§ 794. — Nondiscrimination under Federal grants and programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC794]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER V--RIGHTS AND ADVOCACY
Sec. 794. Nondiscrimination under Federal grants and programs
(a) Promulgation of rules and regulations
No otherwise qualified individual with a disability in the United
States, as defined in section 705(20) of this title, shall, solely by
reason of her or his disability, be excluded from the participation in,
be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance or under any
program or activity conducted by any Executive agency or by the United
States Postal Service. The head of each such agency shall promulgate
such regulations as may be necessary to carry out the amendments to this
section made by the Rehabilitation, Comprehensive Services, and
Developmental Disabilities Act of 1978. Copies of any proposed
regulation shall be submitted to appropriate authorizing committees of
the Congress, and such regulation may take effect no earlier than the
thirtieth day after the date on which such regulation is so submitted to
such committees.
(b) ``Program or activity'' defined
For the purposes of this section, the term ``program or activity''
means all of the operations of--
(1)(A) a department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(B) the entity of such State or local government that
distributes such assistance and each such department or agency (and
each other State or local government entity) to which the assistance
is extended, in the case of assistance to a State or local
government;
(2)(A) a college, university, or other postsecondary
institution, or a public system of higher education; or
(B) a local educational agency (as defined in section 7801 of
title 20), system of vocational education, or other school system;
(3)(A) an entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(i) if assistance is extended to such corporation,
partnership, private organization, or sole proprietorship as a
whole; or
(ii) which is principally engaged in the business of
providing education, health care, housing, social services, or
parks and recreation; or
(B) the entire plant or other comparable, geographically
separate facility to which Federal financial assistance is extended,
in the case of any other corporation, partnership, private
organization, or sole proprietorship; or
(4) any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3);
any part of which is extended Federal financial assistance.
(c) Significant structural alterations by small providers
Small providers are not required by subsection (a) of this section
to make significant structural alterations to their existing facilities
for the purpose of assuring program accessibility, if alternative means
of providing the services are available. The terms used in this
subsection shall be construed with reference to the regulations existing
on March 22, 1988.
(d) Standards used in determining violation of section
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.
(Pub. L. 93-112, title V, Sec. 504, Sept. 26, 1973, 87 Stat. 394; Pub.
L. 95-602, title I, Secs. 119, 122(d)(2), Nov. 6, 1978, 92 Stat. 2982,
2987; Pub. L. 99-506, title I, Sec. 103(d)(2)(B), title X,
Sec. 1002(e)(4), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L. 100-259,
Sec. 4, Mar. 22, 1988, 102 Stat. 29; Pub. L. 100-630, title II,
Sec. 206(d), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102-569, title I,
Sec. 102(p)(32), title V, Sec. 506, Oct. 29, 1992, 106 Stat. 4360, 4428;
Pub. L. 103-382, title III, Sec. 394(i)(2), Oct. 20, 1994, 108 Stat.
4029; Pub. L. 105-220, title IV, Sec. 408(a)(3), Aug. 7, 1998, 112 Stat.
1203; Pub. L. 107-110, title X, Sec. 1076(u)(2), Jan. 8, 2002, 115 Stat.
2093.)
References in Text
The amendments to this section made by the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Act of 1978,
referred to in subsec. (a), mean the amendments made by Pub. L. 95-602.
See 1978 Amendments note below.
The Americans with Disabilities Act of 1990, referred to in subsec.
(d), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended. Title
I of the Act is classified generally to subchapter I (Sec. 12111 et
seq.) of chapter 126 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 12101 of Title 42 and Tables.
Amendments
2002--Subsec. (b)(2)(B). Pub. L. 107-110 substituted ``section 7801
of title 20'' for ``section 8801 of title 20''.
1998--Subsec. (a). Pub. L. 105-220 substituted ``section 705(20)''
for ``section 706(8)''.
1994--Subsec. (b)(2)(B). Pub. L. 103-382 substituted ``section 8801
of title 20'' for ``section 2891(12) of title 20''.
1992--Subsec. (a). Pub. L. 102-569, Sec. 102(p)(32), substituted ``a
disability'' for ``handicaps'' and ``disability'' for ``handicap'' in
first sentence.
Subsec. (d). Pub. L. 102-569, Sec. 506, added subsec. (d).
1988--Subsec. (a). Pub. L. 100-630, Sec. 206(d)(1), substituted
``her or his handicap'' for ``his handicap''.
Pub. L. 100-259, Sec. 4(1), designated existing provisions as
subsec. (a).
Subsec. (b). Pub. L. 100-259, Sec. 4(2), added subsec. (b).
Subsec. (b)(2)(B). Pub. L. 100-630, Sec. 206(d)(2), substituted
``section 2891(12) of title 20'' for ``section 2854(a)(10) of title
20''.
Subsec. (c). Pub. L. 100-259, Sec. 4(2), added subsec. (c).
1986--Pub. L. 99-506 substituted ``individual with handicaps'' for
``handicapped individual'' and ``section 706(8) of this title'' for
``section 706(7) of this title''.
1978--Pub. L. 95-602 substituted ``section 706(7) of this title''
for ``section 706(6) of this title'' and inserted provision prohibiting
discrimination under any program or activity conducted by any Executive
agency or by the United States Postal Service and requiring the heads of
these agencies to promulgate regulations prohibiting discrimination.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of Title 20, Education.
Exclusion From Coverage
Amendment by Pub. L. 100-259 not to be construed to extend
application of this chapter to ultimate beneficiaries of Federal
financial assistance excluded from coverage before Mar. 22, 1988, see
section 7 of Pub. L. 100-259, set out as a Construction note under
section 1687 of Title 20, Education.
Abortion Neutrality
Amendment by Pub. L. 100-259 not to be construed to force or require
any individual or hospital or any other institution, program, or
activity receiving Federal funds to perform or pay for an abortion, see
section 8 of Pub. L. 100-259, set out as a note under section 1688 of
Title 20, Education.
Construction of Prohibition Against Discrimination Under Federal Grants
Rights or protections of this section not affected by any provision
of Pub. L. 98-457, see section 127 of Pub. L. 98-457, set out as a note
under section 5101 of Title 42, The Public Health and Welfare.
Coordination of Implementation and Enforcement of Provisions
For provisions relating to the coordination of implementation and
enforcement of the provisions of this section by the Attorney General,
see section 1-201 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995,
set out as a note under section 2000d-1 of Title 42, The Public Health
and Welfare.
Executive Order No. 11914
Ex. Ord. No. 11914, Apr. 28, 1976, 41 F.R. 17871, which related to
nondiscrimination in federally assisted programs, was revoked by Ex.
Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under
section 2000d-1 of Title 42, The Public Health and Welfare.
Section Referred to in Other Sections
This section is referred to in sections 705, 721, 772, 794a, 794d,
2618, 2938, 3011 of this title; title 5 section 3102; title 7 section
2279d; title 12 section 1715z-1a; title 16 sections 410aaa-41, 410aaa-
52; title 20 sections 1140c, 1231e, 1232e, 2415, 7221i; title 25 section
2005; title 42 sections 290cc-33, 300w-7, 300x-57, 608, 708, 1437c-1,
1437aaa-1, 1437aaa-2, 1760, 1786, 2000d-7, 3608, 3796gg-7, 5057, 5309,
6727, 8625, 9849, 9918, 10406, 11386, 11394, 12134, 12142, 12143, 12144,
12146, 12147, 12148, 12162, 12635, 12832, 12872, 12873, 12892, 12893,
12899b, 12899c, 13603; title 49 section 5310.
