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Stevens, J., dissenting
would have it. The section's legislative history demonstrates Congress' intent.
Between the enactment of § 504 in 1973 and the passage of § 505(a)(2) in 1978,7 the Department of Health, Education, and Welfare promulgated model regulations for federal agencies to use in implementing the antidiscrimination principle announced in § 504. See 43 Fed. Reg. 2132 (1978).8 Because of the common understanding that § 504 was patterned on § 601 of Title VI, 42 U. S. C. § 2000d, and intended to be enforced in the same manner,9 the Department simply directed the agencies to follow the procedures they used to enforce Title VI. See 43 Fed. Reg. 2137, § 85.5 (1978). This directive resulted in uniform enforcement mechanisms for allegations of discrimination by federal grantees on the basis of handicap, race, color, or national origin.10 Moreover, it avoided needless duplication of effort. Section 601 is accompanied by additional provisions explaining Congress' in-7 The full text of § 505(a)(2) reads as follows: "The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 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 504 of this Act." 29 U. S. C. § 794a(a)(2).
8 The Department acted pursuant to a directive from President Ford. See Exec. Order No. 11914, "Nondiscrimination With Respect to the Handicapped in Federally Assisted Programs," issued on April 28, 1976; 41 Fed. Reg. 17871. Congress had encouraged the President to take this step. See Conference Report on 1974 Amendments, at 28 ("The Secretary of the Department of Health, Education, and Welfare, because of that Department's experience in dealing with handicapped persons and with the elimination of discrimination in other areas, should assume responsibility for coordinating the section 504 enforcement effort . . . . The conferees . . . urge . . . delegation of responsibility to the Secretary [through an Executive Order]").
9 See id., at 27 (the "language of section 504, in following [Title VI and Title IX], . . . envisions the implementation of a compliance program which is similar to those Acts").
10 Congress plainly intended this result. See ibid. ("This approach to implementation of section 504 . . . would . . . provide for administrative due process").
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