Page:United States Statutes at Large Volume 92 Part 3.djvu/349

 PUBLIC LAW 95-602—NOV. 6, 1978

92 STAT. 2981

after "building" and by striking out "prescribed pursuant to the Act cited in subsection (b) of this section" and inserting in lieu thereof "enforced under this section". (4) Section 502(d) of the Rehabilitation Act of 1973 is amended by adding at the end thereof the following new sentence: Pursuant to chapter 7 of title 5, United States Code, any complainant or participant in a proceeding under this subsection may obtain review of a final order issued in such proceeding. (5) Section 502(d) of the Rehabilitation Act of 1973 is further amended by inserting " (1) " after the subsection designation and by adding at the end thereof the following new paragraphs: "(2) The executive director is authorized, at the direction of the Board— " (A) to bring a civil action in any appropriate United States district court to enforce, in whole or in part, any, jBnal order of the Board under this subsection; and "(B) to intervene, appear, and participate, or to appear as amicus curiae, in any court of the United States or in any court of a State in civil actions which related to this section or to the Architectural Barriers Act of 1968* Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the executive director may appear for and represent the Board in any civil litigation brought under this section.". "(3) The Board, in consultation and coordination with other concerned Federal departments and agencies and agencies within the Department of Health, Education, and Welfare, shall develop standards and provide appropriate technical assistance to any public or private activity, person, or entity affected by regulations prescribed pursuant to this title with respect overcoming to architectural, transportation, and communication barriers. Any funds appropriated to any such department or agency for the purpose of providing such assistance may be transferred to the Board for the purpose of carrying out this paragraph. The Board may arrange to carry out its responsibilities under this paragraph through such other departments and agencies for such periods as the Board determines is appropriate. In carrying out its technical assistance responsibilities under this paragraph, the Board shall establish a procedure to insure separation of its compliance and technical assistance responsibilities under this section.". (d) Section 502(e) of the Rehabilitation Act of 1973 is amended by inserting " (1) " after the subsection designation and by adding at the end thereof the following new paragraphs: "(2) The Executive Director shall exercise general supervision over all personnel employed by the Board (other than hearing examiners and their assistants). The Executive Director shall have final authority on behalf of the Board, with respect to the investigation of alleged noncompliance in the issuance of formal complaints before the Board, and shall have such other duties as the Board may prescribe. "(3) For the purpose of this section, an order of compliance issued by a hearing examiner shall be deemed to be an order of the Board and shall be the final order for the purpose of judicial review.". (e) Section 502 of the Rehabilitation Act of 1973 is amended by striking out subsection (h) and inserting in lieu thereof the following new subsections: "(h)(1) Within one year following the enactment of this subsection, the Board shall submit to the President and the Congress a report

29 USC 792. 5 USC 701 et seq.

eivil action.

42 USC 4151 note.

Development of standards, consultation.

Report to President and Congress.

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