29 Usc 791

Page 251

§ 791

TITLE 29—LABOR

Another prior section 783, Pub. L. 93–112, title IV,
§ 403, Sept. 26, 1973, 87 Stat. 387; Pub. L. 93–516, title I,
§ 108, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I,
§ 108, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 8,
11(b)(11), Mar. 15, 1976, 90 Stat. 212, 213, authorized appropriations to conduct program and project evaluations, prior to repeal by Pub. L. 95–602, § 117.

necessary for each of the fiscal years 1999
through 2003.

§ 784. Administrative powers of National Council

A prior section 785, Pub. L. 93–112, title IV, § 405, as
added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat.
2979; amended Pub. L. 99–506, title V, § 504, Oct. 21, 1986,
100 Stat. 1829; Pub. L. 102–52, § 5, June 6, 1991, 105 Stat.
262; Pub. L. 102–569, title IV, § 406, Oct. 29, 1992, 106 Stat.
4423, authorized appropriations, prior to the general
amendment of this subchapter by Pub. L. 105–220.
Another prior section 785, Pub. L. 93–112, title IV,
§ 405, Sept. 26, 1973, 87 Stat. 388; Pub. L. 93–516, title I,
§§ 109, 111(m), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L.
93–651, title I, §§ 109, 111(m), Nov. 21, 1974, 89 Stat. 2–4,
2–6; Pub. L. 94–230, §§ 9, 11(b)(12), Mar. 15, 1976, 90 Stat.
212, 213, specified certain responsibilities of the Secretary, prior to repeal by Pub. L. 95–602, § 117.
Prior sections 786 and 787 were repealed by Pub. L.
95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977.
Section 786, Pub. L. 93–112, title IV, § 406, Sept. 26,
1973, 87 Stat. 389; S. Res. 4, Feb. 4, 1977, provided that
the Secretary conduct a study on the role of sheltered
workshops in the rehabilitation and employment of
handicapped individuals and report the results of this
study to Congress within twenty-four months after
Sept. 26, 1973.
Section 787, Pub. L. 93–112, title IV, § 407, Sept. 26,
1973, 87 Stat. 389, provided that the Secretary conduct
a study on allotment of funds among the States for
grants for basic vocational rehabilitation and report
the results of this study to Congress not later than
June 30, 1974.

(a) Bylaws and rules
The National Council may prescribe such bylaws and rules as may be necessary to carry out
its duties under this subchapter.
(b) Hearings
The National Council may hold such hearings,
sit and act at such times and places, take such
testimony, and receive such evidence as it
deems advisable.
(c) Advisory committees
The National Council may appoint advisory
committees to assist the National Council in
carrying out its duties. The members thereof
shall serve without compensation.
(d) Use of mails
The National Council may use the United
States mails in the same manner and upon the
same conditions as other departments and agencies of the United States.
(e) Use of services, personnel, information, and
facilities
The National Council may use, with the consent of the agencies represented on the Interagency Disability Coordinating Council, and as
authorized in subchapter V of this chapter, such
services, personnel, information, and facilities
as may be needed to carry out its duties under
this subchapter, with or without reimbursement
to such agencies.
(Pub. L. 93–112, title IV, § 404, as added Pub. L.
105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1201.)
PRIOR PROVISIONS
A prior section 784, Pub. L. 93–112, title IV, § 404, as
added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat.
2979; amended Pub. L. 102–569, title IV, § 405, Oct. 29,
1992, 106 Stat. 4423, related to administrative powers of
National Council, prior to the general amendment of
this subchapter by Pub. L. 105–220.
Another prior section 784, Pub. L. 93–112, title IV,
§ 404, Sept. 26, 1973, 87 Stat. 387, directed Secretary to
submit annual reports to the President and to Congress
on activities carried out under this chapter, prior to repeal by Pub. L. 95–602, § 117.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees 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 committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by the Congress, its duration
is otherwise provided for by law. See section 14 of Pub.
L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 785. Authorization of appropriations
There are authorized to be appropriated to
carry out this subchapter such sums as may be

(Pub. L. 93–112, title IV, § 405, as added Pub. L.
105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1202.)
PRIOR PROVISIONS

