
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC792]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
                    SUBCHAPTER V--RIGHTS AND ADVOCACY
 
Sec. 792. Architectural and Transportation Barriers Compliance 
        Board
        

(a) Establishment; membership; chairperson; vice-chairperson; term of 
        office; termination of membership; reappointment; compensation 
        and travel expenses; bylaws; quorum requirements

    (1) There is established within the Federal Government the 
Architectural and Transportation Barriers Compliance Board (hereinafter 
referred to as the ``Access Board'') which shall be composed as follows:
        (A) Thirteen members shall be appointed by the President from 
    among members of the general public of whom at least a majority 
    shall be individuals with disabilities.
        (B) The remaining members shall be the heads of each of the 
    following departments or agencies (or their designees whose 
    positions are executive level IV or higher):
            (i) Department of Health and Human Services.
            (ii) Department of Transportation.
            (iii) Department of Housing and Urban Development.
            (iv) Department of Labor.
            (v) Department of the Interior.
            (vi) Department of Defense.
            (vii) Department of Justice.
            (viii) General Services Administration.
            (ix) Department of Veterans Affairs.
            (x) United States Postal Service.
            (xi) Department of Education.
            (xii) Department of Commerce.

The chairperson and vice-chairperson of the Access Board shall be 
elected by majority vote of the members of the Access Board to serve for 
terms of one year. When the chairperson is a member of the general 
public, the vice-chairperson shall be a Federal official; and when the 
chairperson is a Federal official, the vice-chairperson shall be a 
member of the general public. Upon the expiration of the term as 
chairperson of a member who is a Federal official, the subsequent 
chairperson shall be a member of the general public; and vice versa.
    (2)(A)(i) The term of office of each appointed member of the Access 
Board shall be 4 years, except as provided in clause (ii). Each year, 
the terms of office of at least three appointed members of the board \1\ 
shall expire.
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    \1\ So in original. Probably should be ``Access Board''.
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    (ii)(I) One member appointed for a term beginning December 4, 1992 
shall serve for a term of 3 years.
    (II) One member appointed for a term beginning December 4, 1993 
shall serve for a term of 2 years.
    (III) One member appointed for a term beginning December 4, 1994 
shall serve for a term of 1 year.
    (IV) Members appointed for terms beginning before December 4, 1992 
shall serve for terms of 3 years.
    (B) A member whose term has expired may continue to serve until a 
successor has been appointed.
    (C) A member appointed to fill a vacancy shall serve for the 
remainder of the term to which that member's predecessor was appointed.
    (3) If any appointed member of the Access Board becomes a Federal 
employee, such member may continue as a member of the Access Board for 
not longer than the sixty-day period beginning on the date the member 
becomes a Federal employee.
    (4) No individual appointed under paragraph (1)(A) of this 
subsection who has served as a member of the Access Board may be 
reappointed to the Access Board more than once unless such individual 
has not served on the Access Board for a period of two years prior to 
the effective date of such individual's appointment.
    (5)(A) Members of the Access Board who are not regular full-time 
employees of the United States shall, while serving on the business of 
the Access Board, be entitled to receive compensation at rates fixed by 
the President, but not to exceed the daily equivalent of the rate of pay 
for level 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.
    (B) Members of the Access Board who are employed by the Federal 
Government shall serve without compensation, but shall be reimbursed for 
travel, subsistence, and other necessary expenses incurred by them in 
carrying out their duties under this section.
    (6)(A) The Access Board shall establish such bylaws and other rules 
as may be appropriate to enable the Access Board to carry out its 
functions under this chapter.
    (B) The bylaws shall include quorum requirements. The quorum 
requirements shall provide that (i) a proxy may not be counted for 
purposes of establishing a quorum, and (ii) not less than half the 
members required for a quorum shall be members of the general public 
appointed under paragraph (1)(A).

