Page:United States Statutes at Large Volume 94 Part 3.djvu/396

 94 STAT. 3040 Travel expenses.

Payment limitation.

5 USC 8101 et seq.

PUBLIC LAW 96-523—DEC. 12, 1980

"(d)(1) In the case of any handicapped employee (including a blind or deaf employee) traveling on official business, the head of the agency may authorize the payment to an individual to accompany or assist (or both) the handicapped employee for all or a portion of the travel period involved. Any payment under this subsection to such an individual may be made either directly to that individual or by advancement or reimbursement to the handicapped employee. "(2) With respect to any individual paid to accompany or assist a handicapped employee under paragraph (1) of this subsection— "(A) the amount paid to that individual shall not exceed the limit or limits which the Office of Personnel Management shall prescribe by regulation to ensure that the payment does not exceed amounts (including pay and, if appropriate, travel expenses and per diem allowances) which could be paid to an employee assigned to accompany or assist the handicapped employee; and (B) that individual shall be considered an employee, but only for purposes of chapter 81 of this title (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims). "(e) This section may not be held or considered to prevent or limit in any way the assignment to a handicapped employee (including a blind or deaf employee) by an agency of clerical or secretarial assistance, at the expense of the agency under statutes and regulations currently applicable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations.". (b) The item relating to section 3102 in the analysis of chapter 31 of title 5, United States Code, is amended to read as follows: "3102. Employment of personal assistants for handicapped employees, including blind and deaf employees.".

Ante, p. 3039.

29 USC 791. Ante, p. 3039.

Effective date. 5 USC 3102 note.

(c)(1) Section 604(a)(16)(A) of title 28, United States Code, is amended by striking out "3102" and inserting in lieu thereof "3102(b)". (2) Section 410(b)(1) of title 39, United States Code, is amended by striking out "3102 (employment of reading assistants for blind employees and interpreting assistants for deaf employees)," and inserting in lieu thereof section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees),". SEC. 2. Section 7(d)(1) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by striking out "and" at the end of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting "; and" in lieu thereof, and by adding at the end thereof the following new subparagraph: "(C) such members— "(i) who are blind or deaf or who otherwise qualify as handicapped individuals (within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 794)), and "(ii) who do not otherwise qualify for assistance under section 3102 of title 5, United States Code, by reason of being an employee of an agency (within the meaning of section 3102(a)(1) of such title 5), may be provided services pursuant to section 3102 of such title 5 while in performance of their advisory committee duties.". SEC. 3. The amendments made by this Act shall take effect sixty days after the date of the enactment of this Act. SEC. 4. (a) Section 8332 of title 5, United States Code, is amended by adding at the end thereof the following new subsection:

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