promulgate such regulations as may be
necessary to carry out the amendments to this section made by
the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Act of 1978. Copies of any proposed regulation
shall be submitted to appropriate authorizing committees of the
Congress, and such regulation may take effect no earlier than
the thirtieth day after the date on which such regulation is so
submitted to such committees.

(b) "Program or activity" defined. For the purposes of this
section, the term "program or activity" means all of the
operations of:

     (1) (A) a department, agency, special purpose district, or
other instrumentality of a State or of a local government; or

          (B) 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) (A) a college, university, or other postsecondary
institution, or a public system of higher education; or

          (B) a local educational agency (as defined in section
1471(12) of the Elementary and Secondary Education Act of 1965
[20 USC 2891(12)]), system of vocational education, or other
school system;

     (3) (A) an entire corporation, partnership, or other
private organization, or an entire sole proprietorship:

               (i) if assistance is extended to such
corporation, partnership, private organization, or sole
proprietorship as a whole; or

               (ii) which is principally engaged in the business
of providing education, health care, housing, social services,
or parks and recreation; or

          (B) 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 (1), (2), or (3);

any part of which is extended Federal financial assistance.

(c) Small providers; exceptions to existing facilities. Small
providers are not required by subsection (a) to make significant
structural alterations to their existing facilities for the
purpose of assuring program accessibility, if alternative means
of providing the services are available. The terms used in this
subsection shall be construed with reference to the regulations
existing on the date of the enactment of this subsection
[enacted March 22, 1988].

(d) Standards applicable to complaints. The standards used to
determine whether this section has been violated in a complaint
alleging employment discrimination under this section shall be
the standards applied under title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the
provisions of sections 501 through 504, and 510, of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204
and 12210), as such sections relate to employment.

 794a.  Remedies and attorney's fees


(a)
     (1) The remedies, procedures, and rights set forth in
section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16), including the application of sections 706(f) through 706(k)
(42 U.S.C. 2000e-5 (f) through (k)), shall be available, with
respect to any complaint under section 501 of this Act [29 USC
791], to any employee or applicant for employment aggrieved by
the final disposition of such complaint, or by the failure to
take final action on such complaint. In fashioning an equitable
or affirmative action remedy under such section, a court may
take into account the reasonableness of the cost of any
necessary work place accommodation, and the availability of
alternatives therefor or other appropriate relief in order to
achieve an equitable and appropriate remedy.

     (2) The remedies, procedures, and rights set forth in title
VI of the Civil Rights Act of 1964 [42 USC 2000d et seq.] shall
be available to any person aggrieved by any act or failure to
act by any recipient of Federal assistance or Federal provider
of such assistance under section 504 of this Act [29 USC 794].

(b) In any action or proceeding to enforce or charge a violation
of a provision of this title [29 USC 790 et seq.], the court, in
its discretion, may allow the prevailing party, other than the
United States, a reasonable attorney's fee as part of the costs.


 794b.  Removal of architectural, transportation, or
communication barriers; technical and financial assistance;
compensation of experts or consultants; authorization of
appropriations

(a) The Secretary may provide directly or by contract with State
vocational rehabilitation agencies or experts or consultants or
groups thereof, technical assistance:

     (1) to persons operating community rehabilitation programs;
and

     (2) with the concurrence of the Access Board established by
section 502 [29 USC 792], to any public or nonprofit agency,
institution, or organization;
for the purpose of assisting such persons or entities in
removing architectural, transportation, or communication
barriers. Any concurrence of the Access Board under this
paragraph shall reflect its consideration of the cost studies
carried out by States under section 502(c)(1) [29 USC
792(c)(1)].

