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U.S. Code as of:
01/19/04
Section 793. Employment under Federal contracts
(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
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 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.
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