§ 793. Employment under Federal contracts

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1973

   Rehabilitation Act of 1973

   Pub. L. 93–112 title V § 503 · 87 Stat. 355

   Enacted · 29 U.S.C. § 793

   Pub. L. 93–112, title V, § 503, Sept. 26, 1973, 87 Stat. 393

   Source evidence

   Code source credit
   Pub. L. 93–112, title V, § 503, Sept. 26, 1973, 87 Stat. 393

   Enacted provision · exact public law section
   Sec. 503. employment under federal contracts (a) Any contract in excess of $2,500 entered into by any Federal department or agency for the procurement of personal property and non personal services (including construction) for the United States shall contain a provision requiring that, in employing persons to carry out such contract the party contracting with the United States shall take affirmative action to employ and advance in employment qualified handicapped individuals as defined in section 7(6). Ante, p. 361. The provisions of this section shall apply to any subcontract in excess of $2,500 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 the date of enactment of this section. (b) If any handicapped individual believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to employment of handicapped individuals, 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 anti circumstances warrant, consistent with the terms of such contract and the laws and regulations applicable thereto. (c) 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 he shall prescribe, when he determines that special circumstances in the national interest so require and states in writing his reasons for such determination.

2. 1978

   Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978

   Pub. L. 95–602 title I § 122(d)(1) · 92 Stat. 2955

   Substituted · 29 U.S.C. § 793(a)

   Pub. L. 95–602 substituted “section 706(7) of this title” for “section 706(6) of this title”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–602 substituted “section 706(7) of this title” for “section 706(6) of this title”.

   Enacted provision · exact public law section
   (1) in section 29 USC 793. 503(a), by striking out “as defined in section 7(6)” and inserting in lieu thereof “as defined in section 7(7); 29 USC 706. and

3. 1986

   Pub. L. 99–506 title I § 103(d)(2)(B) · 100 Stat. 1807

   1. Substituted · 29 U.S.C. § 793(a)

      Pub. L. 99–506, §§ 103(d)(2)(C), 1002(e)(3), substituted “individuals with handicaps” for “handicapped individuals”

   2. Substituted · 29 U.S.C. § 793(a)

      Pub. L. 99–506, §§ 103(d)(2)(C), 1002(e)(3), substituted “section 706(8) of this title” for “section 706(7) of this title”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) by striking out “handicapped individual” each place it appears and inserting in lieu thereof “individual with handicaps”; and

4. 1986

   Pub. L. 99–506 title I § 103(d)(2)(B) · 100 Stat. 1807

   1. Substituted · 29 U.S.C. § 793(b)

      Pub. L. 99–506, §§ 103(d)(2)(B), (C), 1001(f)(2), substituted “individual with handicaps” for “handicapped individual”

   2. Substituted · 29 U.S.C. § 793(b)

      Pub. L. 99–506, §§ 103(d)(2)(B), (C), 1001(f)(2), substituted “individuals with handicaps” for “handicapped individuals”

   3. Substituted · 29 U.S.C. § 793(b)

      Pub. L. 99–506, §§ 103(d)(2)(B), (C), 1001(f)(2), substituted “a contract” for “his contract”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) by striking out “handicapped individual” each place it appears and inserting in lieu thereof “individual with handicaps”; and

5. 1986

   Pub. L. 99–506 § 1001(f)(3) · 100 Stat. 1807

   1. Substituted · 29 U.S.C. § 793(c)

      Pub. L. 99–506, § 1001(f)(3), substituted “The President” for “he” in two places

   2. Substituted · 29 U.S.C. § 793(c)

      Pub. L. 99–506, § 1001(f)(3), substituted “the reasons” for “his reasons”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–506, § 1001(f)(3), substituted “The President” for “he” in two places and substituted “the reasons” for “his reasons”.

   Enacted provision · exact public law section
   (3) Section 503(c) of the Act is amended by striking out “he” both places it appears and inserting in lieu thereof “The President”, and by striking out “his” and inserting in lieu thereof “the”.

