29 U.S.C. § 794b: Removal of architectural…

Summary

The Secretary can give technical help, directly or by contract, to state vocational rehab agencies, community rehabilitation programs, and—with the Access Board’s OK—to other public or nonprofit groups. The Access Board must consider State cost studies before agreeing. Specialists hired under these contracts get pay set by the Secretary but not more than the daily equivalent of the Level 4 Senior Executive Service rate in 5 U.S.C. 5382, including travel time, and may get travel expenses and per diem as allowed by 5 U.S.C. 5703. With approval from the Access Board and the President, the Secretary can also give money to public or nonprofit groups to remove barriers, but only after a need study required by section 792(i)(1) is done and submitted. Congress may appropriate whatever funds are needed.

Title 29, §794b

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

(1)to persons operating community rehabilitation programs; and

(2)with the concurrence of the Access Board established by section 792 of this title, to any public or nonprofit agency, institution, or organization;

for the purpose of assisting such persons or entities in removing architectural, transportation, or communication barriers. Any concurrence of the Access Board under paragraph (2) shall reflect its consideration of cost studies carried out by States.

(b)Any such experts or consultants, while serving pursuant to such contracts, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5, including travel time, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Government service employed intermittently.

(c)The Secretary, with the concurrence of the Access Board and the President, may provide, directly or by contract, financial assistance to any public or nonprofit agency, institution, or organization for the purpose of removing architectural, transportation, and communication barriers. No assistance may be provided under this subsection until a study demonstrating the need for such assistance has been conducted and submitted under section 792(i)(1) of this title.

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–220, § 408(a)(4)(A), in concluding provisions, inserted last sentence and struck out former last sentence which read as follows: “Any concurrence of the Access Board under this paragraph shall reflect its consideration of the cost studies carried out by States under section 792(c)(1) of this title.” Subsec. (c). Pub. L. 105–394 substituted “792(i)(1)” for “792(h)(1)”. Pub. L. 105–220, § 408(a)(4)(B), substituted “provided under this subsection” for “provided under this paragraph”. 1992—Subsec. (a). Pub. L. 102–569, § 507(a), (b), substituted “community rehabilitation programs” for “rehabilitation facilities” in par. (1) and inserted “Access” before “Board” in par. (2) and concluding provisions. Subsec. (b). Pub. L. 102–569, § 507(c), substituted “the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382” for “the rate of basic pay payable for grade GS–18 of the General Schedule, under section 5332”. Subsec. (c). Pub. L. 102–569, § 507(a), (d), inserted “Access” before “Board” and substituted “792(h)(1)” for “792(h)(2)”. 1988—Subsec. (a). Pub. L. 100–630, § 206(e)(1), (2), redesignated former par. (1) as subsec. (a) and former subpars. (A) and (B) as pars. (1) and (2), respectively. Subsec. (b). Pub. L. 100–630, § 206(e)(1), (3), redesignated former par. (2) as subsec. (b) and substituted “travel time” for “traveltime”. Subsec. (c). Pub. L. 100–630, § 206(e)(1), (4), redesignated former par. (3) as subsec. (c) and inserted a comma after “the President”. Subsec. (d). Pub. L. 100–630, § 206(e)(1), redesignated former par. (4) as subsec. (d).

§794b Removal of Architectural, Transportation, or Communication Barriers; Technical and Financial Assistance; Compensation of Experts or Consultants; Authorization of Appropriations

Summary

Title 29, §794b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata