NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY CONDUCTED PROGRAMS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01332R000901070024-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 27, 2016
• Document Release Date: January 13, 2012
• Sequence Number: 24
• Publication Date: October 30, 1986
• Content Type: MEMO

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ROUTING AND TRANSMITTAL SUP . 12 NOV 86
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DO NOT use this form as a RECORD of approvals, concurrences, disposals.
clearancss, And similar actions
FROM: (Name, ors. symbol. Agency/Post)
/041-102 OFIIONM. FORM 41 (Rev. 7-76)
* U.s.O.P.O.: 1963; 421-529/320 =N16w, -il.'Oa
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EXECUTIVE SECRETARIAT
ROUTING SLIP
ACTION
INFO
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INITIAL
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Compt
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STAT
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Executive Secretary
7 NOV 86
Date
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Civil Rights Division
U.S. Department of Justice
IYt Re"'
86.5208x
IMrmingron, D.C. 20590
3 0 OCT 1986
TO: Heads of Executive Agencies
FROM: Wm. Bradford Reynolds ~
Assistant Attorney General
r
SUBJECT: Nondiscrimination on the Basis of Handicap
in Federally Conducted Programs
Enclosed for your information is a recently compiled
report describing the progress of over 90 Executive
agencies toward publishing regulations for the implementa-
tion of section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. ? 794, in federally conducted programs.
This report was filed on September 24, 1986, in Williams
v. United States, No. 80-5368 (C.D. Cal. filed Dec. 3,
1980), a lawsuit in which plaintiffs seek the expeditious
publication of these regulations. It is the first such
report to be filed with the court in nearly two years.
If your agency has not yet published a final
regulation, we wish to remind you of the court's continued
monitoring of your rulemaking efforts.
D jQ RE~~~UG~Y
r Q
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RICHARD K. WILLARD
1 Assistant Attorney General
ROBERT C. BONNER
United States Attorney
CAROLYN M. REYNOLDS
Assistant United States 'Attorney
312 N. Spring Street
Los Angeles, California 90012
BROOK HEDGE
THOMAS MILLET
THOMAS H. PEEBLES
Attorneys, Department of Justice
Room 3732
10th & Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Telephone: [phone]
ATTORNEYS FOR DEFENDANTS
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10 UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA
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GALE WILLIAMS, et al., )
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Plaintiffs,
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Civil Action No.
80-5368-WPG
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UNITED STATES OF AMERICA, )
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UNITED STATES POSTAL SERVICE, )
DEFENDANTS' TENTH STATUS
REPORT; DECLARATION OF
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Defendants.
STEWART ONEGLIA;
ATTACHMENT A
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Defendant United States of
America submits it tenth
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status report regarding promulgation of regulations
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implementing the 1978 amendment
to S 504 of the
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Rehabilitation, 29 U.S.C. S 794,
as amended. The attached
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declaration of Stewart Oneglia, Chief, Coordination and
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Review Section, Civil Rights Division and attachment A,
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RICHARD K. WILLARD
Assistant Attorney General
ROBERT C. BONNER
United States Attorney
Greek Media /TNP
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Report on Progress of Agency Rulemaking, describe the status
of defendant's further efforts to implement the statute.
Respectfully submitted,
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7Le..st *44, Ile f/ MIA
f.
. , (--
Attorneys, Department of Justice
Civil Division, Room 3732
10th & Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Telephone: [phone]
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RICHARD K. WILLARD
Assistant Attorney General
Li ROBERT C. BONNER
2 United States Attorney
CAROLYN M. REYNOLDS
3 Assistant United States Attorney
312 N. Spring Street
4 Los Angeles, California 90012
Ii BROOK HEDGE
5 THOMAS MILLET
THOMAS H. PEEBLES
Attorneys, Department of Justice
Room 3732
7 10th & Pennsylvania Avenue, N.W.
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Washington, D.C. 20530
Telephone: [phone]
ATTORNEYS FOR DEFENDANTS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
GALE WILLIAMS, et al.,
Plaintiffs,
v. ) Civil Action No.
