Notes on 29 U.S.C. § 791 : US Code - Notes

Search Notes on 29 U.S.C. § 791 : US Code - Notes

(Pub. L. 93-112, title V, Sec. 501, Sept. 26, 1973, 87 Stat. 390;
Pub. L. 98-221, title I, Sec. 104(b)(3), Feb. 22, 1984, 98 Stat.
18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title X, Secs.
1001(f)(1), 1002(e)(1), (2)(A), Oct. 21, 1986, 100 Stat. 1810,
1843, 1844; Pub. L. 100-630, title II, Sec. 206(a), Nov. 7, 1988,
102 Stat. 3310; Pub. L. 102-54, Sec. 13(k)(1)(B), June 13, 1991,
105 Stat. 276; Pub. L. 102-569, title I, Sec. 102(p)(29), title V,
Sec. 503, Oct. 29, 1992, 106 Stat. 4360, 4424; Pub. L. 103-73,
title I, Sec. 112(a), Aug. 11, 1993, 107 Stat. 727; Pub. L. 105-
220, title III, Sec. 341(c), title IV, Sec. 408(a)(1), Aug. 7,
1998, 112 Stat. 1092, 1202.)
REFERENCES IN TEXT
Level IV of the Executive Schedule, referred to in subsec. (a),
is set out in section 5315 of Title 5, Government Organization and
Employees.
The Americans with Disabilities Act of 1990, referred to in
subsec. (g), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as
amended. Title I of the Act is classified generally to subchapter I
(Sec. 12111 et seq.) of chapter 126 of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 12101 of Title 42 and
Tables.
PRIOR PROVISIONS
Prior similar provisions were set out in section 38 of this
title.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-220, Sec. 408(a)(1)(A),
substituted "President's Committees on Employment of People With
Disabilities" for "President's Committees on Employment of the
Handicapped" in third sentence.
Pub. L. 105-220, Sec. 341(c)(1), inserted "and the Smithsonian
Institution" after "Government" in fourth sentence.
Subsec. (b). Pub. L. 105-220, Sec. 341(c)(2), in first sentence,
inserted "and the Smithsonian Institution" after "in the executive
branch" and substituted "such department, agency, instrumentality,
or Institution" for "such department, agency, or instrumentality".
Subsec. (d). Pub. L. 105-220, Sec. 341(c)(3), inserted "and the
Smithsonian Institution" after "instrumentality".
Subsec. (e). Pub. L. 105-220, Sec. 408(a)(1)(B), substituted
"individualized plan for employment" for "individualized written
rehabilitation program".
1993 - Subsec. (a). Pub. L. 103-73 in first sentence inserted
comma after "Veterans Affairs".
1992 - Pub. L. 102-569, Sec. 102(p)(29)(A), substituted
"disabilities" for "handicaps" in section catchline.
Subsec. (a). Pub. L. 102-569, Sec. 503(a), substituted "the
Director of the Office of Personnel Management, the Secretary of
Veterans Affairs" for "the Secretary of Veterans Affairs, and", and
amended second sentence generally. Prior to amendment, second
sentence read as follows: "The Secretary of Education and the
Chairman of the Commission shall serve as co-chairpersons of the
Committee."
Pub. L. 102-569, Sec. 102(p)(29)(B), (C), substituted
"Interagency Committee on Employees who are Individuals with
Disabilities" for "Interagency Committee on Handicapped Employees"
and "individuals with disabilities" for "individuals with
handicaps" in two places.
Subsec. (b). Pub. L. 102-569, Sec. 102(p)(29)(C), (D),
substituted "individuals with disabilities" for "individuals with
handicaps" after "advancement of" and after "opportunities for" and
"employees who are individuals with disabilities" for "employees
with handicaps".
Subsecs. (c), (d), (f)(2). Pub. L. 102-569, Sec. 102(p)(29)(C),
substituted "individuals with disabilities" for "individuals with
handicaps".
Subsec. (g). Pub. L. 102-569, Sec. 503(b), added subsec. (g).