(b) Functions

    It shall be the function of the Access Board to--
        (1) ensure compliance with the standards prescribed pursuant to 
    the Act entitled ``An Act to ensure that certain buildings financed 
    with Federal funds are so designed and constructed as to be 
    accessible to the physically handicapped'', approved August 12, 1968 
    (commonly known as the Architectural Barriers Act of 1968; 42 U.S.C. 
    4151 et seq.) (including the application of such Act to the United 
    States Postal Service), including enforcing all standards under such 
    Act, and ensuring that all waivers and modifications to the 
    standards are based on findings of fact and are not inconsistent 
    with the provisions of this section;
        (2) develop advisory 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;
        (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 
        title 47; and
            (D) standards for accessible electronic and information 
        technology under section 794d of this title;

        (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);
        (10) ensure that public conveyances, including rolling stock, 
    are readily accessible to, and usable by, individuals with physical 
    disabilities; and
        (11) carry out the responsibilities specified for the Access 
    Board in section 794d of this title.

(c) Additional functions; transportation barriers and housing needs; 
        transportation and housing plans and proposals

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

(d) 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 
(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.

(e) Investigations; hearings; orders; administrative procedure 
        applicable; final orders; judicial review; civil action; 
        intervention

    (1) The Access Board shall conduct investigations, hold public 
hearings, and issue such orders as it deems necessary to ensure 
compliance with the provisions of the Acts cited in subsection (b) of 
this section. Except as provided in paragraph (3) of subsection (f) of 
this section, 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.
    (2) The executive director is authorized, at the direction of the 
Access Board--
        (A) to bring a civil action in any appropriate United States 
    district court to enforce, in whole or in part, any final order of 
    the Access Board under this subsection; and
        (B) to intervene, appear, and participate, or to appear as 
    amicus curiae, in any court of the United States or in any court of 
    a State in civil actions that relate to this section or to the 
    Architectural Barriers Act of 1968 [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.

(f) Appointment of executive director, administrative law judges, and 
        other personnel; provisions applicable to administrative law 
        judges; authority and duties of executive director; finality of 
        orders of compliance

    (1) There shall be appointed by the Access Board an executive 
director and such other professional and clerical personnel as are 
necessary to carry out its functions under this 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.
    (2) 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.
    (3) 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.

(g) Technical, administrative, or other assistance; appointment, 
        compensation, and travel expenses of advisory and technical 
        experts and consultants

    (1)(A) In carrying out the technical assistance responsibilities of 
the Access Board under this section, the Board may enter into an 
interagency agreement with another Federal department or agency.
    (B) Any funds appropriated to such a department or agency for the 
purpose of providing technical assistance may be transferred to the 
Access Board. Any funds appropriated to the Access Board for the purpose 
of providing such technical assistance may be transferred to such 
department or agency.
    (C) The Access Board may arrange to carry out the technical 
assistance responsibilities of the Board under this section through such 
other departments and agencies for such periods as the Board determines 
to be appropriate.
    (D) The Access Board shall establish a procedure to ensure 
separation of its compliance and technical assistance responsibilities 
under this section.
    (2) The departments or agencies specified in subsection (a) of this 
section shall make available to the Access Board such technical, 
administrative, or other assistance as it may require to carry out its 
functions under this section, and the Access Board may appoint such 
other advisers, technical experts, and consultants as it deems necessary 
to assist it in carrying out its functions under this section. Special 
advisory and technical experts and consultants appointed pursuant to 
this paragraph shall, while performing their functions under this 
section, be entitled to receive compensation at rates fixed by the 
Chairperson,\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.
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    \2\ So in original. Probably should not be capitalized.
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(h) Reports on transportation barriers and housing needs

    (1) Omitted.
    (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 the Workforce of 
the House of Representatives and the Committee on Labor and Human 
Resources of the Senate.

