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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 31 — Authority for Employment

§ 3102. Employment of personal assistants for handicapped employees, including blind and deaf employees

Statutory text

(a)

For the purpose of this section—

(1)

“agency” means—

(A)

an Executive agency;

(B)

the Library of Congress; and

(C)

an office, agency, or other establishment in the judicial branch;

(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); 1 and

(3)

“nonprofit organization” means an organization determined by the Secretary of the Treasury to be an organization described in section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)) which is exempt from taxation under section 501(a) of such Code.

(b)
(1)

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 1342 of title 31.

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.

(2)

A personal assistant, including a reading or interpreting assistant, employed under this subsection may receive pay for services 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.

(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 regulations currently applicable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations.

Footnotes

  1. 1 So in original. Probably should be “(29 U.S.C. 791);”.

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. Pub. L. 89–554 · 80 Stat. 378

    Enacted · 5 U.S.C. § 3102

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 414

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 414

  2. Pub. L. 90–623 § 1(3) · 82 Stat. 1312

    Substituted · 5 U.S.C. § 3102(a)(2)

    Pub. L. 90–623 substituted “Commissioner” for “Board of Commissioners”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 90–623 substituted “Commissioner” for “Board of Commissioners”.

    Enacted provision · exact public law section
    (1) In section 559 insert “of this title” immediately after the figure ”7521” wherever it appears;

  3. Pub. L. 95–454 § 302(b)(2) · 92 Stat. 1111

    Substituted · 5 U.S.C. § 3102

    Pub. L. 95–454, § 302(b)(2), substituted “reading assistants for blind employees and interpreting assistants for deaf employees” for “readers for blind employees” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 95–454, § 302(b)(2), substituted “reading assistants for blind employees and interpreting assistants for deaf employees” for “readers for blind employees” in section catchline.

    Enacted provision · exact public law section
    (2) The heading for section 3102 of title 5, United States Code, is amended to read as follows: “§3102. Employment of reading assistants for blind employees and interpreting assistants for deaf employees”.

  4. Pub. L. 95–454 § 302(a)(1) · 92 Stat. 1111

    1. Added · 5 U.S.C. § 3102(a)(4); 5 U.S.C. § 3102(a)(5)

      Pub. L. 95–454, § 302(a)(1), added par. (4)

    2. Redesignated · 5 U.S.C. § 3102(a)(4); 5 U.S.C. § 3102(a)(5)

      Pub. L. 95–454, § 302(a)(1), redesignated former par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 95–454, § 302(a)(1), added par. (4) and redesignated former par. (4) as (5).

    Enacted provision · exact public law section
    (1) by redesignating paragraph (4) of subsection (a) as paragraph (5), by striking out “and” at the end of paragraph (3), and inserting after paragraph (3) the following new paragraph (4): “(4) ‘deaf employee’ means an individual employed by an “Deaf employee.” agency who, in accordance with regulations prescribed by the head of the agency, establishes to the satisfaction of the appropriate authority of the agency concerned that the employee has a hearing impairment, either permanent or temporary, so severe or disabling that the employment of an interpreting assistant or assistants for the employee is necessary or desirable to enable such employee to perform the work of the employee; and ”;

  5. Pub. L. 95–454 § 302(a)(2) · 92 Stat. 1111

    Inserted · 5 U.S.C. § 3102(b)

    Pub. L. 95–454, § 302(a)(2), inserted provisions respecting applicability to employment and compensation for interpreting assistant or assistants for deaf employees

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–454, § 302(a)(2), inserted provisions respecting applicability to employment and compensation for interpreting assistant or assistants for deaf employees.

    Enacted provision · exact public law section
    (2) in subsection (b), by inserting “and interpreting assistant or assistants for a deaf employee” after “or assistants for a blind employee”, and amending the last sentence to read as follows: “A reading assistant or an interpreting assistant, other than the one employed or assigned under subsection (d) of this section, may receive pay for services performed by the assistant by and from the blind or deaf employee or a nonprofit organization, without regard to section 209 of title 18.”;

  6. Pub. L. 95–454 § 302(a)(3) · 92 Stat. 1111

    Inserted · 5 U.S.C. § 3102(c)

    Pub. L. 95–454, § 302(a)(3), inserted “or deaf” after “blind”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–454, § 302(a)(3), inserted “or deaf” after “blind”.

