§ 790 TITLE 29—LABOR Page 278

SUBCHAPTER V—RIGHTS AND ADVOCACY

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 702, 706,

718b, 720, 743, 762, 784 of this title; title 20 sections 1221,

1415; title 38 section 3116; title 42 section 12201.

§ 790. Repealed. Pub. L. 102–569, title V, § 502(a),

Oct. 29, 1992, 106 Stat. 4424

Section, Pub. L. 93–112, title V, §500, Sept. 26, 1973, 87

Stat. 390, related to effects on existing law, references

in other provisions, availability of unexpended appropriations, savings provision, and extension of appropriations.

§ 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 (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 of Veterans Affairs, the Secretary of Labor, the Secretary of Education, and the Secretary 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 Committees on Employment of People With Disabilities and on Mental Retardation 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, and to review, on a periodic basis, in cooperation with

the Commission, the adequacy of hiring, placement, and advancement practices with respect

to individuals with disabilities, by each department, agency, and instrumentality in the executive branch of Government, and to insure that

the special needs of such individuals are being

met; and (2) to consult with the Commission to

assist the Commission to carry out its responsibilities under subsections (b), (c), and (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 Rate Commission) in the executive branch 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, and advancement of individuals with disabilities in such department, agency, or instrumentality. Such plan shall include a description

of the extent to which and methods whereby the

special needs of employees who are individuals

with disabilities 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, and advancement opportunities for individuals with

disabilities.

(c) State agencies; rehabilitated individuals, employment

The Commission, after consultation with the

Committee, shall develop and recommend to the

Secretary for referral to the appropriate State

agencies, policies and procedures which will facilitate the hiring, placement, and advancement

in employment of individuals who have received

rehabilitation services under State vocational

rehabilitation programs, veterans’ programs, or

any other program for individuals with disabilities, including the promotion of job opportunities for such individuals. The Secretary shall encourage such State agencies 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, and advancement of individuals with disabilities by each department, agency, and instrumentality and the

effectiveness of the affirmative action programs

required by subsection (b) of this section, together with recommendations as to legislation

which have been submitted to the Commission

under subsection (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) and (c) of this section.

(e) Federal work experience without pay; nonFederal status

An individual who, as a part of an individualized written rehabilitation program under a

State plan 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.