SUBCHAPTER V—RIGHTS AND ADVOCACY
§ 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

§ 791

TITLE 29—LABOR

jointly determine, from time to time, to be appropriate. The resources of the President’s Disability Employment Partnership Board and the
President’s Committee for People with Intellectual Disabilities 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 the Smithsonian Institution, 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 Regulatory Commission) in the
executive branch and the Smithsonian Institution 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, instrumentality, or
Institution. 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

Page 252

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
Smithsonian Institution 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 plan for employment 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.
(f) Federal agency cooperation; special consideration for positions on President’s Committee
on Employment of People With Disabilities
(1) The Secretary of Labor and the Secretary
of Education are authorized and directed to cooperate with the President’s Committee on Employment of People With Disabilities in carrying
out its functions.
(2) In selecting personnel to fill all positions
on the President’s Committee on Employment
of People With Disabilities, special consideration shall be given to qualified individuals with
disabilities.
(g) 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
510,1 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.
(Pub. L. 93–112, title V, § 501, Sept. 26, 1973, 87
Stat. 390; Pub. L. 98–221, title I, § 104(b)(3), Feb.
22, 1984, 98 Stat. 18; Pub. L. 99–506, title I,
§ 103(d)(2)(C), title X, §§ 1001(f)(1), 1002(e)(1),
(2)(A), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844; Pub.
L. 100–630, title II, § 206(a), Nov. 7, 1988, 102 Stat.
3310; Pub. L. 102–54, § 13(k)(1)(B), June 13, 1991, 105
Stat. 276; Pub. L. 102–569, title I, § 102(p)(29), title
V, § 503, Oct. 29, 1992, 106 Stat. 4360, 4424; Pub. L.
103–73, title I, § 112(a), Aug. 11, 1993, 107 Stat. 727;
Pub. L. 105–220, title III, § 341(c), title IV,
1 See

References in Text note below.

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§ 408(a)(1), Aug. 7, 1998, 112 Stat. 1092, 1202; Pub.
L. 109–435, title VI, § 604(d), Dec. 20, 2006, 120 Stat.
3242; Pub. L. 111–256, § 2(d)(3), Oct. 5, 2010, 124
Stat. 2643.)
REFERENCES IN TEXT
Level IV of the Executive Schedule, referred to in
subsec. (a), is set out in section 5315 of Title 5, Government Organization and Employees.
The Americans with Disabilities Act of 1990, referred
to in subsec. (g), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327. Title I of the Act is classified generally to
subchapter I (§ 12111 et seq.) of chapter 126 of Title 42,
The Public Health and Welfare. Section 510 of the Act
was renumbered section 511 by Pub. L. 110–325, § 6(a)(2),
Sept. 25, 2008, 122 Stat. 3558. For complete classification
of this Act to the Code, see Short Title note set out
under section 12101 of Title 42 and Tables.
PRIOR PROVISIONS
Prior similar provisions were set out in section 38 of
this title.
AMENDMENTS
2010—Subsec. (a). Pub. L. 111–256 substituted ‘‘President’s Disability Employment Partnership Board and
the President’s Committee for People with Intellectual
Disabilities’’ for ‘‘President’s Committees on Employment of People With Disabilities and on Mental Retardation’’.
2006—Subsec. (b). Pub. L. 109–435, § 604(d), substituted
‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Office’’.
1998—Subsec. (a). Pub. L. 105–220, § 408(a)(1)(A), substituted ‘‘President’s Committees on Employment of
People With Disabilities’’ for ‘‘President’s Committees
on Employment of the Handicapped’’ in third sentence.
Pub. L. 105–220, § 341(c)(1), inserted ‘‘and the Smithsonian Institution’’ after ‘‘Government’’ in fourth sentence.
Subsec. (b). Pub. L. 105–220, § 341(c)(2), in first sentence, inserted ‘‘and the Smithsonian Institution’’
after ‘‘in the executive branch’’ and substituted ‘‘such
department, agency, instrumentality, or Institution’’
for ‘‘such department, agency, or instrumentality’’.
Subsec. (d). Pub. L. 105–220, § 341(c)(3), inserted ‘‘and
the Smithsonian Institution’’ after ‘‘instrumentality’’.
Subsec. (e). Pub. L. 105–220, § 408(a)(1)(B), substituted
‘‘individualized plan for employment’’ for ‘‘individualized written rehabilitation program’’.
1993—Subsec. (a). Pub. L. 103–73 in first sentence inserted comma after ‘‘Veterans Affairs’’.
1992—Pub. L. 102–569, § 102(p)(29)(A), substituted ‘‘disabilities’’ for ‘‘handicaps’’ in section catchline.
Subsec. (a). Pub. L. 102–569, § 503(a), substituted ‘‘the
Director of the Office of Personnel Management, the
Secretary of Veterans Affairs’’ for ‘‘the Secretary of
Veterans Affairs, and’’, and amended second sentence
generally. Prior to amendment, second sentence read
as follows: ‘‘The Secretary of Education and the Chairman of the Commission shall serve as co-chairpersons
of the Committee.’’
Pub. L. 102–569, § 102(p)(29)(B), (C), substituted ‘‘Interagency Committee on Employees who are Individuals
with Disabilities’’ for ‘‘Interagency Committee on
Handicapped Employees’’ and ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’ in two places.
Subsec. (b). Pub. L. 102–569, § 102(p)(29)(C), (D), substituted ‘‘individuals with disabilities’’ for ‘‘individuals
with handicaps’’ after ‘‘advancement of’’ and after ‘‘opportunities for’’ and ‘‘employees who are individuals
with disabilities’’ for ‘‘employees with handicaps’’.
Subsecs. (c), (d), (f)(2). Pub. L. 102–569, § 102(p)(29)(C),
substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’.
Subsec. (g). Pub. L. 102–569, § 503(b), added subsec. (g).
1991—Subsec. (a). Pub. L. 102–54 substituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Administrator of Veterans’ Affairs’’.

