Page 287 TITLE 29—LABOR § 793

30, 1976, and $1,500,000 for each of fiscal years ending

Sept. 30, 1977 and Sept. 30, 1978, was struck out.

Subsec. (i). Pub. L. 95–602, §118(e), added subsec. (i).

1976—Subsec. (h). Pub. L. 94–230, §10, authorized appropriation of $1,500,000 for fiscal year ending Sept. 30,

1977.

Pub. L. 94–230, §11(b)(13), authorized appropriation of

$1,500,000 for fiscal year ending Sept. 30, 1978.

1974—Subsec. (a). Pub. L. 93–516, §111(n), redesignated

cls. (6), (7), and (8), as cls. (7), (8), and (9), added cl. (6),

and following designated clauses, inserted provisions

that Secretary of Health, Education, and Welfare shall

be Chairman of Board, and that Board shall appoint,

upon recommendation of Secretary, a Consumer Advisory Panel, a majority of members of which shall be

handicapped individuals, to provide guidance, advice,

and recommendations to Board in carrying out its

functions.

Pub. L. 93–651, §111(n), amended subsec. (a) in exactly

the same manner as it was amended by Pub. L. 93–516.

Subsec. (d). Pub. L. 93–516, §111(o), substituted ‘‘this

chapter, the Board shall, directly or through grants to

or contracts with public or private nonprofit organizations, carrying out its functions under subsections (b)

and (c) of this section, and shall conduct’’ for ‘‘this section, the Board shall conduct’’, and inserted provisions

that 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, and that an order of compliance may include the withholding or suspension of Federal funds

with respect to any building found not to be in compliance with standards prescribed pursuant to the Acts referred to in subsec. (b) of this section.

Pub. L. 93–651, 111(o), amended subsec. (d) in exactly

the same manner as it was amended by Pub. L. 93–516.

Subsec. (e). Pub. L. 93–516, §111(p), inserted provisions

relating to appointment of an executive director and

other professional and clerical personnel.

Pub. L. 93–651, §111(p), amended subsec. (e) in exactly

the same manner as it was amended by Pub. L. 93–516.

Subsec. (g). Pub. L. 93–516, §111(q), substituted ‘‘not

later than September 30, 1975’’ for ‘‘prior to January 1,

1975’’.

Pub. L. 93–651, §111(q), amended subsec. (g) in exactly

the same manner as it was amended by Pub. L. 93–516.

Subsec. (h). Pub. L. 93–516, §110, authorized appropriation of $1,500,000 for fiscal year ending June 30, 1976.

Pub. L. 93–651, §110, amended subsec. (h) in exactly

the same manner as it was amended by Pub. L. 93–516.

CHANGE OF NAME

Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of Pub. L. 104–14, set out as

a note preceding section 21 of Title 2, The Congress.

Committee on Economic and Educational Opportunities of House of Representatives changed to Committee

on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Fifth

Congress, Jan. 7, 1997.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96–374 effective Oct. 1, 1980,

see section 1393(a) of Pub. L. 96–374, set out as a note

under section 1001 of Title 20, Education.

EXTENSION OF VOCATIONAL REHABILITATION PROGRAMS

THROUGH FISCAL YEAR ENDING SEPTEMBER 30, 1978;

EFFECTIVE DATE OF 1976 AMENDMENT

For contingency provisions relating to the extensions

of program authorizations and to the effective date of

such extensions, see section 11(a), (b)(1), and (c) of Pub.

L. 94–230, set out as a note under section 720 of this

title.

TERMINATION OF ADVISORY PANELS

Advisory panels established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a panel established by the President

or an officer of the Federal Government, such panel is

renewed by appropriate action prior to the expiration

of such 2-year period, or in the case of a panel established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L.

92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 776, 794b of this

title; title 42 sections 4157, 12185; title 49 section 40103.

§ 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 con-
§ 794 TITLE 29—LABOR Page 288

tractor 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, §503, Sept. 26, 1973, 87

Stat. 393; Pub. L. 95–602, title I, §122(d)(1), Nov.

6, 1978, 92 Stat. 2987; Pub. L. 99–506, title I,

§103(d)(2)(B), (C), title X, §§1001(f)(2), (3),

1002(e)(3), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844;

Pub. L. 100–630, title II, §206(c), Nov. 7, 1988, 102

Stat. 3312; Pub. L. 102–569, title I, §102(p)(31),

title V, §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 (§12101 et seq.) of Title 42, The

Public Health and Welfare. Title I of the Act is classified generally to subchapter I (§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, §§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, §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, §505(b), designated existing provisions as par. (1) and added par. (2).

Subsecs. (d), (e). Pub. L. 102–569, §505(c), added subsecs. (d) and (e).

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

comma after ‘‘to carry out such contract’’.

Subsec. (b). Pub. L. 100–630, §206(c)(2), substituted

‘‘refused’’ for ‘‘refuses’’.

Subsec. (c). Pub. L. 100–630, §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, §§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, §§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, §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 706, 721, 796c,

796f–4 of this title.

§ 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 706(8) 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 8801 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,