§ 794b TITLE 29—LABOR Page 290

action on such complaint. In fashioning an equitable or affirmative action remedy under such

section, a court may take into account the reasonableness of the cost of any necessary work

place accommodation, and the availability of alternatives therefor or other appropriate relief in

order to achieve an equitable and appropriate

remedy.

(2) The remedies, procedures, and rights set

forth in title VI of the Civil Rights Act of 1964

[42 U.S.C. 2000d et seq.] shall be available to any

person aggrieved by any act or failure to act by

any recipient of Federal assistance or Federal

provider of such assistance under section 794 of

this title.

(b) In any action or proceeding to enforce or

charge a violation of a provision of this subchapter, the court, in its discretion, may allow

the prevailing party, other than the United

States, a reasonable attorney’s fee as part of the

costs.

(Pub. L. 93–112, title V, §505, as added Pub. L.

95–602, title I, §120(a), Nov. 6, 1978, 92 Stat. 2982.)

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec.

(a)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as

amended. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see

Short Title note set out under section 2000a of Title 42

and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1311; title

3 section 411; title 22 section 3905; title 42 sections 1981a,

10406, 12133.

§ 794b. Removal of architectural, transportation,

or communication barriers; technical and financial assistance; compensation of experts

or consultants; authorization of appropriations

(a) The Secretary may provide directly or by

contract with State vocational rehabilitation

agencies or experts or consultants or groups

thereof, technical assistance—

(1) to persons operating community rehabilitation programs; and

(2) with the concurrence of the Access Board

established by section 792 of this title, to any

public or nonprofit agency, institution, or organization;

for the purpose of assisting such persons or entities in removing architectural, transportation,

or communication barriers. Any concurrence of

the Access Board under this paragraph shall reflect its consideration of the cost studies carried

out by States under section 792(c)(1) of this title.

(b) Any such experts or consultants, while

serving pursuant to such contracts, shall be entitled to receive compensation at rates fixed by

the Secretary, but not exceeding the daily

equivalent of the rate of pay for level 4 of the

Senior Executive Service Schedule under section 5382 of title 5, including travel time, and

while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5

for persons in the Government service employed

intermittently.

(c) The Secretary, with the concurrence of the

Access Board and the President, may provide,

directly or by contract, financial assistance to

any public or nonprofit agency, institution, or

organization for the purpose of removing architectural, transportation, and communication

barriers. No assistance may be provided under

this paragraph until a study demonstrating the

need for such assistance has been conducted and

submitted under section 792(h)(1) of this title.

(d) In order to carry out this section, there are

authorized to be appropriated such sums as may

be necessary.

(Pub. L. 93–112, title V, §506, as added Pub. L.

95–602, title I, §120(a), Nov. 6, 1978, 92 Stat. 2983;

amended Pub. L. 100–630, title II, §206(e), Nov. 7,

1988, 102 Stat. 3312; Pub. L. 102–569, title V, §507,

Oct. 29, 1992, 106 Stat. 4428.)

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–569, §507(a), (b), substituted ‘‘community rehabilitation programs’’ for ‘‘rehabilitation facilities’’ in par. (1) and inserted ‘‘Access’’

before ‘‘Board’’ in par. (2) and concluding provisions.

Subsec. (b). Pub. L. 102–569, §507(c), substituted ‘‘the

rate of pay for level 4 of the Senior Executive Service

Schedule under section 5382’’ for ‘‘the rate of basic pay

payable for grade GS–18 of the General Schedule, under

section 5332’’.

Subsec. (c). Pub. L. 102–569, §507(a), (d), inserted ‘‘Access’’ before ‘‘Board’’ and substituted ‘‘792(h)(1)’’ for

‘‘792(h)(2)’’.

1988—Subsec. (a). Pub. L. 100–630, §206(e)(1), (2), redesignated former par. (1) as subsec. (a) and former subpars. (A) and (B) as pars. (1) and (2), respectively.

Subsec. (b). Pub. L. 100–630, §206(e)(1), (3), redesignated former par. (2) as subsec. (b) and substituted

‘‘travel time’’ for ‘‘traveltime’’.

Subsec. (c). Pub. L. 100–630, §206(e)(1), (4), redesignated former par. (3) as subsec. (c) and inserted a

comma after ‘‘the President’’.

Subsec. (d). Pub. L. 100–630, §206(e)(1), redesignated

former par. (4) as subsec. (d).

§ 794c. Interagency Disability Coordinating

Council

(a) Establishment

There is hereby established an Interagency

Disability Coordinating Council (hereafter in

this section referred to as the ‘‘Council’’) composed of the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Housing and

Urban Development, the Secretary of Transportation, the Assistant Secretary of the Interior

for Indian Affairs, the Attorney General, the Director of the Office of Personnel Management,

the Chairperson of the Equal Employment Opportunity Commission, the Chairperson of the

Architectural and Transportation Barriers Compliance Board, and such other officials as may

be designated by the President.

(b) Duties

The Council shall—

(1) have the responsibility for developing and

implementing agreements, policies, and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition,

duplication, and inconsistencies among the operations, functions, and jurisdictions of the