§ 791

1988—Subsec. (a). Pub. L. 100–630, § 206(a)(3)(C), which
directed substitution of ‘‘Employment of People With
Disabilities’’ for ‘‘Employment of the Handicapped’’ in
second sentence, could not be executed because the
words did not appear in second sentence.
Pub. L. 100–630, § 206(a)(1)–(3)(B), (4), inserted ‘‘(hereafter in this section referred to as the ‘Commission’)’’
after first reference to ‘‘Equal Employment Opportunity Commission’’ and substituted ‘‘Commission’’ for
‘‘Equal Opportunity Employment Commission’’ wherever appearing, ‘‘Secretary of Labor, the Secretary of
Education, and the Secretary of Health and Human
Services’’ for ‘‘Secretaries of Labor and Education and
Health and Human Services’’ in first sentence, ‘‘cochairpersons’’ for ‘‘co-chairmen’’ in second sentence,
and ‘‘Commission’’ for ‘‘Office’’ in cl. (2).
Subsec. (b). Pub. L. 100–630, § 206(a)(2), (5), substituted
‘‘submit to the Commission’’ for ‘‘submit to the Equal
Employment Opportunity Commission’’, ‘‘employees
with handicaps’’ for ‘‘handicapped employees’’, and
‘‘Commission, if the Commission determines’’ for ‘‘Office, if the Office determines’’.
Subsecs. (c), (d). Pub. L. 100–630, § 206(a)(2), substituted ‘‘Commission’’ for ‘‘Equal Opportunity Employment Commission’’ wherever appearing.
Subsec. (e). Pub. L. 100–630, § 206(a)(6), substituted ‘‘an
individualized’’ for ‘‘a individualized’’.
Subsec. (f)(1), (2). Pub. L. 100–630, § 206(a)(7), substituted ‘‘Employment of People With Disabilities’’ for
‘‘Employment of the Handicapped’’.
1986—Pub. L. 99–506, § 103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’
in section catchline.
Subsecs. (a) to (c). Pub. L. 99–506, §§ 103(d)(2)(C),
1002(e)(1), substituted ‘‘Equal Employment Opportunity
Commission’’ for ‘‘Office of Personnel Management’’
and ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing.
Subsec. (d). Pub. L. 99–506, §§ 103(d)(2)(C), 1002(e)(1),
(2)(A), substituted ‘‘Equal Employment Opportunity
Commission’’ for ‘‘Office of Personnel Management’’
wherever appearing, ‘‘individuals with handicaps’’ for
‘‘handicapped individuals’’, and ‘‘of the activities’’ for
‘‘of the the activities’’.
Subsec. (e). Pub. L. 99–506, § 1001(f)(1), substituted ‘‘a
individualized’’ for ‘‘his individualized’’.
Subsec. (f)(2). Pub. L. 99–506, § 103(d)(2)(C), substituted
‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’.
1984—Subsec. (a). Pub. L. 98–221, § 104(b)(3)(A)–(D),
substituted ‘‘the Chairman of the Office of Personnel
Management’’ and ‘‘Education and Health and Human
Services’’ for ‘‘the Chairman of the Civil Service Commission’’ and ‘‘Health, Education, and Welfare’’, respectively, in first sentence, ‘‘Secretary of Education and
the Chairman of the Office of Personnel Management’’
for ‘‘Secretary of Health, Education, and Welfare and
the Chairman of the Civil Service Commission’’ in second sentence, ‘‘Office of Personnel Management’’ for
‘‘Civil Service Commission’’ in four places, and ‘‘Office’’ for ‘‘Commission’’.
Subsec. (b). Pub. L. 98–221, § 104(b)(3)(C), (D), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil
Service Commission’’ and substituted ‘‘Office’’ for
‘‘Commission’’ in three places.
Subsec. (c). Pub. L. 98–221, § 104(b)(3)(C), substituted
‘‘Office of Personnel Management’’ for ‘‘Civil Service
Commission’’.
Subsec. (d). Pub. L. 98–221, § 104(b)(3)(C), (E), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil
Service Commission’’ in two places and ‘‘the activities
of the Office of Personnel Management’’ for ‘‘Civil
Service Commission’s activities’’.
Subsec. (f)(1). Pub. L. 98–221, § 104(b)(3)(F), substituted
‘‘Secretary of Education’’ for ‘‘Secretary of Health,
Education, and Welfare’’.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 341(c) of Pub. L. 105–220 effective Aug. 7, 1998, and applicable to and may be raised

