Page 291 TITLE 29—LABOR § 794d

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; and

(3) carry out such studies and other activities, subject to the availability of resources,

with advice from the National Council on Disability, in order to identify methods for overcoming barriers to integration into society,

independence, and productivity of individuals

with disabilities.

(c) Report

On or before July 1 of each year, the Interagency Disability 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, 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 as to the effectiveness of such activities and recommendations in

meeting the needs of individuals with disabilities. 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.

(Pub. L. 93–112, title V, §507, as added Pub. L.

95–602, title I, §120(a), Nov. 6, 1978, 92 Stat. 2983;

amended Pub. L. 96–88, title V, §508(m)(2), Oct.

17, 1979, 93 Stat. 694; Pub. L. 98–221, title I,

§104(b)(4), Feb. 22, 1984, 98 Stat. 18; Pub. L.

99–506, title VI, §602, title X, §1001(f)(4), Oct. 21,

1986, 100 Stat. 1830, 1843; Pub. L. 102–569, title V,

§508(a), Oct. 29, 1992, 106 Stat. 4429.)

AMENDMENTS

1992—Pub. L. 102–569 amended section generally,

changing Council name from Interagency Coordinating

Council to Interagency Disability Coordinating Council, including as members Secretary of Housing and

Urban Development, Secretary of Transportation, and

such other officials as designated by the President, requiring Council to be responsible for developing and

implementing policies and practices to eliminate inconsistencies among Federal departments and agencies

responsible for enforcement of provisions of this subchapter and to carry out such studies and other activities, with advice from the National Council on Disability, to identify methods for overcoming barriers to integration into society, independence, and productivity

of individuals with disabilities, and directing in annual

report inclusion of any comments submitted by National Council on Disability as to effectiveness of activities and recommendations in meeting needs of individuals with disabilities.

1986—Pub. L. 99–506, §602, inserted reference to Assistant Secretary of the Interior for Indian Affairs.

Pub. L. 99–506, §1001(f)(4), which directed the substitution of ‘‘Chairperson’’ for ‘‘Chairman’’ was executed

by substituting ‘‘Chairperson of the Architectural and

Transportation Barriers Compliance Board’’ for ‘‘Chairman of the Architectural and Transportation Barriers

Compliance Board’’ to reflect the probable intent of

Congress.

1984—Pub. L. 98–221 substituted ‘‘Chairman of the Office of Personnel Management’’ for ‘‘Chairman of the

United States Civil Service Commission’’ and purported to substitute ‘‘Secretary of Education, the Secretary of Health and Human Services,’’ for ‘‘Secretary

of Health, Education, and Welfare’’ which amendment

could not be executed in view of the previous amendment by Pub. L. 96–88. See 1979 Amendment note below.

1979—Pub. L. 96–88 substituted requirement that the

Secretaries of Education and Health and Human Services be members of the Council for requirement that

the Secretary of Health, Education, and Welfare be a

member.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96–88 effective May 4, 1980,

with specified exceptions, see section 601 of Pub. L.

96–88, set out as an Effective Date note under section

3401 of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2215, 2231 of this

title.

§ 794d. Electronic and information technology accessibility guidelines

(a) Guidelines

The Secretary, through the Director of the National Institute on Disability and Rehabilitation

Research, and the Administrator of the General

Services Administration, in consultation with

the electronics and information technology industry and the Interagency Council on Accessible Technology, shall develop and establish

guidelines for Federal agencies for electronic

and information technology accessibility designed to ensure, regardless of the type of medium, that individuals with disabilities can

produce information and data, and have access

to information and data, comparable to the information and data, and access, respectively, of

individuals who are not individuals with disabilities. Such guidelines shall be revised, as necessary, to reflect technological advances or

changes.

(b) Compliance

Each Federal agency shall comply with the

guidelines established under this section.

(Pub. L. 93–112, title V, §508, as added Pub. L.

99–506, title VI, §603(a), Oct. 21, 1986, 100 Stat.

1830; amended Pub. L. 100–630, title II, §206(f),

Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title

V, §509(a), Oct. 29, 1992, 106 Stat. 4430.)

AMENDMENTS

1992—Pub. L. 102–569 amended section generally, substituting present provisions for provisions relating to

electronic equipment accessibility guidelines, in consultation with electronic industry, designed to insure

individuals with handicaps use of electronic office

equipment with or without special peripherals, requiring the Administrator of General Services to adopt

guidelines for electronic equipment accessibility established under this section for Federal procurement of

electronic equipment, and defining term ‘‘special

peripherals’’.