80-5368-WPG
UNITED STATES OF AMERICA, )
UNITED STATES POSTAL SERVICE,
Defendants.
DECLARATION OF STEWART B. ONEGLIA
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RICHARD K. WILLARD
Assistant Attorney General
ROBERT C. BONNER
United States Attorney
CAROLYN M. REYNOLDS
Assistant United States Attorney
312 N. Spring Street
Los Angeles, California 90012
BROOK HEDGE
M. SUSAN CARLSON
THOMAS MILLET
THOMAS H. PEEBLES
Attorneys, Department of Justice
Room 3732
10th & Pennsylvania Ave., N.W.
Washington, D.C. 20530
Telephone: [phone]
ATTORNEYS FOR DEFENDANTS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
GALE WILLIAMS, et al., )
Plaintiffs, ) CIVIL ACTION NO.
80-5368-WPG (GX)
v.
UNITED STATES OF AMERICA, ) DECLARATION OF
UNITED STATES POSTAL SERVICE, ) STEWART B. ONEGLIA
Defendants.
1. I, Stewart B. Oneglia, am Chief of the Coordination
and Review Section of the Civil Rights Division of the
United States Department of Justice. One of my
responsibilities as Chief of the Coordination and Review
Section is to supervise my Section's efforts pursuant to
Executive Order 12250, 3 C.F.R. 298 (1981), reprinted in
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42 U.S.C. S 2000d-1 note, at 23-24 (1982), to coordinate
2 the implementation and enforcement of various civil
3 rights_laws, including section 504 of the Rehabilitation
4 Act of 1973, as amended, 29 U.S.C. S 794. The purpose of
this Declaration is to inform the Court of the progress
we have made towards implementing the 1978 amendment to
section 504, which governs programs and activities conducted
by Executive agencies, since my previous Declaration
filed on September 15, 1984. In addition, we have prepared
a report outlining the status of agency rulemaking. It
is attached hereto as Attachment A.
2. Since September 15, 1984, forty-two agencies
have published final rules. Eighteen of these agencies
published jointly on February 5, 1986. See Attachment A,
15 para. 2(b). Another 21 agencies published jointly on
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June 23, 1986. See id., para. 2(c). These joint
publications were coordinated by the Civil Rights Division
in cooperation with the Federal Register. The other
three agencies -- the Federal Reserve System, the Selective
Service System, and the Federal Deposit Insurance
Corporation -- published on May 2, 1985, August 30, 1985,
and March 20, 1986, respectively. See id., para. 2(a).
3. Since September 15, 1984, nine agencies have
published proposed rules -- Department of Commerce (Nov. 21,
FUKM Oi D-lt:
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1 1984), Architectural and Transportation Barriers Compliance
2 Board (March 11, 1985), Environmental Protection Agency
3 (May 6, 1985), Department of Labor (July 2, 1985), Federal
4 Trade Commission (Aug. 12, 1985), Federal Communications
5 Commission (Aug. 30, 1985), Department of Interior
6 (Sept. 11, 1985), Farm Credit Administration (Dec. 18,
1985), Panama Canal Commission (June 11, 1986). See
Attachment A, paras. 3, 4.
9 4. The Coordination and Review Section, in cooperation
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with the Federal Register, is organizing another joint
publication of proposed rules. Currently, eight agencies
have indicated an interest in participating. See Attachment
A, para. 7.
I declare under penalty of perjury that to the
best of my knowledge the foregoing is trte'and correct
Dated:
(I
Stewart B. Oneglia;- hief
Coordination and Review
Section
Civil Rights Division
U.S. Department of Justice
FOR? OBD-183
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RICHARD K. WILLARD
Assistant Attorney General
ROBERT C. BONNER
United States Attorney
CAROLYN M. REYNOLDS
Assistant United States Attorney
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312 N. Spring Street
Los Angeles, California 90012
5
BROOK HEDGE
THOMAS MILLET
THOMAS H. PEEBLES
Attorneys, Department of Justice
Room 3732
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10th & Pennsylvania Avenue, N.W.