§ 791

TITLE 29—LABOR

in any administrative or judicial claim or action
brought before Aug. 7, 1998, but pending on such date,
and any administrative or judicial claim or action
brought after such date regardless of whether the claim
or action arose prior to such date, if the claim or action was brought within the applicable statute of limitations, see section 341(d) of Pub. L. 105–220, set out as
a note under section 633a of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Pub. L. 102–569, title I, § 138, Oct. 29, 1992, 106 Stat.
4397, as amended by Pub. L. 103–73, title I, § 102(3), Aug.
11, 1993, 107 Stat. 718, provided that:
‘‘(a) EFFECTIVE DATE.—Except as provided in subsection (b), this title [enacting sections 718 to 718b, 725
to 728a, and 740 to 744 of this title, amending this section and sections 701, 705 to 707, 709, 711 to 715, 717, 720
to 724, 730 to 732, 740, 741, 750, 761a to 762, 770, 772 to 776,
777a, 777b, 777d to 777f, 780, 781, 783, 792 to 794, 795, 795d,
795e, and 795h of this title, repealing section 752 of this
title, enacting provisions set out as notes under section
712 of this title, and amending provisions set out as a
note under section 701 of this title] and the amendments made by this title shall take effect on the date
of enactment of this Act [Oct. 29, 1992].
‘‘(b) COMPLIANCE.—Each State agency subject to the
provisions of title I of the Rehabilitation Act of 1973 [29
U.S.C. 720 et seq.] shall comply with the amendments
made by this subtitle [subtitle B (§§ 121–138) of title I of
Pub. L. 102–569, enacting sections 725 to 728a and 740 to
744 of this title, amending sections 705, 720 to 724, and
730 to 732 of this title, and repealing section 752 of this
title], as soon as is practicable after the date of enactment of this Act [Oct. 29, 1992], consistent with the effective and efficient administration of the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], but not later
than October 1, 1993.’’
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–506, title X, § 1006, Oct. 21, 1986, 100 Stat.
1846, provided that: ‘‘Except as otherwise provided in
this Act [see Short Title of 1986 Amendment note set
out under section 701 of this title], this Act shall take
effect on the date of its enactment [Oct. 21, 1986].’’
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which reports required
under subsecs. (a) and (d) of this section are listed on
page 188), see section 3003 of Pub. L. 104–66, set out as
a note under section 1113 of Title 31, Money and Finance.
EXECUTIVE ORDER NO. 10640
Ex. Ord. No. 10640, Oct. 10, 1955, 20 F.R. 7717, formerly
set out as a note under section 39 of this title, which related to President’s Committee on Employment of the
Physically Handicapped, was superseded by section 6(a)
of Ex. Ord. No. 10994, Feb. 14, 1962, 27 F.R. 1447, which
established President’s Committee on Employment of
the Handicapped.
EXECUTIVE ORDER NO. 10994
Ex. Ord. No. 10994, Feb. 14, 1962, 27 F.R. 1447, as
amended by Ex. Ord. No. 11018, Apr. 27, 1962, 27 F.R.
4143, which established the President’s Committee on
Employment of the Handicapped, was superseded by Ex.
Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, formerly set
out below.
EXECUTIVE ORDER NO. 11480
Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, as
amended by Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R.
1053; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617,
which established and provided for the functions of the
President’s Committee on Employment of the Handi-