1991 - Subsec. (a). Pub. L. 102-54 substituted "Secretary of
Veterans Affairs" for "Administrator of Veterans' Affairs".
1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(a)(3)(C), which
directed substitution of "Employment of People With Disabilities"
for "Employment of the Handicapped" in second sentence, could not
be executed because the words did not appear in second sentence.
Pub. L. 100-630, Sec. 206(a)(1)-(3)(B), (4), inserted "(hereafter
in this section referred to as the 'Commission')" after first
reference to "Equal Employment Opportunity Commission" and
substituted "Commission" for "Equal Opportunity Employment
Commission" wherever appearing, "Secretary of Labor, the Secretary
of Education, and the Secretary of Health and Human Services" for
"Secretaries of Labor and Education and Health and Human Services"
in first sentence, "co-chairpersons" for "co-chairmen" in second
sentence, and "Commission" for "Office" in cl. (2).
Subsec. (b). Pub. L. 100-630, Sec. 206(a)(2), (5), substituted
"submit to the Commission" for "submit to the Equal Employment
Opportunity Commission", "employees with handicaps" for
"handicapped employees", and "Commission, if the Commission
determines" for "Office, if the Office determines".
Subsecs. (c), (d). Pub. L. 100-630, Sec. 206(a)(2), substituted
"Commission" for "Equal Opportunity Employment Commission" wherever
appearing.
Subsec. (e). Pub. L. 100-630, Sec. 206(a)(6), substituted "an
individualized" for "a individualized".
Subsec. (f)(1), (2). Pub. L. 100-630, Sec. 206(a)(7), substituted
"Employment of People With Disabilities" for "Employment of the
Handicapped".
1986 - Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
"individuals with handicaps" for "handicapped individuals" in
section catchline.
Subsecs. (a) to (c). Pub. L. 99-506, Secs. 103(d)(2)(C),
1002(e)(1), substituted "Equal Employment Opportunity Commission"
for "Office of Personnel Management" and "individuals with
handicaps" for "handicapped individuals" wherever appearing.
Subsec. (d). Pub. L. 99-506, Secs. 103(d)(2)(C), 1002(e)(1),
(2)(A), substituted "Equal Employment Opportunity Commission" for
"Office of Personnel Management" wherever appearing, "individuals
with handicaps" for "handicapped individuals", and "of the
activities" for "of the the activities".
Subsec. (e). Pub. L. 99-506, Sec. 1001(f)(1), substituted "a
individualized" for "his individualized".
Subsec. (f)(2). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
"individuals with handicaps" for "handicapped individuals".
1984 - Subsec. (a). Pub. L. 98-221, Sec. 104(b)(3)(A)-(D),
substituted "the Chairman of the Office of Personnel Management"
and "Education and Health and Human Services" for "the Chairman of
the Civil Service Commission" and "Health, Education, and Welfare",
respectively, in first sentence, "Secretary of Education and the
Chairman of the Office of Personnel Management" for "Secretary of
Health, Education, and Welfare and the Chairman of the Civil
Service Commission" in second sentence, "Office of Personnel
Management" for "Civil Service Commission" in four places, and
"Office" for "Commission".
Subsec. (b). Pub. L. 98-221, Sec. 104(b)(3)(C), (D), substituted
"Office of Personnel Management" for "Civil Service Commission" and
substituted "Office" for "Commission" in two places.
Subsec. (c). Pub. L. 98-221, Sec. 104(b)(3)(C), substituted
"Office of Personnel Management" for "Civil Service Commission".
Subsec. (d). Pub. L. 98-221, Sec. 104(b)(3)(C), (E), substituted
"Office of Personnel Management" for "Civil Service Commission" in
two places and "the activities of the Office of Personnel
Management" for "Civil Service Commission's activities".
Subsec. (f)(1). Pub. L. 98-221, Sec. 104(b)(3)(F), substituted
"Secretary of Education" for "Secretary of Health, Education, and
Welfare".
