---
kind: "range"
citation: "29 U.S.C. §§ 791–794d"
title: "29"
from: "791"
to: "794d"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/29/791..794d"
---

# §791. Employment of individuals with disabilities

- (a) **Interagency Committee on Employees who are Individuals with Disabilities; establishment; membership; co-chairmen; availability of other Committee resources; purpose and functions—** There is established within the Federal Government an Interagency Committee on Employees who are [Individuals with Disabilities](/usc/29/705.md?p=20-G) (hereinafter in this section referred to as the “Committee”), comprised of such members as the President may select, including the following (or their designees whose positions are Executive Level IV or higher): the Chairman of the Equal Employment Opportunity Commission (hereafter in this section referred to as the “Commission”), the Director of the Office of Personnel Management, the [Secretary](/usc/29/705.md?p=33) of Veterans Affairs, the [Secretary](/usc/29/705.md?p=33) of Labor, the [Secretary](/usc/29/705.md?p=33) of Education, and the [Secretary](/usc/29/705.md?p=33) of Health and Human Services. Either the Director of the Office of Personnel Management and the Chairman of the Commission shall serve as co-chairpersons of the Committee or the Director or Chairman shall serve as the sole chairperson of the Committee, as the Director and Chairman jointly determine, from time to time, to be appropriate. The resources of the President’s [Disability](/usc/29/705.md?p=9) Employment Partnership Board and the President’s Committee for People with Intellectual [Disabilities](/usc/29/705.md?p=9) shall be made fully available to the Committee. It shall be the purpose and function of the Committee (1) to provide a focus for Federal and other employment of [individuals with disabilities](/usc/29/705.md?p=20-G), and to review, on a periodic basis, in cooperation with the Commission, the adequacy of hiring, [placement](/usc/29/1191b.md?p=d-4), and advancement practices with respect to [individuals with disabilities](/usc/29/705.md?p=20-G), by each department, agency, and instrumentality in the executive branch of Government and the Smithsonian Institution, and to insure that the special needs of such [individuals](/usc/29/705.md?p=22) are being met; and (2) to consult with the Commission to assist the Commission to carry out its responsibilities under subsections [(b)](#b), [(c)](#c), and [(d)](#d) of this section. On the basis of such review and consultation, the Committee shall periodically make to the Commission such recommendations for legislative and administrative changes as it deems necessary or desirable. The Commission shall timely transmit to the appropriate committees of Congress any such recommendations.
- (b) **Federal agencies; affirmative action program plans—** Each department, agency, and instrumentality (including the United States Postal Service and the Postal Regulatory Commission) in the executive branch and the Smithsonian Institution shall, within one hundred and eighty days after September 26, 1973, submit to the Commission and to the Committee an affirmative action program plan for the hiring, [placement](/usc/29/1191b.md?p=d-4), and advancement of [individuals with disabilities](/usc/29/705.md?p=20-G) in such department, agency, instrumentality, or Institution. Such plan shall include a description of the extent to which and methods whereby the special needs of employees who are [individuals with disabilities](/usc/29/705.md?p=20-G) are being met. Such plan shall be updated annually, and shall be reviewed annually and approved by the Commission, if the Commission determines, after consultation with the Committee, that such plan provides sufficient assurances, procedures and commitments to provide adequate hiring, [placement](/usc/29/1191b.md?p=d-4), and advancement opportunities for [individuals with disabilities](/usc/29/705.md?p=20-G).
- (c) **State agencies; rehabilitated individuals, employment—** The Commission, after consultation with the Committee, shall develop and recommend to the [Secretary](/usc/29/705.md?p=33) for referral to the appropriate [State agencies](/usc/29/49a.md?p=7), policies and procedures which will facilitate the hiring, [placement](/usc/29/1191b.md?p=d-4), and advancement in employment of [individuals](/usc/29/705.md?p=22) who have received rehabilitation services under [State](/usc/29/705.md?p=34) vocational rehabilitation programs, veterans’ programs, or any other program for [individuals with disabilities](/usc/29/705.md?p=20-G), including the promotion of job opportunities for such [individuals](/usc/29/705.md?p=22). The [Secretary](/usc/29/705.md?p=33) shall encourage such [State agencies](/usc/29/49a.md?p=7) to adopt and implement such policies and procedures.
- (d) **Report to Congressional committees—** The Commission, after consultation with the Committee, shall, on June 30, 1974, and at the end of each subsequent fiscal year, make a complete report to the appropriate committees of the Congress with respect to the practices of and achievements in hiring, [placement](/usc/29/1191b.md?p=d-4), and advancement of [individuals with disabilities](/usc/29/705.md?p=20-G) by each department, agency, and instrumentality and the Smithsonian Institution and the effectiveness of the affirmative action programs required by [subsection (b)](#b) of this section, together with recommendations as to legislation which have been submitted to the Commission under [subsection (a)](#a) of this section, or other appropriate action to insure the adequacy of such practices. Such report shall also include an evaluation by the Committee of the effectiveness of the activities of the Commission under subsections [(b)](#b) and [(c)](#c) of this section.
- (e) **Federal work experience without pay; non-Federal status—** An [individual](/usc/29/705.md?p=22) who, as a part of an individualized plan for employment under a [State plan](/usc/29/3102.md?p=58) approved under this chapter, participates in a program of unpaid work experience in a Federal agency, shall not, by reason thereof, be considered to be a Federal employee or to be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.
- (f) **Standards used in determining violation of section—** The standards used to determine whether this section has been violated in a complaint alleging nonaffirmative action 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](/usc/42/12111.md) et seq.) and the provisions of sections 501 through 504, and 510,[^1] of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12201–122](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s12201–122))04 and 12210), as such sections relate to employment.

