Title 29 — Labor
Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services
§ 792. Architectural and Transportation Barriers Compliance Board
Statutory text
Establishment; membership; chairperson; vice-chairperson; term of office; termination of membership; reappointment; compensation and travel expenses; bylaws; quorum requirements
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:
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.
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):
Department of Health and Human Services.
Department of Transportation.
Department of Housing and Urban Development.
Department of Labor.
Department of the Interior.
Department of Defense.
Department of Justice.
General Services Administration.
Department of Veterans Affairs.
United States Postal Service.
Department of Education.
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.
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 1 shall expire.
One member appointed for a term beginning shall serve for a term of 3 years.
One member appointed for a term beginning shall serve for a term of 2 years.
One member appointed for a term beginning shall serve for a term of 1 year.
Members appointed for terms beginning before shall serve for terms of 3 years.
A member whose term has expired may continue to serve until a successor has been appointed.
A member appointed to fill a vacancy shall serve for the remainder of the term to which that member’s predecessor was appointed.
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.
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.
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 IV of the Executive Schedule under section 5315 of title 5, 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.
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.
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 chapter.
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).
Functions
It shall be the function of the Access Board to—
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 (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;
develop advisory information for, and provide appropriate technical assistance to, individuals or entities with rights or duties under regulations prescribed pursuant to this subchapter 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;
establish and maintain—
minimum guidelines and requirements for the standards issued pursuant to the Act commonly known as the Architectural Barriers Act of 1968;
minimum guidelines and requirements for the standards issued pursuant to titles II and III of the Americans with Disabilities Act of 1990;
guidelines for accessibility of telecommunications equipment and customer premises equipment under section 255 of title 47; and
standards for accessible electronic and information technology under section 794d of this title;
promote accessibility throughout all segments of society;
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;
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);
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;
make to the President and to the Congress reports that shall describe in detail the results of its investigations under paragraphs (5) and (6);
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);
ensure that public conveyances, including rolling stock, are readily accessible to, and usable by, individuals with physical disabilities; and
carry out the responsibilities specified for the Access Board in section 794d of this title.
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.
Electronic and information technology accessibility training
Beginning in fiscal year 2000, the Access Board, after consultation with the Secretary, representatives of such public and private entities as the Access Board determines to be appropriate (including the electronic and information technology industry), targeted individuals and entities (as defined in section 3002 of this title), and State information technology officers, shall provide training for Federal and State employees on any obligations related to section 794d of this title.
Investigations; hearings; orders; administrative procedure applicable; final orders; judicial review; civil action; intervention
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 (f), the provisions of subchapter II of chapter 5, and chapter 7 of title 5 shall apply to procedures under this subsection, and an order of compliance issued by the Access 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, any complainant or participant in a proceeding under this subsection may obtain review of a final order issued in such proceeding.
The executive director is authorized, at the direction of the Access Board—
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
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 [42 U.S.C. 4151 et seq.].
Except as provided in section 518(a) of title 28, 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.
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
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 chapter. 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 shall apply to administrative law judges appointed under this subsection.
The Executive Director shall exercise general supervision over all personnel employed by the Access Board (other than 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.
For the purpose of this section, an order of compliance issued by an 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.
Technical, administrative, or other assistance; appointment, compensation, and travel expenses of advisory and technical experts and consultants
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.
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.
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.
The Access Board shall establish a procedure to ensure separation of its compliance and technical assistance responsibilities under this section.
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,2 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, 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.
Omitted
Grants and contracts to aid Access Board in carrying out its functions; acceptance of gifts, devises, and bequests of property
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).
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 (2) and (4) 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.2 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.
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.
Omitted.
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 $7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Rehabilitation Act of 1973
Pub. L. 93–112 title V § 502 · 87 Stat. 355
Enacted · 29 U.S.C. § 792
Pub. L. 93–112, title V, § 502, Sept. 26, 1973, 87 Stat. 391
Source evidence
Code source credit
Pub. L. 93–112, title V, § 502, Sept. 26, 1973, 87 Stat. 391Enacted provision · exact public law section
Sec. 502. architectural and transportation barriers compliance board (a) There is established within the Federal Government Establishment; membership. the Architectural and Transportation Barriers Compliance Board (hereinafter referred to as the “Board.’) which shall be composed of the heads of each of the following departments or agencies (or their designees whose positions are Executive Level IV or higher): 83 Stat. 864. 5 USC 5315 note (1) Department of Health, Education, and Welfare; (2) Department of Transportation; (3) Department of Housing and Urban Development; (4) Department of Labor; (5) Department of the Interior; (6) General Services Administration; (7) United States Postal Service; and (8) Veterans’ Administration. (b) It shall be the function of the Board to: (1) insure compliance with the standards prescribed by the General Services Administration, the Department of Defense, and the Department of Housing and Urban Development pursuant to the Architectural Barriers Act of 1968 (Public Law 90–480), as amended by the Act of March 5, 1970 82 Stat. 718; 84 Stat. 49. 42 USC 4151 (Public Law 91–205); (2) investigate and examine alternative approaches to the architectural, transportation, and attitudinal barriers confronting handicapped individuals, particularly with respect to 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; (3) 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 clause (2) of this subsection; International Accessibility Symbol, promotion. (4) promote the use of the International Accessibility Symbol in all public facilities that are in compliance with the standards prescribed by the Administrator of the General Services Administration, the Secretary of Defense, and the Secretary of Housing and Urban Reports to President and Congress. Development pursuant to the Architectural Barriers Act of 1968; (5) make to the President and to Congress reports which shall describe in detail the results to its investigations under clauses (2) and (3) of this subsection; and (6) make to the President and to the Congress such recommendations for legislation and administration as it deems necessary or desirable to eliminate the barriers described in clause (2) of this subsection. (c) The Board shall also (1) (A) determine how and to what extent transportation barriers impede the mobility of handicapped individuals and aged handicapped individuals and consider ways in which travel expenses in connection with transportation to and from work for handicapped individuals 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 handicapped individuals; (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 handicapped individuals 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 handicapped individuals, 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) In carrying out its functions under this section, the Board shall conduct investigations, hold public hearings, and issue such orders as it deems necessary to insure compliance with the provisions of the Acts cited in subsection (b). The provisions of subchapter II of chapter 5, and 5 USC 551, 701. chapter 7 of title 5, United States Code, 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. (e) The Board is authorized to appoint as many hearing examiners as are necessary for proceedings required to be conducted under this section. The provisions applicable to hearing examiners appointed under section 3105 of title 5, United States Code, shall apply to hearing 80 Stat. 415. examiners appointed tinder this subsection. (f) The departments or agencies specified in subsection (a) of this Technical assistance. section shall make available to the Board such technical, administrative, or other assistance as it may require to carry out its functions under this section, and the 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 subsection shall, while performing their functions under this section, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the daily pay rate, for a person employed as a GS–18 under section 5332 of title 45, United States Code, including traveltime, and while 5 USC 5332 note 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 80 Stat. 499; 83 Stat. 190. service employed intermittently. (g) The Board shall, at the end of each fiscal year, report its activities Report to Congress. during the preceding fiscal yea r 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 Board, and the reports and recommendations described in clauses (5) and (6) of subsection (b) of this section. The Board shall prepare two final reports of its activities under subsection (c). One such report shall be on its activities in the field of transportation barriers to handicapped individuals, and the other such report shall be on its activities in the field of the housing needs of handicapped individuals. The Board shall, prior to January 1, Report to the President and Congress. 1975, submit each such report, together with its recommendations, to the President and the Congress. The Board shall also prepare for such submission an interim report of its activities in each such field within 18 months after the date of enactment of this Act. (h) There are authorized to be appropriated for the purpose of Appropriation. carrying out the duties and functions of the Board under this section $1,000,000 each for the fiscal years ending June 30, 1974, and June 30, 1975.Pub. L. 93–651 § 111(n) · 89 Stat. 2–3
Amended · 29 U.S.C. § 792(a)
Pub. L. 93–651, § 111(n), amended subsec. (a) in exactly the same manner as it was amended by Pub. L. 93–516
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 93–651, § 111(n), amended subsec. (a) in exactly the same manner as it was amended by Pub. L. 93–516.Enacted provision · exact public law section
(n) (1) Section 502(a) of such Act is amended by redesignating clauses (6), (7), and (8) thereof as clauses (7), (8), and (9), respectively, and by inserting immediately after clause (5) the following new clause: “(6) Department of Defense;”. (2) Section 502(a) of such Act is further amended by adding at the end thereof the following new sentence: “The Secretary of Health, Education, and Welfare shall be the Chairman of the Board, and the Board shall appoint, upon recommendation of the Secretary, a Consumer Advisory Panel, a majority of the members of which shall be handicapped individuals, to provide, guidance, advice, and recommendations to the Board in carrying out its functions.”.Pub. L. 93–651 title I · 89 Stat. 2–3
Amended · 29 U.S.C. § 792(d)
Pub. L. 93–651, 111(o), amended subsec. (d) in exactly the same manner as it was amended by Pub. L. 93–516
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 93–651, 111(o), amended subsec. (d) in exactly the same manner as it was amended by Pub. L. 93–516.Enacted provision · exact public law
(i) Section 304(b) of such Act is amended by— (1) striking out “and” before “(2)” in the first sentence, and inserting at the end of such sentence before the period a comma and “and (3) for operating programs (including renovation and construction of facilities, where appropriate) to demonstrate methods of making recreational activities fully accessible to handicapped individuals”: and (2) striking out “for” the third time it appears in the parenthetical in clause. (2) in the first sentence and inserting in lieu thereof “or”.Pub. L. 93–651 § 111(p) · 89 Stat. 2–3
Amended · 29 U.S.C. § 792(e)
Pub. L. 93–651, § 111(p), amended subsec. (e) in exactly the same manner as it was amended by Pub. L. 93–516
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 93–651, § 111(p), amended subsec. (e) in exactly the same manner as it was amended by Pub. L. 93–516.Enacted provision · exact public law section
(p) Section 502(e) of such Act is amended by adding before the first Additional Board appointees. 29 USC 792. sentence the following new first sentence: “There shall be, appointed by the Board an executive director and such other professional and clerical personnel as are necessary to carry out its functions under this Act,”.Pub. L. 93–651 § 111(q) · 89 Stat. 2–3
Amended · 29 U.S.C. § 792(g)
Pub. L. 93–651, § 111(q), amended subsec. (g) in exactly the same manner as it was amended by Pub. L. 93–516
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 93–651, § 111(q), amended subsec. (g) in exactly the same manner as it was amended by Pub. L. 93–516.Enacted provision · exact public law section
(q) Section 502(g) of such Act is amended by striking out in the Reports to Congress. penultimate sentence “prior to January 1” and inserting in lieu thereof “not later than September 30”.Pub. L. 93–651 § 110 · 89 Stat. 2–3
Amended · 29 U.S.C. § 792(h)
Pub. L. 93–651, § 110, amended subsec. (h) in exactly the same manner as it was amended by Pub. L. 93–516
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 93–651, § 110, amended subsec. (h) in exactly the same manner as it was amended by Pub. L. 93–516.Enacted provision · exact public law section
Sec. 110. extension of authorization of appropriations for architectural and transportation barriers compliance board Section 502(h) of such Act is amended by inserting before the period at the end thereof a comma and “and $1,500,000 for the fiscal year ending June 30, 1976”.Rehabilitation Act Amendments of 1974
Pub. L. 93–516 § 111(n) · 88 Stat. 1617
Redesignated · 29 U.S.C. § 792(a)
Pub. L. 93–516, § 111(n), redesignated cls. (6), (7), and (8), as cls. (7), (8), and (9)
Added · 29 U.S.C. § 792(a)
Pub. L. 93–516, § 111(n), added cl. (6), and following designated clauses
Inserted · 29 U.S.C. § 792(a)
Pub. L. 93–516, § 111(n), inserted provisions that Secretary of Health, Education, and Welfare shall be Chairman of Board, and that Board shall appoint, upon recommendation of Secretary, a Consumer Advisory Panel, a majority of members of which shall be handicapped individuals, to provide guidance, advice, and recommendations to Board in carrying out its functions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–516, § 111(n), redesignated cls. (6), (7), and (8), as cls. (7), (8), and (9), added cl. (6), and following designated clauses, inserted provisions that Secretary of Health, Education, and Welfare shall be Chairman of Board, and that Board shall appoint, upon recommendation of Secretary, a Consumer Advisory Panel, a majority of members of which shall be handicapped individuals, to provide guidance, advice, and recommendations to Board in carrying out its functions.Enacted provision · exact public law section