(i) Grants and contracts to aid Access Board in carrying out its 
        functions; acceptance of gifts, devises, and bequests of 
        property; report to Congress on accessibility of federally 
        funded buildings; joint transmittal

    (1) The Access Board may make grants to, or enter into contracts 
with, public or private organizations to carry out its duties under 
subsections (b) and (c) of this section.
    (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 (2) and (4) of subsection (b) of this section. 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.
    (B) The Access Board shall publish regulations setting forth the 
criteria the Board will use in determining whether the acceptance of 
gifts, devises, and bequests of property, both real and personal, would 
reflect unfavorably upon the ability of the Board or any employee to 
carry out the responsibilities or official duties of the Board in a fair 
and objective manner, or would compromise the integrity of or the 
appearance of the integrity of a Government program or any official 
involved in that program.
    (3) The Access Board shall, at the same time that the Access Board 
transmits the report required under section 7(b) of the Act entitled 
``An Act to ensure that certain buildings financed with Federal funds 
are so designated and constructed as to be accessible to the physically 
handicapped'', approved August 12, 1968 (commonly known as the 
Architectural Barriers Act of 1968) [42 U.S.C. 4157(b)] transmit that 
report to the Committee on Labor and Human Resources of the Senate and 
the Committee on Education and Labor of the House of Representatives.

(j) Authorization of appropriations

    There are authorized to be appropriated for the purpose of carrying 
out the duties and functions of the Access Board under this section such 
sums as may be necessary for each of the fiscal years 1999 through 2003.

(Pub. L. 93-112, title V, Sec. 502, Sept. 26, 1973, 87 Stat. 391; Pub. 
L. 93-516, title I, Secs. 110, 111(n)-(q), Dec. 7, 1974, 88 Stat. 1619, 
1621, 1622; Pub. L. 93-651, title I, Secs. 110, 111(n)-(q), Nov. 21, 
1974, 89 Stat. 2-4, 2-6, 2-7; Pub. L. 94-230, Secs. 10, 11(b)(13), Mar. 
15, 1976, 90 Stat. 212, 214; Pub. L. 95-251, Sec. 2(a)(8), Mar. 27, 
1978, 92 Stat. 183; Pub. L. 95-602, title I, Sec. 118, Nov. 6, 1978, 92 
Stat. 2979; Pub. L. 96-374, title XIII, Sec. 1321, Oct. 3, 1980, 94 
Stat. 1499; Pub. L. 98-221, title I, Sec. 151, Feb. 22, 1984, 98 Stat. 
28; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title VI, Sec. 601, 
title X, Sec. 1002(e)(2)(B)-(D), Oct. 21, 1986, 100 Stat. 1810, 1829, 
1844; Pub. L. 100-630, title II, Sec. 206(b), Nov. 7, 1988, 102 Stat. 
3311; Pub. L. 102-52, Sec. 6, June 6, 1991, 105 Stat. 262; Pub. L. 102-
54, Sec. 13(k)(1)(A), June 13, 1991, 105 Stat. 276; Pub. L. 102-569, 
title I, Sec. 102(p)(30), title V, Sec. 504, Oct. 29, 1992, 106 Stat. 
4360, 4424; Pub. L. 103-73, title I, Sec. 112(b), Aug. 11, 1993, 107 
Stat. 727; Pub. L. 105-220, title IV, Sec. 408(a)(2), Aug. 7, 1998, 112 
Stat. 1202; Pub. L. 105-394, title II, Sec. 203(a), Nov. 13, 1998, 112 
Stat. 3653.)

                       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, Aug. 12, 1968, 82 Stat. 718, as amended, which is classified 
generally to chapter 51 (Sec. 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, July 26, 1990, 104 Stat. 327, as 
amended. Titles II and III of the Act are classified generally to 
subchapters II (Sec. 12131 et seq.) and III (Sec. 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

    Subsec. (h)(1) of this section, which required the Board to submit 
an annual report on its activities to Congress, terminated, effective 
May 15, 2000, 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, page 155 of House Document No. 103-7.