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 341(c) of Pub. L. 105-220 effective Aug. 7,
1998, and applicable to and may be raised in any administrative or
judicial claim or action brought before Aug. 7, 1998, but pending
on such date, and any administrative or judicial claim or action
brought after such date regardless of whether the claim or action
arose prior to such date, if the claim or action was brought within
the applicable statute of limitations, see section 341(d) of Pub.
L. 105-220, set out as a note under section 633a of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Pub. L. 102-569, title I, Sec. 138, Oct. 29, 1992, 106 Stat.
4397, as amended by Pub. L. 103-73, title I, Sec. 102(3), Aug. 11,
1993, 107 Stat. 718, provided that:
"(a) Effective Date. - Except as provided in subsection (b), this
title [enacting sections 718 to 718b, 725 to 728a, and 740 to 744
of this title, amending this section and sections 701, 705 to 707,
709, 711 to 715, 717, 720 to 724, 730 to 732, 740, 741, 750, 761a
to 762, 770, 772 to 776, 777a, 777b, 777d to 777f, 780, 781, 783,
792 to 794, 795, 795d, 795e, and 795h of this title, repealing
section 752 of this title, enacting provisions set out as notes
under section 712 of this title, and amending provisions set out as
a note under section 701 of this title] and the amendments made by
this title shall take effect on the date of enactment of this Act
[Oct. 29, 1992].
"(b) Compliance. - Each State agency subject to the provisions of
title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.]
shall comply with the amendments made by this subtitle [subtitle B
(Secs. 121-138) of title I of Pub. L. 102-569, enacting sections
725 to 728a and 740 to 744 of this title, amending sections 705,
720 to 724, and 730 to 732 of this title, and repealing section 752
of this title], as soon as is practicable after the date of
enactment of this Act [Oct. 29, 1992], consistent with the
effective and efficient administration of the Rehabilitation Act of
1973 [29 U.S.C. 701 et seq.], but not later than October 1, 1993."
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99-506, title X, Sec. 1006, Oct. 21, 1986, 100 Stat.
1846, provided that: "Except as otherwise provided in this Act [see
Short Title of 1986 Amendment note set out under section 701 of
this title], this Act shall take effect on the date of its
enactment [Oct. 21, 1986]."
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which reports required under subsecs. (a) and (d) of this section
are listed on page 188), see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money
and Finance.
EXECUTIVE ORDER NO. 10640
Ex. Ord. No. 10640, Oct. 10, 1955, 20 F.R. 7717, formerly set out
as a note under section 39 of this title, which related to
President's Committee on Employment of the Physically Handicapped,
was superseded by section 6(a) of Ex. Ord. No. 10994, Feb. 14,
1962, 27 F.R. 1447, which established President's Committee on
Employment of the Handicapped.
EXECUTIVE ORDER NO. 10994
Ex. Ord. No. 10994, Feb. 14, 1962, 27 F.R. 1447, as amended by
Ex. Ord. No. 11018, Apr. 27, 1962, 27 F.R. 4143, which established
the President's Committee on Employment of the Handicapped, was
superseded by Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273,
formerly set out below.
EXECUTIVE ORDER NO. 11480
Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, as amended by
Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No.
12608, Sept. 9, 1987, 52 F.R. 34617, which established and provided
for the functions of the President's Committee on Employment of the
Handicapped, was superseded by Ex. Ord. No. 12640, May 10, 1988, 53
F.R. 16996, formerly set out below.
EX. ORD. NO. 11830. ENLARGING MEMBERSHIP OF INTERAGENCY COMMITTEE
ON HANDICAPPED EMPLOYEES
Ex. Ord. No. 11830, Jan. 9, 1975, 40 F.R. 2411, as amended by Ex.
Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No. 12450,
Dec. 9, 1983, 48 F.R. 55409; Ex. Ord. No. 12672, Mar. 21, 1989, 54
F.R. 12167; Ex. Ord. No. 12704, Sec. 1, Feb. 26, 1990, 55 F.R.