(n) (1) Section 502(a) of such Act is amended by redesignating 29 USC 792. clauses (6), (7), and (8) thereof as clauses (7), (8), and (9), respectively. and by inserting immediately after clause (5) the following new clause: “(6) Department of Defense;”. (2) Section 502(a) of such Act is further amended by adding at Architectural and Transportation Barriers Compliance Board, Chairman. Consumer Advisory Panel, appointment. the end thereof the following new sentence: “The Secretary of Health, Education, and Welfare shall be the Chairman of the Board, and the Board shall appoint, upon recommendation of the Secretary, a Consumer Advisory Panel, a majority of the members of which shall be handicapped individuals, to provide guidance, advice, and recommendations to the Board in carrying out its functions.”.Rehabilitation Act Amendments of 1974
Pub. L. 93–516 § 111 · 88 Stat. 1617
Substituted · 29 U.S.C. § 792(d)
Pub. L. 93–516, § 111(o), substituted “this chapter, the Board shall, directly or through grants to or contracts with public or private nonprofit organizations, carrying out its functions under subsections (b) and (c) of this section, and shall conduct” for “this section, the Board shall conduct”
Inserted · 29 U.S.C. § 792(d)
Pub. L. 93–516, § 111(o), inserted provisions that 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, and that an order of compliance may include the withholding or suspension of Federal funds with respect to any building found not to be in compliance with standards prescribed pursuant to the Acts referred to in subsec. (b) of this section
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–516, § 111(o), substituted “this chapter, the Board shall, directly or through grants to or contracts with public or private nonprofit organizations, carrying out its functions under subsections (b) and (c) of this section, and shall conduct” for “this section, the Board shall conduct”, and inserted provisions that 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, and that an order of compliance may include the withholding or suspension of Federal funds with respect to any building found not to be in compliance with standards prescribed pursuant to the Acts referred to in subsec. (b) of this section.Enacted provision · exact public law section
Sec. 111. miscellaneous amendments (a) Section 7(6) of such Act is amended by adding at the Handicapped individual. 29 USC 706. 29 USC 780, 790. Handicapped individual. 29 USC 706. 29 USC 780, 790.end thereof the following new sentence: “For the purposes of titles IV and V of this Act, such term means any person who (A) has a physical or mental impairment which substantially limits one or more of such person’s major life activities, (B) has a record of such an impairment, or (C) is regarded as having such an impairment.”. (b) Section 101(a) (6) of such Act is amended by adding at the end State employment requirement. 29 USC 721. thereof before the semicolon “(including a requirement that the State agency and facilities in receipt of assistance under this title shall take affirmative action to employ and advance in employment qualified handicapped individuals covered under, and on the same terms and 29 USC 793. conditions as set forth in, section 503)”. (c) Section 101(a)(9)(C) of such Act is amended by adding at the end thereof before the semicolon “in such detail as required by the Secretary in order for him to analyze and evaluate annually the reasons for and numbers of such ineligibility determinations as part 29 USC 781. of his responsibilities under section 401, and that the State agency will at least annually categorize and analyze such reasons and numbers and report this information to the Secretary and will, not later than 12 months after each such determination, review each such ineligibility determination in accordance with the criteria set forth 29 USC 722. in section 102”. (d) Section 101(a) (15) of such Act is amended by inserting after “facilities” at the end of the parenthetical “and review of the efficacy of the criteria employed with respect to ineligibility determinations described in subclause (C) of clause (9) of this subsection”. (e) Section 102 of such Act is amended by— (1) inserting in subsection (a) after “program” where it first appears in the first sentence a comma and “or the specification of reasons for a determination of ineligibility prior to initiation of such program based on preliminary diagnosis,”, and inserting at the end of the second sentence of such subsection before the period a comma and “and, as appropriate, such specification of reasons for such an ineligibility determination shall set forth the rights and remedies, including recourse to the process set forth in subsection (b) (5) of this section, available to the individual in question”; (2) striking out in subsection (c) all of clause (1) from “in” the first time it appears through “primary” and inserting in lieu thereof “in making any determination of ineligibility referred to in subsection (a) of this section, or in developing and carrying out the individualized written rehabilitation program required by section 101 in the case of each handicapped individual,”; (3) striking out in clause (2) of subsection (c) “program, that the evaluation of rehabilitation potential” and inserting in lieu thereof “program, or as a part or the specification of reasons for an ineligibility determination, as appropriate, that the preliminary diagnosis or evaluation of rehabilitation potential, as appropriate,”; and (4) inserting in clause (3) of subsection (c) a comma and “as an amendment to such written program,” after “decision”. (f) Section 112(a) is amended by— (1) striking out “an amount equal to the amount obligated for expenditure for carrying out such projects and demonstrations for appropriations under the Vocational Rehabilitation Act in the fiscal year ending June 30, 1973,” and inserting in lieu thereof “$11,860,000”; and (2) adding at the end thereof a new sentence as follows: “In Ante, p. 1619. the event that funds so appropriated under section 304 do not exceed $11,860,000 in any fiscal year, the Secretary is authorized to utilize such funds to carry out this section”. (g) Section 130(b) of such Act is amended by striking out “February 1, 1975” 29 USC 750. and inserting in lieu thereof “June 30, 1975”. (h) Section 202(a) of such Act is amended by striking out “and 29 USC 762. analyses” in the penultimate clause and inserting in lieu thereof a comma and “analyses, and demonstrations”. (i) Section 304(b) of such Act is amended by— (1) striking out “and” before “(2)” in the first sentence, and inserting at the end of such sentence before the period a comma and “and (3) for operating programs (including renovation and construction of facilities, where appropriate) to demonstrate methods of making recreational activities fully accessible to handicapped individuals”; and (2) striking out “for” the third time it appears in the parenthetical in clause (2) in the first sentence and inserting in lieu thereof “or”. (j) Section 304(c) of such Act is amended by inserting after “Labor,” in the first sentence “who”. (k) Section 304(e)(1) of such Act is amended by inserting after “(B)” the following: “with the concurrence of the Board established by section 502,”. (l) (1) Section 306(b) of such Act is amended by inserting after “project” a comma and “or for a project which involves construction,”. (2) Section 306(b) (4) of such Act is amended by inserting after “specifications” the following: “which have been approved by the Board established by section 502,”. (m) Section 405(c) of such Act is amended by— (1) striking out “the Handicapped” and inserting in lieu thereof “Handicapped Individuals”; and (2) by adding at the end thereof the following new sentence: “In no event shall any functions under this section be further delegated to any persons with operational responsibilities for carrying out functions authorized under any other section of this Act or under any other provision of law designed to benefit handicapped individuals.”. (n) (1) Section 502(a) of such Act is amended by redesignating 29 USC 792. clauses (6), (7), and (8) thereof as clauses (7), (8), and (9), respectively. and by inserting immediately after clause (5) the following new clause: “(6) Department of Defense;”. (2) Section 502(a) of such Act is further amended by adding at Architectural and Transportation Barriers Compliance Board, Chairman. Consumer Advisory Panel, appointment. the end thereof the following new sentence: “The Secretary of Health, Education, and Welfare shall be the Chairman of the Board, and the Board shall appoint, upon recommendation of the Secretary, a Consumer Advisory Panel, a majority of the members of which shall be handicapped individuals, to provide guidance, advice, and recommendations to the Board in carrying out its functions.”. (o) (1) Section 502(d) of such Act is amended by striking out “section, the Board” in the first sentence and inserting in lieu thereof “Act, the Board shall, directly or through grants to or contracts with public or private nonprofit organizations, carry out its functions under subsections (b) and (c) of this section, and”. (2) Section 502(d) of such Act is further amended by adding at the end thereof the following new sentences: “Any such order averting any Federal department, agency, or instrumentality of the United States shall be final and binding on such department, agency, or Withholding or suspension of Federal funds. instrumentality. An order of compliance may include the withholding or suspension of Federal funds with respect to any building found not to be in compliance with standards prescribed pursuant to the Acts cited in subsection (b) of this section.”. (p) Section 502(e) of such Act is amended by adding before the first sentence the following new first sentence: “There shall be appointed by the Board an executive director and such other professional and clerical personnel as are necessary to carry out its functions under this Act.”. (q) Section 502(g) of such Act is amended by striking out in the penultimate sentence “prior to January 1” and inserting in lieu thereof “not later than September 30”.Rehabilitation Act Amendments of 1974
Pub. L. 93–516 § 111(p) · 88 Stat. 1617
Inserted · 29 U.S.C. § 792(e)
Pub. L. 93–516, § 111(p), inserted provisions relating to appointment of an executive director and other professional and clerical personnel
Source evidence
Code amendment note
Subsec. (e). Pub. L. 93–516, § 111(p), inserted provisions relating to appointment of an executive director and other professional and clerical personnel.Enacted provision · exact public law section
(p) Section 502(e) of such Act is amended by adding before the first sentence the following new first sentence: “There shall be appointed by the Board an executive director and such other professional and clerical personnel as are necessary to carry out its functions under this Act.”.Rehabilitation Act Amendments of 1974
Pub. L. 93–516 § 111(q) · 88 Stat. 1617
Substituted · 29 U.S.C. § 792(g)
Pub. L. 93–516, § 111(q), substituted “not later than September 30, 1975” for “prior to January 1, 1975”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 93–516, § 111(q), substituted “not later than September 30, 1975” for “prior to January 1, 1975”.Enacted provision · exact public law section
(q) Section 502(g) of such Act is amended by striking out in the penultimate sentence “prior to January 1” and inserting in lieu thereof “not later than September 30”.Rehabilitation Act Amendments of 1974
Pub. L. 93–516 § 110 · 88 Stat. 1617
Changed · 29 U.S.C. § 792(h)
Pub. L. 93–516, § 110, authorized appropriation of $1,500,000 for fiscal year ending June 30, 1976
Source evidence
Code amendment note
Subsec. (h). Pub. L. 93–516, § 110, authorized appropriation of $1,500,000 for fiscal year ending June 30, 1976.Enacted provision · exact public law section
Sec. 110. extension of authorization of appropriations for architectural and transportation barriers compliance board Section 502(h) of such Act is amended by inserting before 29 USC 792. the period at the end thereof a comma and “and $1,500,000 for the fiscal year ending June 30, 1976”.Pub. L. 94–230 § 10 · 90 Stat. 211
Changed · 29 U.S.C. § 792(h)
Pub. L. 94–230, § 10, authorized appropriation of $1,500,000 for fiscal year ending Sept. 30, 1977
Source evidence
Code amendment note
Subsec. (h). Pub. L. 94–230, § 10, authorized appropriation of $1,500,000 for fiscal year ending Sept. 30, 1977.Enacted provision · exact public law section
Sec. 10. extension of authorization or appropriations for architectural and transportation barriers compliance board Section 502(h) of the Act (29 U.S.C. 792(h)) is amended by striking out “and” immediately after “1975,” and by inserting immediately before the period at the end thereof the following: “, and $1,500,000 for the fiscal year ending September 30, 1977”.Pub. L. 94–230 § 11(b)(13) · 90 Stat. 211
Changed · 29 U.S.C. § 792(h)
Pub. L. 94–230, § 11(b)(13), authorized appropriation of $1,500,000 for fiscal year ending Sept. 30, 1978
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 94–230, § 11(b)(13), authorized appropriation of $1,500,000 for fiscal year ending Sept. 30, 1978.Enacted provision · exact public law section
Sec. 11. contingent extension of programs (a) Unless the Congress, before April 15, 1977, has passed 29 USC 720 note. legislation which would have the effect of extending the authorization of each program and activity the authorization for which is extended through the fiscal year ending September 30, 1977, by the amendments made by section 2 through section 10, each such authorization shall be automatically extended through the fiscal year ending September 30, 1978, in accordance with the amendments made by subsection (b). (d) (1) The amendments made by this subsection shall take effect Effective date. at the close of April 15, 1977, unless the Congress has passed legislation in accordance with the provisions of subsection (a). (2) Section 100(b)(1) of the Act (29 U.S.C. 720(b)(1)) is amended by striking out “and” immediately after “1976,” and by inserting immediately before the period at the end thereof the following: “, and $760,000,000 for the fiscal year ending September 30, 1978”. (3) Section 100(b)(2) of the Act (29 U.S.C. 720(b)(2)) is amended by striking out “year ending September 30, 1977” and inserting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. (4) Section 112(a) of the Act (29 U.S.C. 732(a)) is amended by striking out “and” immediately after “1976,” and by inserting immediately after “1977,” the following: “and up to $2,500,000 but no less than $1,000,000 for the fiscal year ending September 30, 1978,”. (5) Section 201 (a)(1) of the Act (29 U.S.C. 761 (a)(1)) is amended by striking out “year ending September 30, 1977” and inserting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. (6) Section 201(a)(2) of the Act (29 U.S.C. 761 (a)(2)) is amended by striking out “and” immediately after “1976,” and by inserting immediately after “1977” the following: “, and $30,000,000 for the fiscal year ending September 30, 1978”. (7) Section 301(a) of the Act (29 U.S.C. 771(a)) is amended by striking out. “and” immediately after “1976,” and by inserting immediately before the period at the end thereof the following: “, and September 30, 1978”. (8) Section 302(a) of the Act (29 U.S.C. 772(a)) is amended by striking out “and” immediately after “1976,” and by inserting immediately before, the period at the end thereof the following: “, and September 30, 1978”. (9) Section 304(a)(1) of the Act (29 U.S.C. 774(a)(1)) is amended by striking out “year ending September 30, 1977” and insetting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. (10) Section 305 (a) of the Act (29 U.S.C. 775(a)) is amended by striking out “and” immediately after “1976,” and by inserting immediately before the period at the end thereof the following: “, and September 30, 1978”. (11) Section 403 of the Act (29 U.S.C. 783) is amended by striking out “and” immediately after “1976,” and by inserting immediately after “1977,” the following: “and September 30, 1978,”. (12) Section 405(d) of the Act (29 U.S.C. 785(d) J is amended by striking out “year ending September 30, 1977” and inserting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. (13) Section 502(h) of the Act (29 U.S.C. 792(h)) is amended by striking out “year ending September 30, 1977” and inserting in lieu thereof “years ending September 30, 1977, and September 30, 1978”. (c) For purposes of this section, the Congress shall not have been deemed to have passed legislation unless such legislation becomes law.Pub. L. 95–251 § 2(a)(8) · 92 Stat. 183
Substituted · 29 U.S.C. § 792(e)
Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners” wherever appearing. Such substitution was made in pars. (2) and (3) as the probable intent of Congress in view of the amendment to subsec. (e) by section 2(a)(8) of Pub. L. 95–251 (although prior in time to the amendment by Pub. L. 95–602) requiring such substitution wherever appearing in text
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners” wherever appearing. Such substitution was made in pars. (2) and (3) as the probable intent of Congress in view of the amendment to subsec. (e) by section 2(a)(8) of Pub. L. 95–251 (although prior in time to the amendment by Pub. L. 95–602) requiring such substitution wherever appearing in text.Enacted provision · exact public law section
