29-U.S.C.-793
§793 – Employment Under Federal Contracts
Pathway
Title 29 > Chapter 16 > Subchapter V > Section 793
Details
- Reference: Section 793
- Legend: §793 – Employment Under Federal Contracts
- USCode Year: 2013
Provision Content
(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 contractors or subcontractors facilities that are found to be in all respects separate and distinct from activities of the prime contractor or subcontractor related to the performance of the contract or subcontract, if the Secretary of Labor also finds that such a waiver will not interfere with or impede the effectuation of this chapter.
(B) Such waivers shall be considered only upon the request of the contractor or subcontractor. The Secretary of Labor shall promulgate regulations that set forth the standards used for granting such a waiver.
(d) Standards used in determining violation of section
The standards used to determine whether this section has been violated in a complaint alleging nonaffirmative action employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.
(e) Avoidance of duplicative efforts and inconsistencies
The Secretary shall develop procedures to ensure that administrative complaints filed under this section and under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this section and the Americans with Disabilities Act of 1990.
(Pub. L. 93–112, title V, §503, Sept. 26, 1973, 87 Stat. 393; Pub. L. 95–602, title I, §122(d)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title I, §103(d)(2)(B), (C), title X, §§1001(f)(2), (3), 1002(e)(3), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844; Pub. L. 100–630, title II, §206(c), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title I, §102(p)(31), title V, §505, Oct. 29, 1992, 106 Stat. 4360, 4427.)
References in Text
The Americans with Disabilities Act of 1990, referred to in subsecs. (d) and (e), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. Title I of the Act is classified generally to subchapter I (§12111 et seq.) of chapter 126 of Title 42. 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.
Amendments
1992—Subsec. (a). Pub. L. 102–569, §§102(p)(31)(A), 505(a), substituted $10,000 for $2,500 in two places, struck out , in employing persons to carry out such contract, after contain a provision requiring that, and substituted individuals with disabilities for individuals with handicaps as defined in section 706(8) of this title.
Subsec. (b). Pub. L. 102–569, §102(p)(31)(B), substituted individual with a disability for individual with handicaps and individuals with disabilities for individuals with handicaps.
Subsec. (c). Pub. L. 102–569, §505(b), designated existing provisions as par. (1) and added par. (2).
Subsecs. (d), (e). Pub. L. 102–569, §505(c), added subsecs. (d) and (e).
1988—Subsec. (a). Pub. L. 100–630, §206(c)(1), inserted a comma after to carry out such contract.
Subsec. (b). Pub. L. 100–630, §206(c)(2), substituted refused for refuses.
Subsec. (c). Pub. L. 100–630, §206(c)(3), substituted which the President for which The President and when the President for when The President.
1986—Subsec. (a). Pub. L. 99–506, §§103(d)(2)(C), 1002(e)(3), substituted individuals with handicaps for handicapped individuals and section 706(8) of this title for section 706(7) of this title.
Subsec. (b). Pub. L. 99–506, §§103(d)(2)(B), (C), 1001(f)(2), substituted individual with handicaps for handicapped individual, individuals with handicaps for handicapped individuals, and a contract for his contract.
Subsec. (c). Pub. L. 99–506, §1001(f)(3), substituted The President for he in two places and substituted the reasons for his reasons.
1978—Subsec. (a). Pub. L. 95–602 substituted section 706(7) of this title for section 706(6) of this title.
U.S. Encyclopedia of Law Coverage
29-U.S.C.-784 in the Legal Encyclopedia: Labor
In this entry about 29-U.S.C.-784, find legal reference material, bibliographies and premiere content related to labor in the American Encyclopedia of Law, presenting a comprehensive view of the United States labor-specific issues, written by authorities in the field.
29-U.S.C.-785 in the Legal Encyclopedia: Labor Rehabilitation Services
In this entry about 29-U.S.C.-785, find legal reference material, bibliographies and premiere content related to labor rehabilitation services in the American Encyclopedia of Law, presenting a comprehensive view of the United States labor rehabilitation services-specific issues, written by authorities in the field.
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