Page 254

capped, was superseded by Ex. Ord. No. 12640, May 10,
1988, 53 F.R. 16996, formerly set out below.
EX. ORD. NO. 11830. ENLARGING MEMBERSHIP OF
INTERAGENCY COMMITTEE ON HANDICAPPED EMPLOYEES
Ex. Ord. No. 11830, Jan. 9, 1975, 40 F.R. 2411, as amended by Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex.
Ord. No. 12450, Dec. 9, 1983, 48 F.R. 55409; Ex. Ord. No.
12672, Mar. 21, 1989, 54 F.R. 12167; Ex. Ord. No. 12704, § 1,
Feb. 26, 1990, 55 F.R. 6969, provided:
By virtue of the authority vested in me by section
501(a) of the Rehabilitation Act of 1973 (Public Law
93–112; 87 Stat. 390) [subsec. (a) of this section], it is
hereby ordered as follows:
SECTION 1. In accord with Section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and Section 4 of Reorganization Plan No. 1 of 1978 (43 FR 19808) [set out in
the Appendix to Title 5, Government Organization and
Employees], the Interagency Committee on Handicapped Employees is enlarged and composed of the following, or their designees whose positions are Executive level IV or higher:
(1) Secretary of Defense.
(2) Secretary of Labor.
(3) Secretary of Education, Co-Chairman.
(4) Director of the Office of Personnel Management.
(5) Administrator of Veterans Affairs.
(6) Administrator of General Services.
(7) Chairman of the Federal Communications Commission.
(8) Chairman of the Equal Employment Opportunity
Commission, Co-Chairman.
(9) Secretary of Health and Human Services.
(10) Postmaster General of the United States Postal
Service.
(11) Chairman of the President’s Committee on Employment of People with Disabilities (Ex Officio).
(12) Such other members as the President may designate.
SEC. 2. The Interagency Committee on Handicapped
Employees shall also be referred to as the Interagency
Committee on Employment of People with Disabilities.
EXECUTIVE ORDER NO. 12640
Ex. Ord. No. 12640, May 10, 1988, 53 F.R. 16996, as
amended by Ex. Ord. No. 12945, Jan. 20, 1995, 60 F.R.
4527, which established the President’s Committee on
Employment of People with Disabilities, the Executive
Committee of the President’s Committee on Employment of People with Disabilities, and the Advisory
Council on Employment of People with Disabilities,
and provided for the membership, functions, and administration of those bodies, and superseded Ex. Ord.
No. 11480, was revoked by Ex. Ord. No. 13187, § 4(a), Jan.
10, 2001, 66 F.R. 3858, set out as a note under section 701
of this title.
EX. ORD. NO. 13163. INCREASING THE OPPORTUNITY FOR
INDIVIDUALS WITH DISABILITIES TO BE EMPLOYED IN
THE FEDERAL GOVERNMENT
Ex. Ord. No. 13163, July 26, 2000, 65 F.R. 46563, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to promote an increase in the opportunities for individuals with disabilities to be employed at all levels and occupations of the Federal Government, and to support the goals articulated in section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791),
it is hereby ordered as follows:
SECTION 1. Increasing the Federal Employment Opportunities for Individuals with Disabilities. (a) Recent evidence demonstrates that, throughout the United
States, qualified persons with disabilities have been refused employment despite their availability and qualifications, and many qualified persons with disabilities
are never made aware of available employment opportunities. Evidence also suggests that increased efforts
at outreach, and increased understanding of the reason-

