REFERENCES TO THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.

SEC. 504. REFERENCES TO THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD. (a) Access Board.— Section 502 (29 U.S.C. 792) is amended— (1) in the matter preceding subparagraph (A) of subsection (a)(1), by striking “the ‘Board’” and inserting “the ‘Access Board’ ”; (2) by striking “the Board” each place the term appears and inserting “the Access Board”; and (3) by striking “The Board” each place the term appears and inserting “The Access Board”. (b) Composition.—Section 502(a) (29 U.S.C. 792(a)) of the Act is amended— (1) in paragraph (1)— (A) in subparagraph (A)— 106 STAT. 4425 (i) by striking “Twelve” and inserting “Thirteen”; and (ii) by striking “six” and inserting “at least a majority”; and (B) in subparagraph (B), by inserting after clause (xi) the following: “(xii) Department of Commerce.”; (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.”; (3) in paragraph (3), by striking “such an” and inserting “a Federal”; and (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”. (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 106 STAT. 4426with 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.”. (d) Investigations and Hearings.—Section 502(d) (29 U.S.C. 792(d)) is amended— (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”; and (2) by striking paragraph (3). (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 106 STAT. 4427“the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382”. (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.”. (g) Report Containing Assessment.—Section 502(h) (29 U.S.C. 792(h)) is amended— (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated by paragraph (2) of this subsection), by striking the second and third sentences; and (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 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.”. (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.”.