(8) section 502(e) of the Rehabilitation Act of 1973 (29 U.S.C. 792(e));Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978
Pub. L. 95–602 § 118(a) · 92 Stat. 2955
Substituted · 29 U.S.C. § 792(a)
Pub. L. 95–602, § 118(a), substituted provision permitting President to appoint eleven members of Board from general public of whom five are to be handicapped
Added · 29 U.S.C. § 792(a)
Pub. L. 95–602, § 118(a), adding head of the Department of Justice as a Board member, authorizing President to appoint the first chairman, and providing for the term of office, reappointment, and compensation of Board members for provision restricting Board membership to head of Department of Health, Education, and Welfare, Department of Transportation, Department of Housing and Urban Development, Department of Labor, Department of the Interior, Department of Defense, General Services Administration, United States Postal Service, and Veterans’ Administration, appointing Secretary of Health, Education, and Welfare as chairman, and authorizing appointment of a Consumer Advisory Panel, a majority of members of which were to be handicapped, to provide guidance, advice, and recommendations to Board
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–602, § 118(a), substituted provision permitting President to appoint eleven members of Board from general public of whom five are to be handicapped, adding head of the Department of Justice as a Board member, authorizing President to appoint the first chairman, and providing for the term of office, reappointment, and compensation of Board members for provision restricting Board membership to head of Department of Health, Education, and Welfare, Department of Transportation, Department of Housing and Urban Development, Department of Labor, Department of the Interior, Department of Defense, General Services Administration, United States Postal Service, and Veterans’ Administration, appointing Secretary of Health, Education, and Welfare as chairman, and authorizing appointment of a Consumer Advisory Panel, a majority of members of which were to be handicapped, to provide guidance, advice, and recommendations to Board.Enacted provision · exact public law section
(a) (1) Section 502(a) of the Rehabilitation Act of 1973 is amended to read as follows: “Sec. 502. (a) (1) There is established within the Federal Government Establishment. 29 USC 792. the Architectural and Transportation Barriers Compliance 29 USC 792. Board (hereinafter referred to as the ‘Board’) which shall be composed as follows: “(A) Eleven members shall be appointed by the President from Membership. Membership, among members of the general public of whom five shall be handicapped individuals. “(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): “(i) Department of Health, Education, and Welfare. “(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) Veterans’ Administration. “(x) United States Postal Service. The President shall appoint the first Chairman of such Board who shall serve for a term of not more than two years; thereafter, the Chairman shall be elected by a vote of a majority of the Board for a term of one year. “(2) The term of office of each appointed member of the Board shall Term. be three years; except that (i) the members first taking office shall serve, as designated by the President at the time of appointment, four for a term of one year, four for a term of two years, and three for a term of three years, and (ii) any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed. “(3) If any appointed member of the Board becomes a Federal employee, such member may continue as a member of the Board for not longer than the sixty-day period beginning on the date he becomes such an employee. “(4) No individual appointed under paragraph (1) (A) of this subsection who has served as a member of the Board may be reappointed to the Board more than once unless such individual has not served on the Board for a period of two years prior to the effective date of such individual’s appointment. “(5) Compensation. (A) Members of the Board who are not regular full-time employees of the United States shall, while serving on the business of the Board, be entitled to receive compensation at rates fixed by the President, but not to exceed the daily rate prescribed for GS–18 under section 5332 of title 5, United States Code, including traveltime, for each day they are engaged in the performance of their duties as members of the 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 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.”.Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978
Pub. L. 95–602 § 118(b)(1) · 92 Stat. 2955
Substituted · 29 U.S.C. § 792(b)(1)
Pub. L. 95–602, § 118(b)(1), substituted provision requiring Board to insure compliance with standards of Architectural Barriers Act of 1968, including application to United States Postal Service, and to insure all waivers and modifications of standards are based on findings of fact and are not inconsistent with that Act or this section for provision requiring Board to insure compliance with the standards prescribed by General Services Administration, Department of Defense, and Department of Housing and Urban Development pursuant to Architectural Barriers Act of 1968
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 95–602, § 118(b)(1), substituted provision requiring Board to insure compliance with standards of Architectural Barriers Act of 1968, including application to United States Postal Service, and to insure all waivers and modifications of standards are based on findings of fact and are not inconsistent with that Act or this section for provision requiring Board to insure compliance with the standards prescribed by General Services Administration, Department of Defense, and Department of Housing and Urban Development pursuant to Architectural Barriers Act of 1968.Enacted provision · exact public law section
(1) Section 502(b)(1) of the Rehabilitation Act of 1973 is amended to read as follows: “(1) insure compliance with the standards prescribed pursuant to the Act of August 12, 1968, commonly 42 USC 4151 note. known as the Architectural Barriers Act of 1968 (including the application of that Act to the United States Postal Service) including out not limited to enforcing all standards under that Act, and insuring that all waivers and modifications of standards are based upon findings of fact and are not inconsistent with the provisions of such Act and this section;”.Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978
Pub. L. 95–602 § 118(b)(2) · 92 Stat. 2955
Inserted · 29 U.S.C. § 792(b)(2)
Pub. L. 95–602, § 118(b)(2), inserted “communication,” before “and attitudinal” and “telecommunication devices,” before “public buildings”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 95–602, § 118(b)(2), inserted “communication,” before “and attitudinal” and “telecommunication devices,” before “public buildings”.Enacted provision · exact public law section
(2) Section 502(b) (2) of the Rehabilitation Act of 1973 is amended by inserting “communication,” before “and attitudinal”, and by inserting “telecommunication devices,” before “public buildings”; andRehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978
Pub. L. 95–602 § 118(b)(3) · 92 Stat. 2955
Added · 29 U.S.C. § 792(b)(7); 29 U.S.C. § 792(b)(8)
Pub. L. 95–602, § 118(b)(3), added pars. (7) and (8)
Source evidence
Code amendment note
Subsec. (b)(7), (8). Pub. L. 95–602, § 118(b)(3), added pars. (7) and (8).Enacted provision · exact public law section
(3) Section 502(b) of the Rehabilitation Act of 1973 is amended by striking out “and” at the end of clause (5), by striking out the period at the end of clause (6) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new clauses: “ (7) establish minimum guidelines and requirements for the standards issued pursuant to the Act of August 12, 1968, as amended, commonly known as the Architectural Barriers Act of 1968; and (8) insure that public conveyances, including rolling stock, are readily accessible to, and usable by, physically handicapped persons.”.Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978
Pub. L. 95–602 § 118(c) · 92 Stat. 2955
Amended · 29 U.S.C. § 792(d)
Pub. L. 95–602, § 118(c), designated existing provision as par. (1)
Substituted · 29 U.S.C. § 792(d)
Pub. L. 95–602, § 118(c), substituted “public or private nonprofit organizations or contracts with private nonprofit or forprofit organizations” for “or contracts with public or private nonprofit organizations”
Substituted · 29 U.S.C. § 792(d)
Pub. L. 95–602, § 118(c), substituted “Except as provided in paragraph (3) of subsection (e), provisions” for “The provisions”
Substituted · 29 U.S.C. § 792(d)
Pub. L. 95–602, § 118(c), substituted “building or public conveyance or rolling stock found” for “building found”
Substituted · 29 U.S.C. § 792(d)
Pub. L. 95–602, § 118(c), substituted “enforced under this section” for “prescribed pursuant to the Acts cited in subsection (b) of this section”
Inserted · 29 U.S.C. § 792(d)
Pub. L. 95–602, § 118(c), inserted provision permitting a complainant or participant in a proceeding under this subsection to obtain review of a final order pursuant to chapter 7 of title 5
Added · 29 U.S.C. § 792(d)
Pub. L. 95–602, § 118(c), added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 95–602, § 118(c), designated existing provision as par. (1), substituted “public or private nonprofit organizations or contracts with private nonprofit or forprofit organizations” for “or contracts with public or private nonprofit organizations”, “Except as provided in paragraph (3) of subsection (e), provisions” for “The provisions”, “building or public conveyance or rolling stock found” for “building found”, and “enforced under this section” for “prescribed pursuant to the Acts cited in subsection (b) of this section”, inserted provision permitting a complainant or participant in a proceeding under this subsection to obtain review of a final order pursuant to chapter 7 of title 5, and added pars. (2) and (3).Enacted provision · exact public law section
(c) (1) The first sentence of section 502(d) of the Rehabilitation Act of 1973 is amended by striking out “or contracts with”, and by inserting after “organizations” “or contracts with private nonprofit or for profit organizations”. (2) The second sentence of section 502(d) of the Rehabilitation Act of 1973 is amended by striking out “The” and inserting in lieu thereof “Except as provided in paragraph (3) of subsection (e), the”. (3) The last sentence of section 502(d) of the Rehabilitation Act of 1973 is amended by inserting “or public conveyance or rolling stock” after “building” and by striking out “prescribed pursuant to the Act cited in subsection (b) of this section” and inserting in lieu thereof “enforced under this section”. (4) Section 502(d) of the Rehabilitation Act of 1973 is amended by 29 USC 792. adding at the end thereof the following new sentence: Pursuant to chapter 7 of title 5, United States Code, any complainant or participant 5 USC 701 et seq. in a proceeding under this subsection may obtain review of a final order issued in such proceeding. (5) Section 502(d) of the Rehabilitation Act of 1973 is further amended by inserting “(1)” after the subsection designation and by adding at the end thereof the following new paragraphs: “(2) The executive director is authorized, at the direction of the Civil action. 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 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 which related to this section or to the Architectural Barriers Act of 1968. 42 USC 4151 note. 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 Board in any civil litigation brought under this section.”. “(3) The Board, in consultation and coordination with other concerned Development of standards, consultation. Federal departments and agencies and agencies within the standards, Department of Health, Education, and Welfare, shall develop standards and provide appropriate technical assistance to any public or private activity, person, or entity affected by regulations prescribed pursuant to this title with respect overcoming to architectural, transportation, and communication barriers. Any funds appropriated to any such department or agency for the purpose of providing such assistance may be transferred to the Board for the purpose of carrying out this paragraph. The Board may arrange to carry out its responsibilities under this paragraph through such other departments and agencies for such periods as the Board determines is appropriate. In carrying out its technical assistance responsibilities under this paragraph, the Board shall establish a procedure to insure separation of its compliance and technical assistance responsibilities under this section.”.Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978
Pub. L. 95–602 § 118(d) · 92 Stat. 2955
Amended · 29 U.S.C. § 792(e)
Pub. L. 95–602, § 118(d), designated existing provisions as par. (1)
Added · 29 U.S.C. § 792(e)
Pub. L. 95–602, § 118(d), added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–602, § 118(d), designated existing provisions as par. (1) and added pars. (2) and (3).Enacted provision · exact public law section
(d) Section 502(e) of the Rehabilitation Act of 1973 is amended by inserting “(1)” after the subsection designation and by adding at the end thereof the following new paragraphs: “(2) The Executive Director shall exercise general supervision over all personnel employed by the Board (other than hearing examiners ana their assistants). The Executive Director shall have final authority on behalf of the Board, with respect to the investigation of alleged noncompliance in the issuance of formal complaints before the Board, and shall have such other duties as the Board may prescribe. “(3) For the purpose of this section, an order of compliance issued by a hearing examiner shall be deemed to be an order of the Board and shall be the final order for the purpose of judicial review.”Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978
Pub. L. 95–602 § 118(e) · 92 Stat. 2955
Struck · 29 U.S.C. § 792(h)
Pub. L. 95–602, § 118(e), added subsec. (h). Former subsec. (h), which authorized appropriations for carrying out duties and functions of the Board of $1,000,000 for each of fiscal years ending June 30, 1974, and June 30, 1975, $1,500,000 for fiscal year ending June 30, 1976, and $1,500,000 for each of fiscal years ending Sept. 30, 1977 and Sept. 30, 1978, was struck out
Source evidence
Code amendment note
Subsec. (h). Pub. L. 95–602, § 118(e), added subsec. (h). Former subsec. (h), which authorized appropriations for carrying out duties and functions of the Board of $1,000,000 for each of fiscal years ending June 30, 1974, and June 30, 1975, $1,500,000 for fiscal year ending June 30, 1976, and $1,500,000 for each of fiscal years ending Sept. 30, 1977 and Sept. 30, 1978, was struck out.Enacted provision · exact public law section
(e) Section 502 of the Rehabilitation Act of 1973 is amended by striking out subsection (h) and inserting in lieu thereof the following new subsections: “(h) (1) Within one year following the enactment of this subsection, Report to President and Congress. the Board shall submit to the President and the Congress a report containing an assessment of the amounts required to be expended by States and by political subdivisions thereof to provide handcapped individuals with full access to all programs and activities receiving Federal assistance. “(2) Grants or contracts. The Board may make grants to, or enter into contracts with, public or private organizations to carry out its duties under subsections (b) and (c). The Board may also make grants to any designated State unit for the purpose of conducting studies to provide the cost assessments required by paragraph (1). Before including in such report the findings of any study conducted for the Board under a grant or contract to provide the Board with such cost, assessments, the. Board shall take all necessary steps to validate the accuracy of any such findings. “(i) Appropriation authorization. There are authorized to be appropriated for the purpose of carrying out the duties and functions of the Board under this section such sums as may be necessary for each fiscal year ending before October 1, 1982, but in no event shall the amount appropriated for any one fiscal year exceed $3,000,000.”.Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978
Pub. L. 95–602 § 118(e) · 92 Stat. 2955
Added · 29 U.S.C. § 792(i)
Pub. L. 95–602, § 118(e), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 95–602, § 118(e), added subsec. (i).Enacted provision · exact public law section
