From the U.S. Code Online via GPO Access
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[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.


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