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U.S. Code as of:
01/19/04
Section 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.
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