1988—Subsec. (a)(1). Pub. L. 100–630, §206(f)(1), inserted

‘‘the Director of’’ before ‘‘the National Institute’’,
§ 794e TITLE 29—LABOR Page 292

struck out ‘‘the’’ before ‘‘General Services’’, and substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (a)(3). Pub. L. 100–630, §206(f)(2), inserted ‘‘by

the Director of the National Institute on Disability and

Rehabilitation Research and the Administrator of General Services in consultation with the electronics industry and the Interagency Committee for Computer

Support of Handicapped Employees’’ after ‘‘revised’’.

Subsec. (c). Pub. L. 100–630, §206(f)(3), substituted ‘‘an

individual with handicaps’’ for ‘‘a handicapped individual’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2213 of this title.

§ 794e. Protection and advocacy of individual

rights

(a) Purpose

The purpose of this section is to support a system in each State to protect the legal and

human rights of individuals with disabilities

who—

(1) need services that are beyond the scope of

services authorized to be provided by the client assistance program under section 732 of

this title; and

(2) are ineligible for protection and advocacy

programs under part C of the Developmental

Disabilities Assistance and Bill of Rights Act

(42 U.S.C. 6041 et seq.) and the Protection and

Advocacy for Mentally Ill Individuals Act of

1986 (42 U.S.C. 10801 et seq.).

(b) Appropriations less than $5,500,000

For any fiscal year in which the amount appropriated to carry out this section is less than

$5,500,000, the Commissioner may make grants

from such amount to eligible systems within

States to plan for, develop outreach strategies

for, and carry out protection and advocacy programs authorized under this section for individuals with disabilities who meet the requirements of paragraphs (1) and (2) of subsection (a)

of this section.

(c) Appropriations of $5,500,000 or more

(1) Technical assistance

For any fiscal year in which the amount appropriated to carry out this section equals or

exceeds $5,500,000, the Commissioner shall set

aside not less than 1.8 percent and not more

than 2.2 percent of the amount to provide

training and technical assistance to the systems established under this section.

(2) Allotments

For any such fiscal year, after the reservation required by paragraph (1) has been made,

the Commissioner shall make allotments from

the remainder of such amount in accordance

with paragraph (3) to eligible systems within

States to enable such systems to carry out

protection and advocacy programs authorized

under this section for such individuals.

(3) Systems within States

(A) Population basis

Except as provided in subparagraph (B),

from such remainder for each such fiscal

year, the Commissioner shall make an allotment to the eligible system within a State

of an amount bearing the same ratio to such

remainder as the population of the State

bears to the population of all States.

(B) Minimums

Subject to the availability of appropriations to carry out this section, and except as

provided in paragraph (4), the allotment to

any system under subparagraph (A) shall be

not less than $100,000 or one-third of one percent of the remainder for the fiscal year for

which the allotment is made, whichever is

greater, and the allotment to any system

under this section for any fiscal year that is

less than $100,000 or one-third of one percent

of such remainder shall be increased to the

greater of the two amounts.

(4) Systems within other jurisdictions

(A) In general

For the purposes of paragraph (3)(B),

Guam, American Samoa, the United States

Virgin Islands, the Commonwealth of the

Northern Mariana Islands, and the Republic

of Palau shall not be considered to be

States.

(B) Allotment

The eligible system within a jurisdiction

described in subparagraph (A) shall be allotted under paragraph (3)(A) not less than

$50,000 for the fiscal year for which the allotment is made, except that the Republic of

Palau may receive such allotment under this

section only until the Compact of Free Association with Palau takes effect.

(5) Adjustment for inflation

For any fiscal year, beginning in fiscal year

1994, in which the total amount appropriated

to carry out this section exceeds the total

amount appropriated to carry out this section

for the preceding fiscal year by a percentage

greater than the most recent percentage

change in the Consumer Price Index For All

Urban Consumers published by the Secretary

of Labor under section 720(c)(1) of this title,

the Commissioner shall increase the minimum

allotment under paragraphs (3)(B) and (4)(B)

by such percentage change in the Consumer

Price Index For All Urban Consumers.

(d) Proportional reduction

To provide minimum allotments to systems

within States (as increased under subsection

(c)(5) of this section) under subsection (c)(3)(B)

of this section, or to provide minimum allotments to systems within States (as increased

under subsection (c)(5) of this section) under

subsection (c)(4)(B) of this section, the Commissioner shall proportionately reduce the allotments of the remaining systems within States

under subsection (c)(3) of this section, with such

adjustments as may be necessary to prevent the

allotment of any such remaining system within

a State from being reduced to less than the minimum allotment for a system within a State (as

increased under subsection (c)(5) of this section)

under subsection (c)(3)(B) of this section, or the

minimum allotment for a State (as increased

under subsection (c)(5) of this section) under

subsection (c)(4)(B) of this section, as appropriate.