# §792. Architectural and Transportation Barriers Compliance Board

- (a) **Establishment; membership; chairperson; vice-chairperson; term of office; termination of membership; reappointment; compensation and travel expenses; bylaws; quorum requirements—**
  - (1) There is established within the Federal Government the Architectural and Transportation Barriers Compliance Board (hereinafter referred to as the “Access Board”) which shall be composed as follows:
    - (A) Thirteen members shall be appointed by the President from among members of the general public of whom at least a majority shall be [individuals with disabilities](/usc/29/705.md?p=20-G).
    - (B) The remaining members shall be the heads of each of the following departments or agencies (or their designees whose positions are executive level IV or higher):
      - (i) Department of Health and Human Services.
      - (ii) Department of Transportation.
      - (iii) Department of Housing and Urban Development.
      - (iv) Department of Labor.
      - (v) Department of the Interior.
      - (vi) Department of Defense.
      - (vii) Department of Justice.
      - (viii) General Services Administration.
      - (ix) Department of Veterans Affairs.
      - (x) United States Postal Service.
      - (xi) Department of Education.
      - (xii) Department of [Commerce](/usc/29/2001.md?p=1).

    The chairperson and vice-chairperson of the Access Board shall be elected by majority vote of the members of the Access Board to serve for terms of one year. When the chairperson is a member of the general public, the vice-chairperson shall be a Federal official; and when the chairperson is a Federal official, the vice-chairperson shall be a member of the general public. Upon the expiration of the term as chairperson of a member who is a Federal official, the subsequent chairperson shall be a member of the general public; and vice versa.