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-220, Sec. 408(a)(2)(A), 
substituted ``chairperson and'' for ``Chairperson and'' in concluding 
provisions.
    Subsec. (b)(2). Pub. L. 105-220, Sec. 408(a)(2)(B)(i), substituted 
``information'' for ``guidelines''.
    Subsec. (b)(3). Pub. L. 105-220, Sec. 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, Sec. 408(a)(2)(B)(iii)-(v), added 
par. (11).
    Subsec. (d). Pub. L. 105-394, Sec. 203(a)(2), added subsec. (d). 
Former subsec. (d) redesignated (e).
    Subsec. (d)(1). Pub. L. 105-220, Sec. 408(a)(2)(C), substituted 
``procedures under this subsection'' for ``procedures under this 
section''.
    Subsec. (e). Pub. L. 105-394, Sec. 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, Sec. 203(a)(1), redesignated subsec. 
(e) as (f). Former subsec. (f) redesignated (g).
    Subsec. (g). Pub. L. 105-394, Sec. 203(a)(1), redesignated subsec. 
(f) as (g). Former subsec. (g) redesignated (h).
    Subsec. (g)(2). Pub. L. 105-220, Sec. 408(a)(2)(D), substituted 
``Committee on Education and the Workforce'' for ``Committee on 
Education and Labor''.
    Subsec. (h). Pub. L. 105-394, Sec. 203(a)(1), redesignated subsec. 
(g) as (h). Former subsec. (h) redesignated (i).
    Subsec. (h)(2)(A). Pub. L. 105-220, Sec. 408(a)(2)(E), substituted 
``paragraphs (2) and (4)'' for ``paragraphs (5) and (7)''.
    Subsec. (i). Pub. L. 105-394, Sec. 203(a)(1), redesignated subsec. 
(h) as (i). Former subsec. (i) redesignated (j).
    Pub. L. 105-220, Sec. 408(a)(2)(F), substituted ``fiscal years 1999 
through 2003'' for ``fiscal years 1993 through 1997''.
    Subsec. (j). Pub. L. 105-394, Sec. 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, Sec. 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, Sec. 504(a)(1), substituted ``the 
`Access Board' '' for ``the `Board' '' in introductory provisions.
    Subsec. (a)(1)(A). Pub. L. 102-569, Sec. 504(b)(1)(A), substituted 
``Thirteen'' for ``Twelve'' and ``at least a majority'' for ``six''.
    Pub. L. 102-569, Sec. 102(p)(30), substituted ``individuals with 
disabilities'' for ``individuals with handicaps''.
    Subsec. (a)(1)(B)(xii). Pub. L. 102-569, Sec. 504(b)(1)(B), added 
cl. (xii).
    Subsec. (a)(2)(A). Pub. L. 102-569, Sec. 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, Sec. 504(b)(3), substituted ``a 
Federal'' for ``such an'' after ``member becomes''.
    Subsec. (a)(5)(A). Pub. L. 102-569, Sec. 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, Sec. 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, Sec. 102(p)(30), substituted 
``individuals with disabilities'' for ``individuals with handicaps'' 
wherever appearing.
    Subsec. (d)(1). Pub. L. 102-569, Sec. 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, Sec. 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, Sec. 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, Sec. 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) of this section. 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).
    Pub. L. 102-569, Sec. 102(p)(30), substituted ``individuals with 
disabilities'' for ``individuals with handicaps'' wherever appearing.
    Subsec. (h)(1). Pub. L. 102-569, Sec. 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.''
    Pub. L. 102-569, Sec. 102(p)(30), substituted ``individuals with 
disabilities'' for ``individuals with handicaps'' before ``with full 
access''.
    Subsec. (h)(2). Pub. L. 102-569, Sec. 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, Sec. 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, Sec. 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, Sec. 206(b)(2), substituted ``the 
member'' for ``he''.
    Subsec. (a)(5)(A). Pub. L. 100-630, Sec. 206(b)(3), substituted 
``travel time'' for ``traveltime''.
    Subsec. (b). Pub. L. 100-630, Sec. 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, Sec. 206(b)(8), inserted a comma 
after ``expanded transportation systems''.
    Subsec. (d)(2)((B). Pub. L. 100-630, Sec. 206(b)(9), substituted 
``that relate to'' for ``which related to''.