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Washington, D.C. 20530
Telephone: [phone]
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ATTORNEYS FOR DEFENDANTS
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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GALE WILLIAMS, et al., )
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Plaintiffs,
v. )
Civil Action No.
80-5368-WPG
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UNITED STATES OF AMERICA,
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UNITED STATES POSTAL SERVICE, )
Defendants.
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ATTACHMENT A TO DECLARATION OF STEWART B. ONEGLIA
REPORT ON PROGRESS OF AGENCY RULEMAKING
I URN OBD-18?
MAR 81
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RICHARD K. WILLARD
2 Assistant Attorney General
ROBERT C. BONNER
3 United States Attorney
CAROLYN M. REYNOLDS
4 Assistant United States Attorney
312 N. Spring Street
5 Los Angeles, California 90012
BROOK HEDGE
6 M. SUSAN CARLSON
THOMAS MILLET
7 THOMAS H. PEEBLES
Attorneys, Department of Justice
8 Room 3732
10th & Pennsylvania Ave., N.W.
9 Washington, D.C. 20530
Telephone: [phone]
10 ATTORNEYS FOR DEFENDANTS
11 UNITED STATES DISTRICT COURT
12 CENTRAL DISTRICT OF CALIFORNIA
GALE WILLIAMS, et al.,
Plaintiffs, ) CIVIL ACTION NO.
v.
UNITED STATES OF AMERICA, ) REPORT ON PROGRESS OF
UNITED STATES POSTAL SERVICE, ) AGENCY RULEMAKING
Defendants. )
1. The following paragraphs describe the progress
of agencies toward promulgation of section 504 regulations
for federally conducted programs.
2. Forty-six agencies published final regulations.
fOR., OBU ib.
\taR Xz
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a. Seven agencies individually published
final regulations:
*Department of Agriculture, 7 C.F.R. SS 15.50-.52
Department of Defense, 32 C.F.R. pt. 56
Department of Justice, 28 C.F.R. pt. 39
Federal Deposit Insurance Corporation, 51 Fed.
Reg. 9,638 (1986)
Federal Election Commission, 49 Fed. Reg. 33,206
(1984)
Federal Reserve System, 50 Fed. Reg. 18,768 (1985)
Selective Service System, 50 Fed. Reg. 35,219
(1985)
b. Eighteen agencies jointly published final
regulations at 51 Red. Reg. 4566 (1986):
Administrative Conference of the United
States
Advisory Commission on Intergovernmental
Relations
Advisory Committee on Federal Pay
American Battle Monuments Commission
Board for International Broadcasting
Consumer Product Safety Commission
Department of Energy
Export-Import Bank
Institute of Museum Services
The Department of Agriculture is also preparing a new
individual draft proposed regulation. See infra para. 8.
FORM UHU ie?
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International Boundary and Water Commission,
United States and Mexico -- United States
Section
International Development Cooperation Agency,
Agency for International Development
Marine mammal Commission
National Commission on Libraries and
Information Science
National Endowment for the Humanities
National Transportation Safety Board
Office of the Federal Inspector, Alaska
Natural Gas Transportation System
United States Arms Control and Disarmament
Agency
United States International Trade Commission
c. Twenty-one agencies jointly published final
regulations at 51 Fed. Reg. 22,880:
Advisory Council on Historic Preservation
Commission of Fine Arts
Committee for Purchase from the Blind and
Other Severely Handicapped
Commodity Futures Trading Commission
Department of State
Federal Maritime Commission
Federal Mine Safety and Health Review
Commission
Inter-American Foundation
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Interstate Commerce Commission
Japan-United States Friendship Commission
National Capital Planning Commission
National Commission for Employment Policy
National Credit Union Administration
National Endowment for the Arts
Navajo and Hopi Indian Relocation
Commission
Nuclear Regulatory Commission
Occupational Safety and Health Review
Commission
Pennsylvania Avenue Development Corporation
Pension Benefit Guaranty Corporation
Tennessee Valley Authority
United States Information Agency
3. Six agencies published proposed regulations
and submitted draft final regulations to the Department
of Justice for comments.