  - (2)
    - (A)
      - (i) The term of office of each appointed member of the Access Board shall be 4 years, except as provided in [clause (ii)](#a-2-A-ii). Each year, the terms of office of at least three appointed members of the board[^1] shall expire.
      - (ii)
        - (I) One member appointed for a term beginning December 4, 1992 shall serve for a term of 3 years.
        - (II) One member appointed for a term beginning December 4, 1993 shall serve for a term of 2 years.
        - (III) One member appointed for a term beginning December 4, 1994 shall serve for a term of 1 year.
        - (IV) Members appointed for terms beginning before December 4, 1992 shall serve for terms of 3 years.
    - (B) A member whose term has expired may continue to serve until a [successor](/usc/29/1301.md?p=a-14-C-ii-IV) has been appointed.
    - (C) A member appointed to fill a vacancy shall serve for the remainder of the term to which that member’s predecessor was appointed.
  - (3) If any appointed member of the Access Board becomes a Federal employee, such member may continue as a member of the Access Board for not longer than the sixty-day period beginning on the date the member becomes a Federal employee.
  - (4) No [individual](/usc/29/705.md?p=22) appointed under paragraph (1)(A) of this subsection who has served as a member of the Access Board may be reappointed to the Access Board more than once unless such [individual](/usc/29/705.md?p=22) has not served on the Access Board for a period of two years prior to the effective date of such [individual](/usc/29/705.md?p=22)’s appointment.
  - (5)
    - (A) Members of the Access Board who are not regular full-time employees of the United States shall, while serving on the business of the Access Board, be entitled to receive compensation at rates fixed by the President, but not to exceed the daily equivalent of the rate of pay for level IV of the Executive Schedule under [section 5315 of title 5](/usc/5/5315.md), including travel time, for each day they are engaged in the performance of their duties as members of the Access Board; and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section.
    - (B) Members of the Access Board who are employed by the Federal Government shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section.
  - (6)
    - (A) The Access Board shall establish such bylaws and other rules as may be appropriate to enable the Access Board to carry out its functions under this chapter.
    - (B) The bylaws shall include quorum requirements. The quorum requirements shall provide that (i) a proxy may not be counted for purposes of establishing a quorum, and (ii) not less than half the members required for a quorum shall be members of the general public appointed under [paragraph (1)(A)](#a-1-A).
- (b) **Functions—** It shall be the function of the Access Board to—
  - (1) ensure compliance with the standards prescribed pursuant to the Act entitled “An Act to ensure that certain buildings financed with Federal [funds](/usc/29/1301.md?p=a-5) are so designed and constructed as to be accessible to the physically handicapped”, approved August 12, 1968 (commonly known as the Architectural Barriers Act of 1968; [42 U.S.C. 4151](/usc/42/4151.md) et seq.) (including the application of such Act to the United States Postal Service), including enforcing all standards under such Act, and ensuring that all waivers and modifications to the standards are based on findings of fact and are not inconsistent with the provisions of this section;
  - (2) develop advisory information for, and provide appropriate technical assistance to, [individuals](/usc/29/705.md?p=22) or entities with rights or duties under regulations prescribed pursuant to this subchapter or titles II and III of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12131](/usc/42/12131.md) et seq. and 12181 et seq.) with respect to overcoming architectural, transportation, and communication barriers;
  - (3) establish and maintain—
    - (A) minimum guidelines and requirements for the standards issued pursuant to the Act commonly known as the Architectural Barriers Act of 1968;
    - (B) minimum guidelines and requirements for the standards issued pursuant to titles II and III of the Americans with Disabilities Act of 1990;
    - (C) guidelines for accessibility of telecommunications equipment and customer premises equipment under [section 255 of title 47](/usc/47/255.md); and
    - (D) standards for accessible electronic and information technology under [section 794d of this title](/usc/29/794d.md);
  - (4) promote accessibility throughout all segments of society;
  - (5) investigate and examine alternative approaches to the architectural, transportation, communication, and attitudinal barriers confronting [individuals with disabilities](/usc/29/705.md?p=20-G), particularly with respect to telecommunications devices, public buildings and monuments, parks and parklands, public transportation (including air, water, and surface transportation, whether interstate, foreign, intrastate, or local), and residential and institutional housing;
  - (6) determine what measures are being taken by Federal, [State](/usc/29/705.md?p=34), and local governments and by other [public or nonprofit](/usc/29/705.md?p=31) agencies to eliminate the barriers described in [paragraph (5)](#b-5);
  - (7) promote the use of the International Accessibility Symbol in all public facilities that are in compliance with the standards prescribed by the [Administrator](/usc/29/1301.md?p=a-1) of General Services, the [Secretary](/usc/29/705.md?p=33) of Defense, and the [Secretary](/usc/29/705.md?p=33) of Housing and Urban Development pursuant to the Act commonly known as the Architectural Barriers Act of 1968;
  - (8) make to the President and to the Congress reports that shall describe in detail the results of its investigations under paragraphs [(5)](#b-5) and [(6)](#b-6);
  - (9) make to the President and to the Congress such recommendations for legislative and administrative changes as the Access Board determines to be necessary or desirable to eliminate the barriers described in [paragraph (5)](#b-5);
  - (10) ensure that public conveyances, including rolling stock, are readily accessible to, and usable by, [individuals](/usc/29/705.md?p=22) with physical [disabilities](/usc/29/705.md?p=9); and
  - (11) carry out the responsibilities specified for the Access Board in [section 794d of this title](/usc/29/794d.md).
- (c) **Additional functions; transportation barriers and housing needs; transportation and housing plans and proposals—** The Access Board shall also (1)(A) determine how and to what extent transportation barriers impede the mobility of [individuals with disabilities](/usc/29/705.md?p=20-G) and aged [individuals with disabilities](/usc/29/705.md?p=20-G) and consider ways in which travel expenses in connection with transportation to and from work for [individuals with disabilities](/usc/29/705.md?p=20-G) can be met or subsidized when such [individuals](/usc/29/705.md?p=22) are unable to use mass transit systems or need special equipment in private transportation, and (B) consider the housing needs of [individuals with disabilities](/usc/29/705.md?p=20-G); (2) determine what measures are being taken, especially by public and other [nonprofit](/usc/29/705.md?p=26) agencies and groups having an interest in and a capacity to deal with such problems, (A) to eliminate barriers from public transportation systems (including vehicles used in such systems), and to prevent their incorporation in new or expanded transportation systems, and (B) to make housing available and accessible to [individuals with disabilities](/usc/29/705.md?p=20-G) or to meet sheltered housing needs; and (3) prepare plans and proposals for such further actions as may be necessary to the goals of adequate transportation and housing for [individuals with disabilities](/usc/29/705.md?p=20-G), including proposals for bringing together in a cooperative effort, agencies, organizations, and groups already working toward such goals or whose cooperation is essential to effective and comprehensive action.
- (d) **Electronic and information technology accessibility training—** Beginning in fiscal year 2000, the Access Board, after consultation with the [Secretary](/usc/29/705.md?p=33), [representatives](/usc/29/2101.md?p=a-4) of such public and private entities as the Access Board determines to be appropriate (including the electronic and information technology industry), targeted [individuals](/usc/29/705.md?p=22) and entities (as defined in [section 3002 of this title](/usc/29/3002.md)), and [State](/usc/29/705.md?p=34) information technology officers, shall provide training for Federal and [State](/usc/29/705.md?p=34) employees on any obligations related to [section 794d of this title](/usc/29/794d.md).
- (e) **Investigations; hearings; orders; administrative procedure applicable; final orders; judicial review; civil action; intervention—**
  - (1) The Access Board shall conduct investigations, hold public hearings, and issue such orders as it deems necessary to ensure compliance with the provisions of the Acts cited in [subsection (b)](#b). Except as provided in [paragraph (3)](#f-3) of subsection (f), the provisions of subchapter II of [chapter 5](/usc/29/ch5.md), and [chapter 7](/usc/5/chptI-ch7.md) of title 5 shall apply to procedures under this subsection, and an order of compliance issued by the Access Board shall be a final order for purposes of judicial review. Any such order affecting any Federal department, agency, or instrumentality of the United States shall be final and binding on such department, agency, or instrumentality. An order of compliance may include the withholding or suspension of Federal [funds](/usc/29/1301.md?p=a-5) with respect to any building or public conveyance or rolling stock found not to be in compliance with standards enforced under this section. Pursuant to [chapter 7](/usc/5/chptI-ch7.md) of title 5, any complainant or participant in a proceeding under this subsection may obtain review of a final order issued in such proceeding.
  - (2) The executive director is authorized, at the direction of the Access Board—
    - (A) to bring a civil action in any appropriate United States district court to enforce, in whole or in part, any final order of the Access Board under this subsection; and
    - (B) to intervene, appear, and participate, or to appear as amicus curiae, in any court of the United States or in any court of a [State](/usc/29/705.md?p=34) in civil actions that relate to this section or to the Architectural Barriers Act of 1968 [[42 U.S.C. 4151](/usc/42/4151.md) et seq.].