(b) Any such experts or consultants, while serving pursuant to
such contracts, shall be entitled to receive compensation at
rates fixed by the Secretary, but not exceeding the daily
equivalent of the rate of pay for level 4 of the Senior
Executive Service Schedule under section 5382 of title 5, United
States Code, including travel time, and while so serving away
from their homes or regular places of business, they may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code, for persons in the Government service employed
intermittently. (c) The Secretary, with the concurrence of the
Access Board and the President, may provide, directly or by
contract, financial assistance to any public or nonprofit
agency, institution, or organization for the purpose of removing
architectural, transportation, and communication barriers. No
assistance may be provided under this paragraph until a study
demonstrating the need for such assistance has been conducted
and submitted under section 502(h)(1) of this title [29 USC
792(h)(1)].

(d) In order to carry out this section, there are authorized to
be appropriated such sums as may be necessary.


 794c.  Interagency Disability Coordinating Council

  (a) Establishment. There is hereby established an Interagency
Disability Coordinating Council (hereafter in this section
referred to as the "Council") composed of the Secretary of
Education, the Secretary of Health and Human Services, the
Secretary of Labor, the Secretary of Housing and Urban
Development, the Secretary of Transportation, the Assistant
Secretary of the Interior for Indian Affairs, the Attorney
General, the Director of the Office of Personnel Management, the
Chairperson of the Equal Employment Opportunity Commission, the
Chairperson of the Architectural and Transportation Barriers
Compliance Board, and such other officials as may be designated
by the President.

(b) Duties. The Council shall:(1) have the responsibility for
developing and implementing agreements, policies, and practices
designed to maximize effort, promote efficiency, and eliminate
conflict, competition, duplication, and inconsistencies among
the operations, functions, and jurisdictions of the various
departments, agencies, and branches of the Federal Government
responsible for the implementation and enforcement of the
provisions of this title [29 USC 791 et seq.], and the
regulations prescribed thereunder;

     (2) be responsible for developing and implementing
agreements, policies, and practices designed to coordinate
operations, functions, and jurisdictions of the various
departments and agencies of the Federal Government responsible
for promoting the full integration into society, independence,
and productivity of individuals with disabilities; and

     (3) carry out such studies and other activities, subject to
the availability of resources, with advice from the National
Council on Disability, in order to identify methods for
overcoming barriers to integration into society, independence,
and productivity of individuals with disabilities.

(c) Report. On or before July 1 of each year, the Interagency
Disability Coordinating Council shall prepare and submit to the
President and to the Congress a report of the activities of the
Council designed to promote and meet the employment needs of
individuals with disabilities, together with such
recommendations for legislative and administrative changes as
the Council concludes are desirable to further promote this
section, along with any comments submitted by the National
Council on Disability as to the effectiveness of such activities
and recommendations in meeting the needs of individuals with
disabilities. Nothing in this section shall impair any
responsibilities assigned by any Executive order to any Federal
department, agency, or instrumentality to act as a lead Federal
agency with respect to any provisions of this title [29 USC 791
et seq.].

 794d.  Electronic and information technology accessibility
guidelines

(a) Guidelines. The Secretary, through the Director of the
National Institute on Disability and Rehabilitation Research,
and the Administrator of the General Services Administration, in
consultation with the electronics and information technology
industry and the Interagency Council on Accessible Technology,
shall develop and establish guidelines for Federal agencies for
electronic and information technology accessibility designed to
ensure, regardless of the type of medium, that individuals with
disabilities can produce information and data, and have access
to information and data, comparable to the information and data,
and access, respectively, of individuals who are not individuals
with disabilities. Such guidelines shall be revised, as
necessary, to reflect technological advances or changes.

(b) Compliance. Each Federal agency shall comply with the
guidelines established under this section.


 794e.  Protection and advocacy of individual rights

(a) Purpose. The purpose of this section is to support a system
in each State to protect the legal and human rights of
individuals with disabilities who:

     (1) are ineligible for client assistance programs under
section 112 [29 USC 732]; and

     (2) are ineligible for protection and advocacy programs
under part C of the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6041 et seq.) and the Protection
and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C.
10801 et seq.).
(b) Appropriations less than $5,500,000.(1) Allotments. For any
fiscal year in which the amount appropriated to carry out this
section is less than $5,500,000, the Commissioner may make
grants from such amount to eligible systems within States to
plan for, develop outreach strategies for, and carry out
protection and advocacy programs authorized under this section
for individuals with disabilities who meet the requirements of
paragraphs (1) and (2) of subsection (a).

