Statement of Administration Policy: H.R. 1523 - Handicapped Children's Protection Act

(House)
(Williams (D) Montana and 67 others)

Although the Administration supports the award of attorneys' fees to prevailing parties in cases brought under the Education of the Handicapped Act, it strongly opposes enactment of H.R. 1523 as reported by the House Education and Labor Committee. The Administration urges that H.R. 1523 be removed from the suspension calendar and amended to delete Section 3(b).

Section 3(b), which would have the effect of codifying agency regulations in existence on July 4, 1984, implementing Section 504 of the Rehabilitation Act of 1973, is highly objectionable for two reasons. First, it would arbitrarily and unnecessarily restrict the Government in its implementation, administration, and enforcement of Section 504 of the Rehabilitation Act. By inflexibly binding Executive branch agencies to regulations in effect over a year ago, H.R. 1523 would limit the Government's ability to respond to changing circumstances and could be detrimental to the interests of handicapped persons, the principal beneficiaries of the Rehabilitation Act. Second, Section 3(b) is not germane to the primary purpose of H.R. 1523 — the award of attorneys' fees in actions brought under the Education of the Handicapped Act — and is not at all necessary.

The Departments of Justice and Education would not recommend Presidential approval of H.R. 1523 if it contains Section 3(b).