    Except as provided in [section 518(a) of title 28](/usc/28/518.md?p=a), relating to litigation before the Supreme Court, the executive director may appear for and represent the Access Board in any civil litigation brought under this section.

- (f) **Appointment of executive director, administrative law judges, and other personnel; provisions applicable to administrative law judges; authority and duties of executive director; finality of orders of compliance—**
  - (1) There shall be appointed by the Access Board an executive director and such other professional and clerical personnel as are necessary to carry out its functions under this chapter. The Access Board is authorized to appoint as many administrative law judges as are necessary for proceedings required to be conducted under this section. The provisions applicable to administrative law judges appointed under [section 3105 of title 5](/usc/5/3105.md) shall apply to administrative law judges appointed under this subsection.
  - (2) The Executive Director shall exercise general supervision over all personnel employed by the Access Board (other than administrative law judges and their assistants). The Executive Director shall have final authority on behalf of the Access Board, with respect to the investigation of alleged noncompliance and in the issuance of formal complaints before the Access Board, and shall have such other duties as the Access Board may prescribe.
  - (3) For the purpose of this section, an order of compliance issued by an administrative law judge shall be deemed to be an order of the Access Board and shall be the final order for the purpose of judicial review.
- (g) **Technical, administrative, or other assistance; appointment, compensation, and travel expenses of advisory and technical experts and consultants—**
  - (1)
    - (A) In carrying out the technical assistance responsibilities of the Access Board under this section, the Board may enter into an interagency agreement with another Federal department or agency.
    - (B) Any [funds](/usc/29/1301.md?p=a-5) appropriated to such a department or agency for the purpose of providing technical assistance may be transferred to the Access Board. Any [funds](/usc/29/1301.md?p=a-5) appropriated to the Access Board for the purpose of providing such technical assistance may be transferred to such department or agency.
    - (C) The Access Board may arrange to carry out the technical assistance responsibilities of the Board under this section through such other departments and agencies for such periods as the Board determines to be appropriate.
    - (D) The Access Board shall establish a procedure to ensure separation of its compliance and technical assistance responsibilities under this section.
  - (2) The departments or agencies specified in [subsection (a)](#a) of this section shall make available to the Access Board such technical, administrative, or other assistance as it may require to carry out its functions under this section, and the Access Board may appoint such other advisers, technical experts, and consultants as it deems necessary to assist it in carrying out its functions under this section. Special advisory and technical experts and consultants appointed pursuant to this paragraph shall, while performing their functions under this section, be entitled to receive compensation at rates fixed by the Chairperson,[^2] but not exceeding the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under [section 5382 of title 5](/usc/5/5382.md), including travel time, and while serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by [section 5703](/usc/5/5703.md) of such title 5 for [persons](/usc/29/1301.md?p=a-20) in the Government service employed intermittently.
- (h) **Omitted—**
- (i) **Grants and contracts to aid Access Board in carrying out its functions; acceptance of gifts, devises, and bequests of property—**
  - (1) The Access Board may make grants to, or enter into contracts with, public or private organizations to carry out its duties under subsections [(b)](#b) and [(c)](#c).
  - (2)
    - (A) The Access Board may accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding and facilitating the functions of the Access Board under paragraphs [(2)](#b-2) and [(4)](#b-4) of subsection (b). Gifts and bequests of money and proceeds from sales of other property received as gifts, devises, or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the Chairperson.[^2] Property accepted pursuant to this section, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gifts, devises, or bequests. For purposes of Federal income, estate, or gift taxes, property accepted under this section shall be considered as a gift, devise, or bequest to the United States.
    - (B) The Access Board shall publish regulations setting forth the criteria the Board will use in determining whether the acceptance of gifts, devises, and bequests of property, both real and personal, would reflect unfavorably upon the ability of the Board or any employee to carry out the responsibilities or official duties of the Board in a fair and objective manner, or would compromise the integrity of or the appearance of the integrity of a Government program or any official involved in that program.
  - (3) Omitted.
- (j) **Authorization of appropriations—** There are authorized to be appropriated for the purpose of carrying out the duties and functions of the Access Board under this section $7,448,000 for fiscal year 2015, $8,023,000 for fiscal year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal year 2020.