Architectural and Transportation Barriers
Compliance Board, 50 Fed. Reg. 9,686 (1985)
Department of Commerce, 49 Fed. Reg. 45,861
(1984)
Department of Interior, 50 Fed. Reg. 37,006
(1985)
Department of Labor, 50 Fed. Reg. 27,298 (1985)
Federal Trade Commission, 50 Fed. Reg. 32,443
(1985)
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Small Business Administration, 49 Fed. Reg.
27,164 (1984)
4. Five other agencies published proposed regulations:
Environmental Protection Agency, 50 Fed.
Reg. 19,136 (1985)
Farm Credit Administration, 50 Fed. Reg.
51,540 (1985)
Federal Communications Commission, 50 Fed.
Reg. 35,262 (1985)
**General Services Administration, 49 Fed.
Reg. 34,132 (1984)
Panama Canal Commission, 51 Fed. Reg. 21,314
(1986)
5. The following agencies have draft proposed regula-
tions under review by the Department of Justice:
Department of Housing and Urban Development
Department of Transportation
Equal Employment Opportunity Commission (2d
submission)
Federal Home Loan Bank Board
Federal Mediation and Concilitation Service
Merit Systems Protection Board (2d submission)
*/ Since publishing a proposed regulation jointly with 20
other agencies, the General Services Administration
submitted a new individual draft proposed regulation
to the Department of Justice and received comments.
See infra para. 6.
FORA (BL)- ?
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National Science Foundation (3d submission)
Veterans Administration (2d submission)
6. The following agencies are reviewing comments
received from the Department of Justice on their draft
regulations:
Central Intelligence Agency
Commission on Civil Rights
Department of Health and Human Services
Department of the Treasury
***Executive office of the President
General Services Administration (see supra
para. 4)
Harry S. Truman Scholarship Foundation (2d
set of comments)
National Aeronautics and Space Administration
(2d set of comments)
Railroad Retirement Board (2d set of comments)
7. The following agencies indicated interest in
participating in the next joint publication of proposed
rules:
The Executive Office of the President submitted a
draft regulation covering the following agencies
included in previous reports: Council of Economic
Advisors, Council on Environmental Quality, National
Security Council, Office of Administration, Office of
Management and Budget, Office of Science and Technology
Policy, Office of the United States Trade Representative.
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African Development Foundation
Federal Emergency Management Agency
Federal Labor Relations Authority
National Archives and Records Administration
National Labor Relations Board
Office of Personnel Management
Office of Special Counsel
Securities and Exchange Commission
8. The following agencies are in the process of
developing an individual proposed regulation but have not
yet submitted a draft to the Department of Justice:
Department of Agriculture (see supra para. 2(a))
Department of Education
National Council on the Handicapped
National Mediation Board
Peace Corps
F(1WM U8l)-IM3
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CERTIFICATE OF SERVICE
It Thomas H. Peebles, hereby certify that on September
24, 1986, I served Defendants' Tenth Status Report,
Declaration of Stewart Oneglia, and Attachment A thereto,
Report on Progress of Agency Rulemaking, by causing one (1)
copy of each to be mailed, first class, postage prepaid, to
the following counsel:
Stanley Fleishman, Esq.
2049 Century Park East
Suite 3160
Los Angeles, California 90067
Rodney R. Jones, Esq.
Paul L. Hoffman, Esq.
Law and Institute for the
Disabled and Elderly
Southwestern University School
of Law Clinic
675 South Westmoreland Avenue
Los Angeles, California 90005
Joseph Lawrence, Esq.
2031 Kelton Avenue
Los Angeles, California 90025
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FORM OBD?Nl
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