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able accommodations available for persons with disabilities, will permit persons with disabilities to compete for employment on a more level playing field.
(b) Based on current hiring patterns and anticipated
increases from expanded outreach efforts and appropriate accommodations, the Federal Government, over
the next 5 years, will be able to hire 100,000 qualified individuals with disabilities. In furtherance of such efforts, Federal agencies shall:
(1) Use available hiring authorities, consistent with
statutes, regulations, and prior Executive orders and
Presidential Memoranda;
(2) Expand their outreach efforts, using both traditional and nontraditional methods; and
(3) Increase their efforts to accommodate individuals with disabilities.
(c) As a model employer, the Federal Government
will take the lead in educating the public about employment opportunities available for individuals with
disabilities.
(d) This order does not require agencies to create new
positions or to change existing qualification standards
for any position.
SEC. 2. Implementation. Each Federal agency shall prepare a plan to increase the opportunities for individuals
with disabilities to be employed in the agency. Each
agency shall submit that plan to the Office of Personnel Management within 60 days from the date of this
order.
SEC. 3. Authority to Develop Guidance. The Office of
Personnel Management shall develop guidance on the
provisions of this order to increase the opportunities
for individuals with disabilities employed in the Federal Government.
SEC. 4. Judicial Review. This order is intended only to
improve the internal management of the executive
branch and does not create any right or benefit, substantive or procedural, enforceable at law or equity by
a party against the United States, its agencies, its officers, its employees, or any person.
WILLIAM J. CLINTON.
EX. ORD. NO. 13164. REQUIRING FEDERAL AGENCIES TO
ESTABLISH PROCEDURES TO FACILITATE THE PROVISION
OF REASONABLE ACCOMMODATION
Ex. Ord. No. 13164, July 26, 2000, 65 F.R. 46565, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.), as amended, and in order to promote
a model Federal workplace that provides reasonable accommodation for (1) individuals with disabilities in the
application process for Federal employment; (2) Federal employees with disabilities to perform the essential functions of a position; and (3) Federal employees
with disabilities to enjoy benefits and privileges of employment equal to those enjoyed by employees without
disabilities, it is hereby ordered as follows:
SECTION 1. Establishment of Effective Written Procedures
to Facilitate the Provision of Reasonable Accommodation.
(a) Each Federal agency shall establish effective written procedures for processing requests for reasonable
accommodation by employees and applicants with disabilities. The written procedures may allow different
components of an agency to tailor their procedures as
necessary to ensure the expeditious processing of requests.
(b) As set forth in Re-charting the Course: The First Report of the Presidential Task Force on Employment of
Adults with Disabilities (1998), effective written procedures for processing requests for reasonable accommodation should include the following:
(1) Explain that an employee or job applicant may
initiate a request for reasonable accommodation
orally or in writing. If the agency requires an applicant or employee to complete a reasonable accommodation request form for recordkeeping purposes, the
form must be provided as an attachment to the agency’s written procedures;