# §793. Employment under Federal contracts

- (a) **Amount of contracts or subcontracts; provision for employment and advancement of qualified individuals with disabilities; regulations—** Any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including [construction](/usc/29/705.md?p=6-A)) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified [individuals with disabilities](/usc/29/705.md?p=20-G). The provisions of this section shall apply to any subcontract in excess of $10,000 entered into by a prime contractor in carrying out any contract for the procurement of personal property and nonpersonal services (including [construction](/usc/29/705.md?p=6-A)) for the United States. The President shall implement the provisions of this section by promulgating regulations within ninety days after September 26, 1973.
- (b) **Administrative enforcement; complaints; investigations; departmental action—** If any [individual with a disability](/usc/29/705.md?p=20-A) believes any contractor has failed or refused to comply with the provisions of a contract with the United States, relating to employment of [individuals with disabilities](/usc/29/705.md?p=20-G), such [individual](/usc/29/705.md?p=22) may file a complaint with the Department of Labor. The Department shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant, consistent with the terms of such contract and the laws and regulations applicable thereto.
- (c) **Waiver by President; national interest special circumstances for waiver of particular agreements; waiver by Secretary of Labor of affirmative action requirements—**
  - (1) The requirements of this section may be waived, in whole or in part, by the President with respect to a particular contract or subcontract, in accordance with guidelines set forth in regulations which the President shall prescribe, when the President determines that special circumstances in the national interest so require and [states](/usc/29/705.md?p=34) in writing the reasons for such determination.
  - (2)
    - (A) The [Secretary](/usc/29/705.md?p=33) of Labor may waive the requirements of the affirmative action clause required by regulations promulgated under [subsection (a)](#a) with respect to any of a prime contractor’s or subcontractor’s facilities that are found to be in all respects separate and distinct from activities of the prime contractor or subcontractor related to the performance of the contract or subcontract, if the [Secretary](/usc/29/705.md?p=33) of Labor also finds that such a waiver will not interfere with or impede the effectuation of this chapter.
    - (B) Such waivers shall be considered only upon the request of the contractor or subcontractor. The [Secretary](/usc/29/705.md?p=33) of Labor shall promulgate regulations that set forth the standards used for granting such a waiver.
- (d) **Standards used in determining violation of section—** The standards used to determine whether this section has been violated in a complaint alleging nonaffirmative action 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](/usc/42/12111.md) et seq.) and the provisions of sections 501 through 504, and 510,[^1] of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12201–122](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s12201–122))04 and 12210), as such sections relate to employment.
- (e) **Avoidance of duplicative efforts and inconsistencies—** The [Secretary](/usc/29/705.md?p=33) shall develop procedures to ensure that administrative complaints filed under this section and under the Americans with Disabilities Act of 1990 [[42 U.S.C. 12101](/usc/42/12101.md) et seq.] are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this section and the Americans with Disabilities Act of 1990.

