Pub. L. 103-73, tit. I, sec. 112

RIGHTS AND ADVOCACY.

EnactedYear: 1993Length: 620 wordsOfficial source
SEC. 112. RIGHTS AND ADVOCACY. (a) Employment of Individuals With Disabilities.— Section 501(a) (29 U.S.C. 791(a)) is amended in the first sentence, by inserting a comma after “Veterans Affairs”. (b) Architectural and Transportation Barriers Compliance Board.— Section 502(a)(5)(A) (29 U.S.C. 792(a)(5)(A)) is amended by striking “the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382” and inserting “the daily equivalent of the rate of pay for level IV of the Executive Schedule under section 5315”. (c) Rights and Advocacy.— Section 509 (29 U.S.C. 794e) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: “(1) need services that are beyond the scope of services authorized to be provided by the client assistance program under section 112; and”; (2) by striking subsection (b) and inserting the following: “(b) Appropriations Less Than $5,500,000.— For any fiscal year in which the amount appropriated to carry out this section is less than $5,500,000, the Commissioner may make grants from such amount to eligible systems within States to plan for, develop outreach strategies for, and carry out protection and advocacy programs authorized under this section for individuals with disabilities who meet the requirements of paragraphs (1) and (2) of subsection (a).”; (3) in subsection (c)— (A) in paragraph (4)— (i) in subparagraph (A), by striking “this subsection” and inserting “paragraph (3)(B)”; and (ii) in subparagraph (B), by striking “allotted” and inserting “allotted under paragraph (3)(A)”; and (B) by striking paragraph (5) and inserting the following: “(5) Adjustment for inflation.— For any fiscal year, beginning in fiscal year 1994, in which the total amount appropriated to carry out this section exceeds the total amount appropriated to carry out this section for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index For All Urban Consumers published by the Secretary of Labor under section 100(c)(1), the Commissioner shall increase the minimum allotment under paragraphs (3)(B) and (4)(B) by such percentage change in the Consumer Price Index For All Urban Consumers”; (4) by striking subsection (d) and inserting the following: “(d) Proportional Reduction.— To provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(3)(B), or to provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(4)(B), the Commissioner shall proportionately reduce the allotments of the remaining systems within States under 107 STAT. 728subsection (c)(3), with such adjustments as may be necessary to prevent the allotment of any such remaining system within a State from being reduced to less than the minimum allotment for a system within a State (as increased under subsection (c)(5)) under subsection (c)(3)(B), or the minimum allotment for a State (as increased under subsection (c)(5)) under subsection (c)(4)(B), as appropriate.”; (5) by redesignating subsection (i) as subsection (n); (6) in subsection (i), to read as follows: “(i) Notwithstanding subsection (n), a protection and advocacy system that— “(1) received funds for fiscal year 1992, under section 731 of this Act, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992, to carry out a project; and “(2) receives a continuation award for such project for fiscal year 1993, shall not be eligible to receive additional funds under this section for fiscal year 1993.”; and (7) by striking subsection (j) and inserting the following: “(j) Administrative Cost.— In any State in which an eligible system is located within a State agency, a State may use a portion of any allotment under subsection (c) for the cost of the administration of the system required by this section. Such portion may not exceed 5 percent of the allotment.”.