    Enacted provision · exact public law section
    (3) in subsection (c) , by inserting “or deaf” after “blind”; and

  7. Pub. L. 95–454 § 302(a)(4) · 92 Stat. 1111

    Added · 5 U.S.C. § 3102(d)

    Pub. L. 95–454, § 302(a)(4), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–454, § 302(a)(4), added subsec. (d).

    Enacted provision · exact public law section
    (4) by inserting at the end thereof the following new subsection:

  8. Pub. L. 96–54 § 2(a)(11) · 93 Stat. 381

    Substituted · 5 U.S.C. § 3102(a)(2)

    Pub. L. 96–54 substituted “Mayor” for “Commissioner”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 96–54 substituted “Mayor” for “Commissioner”.

    Enacted provision · exact public law section
    (11) Section 3102(a)(2) is amended by striking out “Commissioner” and inserting in lieu thereof “Mayor”.

  9. Pub. L. 96–523 § 1(a) · 94 Stat. 3039

    1. Substituted · 5 U.S.C. § 3102

      Pub. L. 96–523 amended section generally and, among other changes, in section catchline substituted “personal assistants for handicapped employees, including blind and” for “reading assistants for blind employees and interpreting assistants for”, in subsec. (a) substituted applicability to handicapped employees for applicability to blind and deaf employees omitted applicability to the government of the District of Columbia, in subsec. (b) substituted applicability to personal assistants for applicability to reading and interpreting assistants for blind and deaf employees, respectively

    2. Redesignated · 5 U.S.C. § 3102

      Pub. L. 96–523 redesignated former subsec. (d) as (c) and made changes in phraseology

    3. Added · 5 U.S.C. § 3102

      Pub. L. 96–523 added subsec. (d)

    4. Redesignated · 5 U.S.C. § 3102

      Pub. L. 96–523 redesignated former subsec. (c) as (e) and made changes in phraseology

    Source evidence

    Code amendment note
    Pub. L. 96–523 amended section generally and, among other changes, in section catchline substituted “personal assistants for handicapped employees, including blind and” for “reading assistants for blind employees and interpreting assistants for”, in subsec. (a) substituted applicability to handicapped employees for applicability to blind and deaf employees omitted applicability to the government of the District of Columbia, in subsec. (b) substituted applicability to personal assistants for applicability to reading and interpreting assistants for blind and deaf employees, respectively, redesignated former subsec. (d) as (c) and made changes in phraseology, added subsec. (d), and redesignated former subsec. (c) as (e) and made changes in phraseology.

    Enacted provision · exact public law section
    (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)”.

    Effective date note
    Pub. L. 96–523, § 3, Dec. 12, 1980, 94 Stat. 3040, provided that: “The amendments made by this Act [amending this section, section 7 of the Federal Advisory Committee Act, formerly set out in the Appendix to this title, section 604 of Title 28, Judiciary and Judicial Procedure, and section 410 of Title 39, Postal Service] shall take effect sixty days after the date of the enactment of this Act [Dec. 12, 1980].”

  10. Pub. L. 97–258 § 3(a)(3) · 96 Stat. 1063

    Substituted · 5 U.S.C. § 3102(b)(1)(C)

    Pub. L. 97–258 substituted “section 1342 of title 31” for “section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 97–258 substituted “section 1342 of title 31” for “section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))”.

  11. Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 5 U.S.C. § 3102(a)(3)

    Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

    Enacted provision · exact public law section
    SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

  12. Pub. L. 106–518 title III § 311 · 114 Stat. 2410

    1. Amended · 5 U.S.C. § 3102(a)(1)(C)

      Pub. L. 106–518 and Pub. L. 106–553 amended par. (1) identically

    2. Added · 5 U.S.C. § 3102(a)(1)(C)

      Pub. L. 106–518 and Pub. L. 106–553 adding subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 106–518 and Pub. L. 106–553 amended par. (1) identically, adding subpar. (C).

    Enacted provision · exact public law section
    SEC. 311. EMPLOYMENT OF PERSONAL ASSISTANTS FOR HANDICAPPED EMPLOYEES. Section 3102(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A) by striking “and”; (2) in subparagraph (B) by adding “and” after the semicolon; and (3) by adding at the end the following: “(C) an office, agency, or other establishment in the judicial branch;”.

15 of 17 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large
 5 U.S.C. 43a.Aug. 29, 1962, Pub. L. 87–614, 76 Stat. 408.

In subsection (a)(1), the word “agency” is substituted for “department”. The words “Executive agency” are coextensive with and substituted for “each executive department of the Federal Government, each agency or independent establishment in the executive branch of such Government, each corporation wholly owned or controlled by such Government, and the General Accounting Office” in view of the definition of “Executive agency” in section 105.

