Page 281 TITLE 29—LABOR § 792

Chairman thereof (with due regard for the responsibilities of other Federal agencies), shall study the problems of people with disabilities in obtaining and retaining suitable employment, invite authorities in the various professional, technical, and other pertinent fields

to advise it in the exploration of those problems, and

review plans and projects for advocating the employment of people with disabilities.

SEC. 4. Advisory Council. There is hereby established

the Advisory Council on Employment of People with

Disabilities, which shall advise the President’s Committee with respect to the responsibilities of the Committee. The Council shall be composed of the Chairman

of the President’s Committee, who shall also be the

Chairman of the Council, and of the following-named

officers, or their respective alternates: Secretary of

State, Secretary of the Treasury; Secretary of Defense;

The Attorney General; Secretary of the Interior; Secretary of Agriculture; Secretary of Commerce; Secretary of Labor; Secretary of Health and Human Services; Secretary of Housing and Urban Development;

Secretary of Transportation; Secretary of Education;

Chairman, Equal Employment Opportunity Commission; Administrator of General Services; Director, Office of Personnel Management; Director, United States

Information Agency; Administrator of Veterans’ Affairs; and the Postmaster General.

SEC. 5. Administrative and Incidental Matters. (a) The

President’s Committee, the Executive Committee, and

the Advisory Council shall each meet on call of the

Chairman of the President’s Committee at a time and

place designated by the Chairman. In the case of the

President’s Committee and the Executive Committee,

the Chairman shall call at least one meeting and two

meetings, respectively, to be held during each calendar

year.

(b) In the absence of designation by the President,

the Chairman of the President’s Committee may from

time to time designate a Vice Chair of the President’s

Committee to be one or more of the following-named in

the absence of the Chairman: Acting Chairman of the

President’s Committee, Acting Chairman of the Executive Committee, and Acting Chairman of the Advisory

Council. The Chairman of the President’s Committee

shall from time to time assign other duties to the Vice

Chairs thereof.

(c) The Chairman of the President’s Committee shall

on behalf of the President direct the President’s Committee and its functions.

(d) The Chairman may from time to time prescribe

such necessary rules, procedures, and policies relating

to the President’s Committee, the Executive Committee, and the Advisory Council, and to their affairs, as

are not inconsistent with law or with the provisions of

this Order.

(e) The Vice Chairs shall advise and counsel the Committee and shall represent the Committee on appropriate occasions.

(f) All members (including the Chairman and Vice

Chairs) of the President’s Committee, the Executive

Committee, and the Advisory Council shall serve without compensation. The Chairman and the Vice Chairs

of the President’s Committee may receive transportation and per diem allowances as authorized by law for

persons serving without compensation. Persons with

disabilities serving as Chairman or Vice Chairs may be

compensated for attendant expenses, consistent with

government procedures and practices.

(g) Employees of the President’s Committee shall be

appointed, subject to law, and shall be directed by the

Chairman of the Committee. To such extent as may be

mutually arranged by the Chairman of the Committee

and the Secretary of Labor, employees of the Committee shall be subject to the administrative rules, regulations, and procedures of the Department of Labor.

(h) The Department of Labor is requested to make

available to the President’s Committee necessary office

space and to furnish the Committee, under such arrangements respecting financing as may be appropriate, necessary equipment, supplies, and services.

The estimates of appropriations for the operations of

the Committee shall be included within the framework

of the appropriations structure of the Department of

Labor, in such manner as the Director of the Office of

Management and Budget may prescribe. The Chairman

of the Committee, in cooperation with the Assistant

Secretary for Administration and Management of the

Department of Labor, shall be responsible for the preparation and justification of the estimates of appropriations for the Committee.

SEC. 6. Reporting. The President’s Committee shall report annually to the President, who may apprise the

Congress, and other interested organizations and individuals on the progress and problems of maximizing

employment opportunities for people with disabilities.