     (2) Other jurisdictions. For the purposes of this
subsection, Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands, and
the Republic of Palau shall not be considered to be States.

(c) Appropriations of $5,500,000 or more.(1) Technical
assistance. For any fiscal year in which the amount appropriated
to carry out this section equals or exceeds $5,500,000, the
Commissioner shall set aside not less than 1.8 percent and not
more than 2.2 percent of the amount to provide training and
technical assistance to the systems established under this
section.

     (2) Allotments. For any such fiscal year, after the
reservation required by paragraph (1) has been made, the
Commissioner shall make allotments from the remainder of such
amount in accordance with paragraph (3) to eligible systems
within States to enable such systems to carry out protection and
advocacy programs authorized under this section for such
individuals.

     (3) Systems within States.(A) Population basis. Except as
provided in subparagraph (B), from such remainder for each such
fiscal year, the Commissioner shall make an allotment to the
eligible system within a State of an amount bearing the same
ratio to such remainder as the population of the State bears to
the population of all States.

          (B) Minimums. Subject to the availability of
appropriations to carry out this section, and except as provided
in paragraph (4), the allotment to any system under subparagraph
(A) shall be not less than $100,000 or one-third of one percent
of the remainder for the fiscal year for which the allotment is
made, whichever is greater, and the allotment to any system
under this section for any fiscal year that is less than
$100,000 or one-third of one percent of such remainder shall be
increased to the greater of the two amounts.

     (4) Systems within other jurisdictions.(A) In general. For
the purposes of this subsection, Guam, American Samoa, the
United States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and the Republic of Palau shall not be
considered to be States.

          (B) Allotment. The eligible system within a
jurisdiction described in subparagraph
(A) shall be allotted not less than $50,000 for the fiscal year
for which the allotment is made, except that the Republic of
Palau may receive such allotment under this section only until
the Compact of Free Association with Palau takes effect.

     (5) Adjustment for inflation.(A) States. For purposes of
determining the minimum amount of an allotment under paragraph
(3)(B), the amount $100,000 shall, in the case of such
allotments for fiscal year 1994 and subsequent fiscal years, be
increased to the extent necessary to offset the effects of
inflation occurring since October 1992, as measured by the
percentage increase in the Consumer Price Index For All Urban
Consumers (U.S. city average) during the period ending on April
1 of the fiscal year preceding the fiscal year for which the
allotment is to be made.

          (B) Certain territories. For purposes of determining
the minimum amount of an allotment under paragraph (4)(B), the
amount $50,000 shall, in the case of such allotments for fiscal
year 1994 and subsequent fiscal years, be increased to the
extent necessary to offset the effects of inflation occurring
since October 1992, as measured by the percentage increase in
the Consumer Price Index For All Urban Consumers (U.S. city
average) during the period ending on April 1 of the fiscal year
preceding the fiscal year for which the allotment is to be made.
(d) Proportional reduction. Amounts necessary to provide
allotments to systems within States in accordance with
subsection (c)(3)(B) as increased under subsection (c)(5), or to
provide allotments in accordance with subsection (c)(4)(B) as
increased in accordance with subsection (c)(5), shall be derived
by proportionately reducing the allotments of the remaining
systems within States under subsection (c)(3), but with such
adjustments as may be necessary to prevent the allotment of any
such remaining systems within States from being thereby reduced
to less than the greater of $100,000 or one-third of one percent
of the sums made available for purposes of this section for the
fiscal year for which the allotment is made, as increased in
accordance with subsection (c)(5).

