A bill to amend Section 3102 of title 5, United States Code and section 7 of the Federal Advisory Committee Act to permit the employment of personal assistants for handicapped Federal employees both at their regular duty station and while on travel status.
PL 96-523 (H.R.7466), enacted 12/12/1980

PUBLIC LAW 96-523—DEC. 12, 1980 
94 STAT. 3039 
Public Law 96-528 
96th Congress 
An Act 
To amend section 3102 of title 5, United States Code, and section 7 of the Federal 
Advisory Committee Act to permit the employment of personal assistants for 
handicapped Federal employees both at their regular duty station and while on 
travel status. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) section 3102 
of title 5, United States Code, is amended to read as follows: 
**§3102. Employment of personal assistants for 
handicapped 
employees, including blind and deaf employees 
"(a) For the purpose of this section— 
"(1) 'agency' means— 
"(A) an Executive agency; and 
"(B) the Library of Congress; 
"(2) 'handicapped employee' means an individual employed by 
an agency who is blind or deaf or who otherwise qualifies as a 
handicapped individual within the meaning of section 501 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794); and 
"(3) 'nonprofit organization' means an organization deter-
mined by the Secretary of the Treasury to be an organization 
described in section 501(c) of the Internal Revenue Code of 1954 
(26 U.S.C. 501(c)) which is exempt from taxation under section 
501(a) of such Code. 
"Ok))(l) The head of each agency may employ one or more personal 
assistants who the head of the agency determines are necessary to 
enable a handicapped employee of that agency to perform the 
employee's official duties and who shall serve without pay from the 
agency, without regard to— 
"(A) the provisions of this title governing appointment in the 
competitive service; 
"(B) chapter 51 and subchapter III of chapter 53 of this title; 
and 
"(C) section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)). 
Such emplojnnent may include the emplojdng of a reading assistant 
or assistants for a blind employee or an interpreting assistant or 
assistants for a deaf employee. 
"(2) A personal assistant, including a reading or interpreting 
assistant, employed under this subsection may receive pay for serv-
ices performed by the assistant from the handicapped employee or a 
nonprofit organization, without regard to section 209 of title 18. 
"(c) The head of each agency may also employ or assign one or more 
personal assistants who the head of the agency determines are 
necessary to enable a handicapped employee of that agency to 
perform the employee's official duties. Such employment may include 
the employing of a reading assistant or assistants for a blind 
employee or an interpreting assistant or assistants for a deaf 
employee. 
Dec. 12, 1980 
[H.R. 7466] 
Handicapped 
Federal 
employees. 
Personal 
assistants, 
employment. 
Definitions. 
29 u s e 791. 
5 u s e 5101 et 
seq, 5331. 
94 STAT. 3040 
PUBLIC LAW 96-523—DEC. 12, 1980 
Travel expenses. 
Payment 
limitation. 
5 u s e 8101 
et seq. 
Ante, p. 3039. 
29 u s e 791. 
Ante, p. 3039. 
Effective date. 
5 u s e 3102 note. 
"(d)(1) In the case of any handicapped employee (including a blind 
or deaf employee) traveling on official business, the head of the 
agency may authorize the payment to an individual to accompany or 
assist (or both) the handicapped employee for all or a portion of the 
travel period involved. Any payment under this subsection to such an 
individual may be made either directly to that individual or by 
advancement or reimbursement to the handicapped employee. 
"(2) With respect to any individual paid to accompany or assist a 
handicapped employee under paragraph (1) of this subsection— 
"(A) the amount paid to that individual shall not exceed the 
limit or limits which the Office of Personnel Management shall 
prescribe by regulation to ensure that the payment does not 
exceed amounts (including pay and, if appropriate, travel 
expenses and per diem allowances) which could be paid to an 
employee assigned to accompany or assist the handicapped 
employee; and 
(B) that individual shall be considered an employee, but only 
for purposes of chapter 81 of this title (relating to compensation 
for injury) and sections 2671 through 2680 of title 28 (relating to 
tort claims). 