SEC. 7. Prior Orders; Transition. (a) To the extent that

this Order is inconsistent with any provision of any

prior order, or with any provisions of any regulation or

other measure or disposition, heretofore issued, made,

or taken by the President or by any other officer of the

Executive branch of the Government, this Order shall

control. Executive Order No. 11480 of September 9, 1969,

as amended, is hereby superseded.

(b) Without further action by the President or the

Chairman of the Committee, all members, employees,

records, property, funds, and pending business of the

President’s Committee on Employment of the Handicapped provided for in Executive Order No. 11480 of September 9, 1969, as amended, shall on the date of this

Order become members, employees, records, property,

funds, and pending business of the Committee established by this Order.

(c) The tenure of persons as members of the Committee in pursuance of the provisions of Section 7(b) of this

Order, (i), in the case of persons appointed to the predecessor Committee by the President, shall be at the

pleasure of the President, and (ii), in the case of other

members, shall be for periods equal to their respective

unexpired terms under Executive Order No. 11480, as

amended, but shall also be subject to the provisions of

the last sentence of Section 1(b) of this Order.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 794a of this

title; title 2 sections 1202, 1311; title 3 sections 411, 421;

title 5 sections 2302, 3102, 7702; title 22 sections 3905,

4131; title 38 section 4214; title 42 section 1981a.

§ 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.

(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.
§ 792 TITLE 29—LABOR Page 282

1So in original. Probably should not be capitalized.

2So in original. Probably should be ‘‘Access Board’’.

(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.

The Chairperson1 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). Each year, the

terms of office of at least three appointed members of the board 2 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 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 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 has not served on the Access Board

for a period of two years prior to the effective

date of such individual’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, 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).

(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 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 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 guidelines for, and provide appropriate technical assistance to, individuals 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 et

seq. and 12181 et seq.) with respect to overcoming architectural, transportation, and

communication barriers;

(3) establish and maintain minimum guidelines and requirements for the standards issued pursuant to the Act commonly known as

the Architectural Barriers Act of 1968 and

titles II and III of the Americans with Disabilities Act of 1990;

(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, 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, and local governments and

by other public or nonprofit agencies to eliminate the barriers described in paragraph (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 of General Serv-
Page 283 TITLE 29—LABOR § 792

ices, the Secretary of Defense, and the Secretary 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) and (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); and

(10) ensure that public conveyances, including rolling stock, are readily accessible to, and

usable by, individuals with physical disabilities.

(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 and aged individuals with disabilities and

consider ways in which travel expenses in connection with transportation to and from work

for individuals with disabilities can be met or

subsidized when such individuals are unable to

use mass transit systems or need special equipment in private transportation, and (B) consider

the housing needs of individuals with disabilities; (2) determine what measures are being

taken, especially by public and other nonprofit

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 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, 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) 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) of this section. Except as provided in

paragraph (3) of subsection (e) of this section,

the provisions of subchapter II of chapter 5, and

chapter 7, of title 5 shall apply to procedures

under this section, 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 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 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 in

civil actions that relate to this section or to

the Architectural Barriers Act of 1968 [42

U.S.C. 4151 et seq.].

Except as provided in section 518(a) of title 28,

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.

(e) 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 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.

(f) 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 appropriated to such a department or agency for the purpose of providing

technical assistance may be transferred to the

Access Board. Any funds appropriated to the Access Board for the purpose of providing such
§ 792 TITLE 29—LABOR Page 284

3So in original. Probably should not be capitalized.

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) 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,3 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, 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 of such title

5 for persons in the Government service employed intermittently.

(g) Reports to Congress; reports on transportation barriers and housing needs

(1) The Access Board shall, at the end of each

fiscal year, report its activities during the preceding fiscal year to the Congress. Such report

shall include an assessment of the extent of

compliance with the Acts cited in subsection (b)

of this section, along with a description and

analysis of investigations made and actions

taken by the Access Board, and the reports and

recommendations described in paragraphs (8)

and (9) of such subsection.