6969, provided:
By virtue of the authority vested in me by section 501(a) of the
Rehabilitation Act of 1973 (Public Law 93-112; 87 Stat. 390)
[subsec. (a) of this section], it is hereby ordered as follows:
Section 1. In accord with Section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791) and Section 4 of Reorganization Plan No. 1
of 1978 (43 FR 19808) [set out in the Appendix to Title 5,
Government Organization and Employees], the Interagency Committee
on Handicapped Employees is enlarged and composed of the following,
or their designees whose positions are Executive level IV or
higher:
(1) Secretary of Defense.
(2) Secretary of Labor.
(3) Secretary of Education, Co-Chairman.
(4) Director of the Office of Personnel Management.
(5) Administrator of Veterans Affairs.
(6) Administrator of General Services.
(7) Chairman of the Federal Communications Commission.
(8) Chairman of the Equal Employment Opportunity Commission, Co-
Chairman.
(9) Secretary of Health and Human Services.
(10) Postmaster General of the United States Postal Service.
(11) Chairman of the President's Committee on Employment of
People with Disabilities (Ex Officio).
(12) Such other members as the President may designate.
Sec. 2. The Interagency Committee on Handicapped Employees shall
also be referred to as the Interagency Committee on Employment of
People with Disabilities.
EXECUTIVE ORDER NO. 12640
Ex. Ord. No. 12640, May 10, 1988, 53 F.R. 16996, as amended by
Ex. Ord. No. 12945, Jan. 20, 1995, 60 F.R. 4527, which established
the President's Committee on Employment of People with
Disabilities, the Executive Committee of the President's Committee
on Employment of People with Disabilities, and the Advisory Council
on Employment of People with Disabilities, and provided for the
membership, functions, and administration of those bodies, and
superseded Ex. Ord. No. 11480, was revoked by Ex. Ord. No. 13187,
Sec. 4(a), Jan. 10, 2001, 66 F.R. 3858, set out as a note under
section 701 of this title.
EX. ORD. NO. 13163. INCREASING THE OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES TO BE EMPLOYED IN THE FEDERAL GOVERNMENT
Ex. Ord. No. 13163, July 26, 2000, 65 F.R. 46563, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
promote an increase in the opportunities for individuals with
disabilities to be employed at all levels and occupations of the
Federal Government, and to support the goals articulated in section
501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), it is hereby
ordered as follows:
Section 1. Increasing the Federal Employment Opportunities for
Individuals with Disabilities. (a) Recent evidence demonstrates
that, throughout the United States, qualified persons with
disabilities have been refused employment despite their
availability and qualifications, and many qualified persons with
disabilities are never made aware of available employment
opportunities. Evidence also suggests that increased efforts at
outreach, and increased understanding of the reasonable
accommodations available for persons with disabilities, will permit
persons with disabilities to compete for employment on a more level
playing field.
(b) Based on current hiring patterns and anticipated increases
from expanded outreach efforts and appropriate accommodations, the
Federal Government, over the next 5 years, will be able to hire
100,000 qualified individuals with disabilities. In furtherance of
such efforts, Federal agencies shall:
(1) Use available hiring authorities, consistent with statutes,
regulations, and prior Executive orders and Presidential
Memoranda;
(2) Expand their outreach efforts, using both traditional and
nontraditional methods; and
(3) Increase their efforts to accommodate individuals with
disabilities.
(c) As a model employer, the Federal Government will take the
lead in educating the public about employment opportunities
available for individuals with disabilities.
(d) This order does not require agencies to create new positions
or to change existing qualification standards for any position.
Sec. 2. Implementation. Each Federal agency shall prepare a plan
to increase the opportunities for individuals with disabilities to
be employed in the agency. Each agency shall submit that plan to
the Office of Personnel Management within 60 days from the date of
this order.
Sec. 3. Authority to Develop Guidance. The Office of Personnel
Management shall develop guidance on the provisions of this order
to increase the opportunities for individuals with disabilities
employed in the Federal Government.
Sec. 4. Judicial Review. This order is intended only to improve
the internal management of the executive branch and does not create
any right or benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its agencies, its
officers, its employees, or any person.
William J. Clinton.