In subsection (a)(3), the words “individual employed” are substituted for “employee” so as to include individuals employed by the government of the District of Columbia who are not employees as defined by section 2105.

In subsection (b), the word “may” is substituted for “is authorized” and the words “in his discretion” are omitted as unnecessary in view of the permissive nature of the authority. The words “in the provisions of this title governing appointment in the competitive service” are substituted for “the civil service rules”. The words “section 209 of title 18” are substituted for “section 1914 of title 18” on authority of the Act of , Pub. L. 87–849, § 2, 76 Stat. 1126.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments1968–2000 · 7 rounds

2000

Subsec. (a)(1)(C). Pub. L. 106–518 and Pub. L. 106–553 amended par. (1) identically, adding subpar. (C).

1986

Subsec. (a)(3). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

1982

Subsec. (b)(1)(C). Pub. L. 97–258 substituted “section 1342 of title 31” for “section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))”.

1980

Pub. L. 96–523 amended section generally and, among other changes, in section catchline substituted “personal assistants for handicapped employees, including blind and” for “reading assistants for blind employees and interpreting assistants for”, in subsec. (a) substituted applicability to handicapped employees for applicability to blind and deaf employees omitted applicability to the government of the District of Columbia, in subsec. (b) substituted applicability to personal assistants for applicability to reading and interpreting assistants for blind and deaf employees, respectively, redesignated former subsec. (d) as (c) and made changes in phraseology, added subsec. (d), and redesignated former subsec. (c) as (e) and made changes in phraseology.

1979

Subsec. (a)(2). Pub. L. 96–54 substituted “Mayor” for “Commissioner”.

1978

Pub. L. 95–454, § 302(b)(2), substituted “reading assistants for blind employees and interpreting assistants for deaf employees” for “readers for blind employees” in section catchline.

Subsec. (a)(4), (5). Pub. L. 95–454, § 302(a)(1), added par. (4) and redesignated former par. (4) as (5).

Subsec. (b). Pub. L. 95–454, § 302(a)(2), inserted provisions respecting applicability to employment and compensation for interpreting assistant or assistants for deaf employees.

Subsec. (c). Pub. L. 95–454, § 302(a)(3), inserted “or deaf” after “blind”.

Subsec. (d). Pub. L. 95–454, § 302(a)(4), added subsec. (d).

1968

Subsec. (a)(2). Pub. L. 90–623 substituted “Commissioner” for “Board of Commissioners”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–523, § 3, , 94 Stat. 3040, provided that: “The amendments made by this Act [amending this section, section 7 of the Federal Advisory Committee Act, formerly set out in the Appendix to this title, section 604 of Title 28, Judiciary and Judicial Procedure, and section 410 of Title 39, Postal Service] shall take effect sixty days after the date of the enactment of this Act [].”

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–54 effective , see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after , see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on , see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

Credits

1966–2000 · 9 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 414
  2. 1968Pub. L. 90–623, § 1(3), , 82 Stat. 1312
  3. 1978Pub. L. 95–454, title III, § 302(a), (b)(2), , 92 Stat. 1145, 1146
  4. 1979Pub. L. 96–54, § 2(a)(11), , 93 Stat. 382
  5. 1980Pub. L. 96–523, § 1(a), , 94 Stat. 3039
  6. 1982Pub. L. 97–258, § 3(a)(3), , 96 Stat. 1063
  7. 1986Pub. L. 99–514, § 2, , 100 Stat. 2095
  8. 2000Pub. L. 106–518, title III, § 311, , 114 Stat. 2421
  9. 2000Pub. L. 106–553, § 1(a)(2) [title III, § 307], , 114 Stat. 2762, 2762A–86.
Show as published

(Pub. L. 89–554, , 80 Stat. 414; Pub. L. 90–623, § 1(3), , 82 Stat. 1312; Pub. L. 95–454, title III, § 302(a), (b)(2), , 92 Stat. 1145, 1146; Pub. L. 96–54, § 2(a)(11), , 93 Stat. 382; Pub. L. 96–523, § 1(a), , 94 Stat. 3039; Pub. L. 97–258, § 3(a)(3), , 96 Stat. 1063; Pub. L. 99–514, § 2, , 100 Stat. 2095; Pub. L. 106–518, title III, § 311, , 114 Stat. 2421; Pub. L. 106–553, § 1(a)(2) [title III, § 307], , 114 Stat. 2762, 2762A–86.)

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