29 U.S.C. § 791 — Employment of individuals with disabil-

Page 287 TITLE 29—LABOR § 791 1 See References in Text note below. § 791. Employment of individuals with disabil- ities (a) Interagency Committee on Employees who are Individuals with Disabilities; establish- ment; membership; co-chairmen; availability of other Committee resources; purpose and functions There is established within the Federal Gov- ernment an Interagency Committee on Employ- ees who are Individuals with Disabilities (here- inafter in this section referred to as the ‘‘Com- mittee’’), comprised of such members as the President may select, including the following (or their designees whose positions are Execu- tive 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 Vet- erans Affairs, the Secretary of Labor, the Sec- retary of Education, and the Secretary of Health and Human Services. Either the Director of the Office of Personnel Management and the Chair- man of the Commission shall serve as co-chair- persons 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 ap- propriate. The resources of the President’s Dis- ability Employment Partnership Board and the President’s Committee for People with Intellec- tual Disabilities shall be made fully available to the Committee. It shall be the purpose and func- tion 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 dis- abilities, by each department, agency, and in- strumentality in the executive branch of Gov- ernment and the Smithsonian Institution, and to insure that the special needs of such individ- uals 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 re- view and consultation, the Committee shall pe- riodically make to the Commission such rec- ommendations for legislative and administra- tive 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 instrumen- tality (including the United States Postal Serv- ice and the Postal Regulatory Commission) in the executive branch and the Smithsonian Insti- tution shall, within one hundred and eighty days after September 26, 1973, submit to the Commis- sion and to the Committee an affirmative action program plan for the hiring, placement, and ad- vancement of individuals with disabilities in such department, agency, instrumentality, or Institution. Such plan shall include a descrip- tion of the extent to which and methods where- by the special needs of employees who are indi- viduals with disabilities are being met. Such plan shall be updated annually, and shall be re- viewed annually and approved by the Commis- sion, if the Commission determines, after con- sultation with the Committee, that such plan provides sufficient assurances, procedures and commitments to provide adequate hiring, place- ment, and advancement opportunities for indi- viduals with disabilities. (c) State agencies; rehabilitated individuals, em- ployment 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 fa- cilitate 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 disabil- ities, including the promotion of job opportuni- ties for such individuals. The Secretary shall en- courage such State agencies to adopt and imple- ment 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 com- plete report to the appropriate committees of the Congress with respect to the practices of and achievements in hiring, placement, and advance- ment of individuals with disabilities by each de- partment, agency, and instrumentality and the Smithsonian Institution and the effectiveness of the affirmative action programs required by subsection (b) of this section, together with rec- ommendations 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 re- port 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 individual- ized plan for employment under a State plan ap- proved under this chapter, participates in a pro- gram of unpaid work experience in a Federal agency, shall not, by reason thereof, be consid- ered to be a Federal employee or to be subject to the provisions of law relating to Federal em- ployment, including those relating to hours of work, rates of compensation, leave, unemploy- ment compensation, and Federal employee bene- fits. (f) Standards used in determining violation of section The standards used to determine whether this section has been violated in a complaint alleg- ing nonaffirmative action employment discrimi- nation under this section shall be the standards applied under title I of the Americans with Dis- abilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510,1 of the Americans with Disabilities Act of Page 288 TITLE 29—LABOR § 791 1990 (42 U.S.C. 12201–12204 and 12210), as such sec- tions relate to employment. (Pub. L. 93–112, title V, § 501, Sept. 26, 1973, 87 Stat. 390; Pub. L. 98–221, title I, § 104(b)(3), Feb. 22, 1984, 98 Stat. 18; Pub. L. 99–506, title I, § 103(d)(2)(C), title X, §§ 1001(f)(1), 1002(e)(1), (2)(A), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844; Pub. L. 100–630, title II, § 206(a), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–54, § 13(k)(1)(B), June 13, 1991, 105 Stat. 276; Pub. L. 102–569, title I, § 102(p)(29), title V, § 503, Oct. 29, 1992, 106 Stat. 4360, 4424; Pub. L. 103–73, title I, § 112(a), Aug. 11, 1993, 107 Stat. 727; Pub. L. 105–220, title III, § 341(c), title IV, § 408(a)(1), Aug. 7, 1998, 112 Stat. 1092, 1202; Pub. L. 109–435, title VI, § 604(d), Dec. 20, 2006, 120 Stat. 3242; Pub. L. 111–256, § 2(d)(3), Oct. 5, 2010, 124 Stat. 2643; Pub. L. 113–128, title IV, § 456(a), July 22, 2014, 128 Stat. 1675.) Editorial Notes REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsec. (a), is set out in section 5315 of Title 5, Govern- ment Organization and Employees. The Americans with Disabilities Act of 1990, referred to in subsec. (f), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter 126 of Title 42, The Public Health and Welfare. Section 510 of the Act was renumbered section 511 by Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558. 