(2) The Access Board shall, at the same time

that the Access Board transmits the report required under section 7(b) of the Act commonly

known as the Architectural Barriers Act of 1968

(42 U.S.C. 4157(b)), transmit the report to the

Committee on Education and Labor of the House

of Representatives and the Committee on Labor

and Human Resources of the Senate.

(h) Grants and contracts to aid Access Board in

carrying out its functions; acceptance of

gifts, devises, and bequests of property; report to Congress on accessibility of federally

funded buildings; joint transmittal

(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) and (c) of this section.

(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 (5) and (7) of

subsection (b) of this section. 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.3 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) The Access Board shall, at the same time

that the Access Board transmits the report required under section 7(b) of the Act entitled ‘‘An

Act to ensure that certain buildings financed

with Federal funds are so designated 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. 4157(b)] transmit that report

to the Committee on Labor and Human Resources of the Senate and the Committee on

Education and Labor of the House of Representatives.

(i) 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

such sums as may be necessary for each of the

fiscal years 1993 through 1997.

(Pub. L. 93–112, title V, §502, Sept. 26, 1973, 87

Stat. 391; Pub. L. 93–516, title I, §§110, 111(n)–(q),

Dec. 7, 1974, 88 Stat. 1619, 1621, 1622; Pub. L.

93–651, title I, §§110, 111(n)–(q), Nov. 21, 1974, 89

Stat. 2–4, 2–6, 2–7; Pub. L. 94–230, §§10, 11(b)(13),

Mar. 15, 1976, 90 Stat. 212, 214; Pub. L. 95–251,

§2(a)(8), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–602,

title I, §118, Nov. 6, 1978, 92 Stat. 2979; Pub. L.

96–374, title XIII, §1321, Oct. 3, 1980, 94 Stat. 1499;

Pub. L. 98–221, title I, §151, Feb. 22, 1984, 98 Stat.

28; Pub. L. 99–506, title I, §103(d)(2)(C), title VI,

§601, title X, §1002(e)(2)(B)–(D), Oct. 21, 1986, 100

Stat. 1810, 1829, 1844; Pub. L. 100–630, title II,

§206(b), Nov. 7, 1988, 102 Stat. 3311; Pub. L. 102–52,

§6, June 6, 1991, 105 Stat. 262; Pub. L. 102–54,

§13(k)(1)(A), June 13, 1991, 105 Stat. 276; Pub. L.

102–569, title I, §102(p)(30), title V, §504, Oct. 29,

1992, 106 Stat. 4360, 4424; Pub. L. 103–73, title I,

§112(b), Aug. 11, 1993, 107 Stat. 727.)

REFERENCES IN TEXT

Executive level IV, referred to in subsec. (a)(1)(B), is

set out in section 5315 of Title 5, Government Organization and Employees.

The Act commonly known as the Architectural Barriers Act of 1968, referred to in subsecs. (b)(1), (3), (7)

and (d)(2)(B), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718,

as amended, which is classified generally to chapter 51

(§4151 et seq.) of Title 42, The Public Health and Wel-
Page 285 TITLE 29—LABOR § 792

fare. For complete classification of this Act to the

Code, see Short Title note set out under section 4151 of

Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred

to in subsec. (b)(2), (3), is Pub. L. 101–336, July 26, 1990,

104 Stat. 327, as amended. Titles II and III of the Act

are classified generally to subchapters II (§12131 et seq.)

and III (§12181 et seq.), respectively, 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.

CODIFICATION

For history of Pub. L. 93–651, which enacted amendments identical to Pub. L. 93–516, see Codification note

set out under section 701 of this title.

AMENDMENTS

1993—Subsec. (a)(5)(A). Pub. L. 103–73 substituted

‘‘level IV of the Executive Schedule under section 5315’’

for ‘‘level 4 of the Senior Executive Service Schedule

under section 5382’’.