# §794. Nondiscrimination under Federal grants and programs

- (a) **Promulgation of rules and regulations—** No otherwise qualified [individual with a disability](/usc/29/705.md?p=20-A) in the United States, as defined in [section 705(20) of this title](/usc/29/705.md?p=20), shall, solely by reason of her or his [disability](/usc/29/705.md?p=9), be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any [program or activity](#b) receiving Federal financial assistance or under any [program or activity](#b) 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](/usc/29/705.md?p=34) or of a local government; or
    - (B) the entity of such [State](/usc/29/705.md?p=34) or local government that distributes such assistance and each such department or agency (and each other [State](/usc/29/705.md?p=34) or local government entity) to which the assistance is extended, in the case of assistance to a [State](/usc/29/705.md?p=34) 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](/usc/20/7801.md)), system of career and technical education, or other [school](/usc/29/2620.md?p=a-2-D) 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)](#b-1), [(2)](#b-2), or [(3)](#b-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)](#a) 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](/usc/42/12111.md) et seq.) and the provisions of sections 501 through 504, and 510,[^1] of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12201–122](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s12201–122))04 and 12210), as such sections relate to employment.

# §794a. Remedies and attorney fees

- (a)
  - (1) The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–16](/usc/42/2000e–16.md)), including the application of [sections 706(f) through 706(k)](/usc/29/706.md?p=f..k) ([42 U.S.C. 2000e–5(f)](/usc/42/2000e–5.md?p=f) through (k)) (and the application of [section 706(e)(3)](/usc/29/706.md) ([42 U.S.C. 2000e–5(e)(3)](/usc/42/2000e–5.md?p=e-3)) to claims of discrimination in compensation), shall be available, with respect to any complaint under [section 791 of this title](/usc/29/791.md), to any employee or [applicant](/usc/29/705.md?p=22) for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In fashioning an equitable or affirmative action remedy under such section, a court may take into account the reasonableness of the cost of any necessary work place accommodation, and the availability of alternatives therefor or other appropriate relief in order to achieve an equitable and appropriate remedy.
  - (2) The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 ([42 U.S.C. 2000d](/usc/42/2000d.md) et seq.) (and in [subsection (e)(3)](/usc/29/706.md) of section 706 of such Act ([42 U.S.C. 2000e–5](/usc/42/2000e–5.md)), applied to claims of discrimination in compensation) shall be available to any [person](/usc/29/1301.md?p=a-20) aggrieved by any act or failure to act by any recipient of Federal assistance or Federal provider of such assistance under [section 794 of this title](/usc/29/794.md).
- (b) In any action or proceeding to enforce or charge a violation of a provision of this subchapter, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.

# §794b. Removal of architectural, transportation, or communication barriers; technical and financial assistance; compensation of experts or consultants; authorization of appropriations

- (a) The [Secretary](/usc/29/705.md?p=33) may provide directly or by contract with [State](/usc/29/705.md?p=34) vocational rehabilitation agencies or experts or consultants or groups thereof, technical assistance—
  - (1) to [persons](/usc/29/1301.md?p=a-20) operating [community rehabilitation programs](/usc/29/705.md?p=4); and
  - (2) with the concurrence of the Access Board established by [section 792 of this title](/usc/29/792.md), to any [public or nonprofit](/usc/29/705.md?p=31) agency, institution, or organization;

  for the purpose of assisting such [persons](/usc/29/1301.md?p=a-20) or entities in removing architectural, transportation, or communication barriers. Any concurrence of the Access Board under [paragraph (2)](#a-2) shall reflect its consideration of cost studies carried out by [States](/usc/29/705.md?p=34).

- (b) Any such experts or consultants, while serving pursuant to such contracts, shall be entitled to receive compensation at rates fixed by the [Secretary](/usc/29/705.md?p=33), but not exceeding the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under [section 5382 of title 5](/usc/5/5382.md), including travel time, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by [section 5703 of title 5](/usc/5/5703.md) for [persons](/usc/29/1301.md?p=a-20) in the Government service employed intermittently.
- (c) The [Secretary](/usc/29/705.md?p=33), with the concurrence of the Access Board and the President, may provide, directly or by contract, financial assistance to any [public or nonprofit](/usc/29/705.md?p=31) agency, institution, or organization for the purpose of removing architectural, transportation, and communication barriers. No assistance may be provided under this subsection until a study demonstrating the need for such assistance has been conducted and submitted under [section 792(i)(1) of this title](/usc/29/792.md?p=i-1).
- (d) In order to carry out this section, there are authorized to be appropriated such sums as may be necessary.

