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Title 5 — Government Organization and Employees

Part III · Chapter 72 — Antidiscrimination; Right to Petition Congress

§ 7203. Handicapping condition

Statutory text

The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of handicapping condition in an Executive agency or in the competitive service with respect to a position the duties of which, in the opinion of the Office of Personnel Management, can be performed efficiently by an individual with a handicapping condition, except that the employment may not endanger the health or safety of the individual or others.

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. § 7203

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, § 7153

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 523, § 7153

  2. Pub. L. 95–454 § 703(a)(1) · 92 Stat. 1111

    Changed · 5 U.S.C. § 7203

    Pub. L. 95–454, § 703(a)(1), renumbered section 7153 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 95–454, § 703(a)(1), renumbered section 7153 of this title as this section.

    Enacted provision · exact public law section
    (1) by redesignating sections 7151 (as amended by section 310 5 USC 7151–7154, 7201–7204. of this Act) , 7152, 7153, and 7154 as sections 7201, 7202, 7203, and 7204, respectively;

    Effective date note
    Amendment by sections 101(b)(2) and 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

  3. Pub. L. 95–454 title I § 101(b)(2) · 92 Stat. 1111

    1. Substituted · 5 U.S.C. § 7203

      Pub. L. 95–454, §§ 101(b)(2), 906(a)(2), substituted “Handicapping condition” for “Physical handicap”

    2. Substituted · 5 U.S.C. § 7203

      Pub. L. 95–454, §§ 101(b)(2), 906(a)(2), substituted “handicapping condition” for “physical handicap”

    3. Substituted · 5 U.S.C. § 7203

      Pub. L. 95–454, §§ 101(b)(2), 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–454, §§ 101(b)(2), 906(a)(2), substituted “Handicapping condition” for “Physical handicap” in section catchline, “handicapping condition” for “physical handicap” wherever appearing in text, and “Office of Personnel Management” for “Civil Service Commission”.

    Enacted provision · exact public law section
    (2) Section 7153 of title 5, United States Code, is amended— (A) by striking out “Physical handicap” in the catchline and inserting in lieu thereof “Handicapping condition”; and (B) by striking out “physical handicap” each place it appears in the text and inserting in lieu thereof “handicapping condition”.

    Effective date note
    Amendment by sections 101(b)(2) and 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large
 5 U.S.C. 633(2)9.June 10, 1948, ch. 434, 62 Stat. 351.

The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The section is rewritten as a general prohibition instead of specifying the personnel actions included in former section 633(2)9. The words “in an Executive agency or in the competitive service” are added for clarity.

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

Amendments

1978—Pub. L. 95–454, § 703(a)(1), renumbered section 7153 of this title as this section.

Pub. L. 95–454, §§ 101(b)(2), 906(a)(2), substituted “Handicapping condition” for “Physical handicap” in section catchline, “handicapping condition” for “physical handicap” wherever appearing in text, and “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by sections 101(b)(2) and 906(a)(2) of 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.

Credits

1966–1978 · 2 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 523, § 7153
  2. 1978renumbered § 7203 and amended Pub. L. 95–454, title I, § 101(b)(2), title VII, § 703(a)(1), title IX, § 906(a)(2), , 92 Stat. 1118, 1216, 1224.
Show as published

(Pub. L. 89–554, , 80 Stat. 523, § 7153; renumbered § 7203 and amended Pub. L. 95–454, title I, § 101(b)(2), title VII, § 703(a)(1), title IX, § 906(a)(2), , 92 Stat. 1118, 1216, 1224.)

Parsed from the official OLRC USLM XML in data/usc_all/usc05.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t5/s7203