1992—Pub. L. 102–569, §504(a)(2), (3), substituted ‘‘the

Access Board’’ and ‘‘The Access Board’’ for ‘‘the Board’’

and ‘‘The Board’’, respectively, wherever appearing.

Subsec. (a)(1). Pub. L. 102–569, §504(a)(1), substituted

‘‘the ‘Access Board’’’ for ‘‘the ‘Board’’’ in introductory

provisions.

Subsec. (a)(1)(A). Pub. L. 102–569, §504(b)(1)(A), substituted ‘‘Thirteen’’ for ‘‘Twelve’’ and ‘‘at least a majority’’ for ‘‘six’’.

Pub. L. 102–569, §102(p)(30), substituted ‘‘individuals

with disabilities’’ for ‘‘individuals with handicaps’’.

Subsec. (a)(1)(B)(xii). Pub. L. 102–569, §504(b)(1)(B),

added cl. (xii).

Subsec. (a)(2)(A). Pub. L. 102–569, §504(b)(2), designated existing provisions as cl. (i), substituted ‘‘4

years, except as provided in clause (ii)’’ for ‘‘three

years’’ and ‘‘at least three’’ for ‘‘four’’, and added cl.

(ii).

Subsec. (a)(3). Pub. L. 102–569, §504(b)(3), substituted

‘‘a Federal’’ for ‘‘such an’’ after ‘‘member becomes’’.

Subsec. (a)(5)(A). Pub. L. 102–569, §504(b)(4), substituted ‘‘the daily equivalent of the rate of pay for

level 4 of the Senior Executive Service Schedule under

section 5382’’ for ‘‘the daily rate prescribed for GS–18

under section 5332’’.

Subsec. (b). Pub. L. 102–569, §504(c), amended subsec.

(b) generally, substituting present provisions for provisions which outlined eight specific functions of the Access Board.

Subsec. (c). Pub. L. 102–569, §102(p)(30), substituted

‘‘individuals with disabilities’’ for ‘‘individuals with

handicaps’’ wherever appearing.

Subsec. (d)(1). Pub. L. 102–569, §504(d)(1), in first sentence, substituted ‘‘The Access Board shall conduct’’

for ‘‘In carrying out its functions under this chapter,

the Access Board shall, directly or through grants to

public or private nonprofit organizations or contracts

with private nonprofit or forprofit organizations, carry

out its functions under subsections (b) and (c) of this

section, and shall conduct’’ and ‘‘to ensure compliance’’

for ‘‘to insure compliance’’.

Subsec. (d)(3). Pub. L. 102–569, §504(d)(2), struck out

par. (3) which read as follows: ‘‘The Access Board, in

consultation and coordination with other concerned

Federal departments and agencies and agencies within

the Department of Education, shall develop standards

and provide appropriate technical assistance to any

public or private activity, person, or entity affected by

regulations prescribed pursuant to this subchapter with

respect to overcoming architectural, transportation,

and communication barriers. Any funds appropriated to

any such department or agency for the purpose of providing such assistance may be transferred to the Access

Board for the purpose of carrying out this paragraph.

The Access Board may arrange to carry out its responsibilities under this paragraph through such other departments and agencies for such periods as the Access

Board determines is appropriate. In carrying out its

technical assistance responsibilities under this paragraph, the Access Board shall establish a procedure to

insure separation of its compliance and technical assistance responsibilities under this section.’’

Subsec. (f). Pub. L. 102–569, §504(e), added par. (1), designated existing provisions as par. (2) and substituted

‘‘paragraph’’ for ‘‘subsection’’, ‘‘Chairperson’’ for ‘‘Secretary’’, and ‘‘the daily equivalent of the rate of pay for

level 4 of the Senior Executive Service Schedule under

section 5382’’ for ‘‘the daily pay rate for a person employed as a GS–18 under section 5332’’.