# §794c. Interagency Disability Coordinating Council

- (a) **Establishment—** There is hereby established an Interagency [Disability](/usc/29/705.md?p=9) Coordinating Council (hereafter in this section referred to as the “Council”) composed of the [Secretary](/usc/29/705.md?p=33) of Education, the [Secretary](/usc/29/705.md?p=33) of Health and Human Services, the [Secretary](/usc/29/705.md?p=33) of Labor, the [Secretary](/usc/29/705.md?p=33) of Housing and Urban Development, the [Secretary](/usc/29/705.md?p=33) of Transportation, the Assistant [Secretary](/usc/29/705.md?p=33) of the Interior for Indian Affairs, the Attorney General, the Director of the Office of Personnel Management, the Chairperson of the Equal Employment Opportunity Commission, the Chairperson of the Architectural and Transportation Barriers Compliance Board, the Chairperson of the National Council on [Disability](/usc/29/705.md?p=9), and such other officials as may be designated by the President.
- (b) **Duties—** The Council shall—
  - (1) have the responsibility for developing and implementing agreements, policies, and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication, and inconsistencies among the operations, functions, and jurisdictions of the various departments, agencies, and branches of the Federal Government responsible for the implementation and enforcement of the provisions of this subchapter, and the regulations prescribed thereunder;
  - (2) be responsible for developing and implementing agreements, policies, and practices designed to coordinate operations, functions, and jurisdictions of the various departments and agencies of the Federal Government responsible for promoting the full integration into society, independence, and productivity of [individuals with disabilities](/usc/29/705.md?p=20-G); and
  - (3) carry out such studies and other activities, subject to the availability of resources, with advice from the National Council on [Disability](/usc/29/705.md?p=9), in order to identify methods for overcoming barriers to integration into society, independence, and productivity of [individuals with disabilities](/usc/29/705.md?p=20-G).
- (c) **Report—** On or before July 1 of each year, the Interagency [Disability](/usc/29/705.md?p=9) Coordinating Council shall prepare and submit to the President and to the Congress a report of the activities of the Council designed to promote and meet the employment needs of [individuals with disabilities](/usc/29/705.md?p=20-G), together with such recommendations for legislative and administrative changes as the Council concludes are desirable to further promote this section, along with any comments submitted by the National Council on [Disability](/usc/29/705.md?p=9) as to the effectiveness of such activities and recommendations in meeting the needs of [individuals with disabilities](/usc/29/705.md?p=20-G). Nothing in this section shall impair any responsibilities assigned by any Executive order to any Federal department, agency, or instrumentality to act as a lead Federal agency with respect to any provisions of this subchapter.