(e) Section 502 of the Rehabilitation Act of 1973 is amended by striking out subsection (h) and inserting in lieu thereof the following new subsections: “(h) (1) Within one year following the enactment of this subsection, Report to President and Congress. the Board shall submit to the President and the Congress a report containing an assessment of the amounts required to be expended by States and by political subdivisions thereof to provide handcapped individuals with full access to all programs and activities receiving Federal assistance. “(2) Grants or contracts. The Board may make grants to, or enter into contracts with, public or private organizations to carry out its duties under subsections (b) and (c). The Board may also make grants to any designated State unit for the purpose of conducting studies to provide the cost assessments required by paragraph (1). Before including in such report the findings of any study conducted for the Board under a grant or contract to provide the Board with such cost, assessments, the. Board shall take all necessary steps to validate the accuracy of any such findings. “(i) Appropriation authorization. There are authorized to be appropriated for the purpose of carrying out the duties and functions of the Board under this section such sums as may be necessary for each fiscal year ending before October 1, 1982, but in no event shall the amount appropriated for any one fiscal year exceed $3,000,000.”.Education Amendments of 1980
Pub. L. 96–374 § 1321(a)(1) · 94 Stat. 1367
Substituted · 29 U.S.C. § 792(a)(1)(B)(i)
Pub. L. 96–374, § 1321(a)(1), substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”
Source evidence
Code amendment note
Subsec. (a)(1)(B)(i). Pub. L. 96–374, § 1321(a)(1), substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.Enacted provision · exact public law section
(1) Section 502(a)(1)(B)(i) of the Rehabilitation Act of 1973 is amended to read as follows: 29 USC 792. “(i) Department of Health and Human Services.”.Effective date note
Amendment by Pub. L. 96–374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96–374, set out as a note under section 1001 of Title 20, Education.Education Amendments of 1980
Pub. L. 96–374 § 1321(a)(2) · 94 Stat. 1367
Added · 29 U.S.C. § 792(a)(1)(B)(xi)
Pub. L. 96–374, § 1321(a)(2), added cl. (xi)
Source evidence
Code amendment note
Subsec. (a)(1)(B)(xi). Pub. L. 96–374, § 1321(a)(2), added cl. (xi).Enacted provision · exact public law section
(2) Section 502(a) of such Act is amended by adding the following clause immediately after clause (x): “(x) Department of Education.”.Effective date note
Amendment by Pub. L. 96–374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96–374, set out as a note under section 1001 of Title 20, Education.Education Amendments of 1980
Pub. L. 96–374 § 1321(b) · 94 Stat. 1367
Added · 29 U.S.C. § 792(h)(3)
Pub. L. 96–374, § 1321(b), added par. (3)
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 96–374, § 1321(b), added par. (3).Enacted provision · exact public law section
(b) Section 502(h) of such Act is amended by adding at the end thereof the following new paragraph: “(3) The Board shall, at the same time that the Board transmits the Report to congressional committees. 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) transmit that report to the 42 USC 4157. Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives.”.Effective date note
Amendment by Pub. L. 96–374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96–374, set out as a note under section 1001 of Title 20, Education.Rehabilitation Amendments of 1984
Pub. L. 98–221 title I § 151 · 98 Stat. 17
Substituted · 29 U.S.C. § 792(i)
Pub. L. 98–221 substituted “October 1, 1986.” for “October 1, 1982”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 98–221 substituted “October 1, 1986.” for “October 1, 1982”.Enacted provision · exact public law section
Sec. 151. authorization of appropriations Section 502(i) of the Act is amended by striking out “October 1, 1982” and inserting in lieu thereof “October 1, 1986.”.Pub. L. 99–506 title I § 103(d)(2)(C) · 100 Stat. 1807
Substituted · 29 U.S.C. § 792(a)(1)(A)
Pub. L. 99–506, §§ 103(d)(2)(C), 601(a)(2), substituted “Twelve” for “Eleven”
Substituted · 29 U.S.C. § 792(a)(1)(A)
Pub. L. 99–506, §§ 103(d)(2)(C), 601(a)(2), substituted “six” for “five”
Substituted · 29 U.S.C. § 792(a)(1)(A)
Pub. L. 99–506, §§ 103(d)(2)(C), 601(a)(2), substituted “individuals with handicaps” for “handicapped individuals”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 99–506, §§ 103(d)(2)(C), 601(a)(2), substituted “Twelve” for “Eleven”, “six” for “five”, and “individuals with handicaps” for “handicapped individuals”.Enacted provision · exact public law section
(C) by striking out “handicapped individuals” each place it appears and inserting in lieu thereof “individuals with handicaps”.Pub. L. 99–506 § 601(a)(1) · 100 Stat. 1807
Substituted · 29 U.S.C. § 792(a)(1)(B)
Pub. L. 99–506, § 601(a)(1), substituted provision that Chairperson and vice-chairperson of Board shall be elected by majority vote of members of Board to serve for terms of one year, for provision that President had to appoint first Chairman of such Board who was to serve for term of not more than two years, with subsequent Chairmen to be elected by majority vote of Board for term of one year
Inserted · 29 U.S.C. § 792(a)(1)(B)
Pub. L. 99–506, § 601(a)(1), inserted provisions that positions of Chairperson and vice-chairperson each be held alternately in succession by Federal official and by member of general public, and that when either office is held by member of general public, the other will be held by Federal official
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 99–506, § 601(a)(1), substituted provision that Chairperson and vice-chairperson of Board shall be elected by majority vote of members of Board to serve for terms of one year, for provision that President had to appoint first Chairman of such Board who was to serve for term of not more than two years, with subsequent Chairmen to be elected by majority vote of Board for term of one year, and inserted provisions that positions of Chairperson and vice-chairperson each be held alternately in succession by Federal official and by member of general public, and that when either office is held by member of general public, the other will be held by Federal official.Enacted provision · exact public law section
(1) in paragraph (1)(B) by striking out “The President” and all that follows through the end of such paragraph and inserting in lieu thereof “The Chairperson and vice-chairperson of the Board shall be elected by majority vote of the members of the 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.”;Pub. L. 99–506 § 601(a)(3) · 100 Stat. 1807
Added · 29 U.S.C. § 792(a)(2)(ii); 29 U.S.C. § 792(a)(2)(iii)
Pub. L. 99–506, § 601(a)(3), added cls. (ii) and (iii)
Struck · 29 U.S.C. § 792(a)(2)(ii); 29 U.S.C. § 792(a)(2)(iii)
Pub. L. 99–506, § 601(a)(3), struck out former cl. (ii) which read as follows: “any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed”
Source evidence
Code amendment note
Subsec. (a)(2)(ii), (iii). Pub. L. 99–506, § 601(a)(3), added cls. (ii) and (iii), and struck out former cl. (ii) which read as follows: “any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed”.Enacted provision · exact public law section
(3) in paragraph (2) by striking out “and (ii)” and all that follows through the end of such paragraph and inserting in lieu thereof “(ii) a member whose term has expired may continue to serve until a successor has been appointed, and (iii) a member appointed to fill a vacancy shall serve for the remainder of the term to which that member’s predecessor was appointed.”; andPub. L. 99–506 § 601(a)(4) · 100 Stat. 1807
Added · 29 U.S.C. § 792(a)(6)
Pub. L. 99–506, § 601(a)(4), added par. (6)
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 99–506, § 601(a)(4), added par. (6).Enacted provision · exact public law section
(4) by inserting after paragraph (5) the following paragraph: “(6) (A) The Board shall establish such bylaws and other rules as may be appropriate to enable the 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).”.Pub. L. 99–506 § 103(d)(2)(C) · 100 Stat. 1807
Substituted · 29 U.S.C. § 792(b)(2); 29 U.S.C. § 792(b)(c)
Pub. L. 99–506, § 103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing
Source evidence
Code amendment note
Subsecs. (b)(2), (c). Pub. L. 99–506, § 103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing.Enacted provision · exact public law section
(C) by striking out “handicapped individuals” each place it appears and inserting in lieu thereof “individuals with handicaps”.Pub. L. 99–506 § 1002(e)(2)(B) · 100 Stat. 1807
Substituted · 29 U.S.C. § 792(d)(2)(A)
Pub. L. 99–506, § 1002(e)(2)(B), substituted “any final order” for “any, final order”
Source evidence
Code amendment note
Subsec. (d)(2)(A). Pub. L. 99–506, § 1002(e)(2)(B), substituted “any final order” for “any, final order”.Enacted provision · exact public law section
(B) Section 502(d)(2)(A) of the Act is amended by striking out 29 USC 792. “any, final order” and inserting in lieu thereof “any final order”.Pub. L. 99–506 § 1002(e)(2)(C) · 100 Stat. 1807
Substituted · 29 U.S.C. § 792(d)(3)
Pub. L. 99–506, § 1002(e)(2)(C), substituted “Department of Education” for “Department of Health, Education, and Welfare”
Substituted · 29 U.S.C. § 792(d)(3)
Pub. L. 99–506, § 1002(e)(2)(C), substituted “with respect to overcoming” for “with respect overcoming to”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 99–506, § 1002(e)(2)(C), substituted “Department of Education” for “Department of Health, Education, and Welfare” and “with respect to overcoming” for “with respect overcoming to”.Enacted provision · exact public law section
(C) (i) Section 502(d)(3) of the Act is amended by striking out “Department of Health, Education, and Welfare” and inserting in lieu thereof “Department of Education”, (ii) Section 502(d)(3) of the Act is further amended by striking out “with respect overcoming to” and inserting in lieu thereof “with respect to overcoming”.Pub. L. 99–506 § 1002(e)(2)(D) · 100 Stat. 1807
Substituted · 29 U.S.C. § 792(e)(2)
Pub. L. 99–506, § 1002(e)(2)(D), substituted “alleged noncompliance and in” for “alleged noncompliance in”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 99–506, § 1002(e)(2)(D), substituted “alleged noncompliance and in” for “alleged noncompliance in”.Enacted provision · exact public law section
(D) Section 502(e)(2) of the Act is amended by inserting “and” after “noncompliance”.Pub. L. 99–506 § 601(b) · 100 Stat. 1807
Inserted · 29 U.S.C. § 792(g)
Pub. L. 99–506, § 601(b), inserted provisions requiring the Board to submit, not later than Feb. 1, 1988, two additional reports on its activities under subsec. (c), one report to deal with its activities relating to transportation barriers to handicapped individuals, the other to deal with activities relating to the housing needs of handicapped individuals
Source evidence
Code amendment note
Subsec. (g). Pub. L. 99–506, § 601(b), inserted provisions requiring the Board to submit, not later than Feb. 1, 1988, two additional reports on its activities under subsec. (c), one report to deal with its activities relating to transportation barriers to handicapped individuals, the other to deal with activities relating to the housing needs of handicapped individuals.Enacted provision · exact public law section
(b) Special Reports.— Section 502(g) of the Act is amended by 29 USC 792. adding at the end thereof the following: “The Board shall prepare and submit two additional reports of its activities under subsection (c) of this section, one report on its activities in the field of transportation barriers of handicapped individuals and the other report on its activities in the field of the housing needs of handicapped individuals. The two additional reports required by the previous sentence shall be submitted not later than February 1, 1988.”.Pub. L. 99–506 § 103(d)(2)(C) · 100 Stat. 1807
Substituted · 29 U.S.C. § 792(g)
Pub. L. 99–506, § 103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–506, § 103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing.Enacted provision · exact public law section
(C) by striking out “handicapped individuals” each place it appears and inserting in lieu thereof “individuals with handicaps”.Pub. L. 99–506 § 103(d)(2)(C) · 100 Stat. 1807
Substituted · 29 U.S.C. § 792(h)(1)
Pub. L. 99–506, § 103(d)(2)(C), substituted reference to individuals with handicaps for reference to handicapped individuals
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 99–506, § 103(d)(2)(C), substituted reference to individuals with handicaps for reference to handicapped individuals.Enacted provision · exact public law section
(C) by striking out “handicapped individuals” each place it appears and inserting in lieu thereof “individuals with handicaps”.Pub. L. 99–506 § 601(c) · 100 Stat. 1807
Substituted · 29 U.S.C. § 792(i)
Pub. L. 99–506, § 601(c), which directed the substitution of “of the fiscal years 1987, 1988, 1989, 1990, and 1991,” for “fiscal year ending before October 1, 1986,” was executed by making the substitution for “fiscal year ending before October 1, 1986.,” as the probable intent of Congress. See 1984 Amendment note below
Source evidence
Code amendment note
Subsec. (i). Pub. L. 99–506, § 601(c), which directed the substitution of “of the fiscal years 1987, 1988, 1989, 1990, and 1991,” for “fiscal year ending before October 1, 1986,” was executed by making the substitution for “fiscal year ending before October 1, 1986.,” as the probable intent of Congress. See 1984 Amendment note below.Enacted provision · exact public law section
(c) Authorizations.— Section 502(i) of the Act is amended by striking out “fiscal year ending before October 1, 1986,” and inserting in lieu thereof “of the fiscal years 1987, 1988, 1989, 1990, and 1991,”.Handicapped Programs Technical Amendments Act of 1988
Pub. L. 100–630 § 206(b)(1) · 102 Stat. 3289
Amended · 29 U.S.C. § 792(a)(2)
Pub. L. 100–630, § 206(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term of office of each appointed member of the Board shall be three years; except that (i) the members first taking office shall serve, as designated by the President at the time of appointment, four for a term of one year, four for a term of two years, and three for a term of three years, (ii) a member whose term has expired may continue to serve until a successor has been appointed, and (iii) a member appointed to fill a vacancy shall serve for the remainder of the term to which that member’s predecessor was appointed.”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 100–630, § 206(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term of office of each appointed member of the Board shall be three years; except that (i) the members first taking office shall serve, as designated by the President at the time of appointment, four for a term of one year, four for a term of two years, and three for a term of three years, (ii) a member whose term has expired may continue to serve until a successor has been appointed, and (iii) a member appointed to fill a vacancy shall serve for the remainder of the term to which that member’s predecessor was appointed.”Enacted provision · exact public law section
(1) by amending subsection (a)(2) to read as follows: “(2) (A) The term of office of each appointed member of the Board shall be three years. Each year, the terms of office of four appointed members of the board shall expire. “(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”;Handicapped Programs Technical Amendments Act of 1988
Pub. L. 100–630 § 206(b)(2) · 102 Stat. 3289
Substituted · 29 U.S.C. § 792(a)(3)
Pub. L. 100–630, § 206(b)(2), substituted “the member” for “he”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 100–630, § 206(b)(2), substituted “the member” for “he”.Enacted provision · exact public law section
(2) in subsection (a)(3), by striking “he” and inserting “the member”;Handicapped Programs Technical Amendments Act of 1988
Pub. L. 100–630 § 206(b)(3) · 102 Stat. 3289
Substituted · 29 U.S.C. § 792(a)(5)(A)
Pub. L. 100–630, § 206(b)(3), substituted “travel time” for “traveltime”
Source evidence
Code amendment note
Subsec. (a)(5)(A). Pub. L. 100–630, § 206(b)(3), substituted “travel time” for “traveltime”.Enacted provision · exact public law section
(3) in subsection (a)(5)(A), by striking “traveltime” and inserting “travel time”;Handicapped Programs Technical Amendments Act of 1988
Pub. L. 100–630 § 206(b)(4) · 102 Stat. 3289
Inserted · 29 U.S.C. § 792(b)
Pub. L. 100–630, § 206(b)(4)–(7), inserted a comma after “surface transportation” in cl. (2)
Substituted · 29 U.S.C. § 792(b)
Pub. L. 100–630, § 206(b)(4)–(7), substituted “Administrator of General Services” for “Administrator of the General Services Administration” in cl. (8)
Substituted · 29 U.S.C. § 792(b)
Pub. L. 100–630, § 206(b)(4)–(7), substituted “results of” for “results to” in cl. (8)
Substituted · 29 U.S.C. § 792(b)
Pub. L. 100–630, § 206(b)(4)–(7), substituted “individuals with physical handicaps” for “physically handicapped persons” in cl. (8)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–630, § 206(b)(4)–(7), inserted a comma after “surface transportation” in cl. (2), and substituted “Administrator of General Services” for “Administrator of the General Services Administration” in cl. (4), “results of” for “results to” in cl. (5), and “individuals with physical handicaps” for “physically handicapped persons” in cl. (8).Enacted provision · exact public law section
(4) in subsection (b)(2), by inserting a comma after “surface transportation”;Handicapped Programs Technical Amendments Act of 1988
Pub. L. 100–630 § 206(b)(8) · 102 Stat. 3289
Inserted · 29 U.S.C. § 792(c)(2)(A)
Pub. L. 100–630, § 206(b)(8), inserted a comma after “expanded transportation systems”
Source evidence
Code amendment note
Subsec. (c)(2)(A). Pub. L. 100–630, § 206(b)(8), inserted a comma after “expanded transportation systems”.Enacted provision · exact public law section