Subsec. (g). Pub. L. 102–569, §504(f), designated existing provisions as par. (1), substituted ‘‘paragraphs (8)

and (9) of such subsection’’ for ‘‘clauses (5) and (6) of

subsection (b) of this section’’, struck out at end ‘‘The

Access Board shall prepare two final reports of its activities under subsection (c) of this section. One such

report shall be on its activities in the field of transportation barriers facing individuals with disabilities, and

the other such report shall be on its activities in the

field of the housing needs of individuals with disabilities. The Access Board shall, not later than September

30, 1975, submit each such report, together with its recommendations, to the President and the Congress. The

Access Board shall also prepare for such submission an

interim report of its activities in each such field within

18 months after September 26, 1973. The Access Board

shall prepare and submit two additional reports of its

activities under subsection (c) of this section, one report on its activities in the field of transportation barriers facing individuals with disabilities and the other

report on its activities in the field of the housing needs

of individuals with disabilities. The two additional reports required by the previous sentence shall be submitted not later than February 1, 1988.’’, and added par.

(2).

Pub. L. 102–569, §102(p)(30), substituted ‘‘individuals

with disabilities’’ for ‘‘individuals with handicaps’’

wherever appearing.

Subsec. (h)(1). Pub. L. 102–569, §504(g)(1)–(3), redesignated par. (2) as (1), struck out at end ‘‘The Access

Board may also make grants to any designated State

unit for the purpose of conducting studies to provide

the cost assessments required by paragraph (1). Before

including in such report the findings of any study conducted for the Access Board under a grant or contract

to provide the Access Board with such cost assessments, the Access Board shall take all necessary steps

to validate the accuracy of any such findings.’’, and

struck out former par. (1) which read as follows: ‘‘Within one year following November 6, 1978, the Access

Board shall submit to the President and the Congress

a report containing an assessment of the amounts required to be expended by States and by political subdivisions thereof to provide individuals with disabilities with full access to all programs and activities receiving Federal assistance.’’

Pub. L. 102–569, §102(p)(30), substituted ‘‘individuals

with disabilities’’ for ‘‘individuals with handicaps’’ before ‘‘with full access’’.

Subsec. (h)(2). Pub. L. 102–569, §504(g)(4), which directed the addition of par. (2) ‘‘at the end’’ of subsec.

(h), was executed by adding par. (2) before par. (3) to reflect the probable intent of Congress. Former par. (2)

redesignated (1).

Subsec. (i). Pub. L. 102–569, §504(h), substituted ‘‘fiscal years 1993 through 1997.’’ for ‘‘fiscal years 1987

through 1992, but in no event shall the amount appropriated for any one fiscal year exceed $3,000,000.’’

1991—Subsec. (a)(1)(B)(ix). Pub. L. 102–54 substituted

‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Administration’’.

Subsec. (i). Pub. L. 102–52 substituted ‘‘1987 through

1992’’ for ‘‘1987, 1988, 1989, 1990, and 1991’’.

1988—Subsec. (a)(2). Pub. L. 100–630, §206(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read

as follows: ‘‘The term of office of each appointed member of the Board shall be three years; except that (i) the

members first taking office shall serve, as designated
§ 792 TITLE 29—LABOR Page 286

by the President at the time of appointment, four for

a term of one year, four for a term of two years, and

three for a term of three years, (ii) a member whose

term has expired may continue to serve until a successor has been appointed, and (iii) a member appointed to

fill a vacancy shall serve for the remainder of the term

to which that member’s predecessor was appointed.’’

Subsec. (a)(3). Pub. L. 100–630, §206(b)(2), substituted

‘‘the member’’ for ‘‘he’’.

Subsec. (a)(5)(A). Pub. L. 100–630, §206(b)(3), substituted ‘‘travel time’’ for ‘‘traveltime’’.

