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U.S. Code as of:
01/19/04
Section 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 jointly determine, from time to time, to be appropriate.
The resources of the President's Committees on Employment of People
With Disabilities and on Mental Retardation 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 Rate 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 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; non-Federal 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, of the Americans with Disabilities Act of 1990 (42
U.S.C. 12201-12204 and 12210), as such sections relate to
employment.
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