(8) in subsection (c)(2)(A), by inserting a comma after “new or expanded transportation systems”;Handicapped Programs Technical Amendments Act of 1988
Pub. L. 100–630 § 206(b)(9) · 102 Stat. 3289
Substituted · 29 U.S.C. § 792(d)(2)((B)
Pub. L. 100–630, § 206(b)(9), substituted “that relate to” for “which related to”
Source evidence
Code amendment note
Subsec. (d)(2)((B). Pub. L. 100–630, § 206(b)(9), substituted “that relate to” for “which related to”.Enacted provision · exact public law section
(9) in subsection (d)(2)(B), by striking “which related to” and inserting “that relate to”;Handicapped Programs Technical Amendments Act of 1988
Pub. L. 100–630 § 206(b)(10) · 102 Stat. 3289
Substituted · 29 U.S.C. § 792(f)
Pub. L. 100–630, § 206(b)(10), substituted “daily pay rate for” for “daily pay rate, for”
Substituted · 29 U.S.C. § 792(f)
Pub. L. 100–630, § 206(b)(10), substituted “section 5332 of title 5” for “section 5332 of title 45”
Substituted · 29 U.S.C. § 792(f)
Pub. L. 100–630, § 206(b)(10), substituted “travel time” for “traveltime”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 100–630, § 206(b)(10), substituted “daily pay rate for” for “daily pay rate, for”, “section 5332 of title 5” for “section 5332 of title 45”, and “travel time” for “traveltime”.Enacted provision · exact public law section
(10) in the last sentence of subsection (f)— (A) by striking the comma after “daily pay rate”; (B) by striking “title 45” and inserting “title 5”; and (C) by striking “traveltime” and inserting “travel time”; andHandicapped Programs Technical Amendments Act of 1988
Pub. L. 100–630 § 206(b)(11) · 102 Stat. 3289
Substituted · 29 U.S.C. § 792(g)
Pub. L. 100–630, § 206(b)(11), substituted “transportation barriers facing individuals with handicaps” for “transportation barriers to individuals with handicaps” in seventh sentence
Substituted · 29 U.S.C. § 792(g)
Pub. L. 100–630, § 206(b)(11), substituted “housing needs of individuals with handicaps” for “housing needs of handicapped individuals” in seventh sentence
Source evidence
Code amendment note
Subsec. (g). Pub. L. 100–630, § 206(b)(11), substituted “transportation barriers facing individuals with handicaps” for “transportation barriers to individuals with handicaps” and for “transportation barriers of handicapped individuals” in fourth and seventh sentences, respectively, and “housing needs of individuals with handicaps” for “housing needs of handicapped individuals” in seventh sentence.Enacted provision · exact public law section
(11) in subsection (g)— (A) by striking “transportation barriers to individuals with handicaps” in the fourth sentence and inserting “transportation barriers facing individuals with handicaps”; and (B) in the seventh sentence— (i) by striking “transportation barriers of handicapped individuals” and inserting “transportation barriers facing individuals with handicaps”; and (ii) by striking “housing needs of handicapped individuals” and inserting “housing needs of individuals with handicaps”.Pub. L. 102–52 § 6 · 105 Stat. 260
Substituted · 29 U.S.C. § 792(i)
Pub. L. 102–52 substituted “1987 through 1992” for “1987, 1988, 1989, 1990, and 1991”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 102–52 substituted “1987 through 1992” for “1987, 1988, 1989, 1990, and 1991”.Enacted provision · exact public law section
SEC. 6. ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD. Section 502(i) of the Rehabilitation Act of 1973 (29 U.S.C. 792(i)) is amended by striking “such sums” and all that follows and inserting the following: “such sums as may be necessary for each of the fiscal years 1987 through 1992, but in no event shall the amount appropriated for any one fiscal year exceed $3,000,000.”.Pub. L. 102–54 § 13(k)(1)(A) · 105 Stat. 267
Substituted · 29 U.S.C. § 792(a)(1)(B)(ix)
Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”
Source evidence
Code amendment note
Subsec. (a)(1)(B)(ix). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.Enacted provision · exact public law section
(A) by striking out “Veterans’ Administration” in the following provisions and inserting in lieu thereof “Department of Veterans Affairs”: subsection (a)(11) of section 101 (29 U.S.C. 721), subsection (i)(2) of section 202 (29 U.S.C. 761a), and subsection (a)(1)(B)(ix) of section 502 (29 U.S.C. 792); andRehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(a)(2) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792
Pub. L. 102–569, § 504(a)(2), (3), substituted “the Access Board” and “The Access Board” for “the Board” and “The Board”, respectively, wherever appearing
Source evidence
Code amendment note
Pub. L. 102–569, § 504(a)(2), (3), substituted “the Access Board” and “The Access Board” for “the Board” and “The Board”, respectively, wherever appearing.Enacted provision · exact public law section
(2) by striking “the Board” each place the term appears and inserting “the Access Board”; andRehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(a)(1) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(a)(1)
Pub. L. 102–569, § 504(a)(1), substituted “the ‘Access Board’ ” for “the ‘Board’ ” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 102–569, § 504(a)(1), substituted “the ‘Access Board’ ” for “the ‘Board’ ” in introductory provisions.Enacted provision · exact public law section
(1) in the matter preceding subparagraph (A) of subsection (a)(1), by striking “the ‘Board’” and inserting “the ‘Access Board’ ”;Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(b)(1)(A) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(a)(1)(A)
Pub. L. 102–569, § 504(b)(1)(A), substituted “Thirteen” for “Twelve”
Substituted · 29 U.S.C. § 792(a)(1)(A)
Pub. L. 102–569, § 504(b)(1)(A), substituted “at least a majority” for “six”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 102–569, § 504(b)(1)(A), substituted “Thirteen” for “Twelve” and “at least a majority” for “six”.Enacted provision · exact public law section
(A) in subparagraph (A)— (i) by striking “Twelve” and inserting “Thirteen”; and (ii) by striking “six” and inserting “at least a majority”; andRehabilitation Act Amendments of 1992
Pub. L. 102–569 § 102(p)(30) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(a)(1)(A)
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps”.Enacted provision · exact public law section
(30) Subsections (a), (c), (g), and (h) of section 502 (29 U.S.C. 792 (a), (c), (g), and (h)) are amended by striking “handicaps” each place such term appears and inserting “disabilities”.Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(b)(1)(B) · 106 Stat. 4344
Added · 29 U.S.C. § 792(a)(1)(B)(xii)
Pub. L. 102–569, § 504(b)(1)(B), added cl. (xii)
Source evidence
Code amendment note
Subsec. (a)(1)(B)(xii). Pub. L. 102–569, § 504(b)(1)(B), added cl. (xii).Enacted provision · exact public law section
(B) in subparagraph (B), by inserting after clause (xi) the following: “(xii) Department of Commerce.”;Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(b)(2) · 106 Stat. 4344
Amended · 29 U.S.C. § 792(a)(2)(A)
Pub. L. 102–569, § 504(b)(2), designated existing provisions as cl. (i)
Substituted · 29 U.S.C. § 792(a)(2)(A)
Pub. L. 102–569, § 504(b)(2), substituted “4 years, except as provided in clause (ii)” for “three years”
Substituted · 29 U.S.C. § 792(a)(2)(A)
Pub. L. 102–569, § 504(b)(2), substituted “at least three” for “four”
Added · 29 U.S.C. § 792(a)(2)(A)
Pub. L. 102–569, § 504(b)(2), added cl. (ii)
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 102–569, § 504(b)(2), designated existing provisions as cl. (i), substituted “4 years, except as provided in clause (ii)” for “three years” and “at least three” for “four”, and added cl. (ii).Enacted provision · exact public law section
(2) in paragraph (2)(A)— (A) in the first sentence— (i) by inserting “(i)” after “(A)”; and (ii) by striking “three years” and inserting “4 years, except as provided in clause (ii)”; (B) in the second sentence, by striking “four” and inserting “at least three”; and (C) by adding at the end the following: “(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.”;Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(b)(3) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(a)(3)
Pub. L. 102–569, § 504(b)(3), substituted “a Federal” for “such an” after “member becomes”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 102–569, § 504(b)(3), substituted “a Federal” for “such an” after “member becomes”.Enacted provision · exact public law section
(3) in paragraph (3), by striking “such an” and inserting “a Federal”; andRehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(b)(4) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(a)(5)(A)
Pub. L. 102–569, § 504(b)(4), substituted “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382” for “the daily rate prescribed for GS–18 under section 5332”
Source evidence
Code amendment note
Subsec. (a)(5)(A). Pub. L. 102–569, § 504(b)(4), substituted “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382” for “the daily rate prescribed for GS–18 under section 5332”.Enacted provision · exact public law section
(4) in paragraph (5)(A), by striking “the daily rate prescribed for GS–18 under section 5332” and inserting “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382”.Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(c) · 106 Stat. 4344
Amended · 29 U.S.C. § 792(b)
Pub. L. 102–569, § 504(c), amended subsec. (b) generally
Substituted · 29 U.S.C. § 792(b)
Pub. L. 102–569, § 504(c), substituting present provisions for provisions which outlined eight specific functions of the Access Board
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–569, § 504(c), amended subsec. (b) generally, substituting present provisions for provisions which outlined eight specific functions of the Access Board.Enacted provision · exact public law section
(c) Function.— Section 502(b) (29 U.S.C. 792(b)) is amended to read as follows: “(b) 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 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; “(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.”.Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 102(p)(30) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(c)
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps” wherever appearing.Enacted provision · exact public law section
(30) Subsections (a), (c), (g), and (h) of section 502 (29 U.S.C. 792 (a), (c), (g), and (h)) are amended by striking “handicaps” each place such term appears and inserting “disabilities”.Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(d)(1) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(d)(1)
Pub. L. 102–569, § 504(d)(1), in first sentence, substituted “The Access Board shall conduct” for “In carrying out its functions under this chapter, the Access Board shall, directly or through grants to public or private nonprofit organizations or contracts with private nonprofit or forprofit organizations, carry out its functions under subsections (b) and (c) of this section, and shall conduct”
Substituted · 29 U.S.C. § 792(d)(1)
Pub. L. 102–569, § 504(d)(1), in first sentence, substituted “to ensure compliance” for “to insure compliance”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 102–569, § 504(d)(1), in first sentence, substituted “The Access Board shall conduct” for “In carrying out its functions under this chapter, the Access Board shall, directly or through grants to public or private nonprofit organizations or contracts with private nonprofit or forprofit organizations, carry out its functions under subsections (b) and (c) of this section, and shall conduct” and “to ensure compliance” for “to insure compliance”.Enacted provision · exact public law section
(1) in paragraph (1), in the first sentence— (A) by striking “In carrying out” and all that follows through “shall conduct” and inserting “The Access Board shall conduct”; and (B) by striking “insure” and inserting “ensure”; andRehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(d)(2) · 106 Stat. 4344
Struck · 29 U.S.C. § 792(d)(3)
Pub. L. 102–569, § 504(d)(2), struck out par. (3) which read as follows: “The Access Board, in consultation and coordination with other concerned Federal departments and agencies and agencies within the Department of Education, shall develop standards and provide appropriate technical assistance to any public or private activity, person, or entity affected by regulations prescribed pursuant to this subchapter with respect to overcoming architectural, transportation, and communication barriers. Any funds appropriated to any such department or agency for the purpose of providing such assistance may be transferred to the Access Board for the purpose of carrying out this paragraph. The Access Board may arrange to carry out its responsibilities under this paragraph through such other departments and agencies for such periods as the Access Board determines is appropriate. In carrying out its technical assistance responsibilities under this paragraph, the Access Board shall establish a procedure to insure separation of its compliance and technical assistance responsibilities under this section.”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 102–569, § 504(d)(2), struck out par. (3) which read as follows: “The Access Board, in consultation and coordination with other concerned Federal departments and agencies and agencies within the Department of Education, shall develop standards and provide appropriate technical assistance to any public or private activity, person, or entity affected by regulations prescribed pursuant to this subchapter with respect to overcoming architectural, transportation, and communication barriers. Any funds appropriated to any such department or agency for the purpose of providing such assistance may be transferred to the Access Board for the purpose of carrying out this paragraph. The Access Board may arrange to carry out its responsibilities under this paragraph through such other departments and agencies for such periods as the Access Board determines is appropriate. In carrying out its technical assistance responsibilities under this paragraph, the Access Board shall establish a procedure to insure separation of its compliance and technical assistance responsibilities under this section.”Enacted provision · exact public law section
(2) by striking paragraph (3).Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(e) · 106 Stat. 4344
Added · 29 U.S.C. § 792(f)
Pub. L. 102–569, § 504(e), added par. (1)
Amended · 29 U.S.C. § 792(f)
Pub. L. 102–569, § 504(e), designated existing provisions as par. (2)
Substituted · 29 U.S.C. § 792(f)
Pub. L. 102–569, § 504(e), substituted “paragraph” for “subsection”
Substituted · 29 U.S.C. § 792(f)
Pub. L. 102–569, § 504(e), substituted “Chairperson” for “Secretary”
Substituted · 29 U.S.C. § 792(f)
Pub. L. 102–569, § 504(e), substituted “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382” for “the daily pay rate for a person employed as a GS–18 under section 5332”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 102–569, § 504(e), added par. (1), designated existing provisions as par. (2) and substituted “paragraph” for “subsection”, “Chairperson” for “Secretary”, and “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382” for “the daily pay rate for a person employed as a GS–18 under section 5332”.Enacted provision · exact public law section
(e) Interagency Agreements.— Section 502(f) (29 U.S.C. 792(f)) is amended— (1) by striking “(f) The departments” and inserting the following: “(f) (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”; and (2) in the second sentence of paragraph (2) (as so designated by paragraph (1) of this subsection)— (A) by striking “subsection” and inserting “paragraph”; (B) by striking “Secretary” and inserting “Chair-person”; and (C) by striking “the daily pay rate for a person employed as a GS-18 under section 5332” and inserting “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382”.Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(f) · 106 Stat. 4344
Amended · 29 U.S.C. § 792(g)
Pub. L. 102–569, § 504(f), designated existing provisions as par. (1)
Substituted · 29 U.S.C. § 792(g)
Pub. L. 102–569, § 504(f), substituted “paragraphs (8) and (9) of such subsection” for “clauses (5) and (6) of subsection (b) of this section”
Struck · 29 U.S.C. § 792(g)
Pub. L. 102–569, § 504(f), struck out at end “The Access Board shall prepare two final reports of its activities under subsection (c). One such report shall be on its activities in the field of transportation barriers facing individuals with disabilities, and the other such report shall be on its activities in the field of the housing needs of individuals with disabilities. The Access Board shall, not later than September 30, 1975, submit each such report, together with its recommendations, to the President and the Congress. The Access Board shall also prepare for such submission an interim report of its activities in each such field within 18 months after September 26, 1973. The Access Board shall prepare and submit two additional reports of its activities under subsection (c) of this section, one report on its activities in the field of transportation barriers facing individuals with disabilities and the other report on its activities in the field of the housing needs of individuals with disabilities. The two additional reports required by the previous sentence shall be submitted not later than February 1, 1988.”