(e) Reallotment. Whenever the Commissioner determines that any
amount of an allotment to a system within a State for any fiscal
year described in subsection (c)(1) will not be expended by such
system in carrying out the provisions of this section, the
Commissioner shall make such amount available for carrying out
the provisions of this section to one or more of the systems
that the Commissioner determines will be able to use additional
amounts during such year for carrying out such provisions. Any
amount made available to a system for any fiscal year pursuant
to the preceding sentence shall, for the purposes of this
section, be regarded as an increase in the allotment of the
system (as determined under the preceding provisions of this
section) for such year.

(f) Application. In order to receive assistance under this
section, an eligible system shall submit an application to the
Commissioner, at such time, in such form and manner, and
containing such information and assurances as the Commissioner
determines necessary to meet the requirements of this section,
including assurances that the eligible system will:

     (1) have in effect a system to protect and advocate the
rights of individuals with disabilities;

     (2) have the same general authorities, including access to
records and program income, as are set forth in part C of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6041 et seq.);

     (3) have the authority to pursue legal, administrative, and
other appropriate remedies or approaches to ensure the
protection of, and advocacy for, the rights of such individuals
within the State who are ineligible for protection and advocacy
programs under part C of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) and
the Protection and Advocacy for Mentally Ill Individuals Act of
1986 (42 U.S.C. 10801 et seq.) or client assistance programs
under section 112 [29 USC 732];

     (4) provide information on and make referrals to programs
and services addressing the needs of individuals with
disabilities in the State;

     (5) develop a statement of objectives and priorities on an
annual basis, and provide to the public, including individuals
with disabilities and, as appropriate, their representatives, an
opportunity to comment on the objectives and priorities
established by, and activities of, the system including:

          (A) the objectives and priorities for the activities
of the system for each year and the rationale for the
establishment of such objectives and priorities; and

          (B) the coordination of programs provided through the
system under this section with the advocacy programs of the
client assistance program under section 112 [29 USC 732], the
State long-term care ombudsman program established under the
Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6000 et seq.), and the Protection and Advocacy for
Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.);

     (6) establish a grievance procedure for clients or
prospective clients of the system to ensure that individuals
with disabilities are afforded equal opportunity to access the
services of the system; and

     (7) provide assurances to the Commissioner that funds made
available under this section will be used to supplement and not
supplant the non-Federal funds that would otherwise be made
available for the purpose for which Federal funds are provided.

(g) Carryover and direct payment.(1) Direct payment.
Notwithstanding any other provision of law, the Commissioner
shall pay directly to any system that complies with the
provisions of this section, the amount of the allotment of the
State involved under this section, unless the State provides
otherwise.

     (2) Carryover. Any amount paid to a State for a fiscal year
that remains unobligated at the end of such year shall remain
available to such State for obligation during the next fiscal
year for the purposes for which such amount was paid.

(h) Limitation on disclosure requirements. For purposes of any
audit, report, or evaluation of the performance of the program
established under this section, the Commissioner shall not
require such a program to disclose the identity of, or any other
personally identifiable information related to, any individual
requesting assistance under such program.

(i) Eligibility for assistance. As used in this section, the
term "eligible system" means a protection and advocacy system
that is established under part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041
et seq.) and that meets the requirements of subsection (f).

(j) Administrative cost. An eligible system may not use more
than 5 percent of any allotment under subsection (c) for the
cost of administration of the system required by this section.

(k) Delegation. The Commissioner may delegate the administration
of this program to the Commissioner of the Administration on
Developmental Disabilities within the Department of Health and
Human Services.

(l) Report. The Commissioner shall annually prepare and submit
to the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate a report describing the types of services and
activities being undertaken by programs funded under this
section, the total number of individuals served under this
section, the types of disabilities represented by such
individuals, and the types of issues being addressed on behalf
of such individuals.

/* This report will be contained in the next update. */

(m) Authorization of appropriations. There are authorized to be
appropriated to carry out this section such sums as may be
necessary for each of the fiscal years 1993, 1994, 1995, 1996,
and 1997.