§ 791

(2) Explain how the agency will process a request
for reasonable accommodation, and from whom the
individual will receive a final decision;
(3) Designate a time period during which reasonable
accommodation requests will be granted or denied,
absent extenuating circumstances. Time limits for
decision making should be as short as reasonably possible;
(4) Explain the responsibility of the employee or applicant to provide appropriate medical information
related to the functional impairment at issue and the
requested accommodation where the disability and/or
need for accommodation is not obvious;
(5) Explain the agency’s right to request relevant
supplemental medical information if the information
submitted does not clearly explain the nature of the
disability, or the need for the reasonable accommodation, or does not otherwise clarify how the requested
accommodation will assist the employee to perform
the essential functions of the job or to enjoy the benefits and privileges of the workplace;
(6) Explain the agency’s right to have medical information reviewed by a medical expert of the agency’s choosing at the agency’s expense;
(7) Provide that reassignment will be considered as
a reasonable accommodation if the agency determines that no other reasonable accommodation will
permit the employee with a disability to perform the
essential functions of his or her current position;
(8) Provide that reasonable accommodation denials
be in writing and specify the reasons for denial;
(9) Ensure that agencies’ systems of recordkeeping
track the processing of requests for reasonable accommodation and maintain the confidentiality of
medical information received in accordance with applicable law and regulations; and
(10) Encourage the use of informal dispute resolution processes to allow individuals with disabilities
to obtain prompt reconsideration of denials of reasonable accommodation. Agencies must also inform individuals with disabilities that they have the right to
file complaints in the Equal Employment Opportunity process and other statutory processes, as appropriate, if their requests for reasonable accommodation are denied.
SEC. 2. Submission of Agency Reasonable Accommodation
Procedures to the Equal Employment Opportunity Commission (EEOC). Within 1 year from the date of this order,
each agency shall submit its procedures to the EEOC.
Each agency shall also submit to the EEOC any modifications to its reasonable accommodation procedures
at the time that those modifications are adopted.
SEC. 3. Collective Bargaining Obligations. In adopting
their reasonable accommodation procedures, agencies
must honor their obligations to notify their collective
bargaining representatives and bargain over such procedures to the extent required by law.
SEC. 4. Implementation. The EEOC shall issue guidance
for the implementation of this order within 90 days
from the date of this order.
SEC. 5. Construction and Judicial Review. (a) Nothing in
this order limits the rights that individuals with disabilities may have under the Rehabilitation Act of 1973,
as amended.
(b) This order is intended only to improve the internal management of the executive branch and does not
create any right or benefit, substantive or procedural,
enforceable at law or equity by a party against the
United States, its agencies, its officers, its employees,
or any person.
WILLIAM J. CLINTON.
EX. ORD. NO. 13548. INCREASING FEDERAL EMPLOYMENT
OF INDIVIDUALS WITH DISABILITIES
Ex. Ord. No. 13548, July 26, 2010, 75 F.R. 45039, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to establish the Federal Govern-

§ 791

TITLE 29—LABOR

ment as a model employer of individuals with disabilities, it is hereby ordered as follows:
SECTION 1. Policy. Approximately 54 million Americans are living with a disability. The Federal Government has an important interest in reducing discrimination against Americans living with a disability, in
eliminating the stigma associated with disability, and
in encouraging Americans with disabilities to seek employment in the Federal workforce. Yet Americans
with disabilities have an employment rate far lower
than that of Americans without disabilities, and they
are underrepresented in the Federal workforce. Individuals with disabilities currently represent just over 5
percent of the nearly 2.5 million people in the Federal
workforce, and individuals with targeted disabilities
(as defined below) currently represent less than 1 percent of that workforce.
On July 26, 2000, in the final year of his administration, President Clinton signed Executive Order 13163,
calling for an additional 100,000 individuals with disabilities to be employed by the Federal Government
over 5 years. Yet few steps were taken to implement
that Executive Order in subsequent years.
As the Nation’s largest employer, the Federal Government must become a model for the employment of
individuals with disabilities. Executive departments
and agencies (agencies) must improve their efforts to
employ workers with disabilities through increased recruitment, hiring, and retention of these individuals.
My Administration is committed to increasing the
number of individuals with disabilities in the Federal
workforce through compliance with Executive Order
13163 and achievement of the goals set forth therein
over 5 years, including specific goals for hiring individuals with targeted disabilities.
SEC. 2. Recruitment and Hiring of Individuals with Disabilities. (a) Within 60 days of the date of this order, the
Director of the Office of Personnel Management, in
consultation with the Secretary of Labor, the Chair of
the Equal Employment Opportunity Commission, and
the Director of the Office of Management and Budget,
shall design model recruitment and hiring strategies
for agencies seeking to increase their employment of
people with disabilities and develop mandatory training programs for both human resources personnel and
hiring managers on the employment of individuals with
disabilities.
(b) Within 120 days of the date the Office of Personnel
Management sets forth strategies and programs required under subsection (a), each agency shall develop
an agency-specific plan for promoting employment opportunities for individuals with disabilities. The plan
shall be developed in consultation with and, as appropriate, subject to approval by the Director of the Office
of Personnel Management and the Director of the Office of Management and Budget, and shall, consistent
with law, include performance targets and numerical
goals for employment of individuals with disabilities
and sub-goals for employment of individuals with targeted disabilities.
(c) Each agency shall designate a senior-level agency
official to be accountable for enhancing employment
opportunities for individuals with disabilities and individuals with targeted disabilities within the agency,
consistent with law, and for meeting the goals of this
order. This official, among other things, shall be accountable for developing and implementing the agency’s plan under subsection (b), creating recruitment
and training programs for employment of individuals
with disabilities and targeted disabilities, and coordinating employment counseling to help match the career aspirations of individuals with disabilities to the
needs of the agency.
(d) In implementing their plans, agencies, to the extent permitted by law, shall increase utilization of the
Federal Government’s Schedule A excepted service hiring authority for persons with disabilities and increase
participation of individuals with disabilities in internships, fellowships, and training and mentoring programs.