Added · 29 U.S.C. § 792(g)
Pub. L. 102–569, § 504(f), added par. (2)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 102–569, § 504(f), designated existing provisions as par. (1), substituted “paragraphs (8) and (9) of such subsection” for “clauses (5) and (6) of subsection (b) of this section”, struck out at end “The Access Board shall prepare two final reports of its activities under subsection (c). One such report shall be on its activities in the field of transportation barriers facing individuals with disabilities, and the other such report shall be on its activities in the field of the housing needs of individuals with disabilities. The Access Board shall, not later than September 30, 1975, submit each such report, together with its recommendations, to the President and the Congress. The Access Board shall also prepare for such submission an interim report of its activities in each such field within 18 months after September 26, 1973. The Access Board shall prepare and submit two additional reports of its activities under subsection (c) of this section, one report on its activities in the field of transportation barriers facing individuals with disabilities and the other report on its activities in the field of the housing needs of individuals with disabilities. The two additional reports required by the previous sentence shall be submitted not later than February 1, 1988.”, and added par. (2).Enacted provision · exact public law section
(f) Report.— Section 502(g) (29 U.S.C. 792(g)) is amended— (1) by inserting “(1)” after the subsection designation; (2) in paragraph (1) (as so designated by paragraph (1) of this subsection)— (A) in the second sentence, by striking “clauses (5) and (6) of subsection (b) of this section” and inserting “paragraphs (8) and (9) of such subsection”; and (B) by striking the third sentence and all that follows; and (3) by adding at the end the following: “(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.”.Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 102(p)(30) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(g)
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps” wherever appearing.Enacted provision · exact public law section
(30) Subsections (a), (c), (g), and (h) of section 502 (29 U.S.C. 792 (a), (c), (g), and (h)) are amended by striking “handicaps” each place such term appears and inserting “disabilities”.Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(g)(1) · 106 Stat. 4344
Redesignated · 29 U.S.C. § 792(h)(1)
Pub. L. 102–569, § 504(g)(1)–(3), redesignated par. (2) as (1)
Struck · 29 U.S.C. § 792(h)(1)
Pub. L. 102–569, § 504(g)(1)–(3), struck out at end “The Access Board may also make grants to any designated State unit for the purpose of conducting studies to provide the cost assessments required by paragraph (1). Before including in such report the findings of any study conducted for the Access Board under a grant or contract to provide the Access Board with such cost assessments, the Access Board shall take all necessary steps to validate the accuracy of any such findings.”
Struck · 29 U.S.C. § 792(h)(1)
Pub. L. 102–569, § 504(g)(1)–(3), struck out former par. (1) which read as follows: “Within one year following November 6, 1978, the Access Board shall submit to the President and the Congress a report containing an assessment of the amounts required to be expended by States and by political subdivisions thereof to provide individuals with disabilities with full access to all programs and activities receiving Federal assistance.”
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 102–569, § 504(g)(1)–(3), redesignated par. (2) as (1), struck out at end “The Access Board may also make grants to any designated State unit for the purpose of conducting studies to provide the cost assessments required by paragraph (1). Before including in such report the findings of any study conducted for the Access Board under a grant or contract to provide the Access Board with such cost assessments, the Access Board shall take all necessary steps to validate the accuracy of any such findings.”, and struck out former par. (1) which read as follows: “Within one year following November 6, 1978, the Access Board shall submit to the President and the Congress a report containing an assessment of the amounts required to be expended by States and by political subdivisions thereof to provide individuals with disabilities with full access to all programs and activities receiving Federal assistance.”Enacted provision · exact public law section
(1) by striking paragraph (1);Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 102(p)(30) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(h)(1)
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps” before “with full access”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps” before “with full access”.Enacted provision · exact public law section
(30) Subsections (a), (c), (g), and (h) of section 502 (29 U.S.C. 792 (a), (c), (g), and (h)) are amended by striking “handicaps” each place such term appears and inserting “disabilities”.Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(g)(4) · 106 Stat. 4344
Redesignated · 29 U.S.C. § 792(h)(2)
Pub. L. 102–569, § 504(g)(4), which directed the addition of par. (2) “at the end” of subsec. (h), was executed by adding par. (2) before par. (3) to reflect the probable intent of Congress. Former par. (2) redesignated (1)
Source evidence
Code amendment note
Subsec. (h)(2). Pub. L. 102–569, § 504(g)(4), which directed the addition of par. (2) “at the end” of subsec. (h), was executed by adding par. (2) before par. (3) to reflect the probable intent of Congress. Former par. (2) redesignated (1).Enacted provision · exact public law section
(4) by adding at the end the following paragraph: “(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 m 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 Regulations. 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.”.Rehabilitation Act Amendments of 1992
Pub. L. 102–569 § 504(h) · 106 Stat. 4344
Substituted · 29 U.S.C. § 792(i)
Pub. L. 102–569, § 504(h), substituted “fiscal years 1993 through 1997.” for “fiscal years 1987 through 1992, but in no event shall the amount appropriated for any one fiscal year exceed $3,000,000.”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 102–569, § 504(h), substituted “fiscal years 1993 through 1997.” for “fiscal years 1987 through 1992, but in no event shall the amount appropriated for any one fiscal year exceed $3,000,000.”Enacted provision · exact public law section
(h) Authorization of Appropriations.— Section 502(i) (29 U.S.C. 792(i)) is amended by striking “fiscal years 1987 through 1992” and all that follows and inserting “fiscal years 1993 through 1997.”.Rehabilitation Act Amendments of 1993
Pub. L. 103–73 title I § 112(b) · 107 Stat. 718
Substituted · 29 U.S.C. § 792(a)(5)(A)
Pub. L. 103–73 substituted “level IV of the Executive Schedule under section 5315” for “level 4 of the Senior Executive Service Schedule under section 5382”
Source evidence
Code amendment note
Subsec. (a)(5)(A). Pub. L. 103–73 substituted “level IV of the Executive Schedule under section 5315” for “level 4 of the Senior Executive Service Schedule under section 5382”.Enacted provision · exact public law section
(b) Architectural and Transportation Barriers Compliance Board.— Section 502(a)(5)(A) (29 U.S.C. 792(a)(5)(A)) is amended by striking “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382” and inserting “the daily equivalent of the rate of pay for level IV of the Executive Schedule under section 5315”.Rehabilitation Act Amendments of 1998
Pub. L. 105–220 § 408(a)(2)(A) · 112 Stat. 936
Substituted · 29 U.S.C. § 792(a)(1)
Pub. L. 105–220, § 408(a)(2)(A), substituted “chairperson and” for “Chairperson and” in concluding provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 105–220, § 408(a)(2)(A), substituted “chairperson and” for “Chairperson and” in concluding provisions.Enacted provision · exact public law section
(A) in subsection (a)(1), in the sentence following subparagraph (B), by striking “Chairperson” and inserting “chairperson”;Rehabilitation Act Amendments of 1998
Pub. L. 105–220 § 408(a)(2)(B)(i) · 112 Stat. 936
Substituted · 29 U.S.C. § 792(b)(2)
Pub. L. 105–220, § 408(a)(2)(B)(i), substituted “information” for “guidelines”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 105–220, § 408(a)(2)(B)(i), substituted “information” for “guidelines”.Enacted provision · exact public law section
(i) in paragraph (2), by striking “guidelines” and inserting “information”;Rehabilitation Act Amendments of 1998
Pub. L. 105–220 § 408(a)(2)(B)(ii) · 112 Stat. 936
Added · 29 U.S.C. § 792(b)(3)
Pub. L. 105–220, § 408(a)(2)(B)(ii), added par. (3)
Struck · 29 U.S.C. § 792(b)(3)
Pub. L. 105–220, § 408(a)(2)(B)(ii), struck out former par. (3) which read as follows: “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;”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 105–220, § 408(a)(2)(B)(ii), added par. (3) and struck out former par. (3) which read as follows: “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;”.Enacted provision · exact public law section
(ii) by striking paragraph (3) and inserting the following: “(3) establish and maintain— “(A) minimum guidelines and requirements for the standards issued pursuant to the Act commonly known as the Architectural Barriers Act of 1968; “(B) minimum guidelines and requirements for the standards issued pursuant to titles II and III of the Americans with Disabilities Act of 1990; “(C) guidelines for accessibility of telecommunications equipment and customer premises equipment under section 255 of the Telecommunications Act of 1934 (47 U.S.C. 255); and “(D) standards for accessible electronic and information technology under section 508;”;Rehabilitation Act Amendments of 1998
Pub. L. 105–220 § 408(a)(2)(B)(iii) · 112 Stat. 936
Added · 29 U.S.C. § 792(b)(11)
Pub. L. 105–220, § 408(a)(2)(B)(iii)–(v), added par. (11)
Source evidence
Code amendment note
Subsec. (b)(11). Pub. L. 105–220, § 408(a)(2)(B)(iii)–(v), added par. (11).Enacted provision · exact public law section
(iii) in paragraph (9), by striking “; and” and inserting a semicolon;Rehabilitation Act Amendments of 1998
Pub. L. 105–220 § 408(a)(2)(C) · 112 Stat. 936
Substituted · 29 U.S.C. § 792(d)(1)
Pub. L. 105–220, § 408(a)(2)(C), substituted “procedures under this subsection” for “procedures under this section”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 105–220, § 408(a)(2)(C), substituted “procedures under this subsection” for “procedures under this section”.Enacted provision · exact public law section
(C) in subsection (d)(1), by striking “procedures under this section” and inserting “procedures under this subsection”;Rehabilitation Act Amendments of 1998
Pub. L. 105–220 § 408(a)(2)(D) · 112 Stat. 936
Substituted · 29 U.S.C. § 792(g)(2)
Pub. L. 105–220, § 408(a)(2)(D), substituted “Committee on Education and the Workforce” for “Committee on Education and Labor”
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 105–220, § 408(a)(2)(D), substituted “Committee on Education and the Workforce” for “Committee on Education and Labor”.Enacted provision · exact public law section
(D) in subsection (g)(2), by striking “Committee on Education and Labor” and inserting “Committee on Education and the Workforce”;Rehabilitation Act Amendments of 1998
Pub. L. 105–220 § 408(a)(2)(E) · 112 Stat. 936
Substituted · 29 U.S.C. § 792(h)(2)(A)
Pub. L. 105–220, § 408(a)(2)(E), substituted “paragraphs (2) and (4)” for “paragraphs (5) and (7)”
Source evidence
Code amendment note
Subsec. (h)(2)(A). Pub. L. 105–220, § 408(a)(2)(E), substituted “paragraphs (2) and (4)” for “paragraphs (5) and (7)”.Enacted provision · exact public law section
(E) in subsection (h)(2)(A), by striking “paragraphs (5) and (7)” and inserting “paragraphs (2) and (4)”; andRehabilitation Act Amendments of 1998
Pub. L. 105–220 § 408(a)(2)(F) · 112 Stat. 936
Substituted · 29 U.S.C. § 792(i)
Pub. L. 105–220, § 408(a)(2)(F), substituted “fiscal years 1999 through 2003” for “fiscal years 1993 through 1997”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–220, § 408(a)(2)(F), substituted “fiscal years 1999 through 2003” for “fiscal years 1993 through 1997”.Enacted provision · exact public law section
(F) in subsection (i), by striking “fiscal years 1993 through 1997” and inserting “fiscal years 1999 through 2003”.Assistive Technology Act of 1998
Pub. L. 105–394 § 203(a)(2) · 112 Stat. 3627
Redesignated · 29 U.S.C. § 792(d)
Pub. L. 105–394, § 203(a)(2), added subsec. (d). Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–394, § 203(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).Enacted provision · exact public law section
(2) by inserting after subsection (c) the following: “(d) Beginning in fiscal year 2000, the Access Board, after Effective date. consultation with the Secretary, representatives of such public and private entities as the Access Board determines to be appropriate (including the electronic and information technology industry), targeted individuals (as defined in section 3 of the Assistive Technology Act of 1998), and State information technology officers, shall provide training for Federal and State employees on any obligations related to section 508 of the Rehabilitation Act of 1973.”; andAssistive Technology Act of 1998
Pub. L. 105–394 § 203(a)(1) · 112 Stat. 3627
Redesignated · 29 U.S.C. § 792(e)
Pub. L. 105–394, § 203(a)(1), (3), redesignated subsec. (d) as (e)
Redesignated · 29 U.S.C. § 792(e)
Pub. L. 105–394, § 203(a)(1), (3), substituted “subsection (f)” for “subsection (e)” in second sentence of par. (1). Former subsec. (e) redesignated (f)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–394, § 203(a)(1), (3), redesignated subsec. (d) as (e) and substituted “subsection (f)” for “subsection (e)” in second sentence of par. (1). Former subsec. (e) redesignated (f).Enacted provision · exact public law section
(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively;Assistive Technology Act of 1998
Pub. L. 105–394 § 203(a)(1) · 112 Stat. 3627
Redesignated · 29 U.S.C. § 792(f)
Pub. L. 105–394, § 203(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).Enacted provision · exact public law section
(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively;Assistive Technology Act of 1998
Pub. L. 105–394 § 203(a)(1) · 112 Stat. 3627
Redesignated · 29 U.S.C. § 792(g)
Pub. L. 105–394, § 203(a)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).Enacted provision · exact public law section
(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively;Assistive Technology Act of 1998
Pub. L. 105–394 § 203(a)(1) · 112 Stat. 3627
Redesignated · 29 U.S.C. § 792(h)
Pub. L. 105–394, § 203(a)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).Enacted provision · exact public law section
(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively;Assistive Technology Act of 1998
Pub. L. 105–394 § 203(a)(1) · 112 Stat. 3627
Redesignated · 29 U.S.C. § 792(i)
Pub. L. 105–394, § 203(a)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).Enacted provision · exact public law section
(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively;Assistive Technology Act of 1998
Pub. L. 105–394 § 203(a)(1) · 112 Stat. 3627
Redesignated · 29 U.S.C. § 792(j)
Pub. L. 105–394, § 203(a)(1), redesignated subsec. (i) as (j)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (i) as (j).Enacted provision · exact public law section
(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively;Assistive Technology Act of 2004
Pub. L. 108–364 § 3(b)(3) · 118 Stat. 1707
Substituted · 29 U.S.C. § 792(d)
Pub. L. 108–364 substituted “targeted individuals and entities” for “targeted individuals”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 108–364 substituted “targeted individuals and entities” for “targeted individuals”.Enacted provision · exact public law section
(3) 29 USC 792. in section 502(d), by striking “targeted individuals” and inserting “targeted individuals and entities”.Workforce Innovation and Opportunity Act
Pub. L. 113–128 title IV § 456(b) · 128 Stat. 1425
Substituted · 29 U.S.C. § 792(j)
Pub. L. 113–128 substituted “$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 113–128 substituted “$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”Enacted provision · exact public law section
(b) Architectural and Transportation Barriers Compliance Board.— Section 502(j) (29 U.S.C. 792(j)) is amended by striking “such sums as may be necessary for each of the fiscal years 1999 through 2003.” and inserting “$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020.”.
