§ 793. — Employment under Federal contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC793]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER V--RIGHTS AND ADVOCACY
Sec. 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) 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. 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) 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 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,
such individual 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 in
writing the reasons for such determination.
(2)(A) The Secretary of Labor may waive the requirements of the
affirmative action clause required by regulations promulgated under
subsection (a) of this section 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 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 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
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.
(e) Avoidance of duplicative efforts and inconsistencies
The Secretary 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 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.
(Pub. L. 93-112, title V, Sec. 503, Sept. 26, 1973, 87 Stat. 393; Pub.
L. 95-602, title I, Sec. 122(d)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L.
99-506, title I, Sec. 103(d)(2)(B), (C), title X, Secs. 1001(f)(2), (3),
1002(e)(3), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844; Pub. L. 100-630,
title II, Sec. 206(c), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102-569,
title I, Sec. 102(p)(31), title V, Sec. 505, Oct. 29, 1992, 106 Stat.
4360, 4427.)
References in Text
The Americans with Disabilities Act of 1990, referred to in subsecs.
(d) and (e), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as
amended, which is classified principally to chapter 126 (Sec. 12101 et
seq.) of Title 42, The Public Health and Welfare. Title I of the Act is
classified generally to subchapter I (Sec. 12111 et seq.) of chapter 126
of Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 12101 of Title 42 and Tables.
Amendments
1992--Subsec. (a). Pub. L. 102-569, Secs. 102(p)(31)(A), 505(a),
substituted ``$10,000'' for ``$2,500'' in two places, struck out ``, in
employing persons to carry out such contract,'' after ``contain a
provision requiring that'', and substituted ``individuals with
disabilities'' for ``individuals with handicaps as defined in section
706(8) of this title''.
Subsec. (b). Pub. L. 102-569, Sec. 102(p)(31)(B), substituted
``individual with a disability'' for ``individual with handicaps'' and
``individuals with disabilities'' for ``individuals with handicaps''.
Subsec. (c). Pub. L. 102-569, Sec. 505(b), designated existing
provisions as par. (1) and added par. (2).
Subsecs. (d), (e). Pub. L. 102-569, Sec. 505(c), added subsecs. (d)
and (e).
1988--Subsec. (a). Pub. L. 100-630, Sec. 206(c)(1), inserted a comma
after ``to carry out such contract''.
Subsec. (b). Pub. L. 100-630, Sec. 206(c)(2), substituted
``refused'' for ``refuses''.
Subsec. (c). Pub. L. 100-630, Sec. 206(c)(3), substituted ``which
the President'' for ``which The President'' and ``when the President''
for ``when The President''.
1986--Subsec. (a). Pub. L. 99-506, Secs. 103(d)(2)(C), 1002(e)(3),
substituted ``individuals with handicaps'' for ``handicapped
individuals'' and ``section 706(8) of this title'' for ``section 706(7)
of this title''.
Subsec. (b). Pub. L. 99-506, Secs. 103(d)(2)(B), (C), 1001(f)(2),
substituted ``individual with handicaps'' for ``handicapped
individual'', ``individuals with handicaps'' for ``handicapped
individuals'', and ``a contract'' for ``his contract''.
Subsec. (c). Pub. L. 99-506, Sec. 1001(f)(3), substituted ``The
President'' for ``he'' in two places and substituted ``the reasons'' for
``his reasons''.
1978--Subsec. (a). Pub. L. 95-602 substituted ``section 706(7) of
this title'' for ``section 706(6) of this title''.
Section Referred to in Other Sections
This section is referred to in sections 705, 721, 794d, 796c, 796f-4
of this title.