# §794d. Electronic and information technology

- (a) **Requirements for Federal departments and agencies—**
  - (1) **Accessibility—**
    - (A) **Development, procurement, maintenance, or use of electronic and information technology—** When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium of the technology—
      - (i) [individuals with disabilities](/usc/29/705.md?p=20-G) who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not [individuals with disabilities](/usc/29/705.md?p=20-G); and
      - (ii) [individuals with disabilities](/usc/29/705.md?p=20-G) who are members of the public seeking information or services from a Federal department or agency to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not [individuals with disabilities](/usc/29/705.md?p=20-G).
    - (B) **Alternative means efforts—** When development, procurement, maintenance, or use of electronic and information technology that meets the standards published by the Access Board under [paragraph (2)](#a-2) would impose an undue burden, the Federal department or agency shall provide [individuals with disabilities](/usc/29/705.md?p=20-G) covered by [paragraph (1)](#a-1) with the information and data involved by an alternative means of access that allows the [individual](/usc/29/705.md?p=22) to use the information and data.
  - (2) **Electronic and information technology standards—**
    - (A) **In general—** Not later than 18 months after August 7, 1998, the Architectural and Transportation Barriers Compliance Board (referred to in this section as the “Access Board”), after consultation with the [Secretary](/usc/29/705.md?p=33) of Education, the [Administrator](/usc/29/1301.md?p=a-1) of General Services, the [Secretary](/usc/29/705.md?p=33) of [Commerce](/usc/29/2001.md?p=1), the Chairman of the Federal Communications Commission, the [Secretary](/usc/29/705.md?p=33) of Defense, and the head of any other Federal department or agency that the Access Board determines to be appropriate, including consultation on relevant research findings, and after consultation with the electronic and information technology industry and appropriate [public or nonprofit](/usc/29/705.md?p=31) agencies or organizations, including organizations representing [individuals with disabilities](/usc/29/705.md?p=20-G), shall issue and publish standards setting forth—
      - (i) for purposes of this section, a definition of electronic and information technology that is consistent with the definition of information technology specified in [section 11101(6) of title 40](/usc/40/11101.md?p=6); and
      - (ii) the technical and functional performance criteria necessary to implement the requirements set forth in [paragraph (1)](#a-1).
    - (B) **Review and amendment—** The Access Board shall periodically review and, as appropriate, amend the standards required under [subparagraph (A)](#a-2-A) to reflect technological advances or changes in electronic and information technology.
  - (3) **Incorporation of standards—** Not later than 6 months after the Access Board publishes the standards required under [paragraph (2)](#a-2), the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation and each Federal department or agency shall revise the Federal procurement policies and directives under the control of the department or agency to incorporate those standards. Not later than 6 months after the Access Board revises any standards required under [paragraph (2)](#a-2), the Council shall revise the Federal Acquisition Regulation and each appropriate Federal department or agency shall revise the procurement policies and directives, as necessary, to incorporate the revisions.
  - (4) **Acquisition planning—** In the event that a Federal department or agency determines that compliance with the standards issued by the Access Board under [paragraph (2)](#a-2) relating to procurement imposes an undue burden, the documentation by the department or agency supporting the procurement shall explain why compliance creates an undue burden.
  - (5) **Exemption for national security systems—** This section shall not apply to national security systems, as that term is defined in [section 11103(a) of title 40](/usc/40/11103.md?p=a).
  - (6) **Construction—**
    - (A) **Equipment—** In a case in which the Federal Government provides access to the public to information or data through electronic and information technology, nothing in this section shall be construed to require a Federal department or agency—
      - (i) to make equipment owned by the Federal Government available for access and use by [individuals with disabilities](/usc/29/705.md?p=20-G) covered by [paragraph (1)](#a-1) at a location other than that where the electronic and information technology is provided to the public; or
      - (ii) to purchase equipment for access and use by [individuals with disabilities](/usc/29/705.md?p=20-G) covered by [paragraph (1)](#a-1) at a location other than that where the electronic and information technology is provided to the public.
    - (B) **Software and peripheral devices—** Except as required to comply with standards issued by the Access Board under [paragraph (2)](#a-2), nothing in [paragraph (1)](#a-1) requires the installation of specific accessibility-related software or the attachment of a specific accessibility-related peripheral device at a workstation of a Federal employee who is not an [individual with a disability](/usc/29/705.md?p=20-A).
- (b) **Technical assistance—** The [Administrator](/usc/29/1301.md?p=a-1) of General Services and the Access Board shall provide technical assistance to [individuals](/usc/29/705.md?p=22) and Federal departments and agencies concerning the requirements of this section.
- (c) **Agency evaluations—** Not later than 6 months after August 7, 1998, the head of each Federal department or agency shall evaluate the extent to which the electronic and information technology of the department or agency is accessible to and usable by [individuals with disabilities](/usc/29/705.md?p=20-G) described in [subsection (a)(1)](#a-1), compared to the access to and use of the technology by [individuals](/usc/29/705.md?p=22) described in such subsection who are not [individuals with disabilities](/usc/29/705.md?p=20-G), and submit a report containing the evaluation to the Attorney General.
- (d) **Reports—**
  - (1) **Interim report—** Not later than 18 months after August 7, 1998, the Attorney General shall prepare and submit to the President a report containing information on and recommendations regarding the extent to which the electronic and information technology of the Federal Government is accessible to and usable by [individuals with disabilities](/usc/29/705.md?p=20-G) described in [subsection (a)(1)](#a-1).
  - (2) **Biennial reports—** Not later than 3 years after August 7, 1998, and every 2 years thereafter, the Attorney General shall prepare and submit to the President and Congress a report containing information on and recommendations regarding the [state](/usc/29/705.md?p=34) of Federal department and agency compliance with the requirements of this section, including actions regarding [individual](/usc/29/705.md?p=22) complaints under [subsection (f)](#f).
- (e) **Cooperation—** Each head of a Federal department or agency (including the Access Board, the Equal Employment Opportunity Commission, and the General Services Administration) shall provide to the Attorney General such information as the Attorney General determines is necessary to conduct the evaluations under [subsection (c)](#c) and prepare the reports under [subsection (d)](#d).
- (f) **Enforcement—**
  - (1) **General—**
    - (A) **Complaints—** Effective 6 months after the date of publication by the Access Board of final standards described in [subsection (a)(2)](#a-2), any [individual with a disability](/usc/29/705.md?p=20-A) may file a complaint alleging that a Federal department or agency fails to comply with [subsection (a)(1)](#a-1) in providing electronic and information technology.
    - (B) **Application—** This subsection shall apply only to electronic and information technology that is procured by a Federal department or agency not less than 6 months after the date of publication by the Access Board of final standards described in [subsection (a)(2)](#a-2).
  - (2) **Administrative complaints—** Complaints filed under [paragraph (1)](#f-1) shall be filed with the Federal department or agency alleged to be in noncompliance. The Federal department or agency receiving the complaint shall apply the complaint procedures established to implement [section 794 of this title](/usc/29/794.md) for resolving allegations of discrimination in a federally conducted program or activity.
  - (3) **Civil actions—** The remedies, procedures, and rights set forth in sections [794a(a)(2)](/usc/29/794a.md?p=a-2) and [794a(b)](/usc/29/794a.md?p=b) of this title shall be the remedies, procedures, and rights available to any [individual with a disability](/usc/29/705.md?p=20-A) filing a complaint under [paragraph (1)](#f-1).
- (g) **Application to other Federal laws—** This section shall not be construed to limit any right, remedy, or procedure otherwise available under any provision of Federal law (including [sections 791 through 794a](/usc/29/791..794a.md) of this title) that provides greater or equal protection for the rights of [individuals with disabilities](/usc/29/705.md?p=20-G) than this section.