Page:United States Statutes at Large Volume 111 Part 1.djvu/71

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PUBLIC LAW 105-17^JUNE 4, 1997 111 STAT. 47 be the principal agency in such Department for administering and carrying out this Act and other programs and activities concerning the education of children with disabilities. "(b) DIRECTOR. — The Office established under subsection (a) shall be headed by a Director who shall be selected by the Secretary and shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services. "(c) VOLUNTARY AND UNCOMPENSATED SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the Secretary is authorized to accept voluntary and uncompensated services in furtherance of the purposes of this Act. "SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY. 20 USC 1403. "(a) IN GENERAL. —^A State shall not be immune under the eleventh amendment to the Constitution of the United States from suit in Federal court for a violation of this Act. "(b) REMEDIES. —In a suit against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as those remedies are available for such a violation in the suit against any public entity other than a State. "(c) EFFECTIVE DATE.—Subsections (a) and (b) apply with respect to violations that occur in whole or part after the date of the enactment of the Education of the Handicapped Act Amendments of 1990. "SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTER- 20 USC 1404. ATION OF FACILITIES. "(a) IN GENERAL.—I f the Secretary determines that a program authorized under this Act would be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary is authorized to allow the use of those funds for those purposes. "(b) COMPLIANCE WITH CERTAIN REGULATIONS. — Any construction of new facilities or alteration of existing facilities under subsection (a) shall comply with the requirements of— "(1) appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the 'Americans with Disabilities Accessibility Guidelines for Buildings and Facilities'); or "(2) appendix A of part 101-19.6 of title 41, Code of Federal Regulations (commonly known as the 'Uniform Federal Accessibility Standards'). "SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES. 20 USC 1405. "The Secretary shall ensure that each recipient of assistance under this Act makes positive efforts to employ and advance in employment qualified individuals with disabilities in programs assisted under this Act. "SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS. 20 USC 1406. "(a) PUBLIC COMMENT PERIOD. —The Secretary shall provide a public comment period of at least 90 days on any regulation proposed under part B or part C of this Act on which an opportunity for public comment is otherwise required by law. "(b) PROTECTIONS PROVIDED TO CHILDREN.— The Secretary may not implement, or publish in final form, any regulation prescribed pursuant to this Act that would procedurally or substantively lessen the protections provided to children with disabilities under this