123 of 124 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Executive level IV, referred to in subsec. (a)(1)(B), is set out in section 5315 of Title 5, Government Organization and Employees.
The Act commonly known as the Architectural Barriers Act of 1968, referred to in subsecs. (b)(1), (3)(A), (7) and (e)(2)(B), is Pub. L. 90–480, , 82 Stat. 718, which is classified generally to chapter 51 (§ 4151 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(2), (3)(B), is Pub. L. 101–336, , 104 Stat. 327. Titles II and III of the Act are classified generally to subchapters II (§ 12131 et seq.) and III (§ 12181 et seq.), respectively, of chapter 126 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Codification
Subsecs. (h) and (i)(3) of this section, which required the Board to submit an annual report on its activities to Congress and, at the same time the Board transmits the report required under section 4157(b) of Title 42, The Public Health and Welfare, to transmit that report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate, terminated, effective , pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, items 4 to 6 on page 155 of House Document No. 103–7.
Amendments1974–2014 · 13 rounds
2014
Subsec. (j). Pub. L. 113–128 substituted “$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”
2004
Subsec. (d). Pub. L. 108–364 substituted “targeted individuals and entities” for “targeted individuals”.
1998
Subsec. (a)(1). Pub. L. 105–220, § 408(a)(2)(A), substituted “chairperson and” for “Chairperson and” in concluding provisions.
Subsec. (b)(2). Pub. L. 105–220, § 408(a)(2)(B)(i), substituted “information” for “guidelines”.
Subsec. (b)(3). Pub. L. 105–220, § 408(a)(2)(B)(ii), added par. (3) and struck out former par. (3) which read as follows: “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;”.
Subsec. (b)(11). Pub. L. 105–220, § 408(a)(2)(B)(iii)–(v), added par. (11).
Subsec. (d). Pub. L. 105–394, § 203(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 105–220, § 408(a)(2)(C), substituted “procedures under this subsection” for “procedures under this section”.
Subsec. (e). Pub. L. 105–394, § 203(a)(1), (3), redesignated subsec. (d) as (e) and substituted “subsection (f)” for “subsection (e)” in second sentence of par. (1). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(2). Pub. L. 105–220, § 408(a)(2)(D), substituted “Committee on Education and the Workforce” for “Committee on Education and Labor”.
Subsec. (h). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(2)(A). Pub. L. 105–220, § 408(a)(2)(E), substituted “paragraphs (2) and (4)” for “paragraphs (5) and (7)”.
Subsec. (i). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 105–220, § 408(a)(2)(F), substituted “fiscal years 1999 through 2003” for “fiscal years 1993 through 1997”.
Subsec. (j). Pub. L. 105–394, § 203(a)(1), redesignated subsec. (i) as (j).
1993
Subsec. (a)(5)(A). Pub. L. 103–73 substituted “level IV of the Executive Schedule under section 5315” for “level 4 of the Senior Executive Service Schedule under section 5382”.
1992
Pub. L. 102–569, § 504(a)(2), (3), substituted “the Access Board” and “The Access Board” for “the Board” and “The Board”, respectively, wherever appearing.
Subsec. (a)(1). Pub. L. 102–569, § 504(a)(1), substituted “the ‘Access Board’ ” for “the ‘Board’ ” in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 102–569, § 504(b)(1)(A), substituted “Thirteen” for “Twelve” and “at least a majority” for “six”.
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps”.
Subsec. (a)(1)(B)(xii). Pub. L. 102–569, § 504(b)(1)(B), added cl. (xii).
Subsec. (a)(2)(A). Pub. L. 102–569, § 504(b)(2), designated existing provisions as cl. (i), substituted “4 years, except as provided in clause (ii)” for “three years” and “at least three” for “four”, and added cl. (ii).
Subsec. (a)(3). Pub. L. 102–569, § 504(b)(3), substituted “a Federal” for “such an” after “member becomes”.
Subsec. (a)(5)(A). Pub. L. 102–569, § 504(b)(4), substituted “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382” for “the daily rate prescribed for GS–18 under section 5332”.
Subsec. (b). Pub. L. 102–569, § 504(c), amended subsec. (b) generally, substituting present provisions for provisions which outlined eight specific functions of the Access Board.
Subsec. (c). Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps” wherever appearing.
Subsec. (d)(1). Pub. L. 102–569, § 504(d)(1), in first sentence, substituted “The Access Board shall conduct” for “In carrying out its functions under this chapter, the Access Board shall, directly or through grants to public or private nonprofit organizations or contracts with private nonprofit or forprofit organizations, carry out its functions under subsections (b) and (c) of this section, and shall conduct” and “to ensure compliance” for “to insure compliance”.
Subsec. (d)(3). Pub. L. 102–569, § 504(d)(2), struck out par. (3) which read as follows: “The Access Board, in consultation and coordination with other concerned Federal departments and agencies and agencies within the Department of Education, shall develop standards and provide appropriate technical assistance to any public or private activity, person, or entity affected by regulations prescribed pursuant to this subchapter with respect to overcoming architectural, transportation, and communication barriers. Any funds appropriated to any such department or agency for the purpose of providing such assistance may be transferred to the Access Board for the purpose of carrying out this paragraph. The Access Board may arrange to carry out its responsibilities under this paragraph through such other departments and agencies for such periods as the Access Board determines is appropriate. In carrying out its technical assistance responsibilities under this paragraph, the Access Board shall establish a procedure to insure separation of its compliance and technical assistance responsibilities under this section.”
Subsec. (f). Pub. L. 102–569, § 504(e), added par. (1), designated existing provisions as par. (2) and substituted “paragraph” for “subsection”, “Chairperson” for “Secretary”, and “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382” for “the daily pay rate for a person employed as a GS–18 under section 5332”.
Subsec. (g). Pub. L. 102–569, § 504(f), designated existing provisions as par. (1), substituted “paragraphs (8) and (9) of such subsection” for “clauses (5) and (6) of subsection (b) of this section”, struck out at end “The Access Board shall prepare two final reports of its activities under subsection (c). One such report shall be on its activities in the field of transportation barriers facing individuals with disabilities, and the other such report shall be on its activities in the field of the housing needs of individuals with disabilities. The Access Board shall, not later than , submit each such report, together with its recommendations, to the President and the Congress. The Access Board shall also prepare for such submission an interim report of its activities in each such field within 18 months after . The Access Board shall prepare and submit two additional reports of its activities under subsection (c) of this section, one report on its activities in the field of transportation barriers facing individuals with disabilities and the other report on its activities in the field of the housing needs of individuals with disabilities. The two additional reports required by the previous sentence shall be submitted not later than .”, and added par. (2).
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps” wherever appearing.
Subsec. (h)(1). Pub. L. 102–569, § 504(g)(1)–(3), redesignated par. (2) as (1), struck out at end “The Access Board may also make grants to any designated State unit for the purpose of conducting studies to provide the cost assessments required by paragraph (1). Before including in such report the findings of any study conducted for the Access Board under a grant or contract to provide the Access Board with such cost assessments, the Access Board shall take all necessary steps to validate the accuracy of any such findings.”, and struck out former par. (1) which read as follows: “Within one year following , the Access Board shall submit to the President and the Congress a report containing an assessment of the amounts required to be expended by States and by political subdivisions thereof to provide individuals with disabilities with full access to all programs and activities receiving Federal assistance.”
Pub. L. 102–569, § 102(p)(30), substituted “individuals with disabilities” for “individuals with handicaps” before “with full access”.
Subsec. (h)(2). Pub. L. 102–569, § 504(g)(4), which directed the addition of par. (2) “at the end” of subsec. (h), was executed by adding par. (2) before par. (3) to reflect the probable intent of Congress. Former par. (2) redesignated (1).
Subsec. (i). Pub. L. 102–569, § 504(h), substituted “fiscal years 1993 through 1997.” for “fiscal years 1987 through 1992, but in no event shall the amount appropriated for any one fiscal year exceed $3,000,000.”
1991
Subsec. (a)(1)(B)(ix). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
Subsec. (i). Pub. L. 102–52 substituted “1987 through 1992” for “1987, 1988, 1989, 1990, and 1991”.
1988
Subsec. (a)(2). Pub. L. 100–630, § 206(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term of office of each appointed member of the Board shall be three years; except that (i) the members first taking office shall serve, as designated by the President at the time of appointment, four for a term of one year, four for a term of two years, and three for a term of three years, (ii) a member whose term has expired may continue to serve until a successor has been appointed, and (iii) a member appointed to fill a vacancy shall serve for the remainder of the term to which that member’s predecessor was appointed.”
Subsec. (a)(3). Pub. L. 100–630, § 206(b)(2), substituted “the member” for “he”.
Subsec. (a)(5)(A). Pub. L. 100–630, § 206(b)(3), substituted “travel time” for “traveltime”.
Subsec. (b). Pub. L. 100–630, § 206(b)(4)–(7), inserted a comma after “surface transportation” in cl. (2), and substituted “Administrator of General Services” for “Administrator of the General Services Administration” in cl. (4), “results of” for “results to” in cl. (5), and “individuals with physical handicaps” for “physically handicapped persons” in cl. (8).
Subsec. (c)(2)(A). Pub. L. 100–630, § 206(b)(8), inserted a comma after “expanded transportation systems”.
Subsec. (d)(2)((B). Pub. L. 100–630, § 206(b)(9), substituted “that relate to” for “which related to”.
Subsec. (f). Pub. L. 100–630, § 206(b)(10), substituted “daily pay rate for” for “daily pay rate, for”, “section 5332 of title 5” for “section 5332 of title 45”, and “travel time” for “traveltime”.
Subsec. (g). Pub. L. 100–630, § 206(b)(11), substituted “transportation barriers facing individuals with handicaps” for “transportation barriers to individuals with handicaps” and for “transportation barriers of handicapped individuals” in fourth and seventh sentences, respectively, and “housing needs of individuals with handicaps” for “housing needs of handicapped individuals” in seventh sentence.
1986
Subsec. (a)(1)(A). Pub. L. 99–506, §§ 103(d)(2)(C), 601(a)(2), substituted “Twelve” for “Eleven”, “six” for “five”, and “individuals with handicaps” for “handicapped individuals”.
Subsec. (a)(1)(B). Pub. L. 99–506, § 601(a)(1), substituted provision that Chairperson and vice-chairperson of Board shall be elected by majority vote of members of Board to serve for terms of one year, for provision that President had to appoint first Chairman of such Board who was to serve for term of not more than two years, with subsequent Chairmen to be elected by majority vote of Board for term of one year, and inserted provisions that positions of Chairperson and vice-chairperson each be held alternately in succession by Federal official and by member of general public, and that when either office is held by member of general public, the other will be held by Federal official.
Subsec. (a)(2)(ii), (iii). Pub. L. 99–506, § 601(a)(3), added cls. (ii) and (iii), and struck out former cl. (ii) which read as follows: “any member appointed to fill a vacancy shall serve for the remainder of the term for which his predecessor was appointed”.
Subsec. (a)(6). Pub. L. 99–506, § 601(a)(4), added par. (6).
Subsecs. (b)(2), (c). Pub. L. 99–506, § 103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing.
Subsec. (d)(2)(A). Pub. L. 99–506, § 1002(e)(2)(B), substituted “any final order” for “any, final order”.
Subsec. (d)(3). Pub. L. 99–506, § 1002(e)(2)(C), substituted “Department of Education” for “Department of Health, Education, and Welfare” and “with respect to overcoming” for “with respect overcoming to”.
Subsec. (e)(2). Pub. L. 99–506, § 1002(e)(2)(D), substituted “alleged noncompliance and in” for “alleged noncompliance in”.
