Page:United States Statutes at Large Volume 106 Part 5.djvu/790

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106 STAT. 4428 PUBLIC LAW 102-569—OCT. 29, 1992 (b) WAIVER.— Section 503(c) (29 U.S.C. 793(c)) is amended— (1) by inserting "(ir after "(c)"; and (2) ^ adding at the end the following: 'X2XA) The Secretary of Labor may waive the requirements of the afSrmative action clause required by regulations promulgated under subsection (a) with respect to any of a prime contractor's or subcontractor's facilities that are found to be in all respects separate and distinct from activities of the prime contractor or subcontractor related to the performance of the contract or subcontract, if the Secret€ury of Labor also finds that such a waiver will not interfere with or impede the effectuation of this Act. "(B) Such waivers shall be considered only upon the request Regulations. of the contractor or subcontractor. The Secretary of Labor shall promulgate regulations that set forth the standards used for granting such a waiver.". (c) STANDARDS AND PROCEDURES.—Section 503 (29 U.S.C. 793) is amended by adding at the end the following: "(d) The standards used to determine whether this section has been violated in a complaint alleging nonciSirmative action employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate to employment. "(e) The Secretary shall develop procedures to ensure that administrative complaints filed under this section and under the Americans with Disabilities Act of 1990 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this section and the Americans with Disabilities Act of 1990.". SEC. S06. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PRO- GRAMS. Section 504 (29 U.S.C. 794) is amended by adding at the end the following new subsection: "(d) The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201- 12204 and 12210), as such sections relate to employment.". SEC. 507. SECRETARIAL RESPONSIBILITIES. (a) ACCESS. —Subsections (a) and (c) of section 506 (29 U.S.C. 794b) are amended by inserting "Access" before '^oard" each place the term appears. (b) COMMUNITY REHABILITATION PROGRAMS.— Section 506(a)(l) (29 U.S.C. 794b(a)(l)) is amended by striking "rehabilitation facilities" and inserting "community rehabilitation programs". (c) COMPENSATION. — Section 506(b) (29 U.S.C. 794b(b)) is amended by striking "the rate of basic pay payable for grade GS- 18 of the General Schedule, under section 5332" and inserting "the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382".