Page 256

(e) The Office of Personnel Management shall assist
agencies with the implementation of their plans. The
Director of the Office of Personnel Management, in
consultation with the Director of the Office of Management and Budget, shall implement a system for reporting regularly to the President, the heads of agencies,
and the public on agencies’ progress in implementing
their plans and the objectives of this order. The Office
of Personnel Management, to the extent permitted by
law, shall compile and post on its website Governmentwide statistics on the hiring of individuals with disabilities.
SEC. 3. Increasing Agencies’ Retention and Return to
Work of Individuals with Disabilities. (a) The Director of
the Office of Personnel Management, in consultation
with the Secretary of Labor and the Chair of the Equal
Employment Opportunity Commission, shall identify
and assist agencies in implementing strategies for retaining Federal workers with disabilities in Federal
employment including, but not limited to, training, the
use of centralized funds to provide reasonable accommodations, increasing access to appropriate accessible
technologies, and ensuring the accessibility of physical
and virtual workspaces.
(b) Agencies shall make special efforts, to the extent
permitted by law, to ensure the retention of those who
are injured on the job. Agencies shall work to improve,
expand, and increase successful return-to-work outcomes for those of their employees who sustain workrelated injuries and illnesses, as defined under the Federal Employees’ Compensation Act (FECA), by increasing the availability of job accommodations and light or
limited duty jobs, removing disincentives for FECA
claimants to return to work, and taking other appropriate measures. The Secretary of Labor, in consultation with the Director of the Office of Personnel Management, shall pursue innovative re-employment strategies and develop policies, procedures, and structures
that foster improved return-to-work outcomes, including by pursuing overall reform of the FECA system.
The Secretary of Labor shall also propose specific outcome measures and targets by which each agency’s
progress in carrying out return-to-work and FECA
claims processing efforts can be assessed.
SEC. 4. Definitions. (a) ‘‘Disability’’ shall be defined as
set forth in the ADA Amendments Act of 2008.
(b) ‘‘Targeted disability’’ shall be defined as set forth
on the form for self-identification of disability, Standard Form 256 (SF 256), issued by the Office of Personnel
Management, or any replacements, updates, or revisions thereto.
(c) Not less than 1 year after the date of this order
and in consultation with the Equal Employment Opportunity Commission, the Department of Labor, and the
Office of Management and Budget, the Office of Personnel Management shall review the effectiveness of the
definition of targeted disability set forth in SF 256 and
replace, update, or revise it as appropriate.
SEC. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations, and shall not be construed to require any
Federal employee to disclose disability status involuntarily.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.

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TITLE 29—LABOR

§ 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.
(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 chairperson 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 1 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.
1 So

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

§ 792

(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 information 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;