"(e) This section may not be held or considered to prevent or limit 
in any way the assignment to a handicapped employee (including a 
blind or deaf employee) by an agency of clerical or secretarial 
assistance, at the expense of the agency under statutes and regula-
tions currently applicable at the time, if that assistance normally is 
provided, or authorized to be provided, in that manner under cur-
rently applicable statutes and regulations.". 
Ot)) The item relating to section 3102 in the analysis of chapter 31 of 
title 5, United States Code, is amended to read as follows: 
"3102. Employment of personal assistants for handicapped employees, including 
blind and deaf employees.". 
(c)(1) Section 604(a)(16)(A) of title 28, United States Code, is 
amended by striking out "3102" and inserting in lieu thereof 
"3102(b)". 
(2) Section 410(b)(1) of title 39, United States Code, is amended by 
striking out "3102 (emplo5mient of reading assistants for blind 
employees and interpreting assistants for deaf employees)," and 
inserting in lieu thereof 
section 3102 (employment of personal 
assistants for blind, deaf, or otherwise handicapped employees),". 
SEC. 2. Section 7(d)(1) of the Federal Advisory Committee Act (5 
U.S.C. App.) is amended by striking out "and" at the end of subpara-
graph (A), by striking out the period at the end of subparagraph (B) 
and inserting "; and" in lieu thereof, and by adding at the end thereof 
the following new subparagraph: 
"(C) such members— 
"(i) who are blind or deaf or who otherwise qualify as 
handicapped individuals (within the meaning of section 501 
of the Rehabilitation Act of 1973 (29 U.S.C. 794)), and 
"(ii) who do not otherwise qualify for assistance under 
section 3102 of title 5, United States Code, by reason of being 
an employee of an agency (within the meaning of section 
3102(a)(1) of such title 5), 
may be provided services pursuant to section 3102 of such title 5 
while in performance of their advisory committee duties.". 
SEC. 3. The amendments made by this Act shall take effect sixty 
days after the date of the enactment of this Act. 
SEC. 4. (a) Section 8332 of title 5, United States Code, is amended by 
adding at the end thereof the following new subsection: 
PUBLIC LAW 96-523—DEC. 12, 1980 
94 STAT. 3041 
"(m)(l) Upon application to the Office of Personnel Management, 
any individual who is an employee on the date of the enactment of 
this subsection, and who has on such date or thereafter acquires 5 
years or more of creditable civilian service under this section (exclu-
sive of service for which credit is allowed under this subsection) shall 
be allowed credit (as service as a Congressional employee) for service 
before the date of the enactment of this subsection while employed by 
the Democratic Senatorial Campaign Committee, the Republican 
Senatorial Campaign Committee, the Democratic National Congres-
sional Committee, or the Republican National Congressional Com-
mittee, i
f
— 
"(A) such employee has at least 5 years service on such 
committees as of the effective date of this section, and 
"(B) such employee makes a deposit to the Fund in an amount 
equal to the amount which would be required under section 
8334(c) of this title if such service were service as a Congressional 
employee. 
"(2) The Office shall accept the certification of the President of the 
Senate (or his designee) or the Speaker of the House (or his designee), 
as the case may be, concerning the service of, and the amount of 
compensation received by, an employee with respect to which credit 
is to be sought under this subsection. 
"(3) An individual receiving credit for service for any period under 
this subsection shall not be granted credit for such service under the 
provisions of the Social Security Act.". 
(b) The amendments made by this section shall take effect on the 
date of the enactment of this Act. 
Federal civilian 
employees, 
service credit. 
5 u s e 8334. 
Service and 
compensation. 
42 u s e 1305. 
Effective date. 
5 u s e 8332 note. 
Approved December 12, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1279 (eomm. on Post Office and eivil Service). 
eONGRESSIONAL REOORD, Vol. 126 (1980): 
Sept. 8, considered and passed House. 
Nov. 21, considered and passed Senate, amended. 
Dec. 1, House concurred in Senate amendment.