(5) Department of the Interior; 87 STAT 392 (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 (Public Law 91-205); (2) investigate and examine alternative 82 Stat. 718; approaches to the architectural, transportation, and attitudinal bar- 84 Stat. 49. riers confronting handicapped individuals, particularly with respect to 42 USC 4151. 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; (4) promote the use of the International Accessibility Symbol International in all public facilities that are in compliance with the standards pre- Accessibility scribed by the Administrator of the General Services Administration, Symbol, prothe Secretary of Defense, and the Secretary of Housing and Urban motion. Development pursuant to the Architectural Barriers Act of 1968; (5) Reports to make to the President and to Congress reports which shall describe in President and detail the results to its investigations under clauses (2) and (3) of Congress. 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 transportation barriers impede the mobility of handicapped individ- barriers. uals 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 chapter 7 of title 5, "nited States Code, shall apply to procedures 5 USC 551, under this section, and an order of compliance issued by the Board 701. shall be a final order for purposes of judicial review. 36-930 - 79-18 87 STAT. 393 80 Stat. 415. anoe. 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 examiners appointed under this subsection. Technical assist- (f) The departments or agencies specified in subsection (a) of this 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 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. 5 USC 5332 note. 80 Stat. 499; 83 Stat. 190. Report to Congress. Report to the Appropriation. Ante, p. 361. (g) The Board shall, at the end of each fiscal year, report its activities during the preceding fiscal year to the Congress. Such report shall include an assessment of the extent of compliance with the Acts cited in subsection (b) of this section, along with a description and analysis of investigations made and actions taken by the 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, 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 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. EMPLOYMENT UNDER FEDERAL CONTRACTS SEC. 503. (a) Any contract in excess of $2.500 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that, in employing persons to carry out such contract the party contracting with the United States shall take affirmative action to employ and advance in employment qualified handicapped individuals as defined in section 7(6). The provisions of this section shall apply to any subcontract in excess of $2,500 entered into by a prime contractor in carrying out any contract for the procurement of personal property and nonpersonal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within ninety days after the date of enactment of this section. (b) If any handicapped individual believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to employment of handicapped individuals, such individual may file a complaint with the Department of Labor. The Department shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant, consistent with the terms of such contract and the laws and regulations applicable thereto. 87 STAT 394 (c) The requirements of this section may be waived, in whole or in Waiver part, by the President with respect to a particular contract or sub- authority. contract, in accordance with guidelines set forth in regulations which he shall prescribe, when he determines that special circumstances in the national interest so require and states in writing his reasons for such determination. NONDISCRIMINATION UNDER FEDERAL GRANTS SEC. 504. No otherwise qualified handicapped individual in the United States, as defined in section 7(6), shall, solely by reason of his Ante, p. 361. handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Approved September 26, 1973. LEGISLATIVE HISTORY: and HOUSE REPORTS: No. 93-244 (Comm. on Education and Labor) and No. 93-500 (Comm. of Conference). SENATE REPORTS: No. 93-318 accompanying S. 1875 (Comm. on Labor and Public Welfare) and No. 93-391 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 119 (1973): June 5, considered and passed House. July 18, considered and passed Senate, amended, in lieu of S. 1875. Sept. 13, Senate agreed to conference report. Sept. 18, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 9, Nc. 39: Public Law 93-113 93rd Congress, S. 1148 October 1, 1973 An Act To provide for the operation of programs by the ACTION Agency, to establish certain new such programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, with Domestic the following table of contents, may be cited as the "Domestic Volun- Volunteer teer Service Act of 1973": Service Act of 1973. Sec. 112. Authority to operate University Year for ACTION program. Sec. 114. Special service-learning programs. PART C-SPECIAL VOLUNTEER PROGRAMS Sec. 121. Statement of purpose. Sec. 122. Authority to establish and operate programs. TITLE II-NATIONAL OLDER AMERICAN VOLUNTEER PROGRAMS PART A-RETIRED SENIOR VOLUNTEER PROGRAM Sec. 201. Grants and contracts for volunteer service projects. PART B-FOSTER GRANDPARENT PROGRAM AND OLDER AMERICAN COMMUNITY Sec. 211. Grants and contracts for volunteer service projects. Sec. 212. Conditions of grants and contracts. PART C-GENERAL PROVISIONS Sec. 221. Coordination with other Federal programs. Sec. 222. Payments. Sec. 223. Minority group participation. TITLE III-NATIONAL VOLUNTEER PROGRAMS TO ASSIST SMALL Sec. 301. Statement of purpose. Sec. 302. Authority to establish, coordinate, and operate programs. 87 STAT. 394 87 STAT. 395 87 STAT. 395 87 STAT. 396 TABLE OF CONTENTS-Continued TITLE IV-ADMINISTRATION AND COORDINATION-Continued Sec. 411. Prohibition. Sec. 412. Notice and hearing procedures for suspension and termination of firancial assistance. Sec. 413. Duration of program. Sec. 414. Distribution of benefits between rural and urban areas. Sec. 415. Application of Federal law. Sec. 416. Evaluation. Sec. 417. Nondiscrimination. Sec. 418. Eligibility for other benefits. Sec. 419. Legal expenses. Sec. 420. Guidelines. Sec. 422. Audit. TITLE V-AUTHORIZATION OF APPROPRIATIONS Sec. 501. National volunteer antipoverty programs. Sec. 502. National older Americans volunteer programs. Sec. 503. National volunteer programs to assist small businesses and promote volunteer service by persons with business experience. Sec. 504. Administration and coordination. Sec. 505. Availability of appropriations. TITLE VI-AMENDMENTS TO OTHER LAWS AND REPEALERS Sec. C01. Supersedence of Reorganization Plan No. 1 of July 1, 1971. Sec. 602. Creditable service for civil service retirement. Sec. 603. Repeal of title VIII of the Economic Opportunity Act. Sec. 601. Repeal of title VI of the Older Americans Act. TITLE I-NATIONAL VOLUNTEER ANTIPOVERTY PART A-VOLUNTEERS IN SERVICE TO AMERICA STATEMENT OF PURPOSE SEC. 101. This part provides for the Volunteers in Service to America (VISTA) program of full-time volunteer service, together with appropriate powers and responsibilities designed to assist in the development and coordination of such program. The purpose of this part is to strengthen and supplement efforts to eliminate poverty and poverty-related human, social, and environmental problems in the United States by encouraging and enabling persons from all walks of life and all age groups, including elderly and retired Americans, to perform meaningful and constructive volunteer service in agencies, institutions, and situations where the application of human talent and dedication may assist in the solution of poverty and poverty-related problems and secure and exploit opportunities for self-advancement by persons afflicted with such problems. AUTHORITY TO OPERATE VISTA PROGRAM SEC. 102. The Director may recruit, select, and train persons to serve in full-time volunteer programs consistent with the provisions and to carry out the purpose of this part. ASSIGNMENT OF VOLUNTEERS SEC. 103. (a) The Director, upon request of Federal, State, or local agencies, or private nonprofit organizations, may assign such volunteers to work in the several States in appropriate projects and programs |