Subsec. (b). Pub. L. 100–630, §206(b)(4)–(7), inserted a

comma after ‘‘surface transportation’’ in cl. (2), and

substituted ‘‘Administrator of General Services’’ for

‘‘Administrator of the General Services Administration’’ in cl. (4), ‘‘results of’’ for ‘‘results to’’ in cl. (5),

and ‘‘individuals with physical handicaps’’ for ‘‘physically handicapped persons’’ in cl. (8).

Subsec. (c)(2)(A). Pub. L. 100–630, §206(b)(8), inserted a

comma after ‘‘expanded transportation systems’’.

Subsec. (d)(2)((B). Pub. L. 100–630, §206(b)(9), substituted ‘‘that relate to’’ for ‘‘which related to’’.

Subsec. (f). Pub. L. 100–630, §206(b)(10), substituted

‘‘daily pay rate for’’ for ‘‘daily pay rate, for’’, ‘‘section

5332 of title 5’’ for ‘‘section 5332 of title 45’’, and ‘‘travel

time’’ for ‘‘traveltime’’.

Subsec. (g). Pub. L. 100–630, §206(b)(11), substituted

‘‘transportation barriers facing individuals with handicaps’’ for ‘‘transportation barriers to individuals with

handicaps’’ and for ‘‘transportation barriers of handicapped individuals’’ in fourth and seventh sentences,

respectively, and ‘‘housing needs of individuals with

handicaps’’ for ‘‘housing needs of handicapped individuals’’ in seventh sentence.

1986—Subsec. (a)(1)(A). Pub. L. 99–506, §§103(d)(2)(C),

601(a)(2), substituted ‘‘Twelve’’ for ‘‘Eleven’’, ‘‘six’’ for

‘‘five’’, and ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’.

Subsec. (a)(1)(B). Pub. L. 99–506, §601(a)(1), substituted

provision that Chairperson and vice-chairperson of

Board shall be elected by majority vote of members of

Board to serve for terms of one year, for provision that

President had to appoint first Chairman of such Board

who was to serve for term of not more than two years,

with subsequent Chairmen to be elected by majority

vote of Board for term of one year, and inserted provisions that positions of Chairperson and vice-chairperson each be held alternately in succession by Federal official and by member of general public, and that

when either office is held by member of general public,

the other will be held by Federal official.

Subsec. (a)(2)(ii), (iii). Pub. L. 99–506, §601(a)(3), added

cls. (ii) and (iii), and struck out former cl. (ii) which

read as follows: ‘‘any member appointed to fill a vacancy shall serve for the remainder of the term for

which his predecessor was appointed’’.

Subsec. (a)(6). Pub. L. 99–506, §601(a)(4), added par. (6).

Subsecs. (b)(2), (c). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’ wherever appearing.

Subsec. (d)(2)(A). Pub. L. 99–506, §1002(e)(2)(B), substituted ‘‘any final order’’ for ‘‘any, final order’’.

Subsec. (d)(3). Pub. L. 99–506, §1002(e)(2)(C), substituted ‘‘Department of Education’’ for ‘‘Department

of Health, Education, and Welfare’’ and ‘‘with respect

to overcoming’’ for ‘‘with respect overcoming to’’.

Subsec. (e)(2). Pub. L. 99–506, §1002(e)(2)(D), substituted ‘‘alleged noncompliance and in’’ for ‘‘alleged

noncompliance in’’.

Subsec. (g). Pub. L. 99–506, §601(b), inserted provisions

requiring the Board to submit, not later than Feb. 1,

1988, two additional reports on its activities under subsec. (c), one report to deal with its activities relating

to transportation barriers to handicapped individuals,

the other to deal with activities relating to the housing

needs of handicapped individuals.

Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals

with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing.

Subsec. (h)(1). Pub. L. 99–506, §103(d)(2)(C), substituted

reference to individuals with handicaps for reference to

handicapped individuals.

