miscellaneous amendments

miscellaneous amendments Sec. 111. (a) Section 7(6) of such Act is amended by adding at the 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 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 88 Stat. 1620handicapped individuals covered under, and on the same terms and 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 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 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 the event that funds so appropriated under section 304 do not exceed $11,860,000 in any fiscal year, the Secretary is authorized 88 Stat. 1621to utilize such funds to carry out this section”. (g) Section 130(b) of such Act is amended by striking out “February 1, 1975” and inserting in lieu thereof “June 30, 1975”. (h) Section 202(a) of such Act is amended by striking out “and 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 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.”. (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”. 88 Stat. 1622 (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 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”.