    Subsec. (f). Pub. L. 100-630, Sec. 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, Sec. 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, Secs. 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, Sec. 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, Sec. 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, Sec. 601(a)(4), added par. (6).
    Subsecs. (b)(2), (c). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted 
``individuals with handicaps'' for ``handicapped individuals'' wherever 
appearing.
    Subsec. (d)(2)(A). Pub. L. 99-506, Sec. 1002(e)(2)(B), substituted 
``any final order'' for ``any, final order''.
    Subsec. (d)(3). Pub. L. 99-506, Sec. 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, Sec. 1002(e)(2)(D), substituted 
``alleged noncompliance and in'' for ``alleged noncompliance in''.
    Subsec. (g). Pub. L. 99-506, Sec. 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.
    Pub. L. 99-506, Sec. 103(d)(2)(C), substituted ``individuals with 
handicaps'' for ``handicapped individuals'' wherever appearing.
    Subsec. (h)(1). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted 
reference to individuals with handicaps for reference to handicapped 
individuals.
    Subsec. (i). Pub. L. 99-506, Sec. 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.
    1984--Subsec. (i). Pub. L. 98-221 substituted ``October 1, 1986.'' 
for ``October 1, 1982''.
    1980--Subsec. (a)(1)(B)(i). Pub. L. 96-374, Sec. 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, Sec. 1321(a)(2), added cl. 
(xi).
    Subsec. (h)(3). Pub. L. 96-374, Sec. 1321(b), added par. (3).
    1978--Subsec. (a). Pub. L. 95-602, Sec. 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, Sec. 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, Sec. 118(b)(2), inserted 
``communication,'' before ``and attitudinal'' and ``telecommunication 
devices,'' before ``public buildings''.
    Subsec. (b)(7), (8). Pub. L. 95-602, Sec. 118(b)(3), added pars. (7) 
and (8).
    Subsec. (d). Pub. L. 95-602, Sec. 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) 
of this section, 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, Sec. 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, Sec. 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.
    Subsec. (i). Pub. L. 95-602, Sec. 118(e), added subsec. (i).
    1976--Subsec. (h). Pub. L. 94-230, Sec. 10, authorized appropriation 
of $1,500,000 for fiscal year ending Sept. 30, 1977.
    Pub. L. 94-230, Sec. 11(b)(13), authorized appropriation of 
$1,500,000 for fiscal year ending Sept. 30, 1978.
    1974--Subsec. (a). Pub. L. 93-516, Sec. 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, Sec. 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, Sec. 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, Sec. 111(p), inserted provisions 
relating to appointment of an executive director and other professional 
and clerical personnel.
    Pub. L. 93-651, Sec. 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, Sec. 111(q), substituted ``not later 
than September 30, 1975'' for ``prior to January 1, 1975''.
    Pub. L. 93-651, Sec. 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, Sec. 110, authorized appropriation of 
$1,500,000 for fiscal year ending June 30, 1976.
    Pub. L. 93-651, Sec. 110, amended subsec. (h) in exactly the same 
manner as it was amended by Pub. L. 93-516.

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                    Effective Date of 1980 Amendment

    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.


  Extension of Vocational Rehabilitation Programs Through Fiscal Year 
       Ending September 30, 1978; Effective Date of 1976 Amendment

    For contingency provisions relating to the extensions of program 
authorizations and to the effective date of such extensions, see section 
11(a), (b)(1), and (c) of Pub. L. 94-230, set out as a note under 
section 720 of this title.


                     Termination of Advisory Panels

    Advisory panels established after Jan. 5, 1973, 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 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 
5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 794b, 794d of this title; 
title 42 sections 4157, 12185; title 49 section 40103.