Subsec. (g). Pub. L. 99–506, § 601(b), inserted provisions requiring the Board to submit, not later than , two additional reports on its activities under subsec. (c), one report to deal with its activities relating to transportation barriers to handicapped individuals, the other to deal with activities relating to the housing needs of handicapped individuals.
Pub. L. 99–506, § 103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing.
Subsec. (h)(1). Pub. L. 99–506, § 103(d)(2)(C), substituted reference to individuals with handicaps for reference to handicapped individuals.
Subsec. (i). Pub. L. 99–506, § 601(c), which directed the substitution of “of the fiscal years 1987, 1988, 1989, 1990, and 1991,” for “fiscal year ending before ,” was executed by making the substitution for “fiscal year ending before .,” as the probable intent of Congress. See 1984 Amendment note below.
1984
Subsec. (i). Pub. L. 98–221 substituted “.” for “”.
1980
Subsec. (a)(1)(B)(i). Pub. L. 96–374, § 1321(a)(1), substituted “Department of Health and Human Services” for “Department of Health, Education, and Welfare”.
Subsec. (a)(1)(B)(xi). Pub. L. 96–374, § 1321(a)(2), added cl. (xi).
Subsec. (h)(3). Pub. L. 96–374, § 1321(b), added par. (3).
1978
Subsec. (a). Pub. L. 95–602, § 118(a), substituted provision permitting President to appoint eleven members of Board from general public of whom five are to be handicapped, adding head of the Department of Justice as a Board member, authorizing President to appoint the first chairman, and providing for the term of office, reappointment, and compensation of Board members for provision restricting Board membership to head of Department of Health, Education, and Welfare, Department of Transportation, Department of Housing and Urban Development, Department of Labor, Department of the Interior, Department of Defense, General Services Administration, United States Postal Service, and Veterans’ Administration, appointing Secretary of Health, Education, and Welfare as chairman, and authorizing appointment of a Consumer Advisory Panel, a majority of members of which were to be handicapped, to provide guidance, advice, and recommendations to Board.
Subsec. (b)(1). Pub. L. 95–602, § 118(b)(1), substituted provision requiring Board to insure compliance with standards of Architectural Barriers Act of 1968, including application to United States Postal Service, and to insure all waivers and modifications of standards are based on findings of fact and are not inconsistent with that Act or this section for provision requiring Board to insure compliance with the standards prescribed by General Services Administration, Department of Defense, and Department of Housing and Urban Development pursuant to Architectural Barriers Act of 1968.
Subsec. (b)(2). Pub. L. 95–602, § 118(b)(2), inserted “communication,” before “and attitudinal” and “telecommunication devices,” before “public buildings”.
Subsec. (b)(7), (8). Pub. L. 95–602, § 118(b)(3), added pars. (7) and (8).
Subsec. (d). Pub. L. 95–602, § 118(c), designated existing provision as par. (1), substituted “public or private nonprofit organizations or contracts with private nonprofit or forprofit organizations” for “or contracts with public or private nonprofit organizations”, “Except as provided in paragraph (3) of subsection (e), provisions” for “The provisions”, “building or public conveyance or rolling stock found” for “building found”, and “enforced under this section” for “prescribed pursuant to the Acts cited in subsection (b) of this section”, inserted provision permitting a complainant or participant in a proceeding under this subsection to obtain review of a final order pursuant to chapter 7 of title 5, and added pars. (2) and (3).
Subsec. (e). Pub. L. 95–602, § 118(d), designated existing provisions as par. (1) and added pars. (2) and (3).
Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners” wherever appearing. Such substitution was made in pars. (2) and (3) as the probable intent of Congress in view of the amendment to subsec. (e) by section 2(a)(8) of Pub. L. 95–251 (although prior in time to the amendment by Pub. L. 95–602) requiring such substitution wherever appearing in text.
Subsec. (h). Pub. L. 95–602, § 118(e), added subsec. (h). Former subsec. (h), which authorized appropriations for carrying out duties and functions of the Board of $1,000,000 for each of fiscal years ending , and , $1,500,000 for fiscal year ending , and $1,500,000 for each of fiscal years ending and , was struck out.
Subsec. (i). Pub. L. 95–602, § 118(e), added subsec. (i).
1976
Subsec. (h). Pub. L. 94–230, § 10, authorized appropriation of $1,500,000 for fiscal year ending .
Pub. L. 94–230, § 11(b)(13), authorized appropriation of $1,500,000 for fiscal year ending .
1974
Subsec. (a). Pub. L. 93–516, § 111(n), redesignated cls. (6), (7), and (8), as cls. (7), (8), and (9), added cl. (6), and following designated clauses, inserted provisions that Secretary of Health, Education, and Welfare shall be Chairman of Board, and that Board shall appoint, upon recommendation of Secretary, a Consumer Advisory Panel, a majority of members of which shall be handicapped individuals, to provide guidance, advice, and recommendations to Board in carrying out its functions.
Pub. L. 93–651, § 111(n), amended subsec. (a) in exactly the same manner as it was amended by Pub. L. 93–516.
Subsec. (d). Pub. L. 93–516, § 111(o), substituted “this chapter, the Board shall, directly or through grants to or contracts with public or private nonprofit organizations, carrying out its functions under subsections (b) and (c) of this section, and shall conduct” for “this section, the Board shall conduct”, and inserted provisions that 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, and that an order of compliance may include the withholding or suspension of Federal funds with respect to any building found not to be in compliance with standards prescribed pursuant to the Acts referred to in subsec. (b) of this section.
Pub. L. 93–651, 111(o), amended subsec. (d) in exactly the same manner as it was amended by Pub. L. 93–516.
Subsec. (e). Pub. L. 93–516, § 111(p), inserted provisions relating to appointment of an executive director and other professional and clerical personnel.
Pub. L. 93–651, § 111(p), amended subsec. (e) in exactly the same manner as it was amended by Pub. L. 93–516.
Subsec. (g). Pub. L. 93–516, § 111(q), substituted “not later than ” for “prior to ”.
Pub. L. 93–651, § 111(q), amended subsec. (g) in exactly the same manner as it was amended by Pub. L. 93–516.
Subsec. (h). Pub. L. 93–516, § 110, authorized appropriation of $1,500,000 for fiscal year ending .
Pub. L. 93–651, § 110, amended subsec. (h) in exactly the same manner as it was amended by Pub. L. 93–516.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–374 effective , see section 1393(a) of Pub. L. 96–374, set out as a note under section 1001 of Title 20, Education.
Extension of Vocational Rehabilitation Programs Through Fiscal Year Ending September 30, 1978; Effective Date of 1976 Amendment
Pub. L. 94–230, § 11(a), (b)(1), (c), , 90 Stat. 213, 214, extended certain program authorizations in the absence of congressional action, provided that the amendments made by section 11(b) of Pub. L. 94–230 would take effect at the close of , unless Congress passed legislation preempting those amendments, and provided that Congress would not be deemed to have passed such legislation unless it became law.
Termination of Advisory Panels
Advisory panels established after , to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a panel established by the President or an officer of the Federal Government, such panel is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a panel established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
Accessibility of Information on Prescription Drug Container Labels by Visually Impaired and Blind Consumers
Pub. L. 112–144, title IX, § 904, , 126 Stat. 1090, as amended by Pub. L. 117–286, § 4(a)(188), , 136 Stat. 4326, provided that:
“(a) Establishment of Working Group.—
“(1) In general.—
The Architectural and Transportation Barriers Compliance Board (referred to in this section as the ‘Access Board’) shall convene a stakeholder working group (referred to in this section as the ‘working group’) to develop best practices on access to information on prescription drug container labels for individuals who are blind or visually impaired.
“(2) Members.—
The working group shall be comprised of representatives of national organizations representing blind and visually impaired individuals, national organizations representing the elderly, and industry groups representing stakeholders, including retail, mail-order, and independent community pharmacies, who would be impacted by such best practices. Representation within the working group shall be divided equally between consumer and industry advocates.
“(3) Best practices.—
“(A) In general.—
The working group shall develop, not later than 1 year after the date of the enactment of this Act [], best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information on prescription drug container labels.
“(B) Public availability.—
The best practices developed under subparagraph (A) may be made publicly available, including through the Internet Web sites of the working group participant organizations, and through other means, in a manner that provides access to interested individuals, including individuals with disabilities.
“(C) Limitations.—
The best practices developed under subparagraph (A) shall not be construed as accessibility guidelines or standards of the Access Board, and shall not confer any rights or impose any obligations on working group participants or other persons. Nothing in this section shall be construed to limit or condition any right, obligation, or remedy available under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or any other Federal or State law requiring effective communication, barrier removal, or nondiscrimination on the basis of disability.
“(4) Considerations.—
In developing and issuing the best practices under paragraph (3)(A), the working group shall consider—
“(A) the use of—
“(i) Braille;
“(ii) auditory means, such as—
“(I) ‘talking bottles’ that provide audible container label information;
“(II) digital voice recorders attached to the prescription drug container; and
“(III) radio frequency identification tags;
“(iii) enhanced visual means, such as—
“(I) large font labels or large font ‘duplicate’ labels that are affixed or matched to a prescription drug container;
“(II) high-contrast printing; and
“(III) sans-serif font; and
“(iv) other relevant alternatives as determined by the working group;
“(B) whether there are technical, financial, manpower, or other factors unique to pharmacies with 20 or fewer retail locations which may pose significant challenges to the adoption of the best practices; and
“(C) such other factors as the working group determines to be appropriate.
“(5) Information campaign.—
Upon completion of development of the best practices under subsection (a)(3), the National Council on Disability, in consultation with the working group, shall conduct an informational and educational campaign designed to inform individuals with disabilities, pharmacists, and the public about such best practices.
“(6) Waiver of chapter 10 of title 5, united states code.—
Chapter 10 of title 5, United States Code, shall not apply to the working group.
“(b) GAO Study.—
“(1) In general.—
Beginning 18 months after the completion of the development of best practices under subsection (a)(3)(A), the Comptroller General of the United States shall conduct a review of the extent to which pharmacies are utilizing such best practices, and the extent to which barriers to accessible information on prescription drug container labels for blind and visually impaired individuals continue.
“(2) Report.—
Not later than , the Comptroller General of the United States shall submit to Congress a report on the review conducted under paragraph (1). Such report shall include recommendations about how best to reduce the barriers experienced by blind and visually impaired individuals to independently accessing information on prescription drug container labels.
“(c) Definitions.—
In this section—
“(1) the term ‘pharmacy’ includes a pharmacy that receives prescriptions and dispenses prescription drugs through an Internet Web site or by mail;
“(2) the term ‘prescription drug’ means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)); and
“(3) the term ‘prescription drug container label’ means the label with the directions for use that is affixed to the prescription drug container by the pharmacist and dispensed to the consumer.”
Credits
1973–2014 · 18 acts
- 1973Pub. L. 93–112, title V, § 502, , 87 Stat. 391
- 1974Pub. L. 93–516, title I, §§ 110, 111(n)–(q), , 88 Stat. 1619, 1621, 1622
- 1974Pub. L. 93–651, title I, §§ 110, 111(n)–(q), , 89 Stat. 2–4, 2–6, 2–7
- 1976Pub. L. 94–230, §§ 10, 11(b)(13), , 90 Stat. 212, 214
- 1978Pub. L. 95–251, § 2(a)(8), , 92 Stat. 183
- 1978Pub. L. 95–602, title I, § 118, , 92 Stat. 2979
- 1980Pub. L. 96–374, title XIII, § 1321, , 94 Stat. 1499
- 1984Pub. L. 98–221, title I, § 151, , 98 Stat. 28
- 1986Pub. L. 99–506, title I, § 103(d)(2)(C), title VI, § 601, title X, § 1002(e)(2)(B)–(D), , 100 Stat. 1810, 1829, 1844
- 1988Pub. L. 100–630, title II, § 206(b), , 102 Stat. 3311
- 1991Pub. L. 102–52, § 6, , 105 Stat. 262
- 1991Pub. L. 102–54, § 13(k)(1)(A), , 105 Stat. 276
- 1992Pub. L. 102–569, title I, § 102(p)(30), title V, § 504, , 106 Stat. 4360, 4424
- 1993Pub. L. 103–73, title I, § 112(b), , 107 Stat. 727
- 1998Pub. L. 105–220, title IV, § 408(a)(2), , 112 Stat. 1202
- 1998Pub. L. 105–394, title II, § 203(a), , 112 Stat. 3653
- 2004Pub. L. 108–364, § 3(b)(3), , 118 Stat. 1737
- 2014Pub. L. 113–128, title IV, § 456(b), , 128 Stat. 1675.
Show as published
(Pub. L. 93–112, title V, § 502, , 87 Stat. 391; Pub. L. 93–516, title I, §§ 110, 111(n)–(q), , 88 Stat. 1619, 1621, 1622; Pub. L. 93–651, title I, §§ 110, 111(n)–(q), , 89 Stat. 2–4, 2–6, 2–7; Pub. L. 94–230, §§ 10, 11(b)(13), , 90 Stat. 212, 214; Pub. L. 95–251, § 2(a)(8), , 92 Stat. 183; Pub. L. 95–602, title I, § 118, , 92 Stat. 2979; Pub. L. 96–374, title XIII, § 1321, , 94 Stat. 1499; Pub. L. 98–221, title I, § 151, , 98 Stat. 28; Pub. L. 99–506, title I, § 103(d)(2)(C), title VI, § 601, title X, § 1002(e)(2)(B)–(D), , 100 Stat. 1810, 1829, 1844; Pub. L. 100–630, title II, § 206(b), , 102 Stat. 3311; Pub. L. 102–52, § 6, , 105 Stat. 262; Pub. L. 102–54, § 13(k)(1)(A), , 105 Stat. 276; Pub. L. 102–569, title I, § 102(p)(30), title V, § 504, , 106 Stat. 4360, 4424; Pub. L. 103–73, title I, § 112(b), , 107 Stat. 727; Pub. L. 105–220, title IV, § 408(a)(2), , 112 Stat. 1202; Pub. L. 105–394, title II, § 203(a), , 112 Stat. 3653; Pub. L. 108–364, § 3(b)(3), , 118 Stat. 1737; Pub. L. 113–128, title IV, § 456(b), , 128 Stat. 1675.)