6. 1988

   Handicapped Programs Technical Amendments Act of 1988

   Pub. L. 100–630 § 206(c)(1) · 102 Stat. 3289

   Inserted · 29 U.S.C. § 793(a)

   Pub. L. 100–630, § 206(c)(1), inserted a comma after “to carry out such contract”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–630, § 206(c)(1), inserted a comma after “to carry out such contract”.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting a comma in the first sentence after “to carry out such contract”;

7. 1988

   Handicapped Programs Technical Amendments Act of 1988

   Pub. L. 100–630 § 206(c)(2) · 102 Stat. 3289

   Substituted · 29 U.S.C. § 793(b)

   Pub. L. 100–630, § 206(c)(2), substituted “refused” for “refuses”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–630, § 206(c)(2), substituted “refused” for “refuses”.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “refuses” in the first sentence and inserting “refused”; and

8. 1988

   Handicapped Programs Technical Amendments Act of 1988

   Pub. L. 100–630 § 206(c)(3) · 102 Stat. 3289

   1. Substituted · 29 U.S.C. § 793(c)

      Pub. L. 100–630, § 206(c)(3), substituted “which the President” for “which The President”

   2. Substituted · 29 U.S.C. § 793(c)

      Pub. L. 100–630, § 206(c)(3), substituted “when the President” for “when The President”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (3) in subsection (c), by striking “The President” each place it appears and inserting “the President”.

9. 1992

   Rehabilitation Act Amendments of 1992

   Pub. L. 102–569 title I § 102(p)(31) · 106 Stat. 4344

   1. Substituted · 29 U.S.C. § 793(a)

      Pub. L. 102–569, §§ 102(p)(31)(A), 505(a), substituted “$10,000” for “$2,500” in two places

   2. Struck · 29 U.S.C. § 793(a)

      Pub. L. 102–569, §§ 102(p)(31)(A), 505(a), struck out “, in employing persons to carry out such contract,” after “contain a provision requiring that”

   3. Substituted · 29 U.S.C. § 793(a)

      Pub. L. 102–569, §§ 102(p)(31)(A), 505(a), substituted “individuals with disabilities” for “individuals with handicaps as defined in section 706(8) of this title”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (31) Section 503 (29 U.S.C. 793) is amended— (A) in subsection (a), by striking “handicaps as defined in section 7(8)” and inserting “disabilities”; and (B) in subsection (b)— (i) by striking “individual with handicaps” and inserting “individual with a disability”; and (ii) by striking “individuals with handicaps” each place such term appears and inserting “individuals with disabilities”.

10. 1992

    Rehabilitation Act Amendments of 1992

    Pub. L. 102–569 § 102(p)(31)(B) · 106 Stat. 4344

    1. Substituted · 29 U.S.C. § 793(b)

       Pub. L. 102–569, § 102(p)(31)(B), substituted “individual with a disability” for “individual with handicaps”

    2. Substituted · 29 U.S.C. § 793(b)

       Pub. L. 102–569, § 102(p)(31)(B), substituted “individuals with disabilities” for “individuals with handicaps”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (B) in subsection (b)— (i) by striking “individual with handicaps” and inserting “individual with a disability”; and (ii) by striking “individuals with handicaps” each place such term appears and inserting “individuals with disabilities”.

11. 1992

    Rehabilitation Act Amendments of 1992

    Pub. L. 102–569 § 505(b) · 106 Stat. 4344

    1. Amended · 29 U.S.C. § 793(c)

       Pub. L. 102–569, § 505(b), designated existing provisions as par. (1)

    2. Added · 29 U.S.C. § 793(c)

       Pub. L. 102–569, § 505(b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–569, § 505(b), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (b) Waiver.— Section 503(c) (29 U.S.C. 793(c)) is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following: “(2) (A) The Secretary of Labor may waive the requirements of the affirmative action clause required by regulations promulgated under subsection (a) 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 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 Act. “(B) Such waivers shall be considered only upon the request Regulations. of the contractor or subcontractor. The Secretary of Labor shall promulgate regulations that set forth the standards used for granting such a waiver.”.

12. 1992

    Rehabilitation Act Amendments of 1992

    Pub. L. 102–569 § 505(c) · 106 Stat. 4344

    Added · 29 U.S.C. § 793(d); 29 U.S.C. § 793(e)

    Pub. L. 102–569, § 505(c), added subsecs. (d) and (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 102–569, § 505(c), added subsecs. (d) and (e).

    Enacted provision · exact public law section
    (c) Standards and Procedures.— Section 503 (29 U.S.C. 793) is amended by adding at the end the following: “(d) 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) The Secretary shall develop procedures to ensure that administrative complaints filed under this section and under the Americans with Disabilities Act of 1990 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.”.

21 of 21 references resolved to an enrolled provision