EX. ORD. NO. 13164. REQUIRING FEDERAL AGENCIES TO ESTABLISH
PROCEDURES TO FACILITATE THE PROVISION OF REASONABLE ACCOMMODATION
Ex. Ord. No. 13164, July 26, 2000, 65 F.R. 46565, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended, and
in order to promote a model Federal workplace that provides
reasonable accommodation for (1) individuals with disabilities in
the application process for Federal employment; (2) Federal
employees with disabilities to perform the essential functions of a
position; and (3) Federal employees with disabilities to enjoy
benefits and privileges of employment equal to those enjoyed by
employees without disabilities, it is hereby ordered as follows:
Section 1. Establishment of Effective Written Procedures to
Facilitate the Provision of Reasonable Accommodation. (a) Each
Federal agency shall establish effective written procedures for
processing requests for reasonable accommodation by employees and
applicants with disabilities. The written procedures may allow
different components of an agency to tailor their procedures as
necessary to ensure the expeditious processing of requests.
(b) As set forth in Re-charting the Course: The First Report of
the Presidential Task Force on Employment of Adults with
Disabilities (1998), effective written procedures for processing
requests for reasonable accommodation should include the following:
(1) Explain that an employee or job applicant may initiate a
request for reasonable accommodation orally or in writing. If the
agency requires an applicant or employee to complete a reasonable
accommodation request form for recordkeeping purposes, the form
must be provided as an attachment to the agency's written
procedures;
(2) Explain how the agency will process a request for
reasonable accommodation, and from whom the individual will
receive a final decision;
(3) Designate a time period during which reasonable
accommodation requests will be granted or denied, absent
extenuating circumstances. Time limits for decision making should
be as short as reasonably possible;
(4) Explain the responsibility of the employee or applicant to
provide appropriate medical information related to the functional
impairment at issue and the requested accommodation where the
disability and/or need for accommodation is not obvious;
(5) Explain the agency's right to request relevant supplemental
medical information if the information submitted does not clearly
explain the nature of the disability, or the need for the
reasonable accommodation, or does not otherwise clarify how the
requested accommodation will assist the employee to perform the
essential functions of the job or to enjoy the benefits and
privileges of the workplace;
(6) Explain the agency's right to have medical information
reviewed by a medical expert of the agency's choosing at the
agency's expense;
(7) Provide that reassignment will be considered as a
reasonable accommodation if the agency determines that no other
reasonable accommodation will permit the employee with a
disability to perform the essential functions of his or her
current position;
(8) Provide that reasonable accommodation denials be in writing
and specify the reasons for denial;
(9) Ensure that agencies' systems of recordkeeping track the
processing of requests for reasonable accommodation and maintain
the confidentiality of medical information received in accordance
with applicable law and regulations; and
(10) Encourage the use of informal dispute resolution processes
to allow individuals with disabilities to obtain prompt
reconsideration of denials of reasonable accommodation. Agencies
must also inform individuals with disabilities that they have the
right to file complaints in the Equal Employment Opportunity
process and other statutory processes, as appropriate, if their
requests for reasonable accommodation are denied.
Sec. 2. Submission of Agency Reasonable Accommodation Procedures
to the Equal Employment Opportunity Commission (EEOC). Within 1
year from the date of this order, each agency shall submit its
procedures to the EEOC. Each agency shall also submit to the EEOC
any modifications to its reasonable accommodation procedures at the
time that those modifications are adopted.
Sec. 3. Collective Bargaining Obligations. In adopting their
reasonable accommodation procedures, agencies must honor their
obligations to notify their collective bargaining representatives
and bargain over such procedures to the extent required by law.
Sec. 4. Implementation. The EEOC shall issue guidance for the
implementation of this order within 90 days from the date of this
order.
Sec. 5. Construction and Judicial Review. (a) Nothing in this
order limits the rights that individuals with disabilities may have
under the Rehabilitation Act of 1973, as amended.
(b) This order is intended only to improve the internal
management of the executive branch and does not create any right or
benefit, substantive or procedural, enforceable at law or equity by
a party against the United States, its agencies, its officers, its
employees, or any person.
William J. Clinton.