Subsec. (i). Pub. L. 99–506, §601(c), which directed the

substitution of ‘‘of the fiscal years 1987, 1988, 1989, 1990,

and 1991,’’ for ‘‘fiscal year ending before October 1,

1986,’’ was executed by making the substitution for

‘‘fiscal year ending before October 1, 1986.,’’ as the probable intent of Congress. See 1984 Amendment note

below.

1984—Subsec. (i). Pub. L. 98–221 substituted ‘‘October

1, 1986.’’ for ‘‘October 1, 1982’’.

1980—Subsec. (a)(1)(B)(i). Pub. L. 96–374, §1321(a)(1),

substituted ‘‘Department of Health and Human Services’’ for ‘‘Department of Health, Education, and Welfare’’.

Subsec. (a)(1)(B)(xi). Pub. L. 96–374, §1321(a)(2), added

cl. (xi).

Subsec. (h)(3). Pub. L. 96–374, §1321(b), added par. (3).

1978—Subsec. (a). Pub. L. 95–602, §118(a), substituted

provision permitting President to appoint eleven members of Board from general public of whom five are to

be handicapped, adding head of the Department of Justice as a Board member, authorizing President to appoint the first chairman, and providing for the term of

office, reappointment, and compensation of Board

members for provision restricting Board membership to

head of Department of Health, Education, and Welfare,

Department of Transportation, Department of Housing

and Urban Development, Department of Labor, Department of the Interior, Department of Defense, General

Services Administration, United States Postal Service,

and Veterans’ Administration, appointing Secretary of

Health, Education, and Welfare as chairman, and authorizing appointment of a Consumer Advisory Panel, a

majority of members of which were to be handicapped,

to provide guidance, advice, and recommendations to

Board.

Subsec. (b)(1). Pub. L. 95–602, §118(b)(1), substituted

provision requiring Board to insure compliance with

standards of Architectural Barriers Act of 1968, including application to United States Postal Service, and to

insure all waivers and modifications of standards are

based on findings of fact and are not inconsistent with

that Act or this section for provision requiring Board

to insure compliance with the standards prescribed by

General Services Administration, Department of Defense, and Department of Housing and Urban Development pursuant to Architectural Barriers Act of 1968.

Subsec. (b)(2). Pub. L. 95–602, §118(b)(2), inserted

‘‘communication,’’ before ‘‘and attitudinal’’ and ‘‘telecommunication devices,’’ before ‘‘public buildings’’.

Subsec. (b)(7), (8). Pub. L. 95–602, §118(b)(3), added

pars. (7) and (8).

Subsec. (d). Pub. L. 95–602, §118(c), designated existing

provision as par. (1), substituted ‘‘public or private nonprofit organizations or contracts with private nonprofit

or forprofit organizations’’ for ‘‘or contracts with public or private nonprofit organizations’’, ‘‘Except as provided in paragraph (3) of subsection (e) of this section,

provisions’’ for ‘‘The provisions’’, ‘‘building or public

conveyance or rolling stock found’’ for ‘‘building

found’’, and ‘‘enforced under this section’’ for ‘‘prescribed pursuant to the Acts cited in subsection (b) of

this section’’, inserted provision permitting a complainant or participant in a proceeding under this subsection to obtain review of a final order pursuant to

chapter 7 of title 5, and added pars. (2) and (3).

Subsec. (e). Pub. L. 95–602, §118(d), designated existing

provisions as par. (1) and added pars. (2) and (3).

Pub. L. 95–251 substituted ‘‘administrative law

judges’’ for ‘‘hearing examiners’’ wherever appearing.

Such substitution was made in pars. (2) and (3) as the

probable intent of Congress in view of the amendment

to subsec. (e) by section 2(a)(8) of Pub. L. 95–251 (although prior in time to the amendment by Pub. L.

95–602) requiring such substitution wherever appearing

in text.

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

Former subsec. (h), which authorized appropriations for

carrying out duties and functions of the Board of

$1,000,000 for each of fiscal years ending June 30, 1974,

and June 30, 1975, $1,500,000 for fiscal year ending June
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-