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 2014—Subsecs. (f), (g). Pub. L. 113–128 redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: ‘‘(1) The Secretary of Labor and the Secretary of Edu- cation 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.’’ 2010—Subsec. (a). Pub. L. 111–256 substituted ‘‘Presi- dent’s Disability Employment Partnership Board and the President’s Committee for People with Intellectual Disabilities’’ for ‘‘President’s Committees on Employ- ment of People With Disabilities and on Mental Retar- dation’’. 2006—Subsec. (b). Pub. L. 109–435, § 604(d), substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Of- fice’’. 1998—Subsec. (a). Pub. L. 105–220, § 408(a)(1)(A), sub- stituted ‘‘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, § 341(c)(1), inserted ‘‘and the Smithso- nian Institution’’ after ‘‘Government’’ in fourth sen- tence. Subsec. (b). Pub. L. 105–220, § 341(c)(2), in first sen- tence, 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, § 341(c)(3), inserted ‘‘and the Smithsonian Institution’’ after ‘‘instrumentality’’. Subsec. (e). Pub. L. 105–220, § 408(a)(1)(B), substituted ‘‘individualized plan for employment’’ for ‘‘individual- ized written rehabilitation program’’. 1993—Subsec. (a). Pub. L. 103–73 in first sentence in- serted comma after ‘‘Veterans Affairs’’. 1992—Pub. L. 102–569, § 102(p)(29)(A), substituted ‘‘dis- abilities’’ for ‘‘handicaps’’ in section catchline. Subsec. (a). Pub. L. 102–569, § 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 Chair- man of the Commission shall serve as co-chairpersons of the Committee.’’ Pub. L. 102–569, § 102(p)(29)(B), (C), substituted ‘‘Inter- agency Committee on Employees who are Individuals with Disabilities’’ for ‘‘Interagency Committee on Handicapped Employees’’ and ‘‘individuals with disabil- ities’’ for ‘‘individuals with handicaps’’ in two places. Subsec. (b). Pub. L. 102–569, § 102(p)(29)(C), (D), sub- stituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’ after ‘‘advancement of’’ and after ‘‘op- portunities for’’ and ‘‘employees who are individuals with disabilities’’ for ‘‘employees with handicaps’’. Subsecs. (c), (d), (f)(2). Pub. L. 102–569, § 102(p)(29)(C), substituted ‘‘individuals with disabilities’’ for ‘‘individ- uals with handicaps’’. Subsec. (g). Pub. L. 102–569, § 503(b), added subsec. (g). 1991—Subsec. (a). Pub. L. 102–54 substituted ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Administrator of Vet- erans’ Affairs’’. 1988—Subsec. (a). Pub. L. 100–630, § 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, § 206(a)(1)–(3)(B), (4), inserted ‘‘(here- after in this section referred to as the ‘Commission’)’’ after first reference to ‘‘Equal Employment Oppor- tunity Commission’’ and substituted ‘‘Commission’’ for ‘‘Equal Opportunity Employment Commission’’ wher- ever 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, § 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 ‘‘Of- fice, if the Office determines’’. Subsecs. (c), (d). Pub. L. 100–630, § 206(a)(2), sub- stituted ‘‘Commission’’ for ‘‘Equal Opportunity Em- ployment Commission’’ wherever appearing. Subsec. (e). Pub. L. 100–630, § 206(a)(6), substituted ‘‘an individualized’’ for ‘‘a individualized’’. Subsec. (f)(1), (2). Pub. L. 100–630, § 206(a)(7), sub- stituted ‘‘Employment of People With Disabilities’’ for ‘‘Employment of the Handicapped’’. 1986—Pub. L. 99–506, § 103(d)(2)(C), substituted ‘‘indi- viduals with handicaps’’ for ‘‘handicapped individuals’’ in section catchline. Subsecs. (a) to (c). Pub. L. 99–506, §§ 103(d)(2)(C), 1002(e)(1), substituted ‘‘Equal Employment Opportunity Commission’’ for ‘‘Office of Personnel Management’’ and ‘‘individuals with handicaps’’ for ‘‘handicapped in- dividuals’’ wherever appearing. Subsec. (d). Pub. L. 99–506, §§ 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, § 1001(f)(1), substituted ‘‘a individualized’’ for ‘‘his individualized’’. Subsec. (f)(2). Pub. L. 99–506, § 103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individ- uals’’. 1984—Subsec. (a). Pub. L. 98–221, § 104(b)(3)(A)–(D), substituted ‘‘the Chairman of the Office of Personnel Page 289 TITLE 29—LABOR § 791 Management’’ and ‘‘Education and Health and Human Services’’ for ‘‘the Chairman of the Civil Service Com- mission’’ and ‘‘Health, Education, and Welfare’’, respec- tively, 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 sec- ond sentence, ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’ in four places, and ‘‘Of- fice’’ for ‘‘Commission’’. Subsec. (b). Pub. L. 98–221, § 104(b)(3)(C), (D), sub- stituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’ and substituted ‘‘Office’’ for ‘‘Commission’’ in three places. Subsec. (c). Pub. L. 98–221, § 104(b)(3)(C), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Subsec. (d). Pub. L. 98–221, § 104(b)(3)(C), (E), sub- stituted ‘‘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, § 104(b)(3)(F), substituted ‘‘Secretary of Education’’ for ‘‘Secretary of Health, Education, and Welfare’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 341(c) of Pub. L. 105–220 effec- tive 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 ac- tion was brought within the applicable statute of limi- tations, see section 341(d) of Pub. L. 105–220, formerly set out as a note under section 633a of this title. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–569, title I, § 138, Oct. 29, 1992, 106 Stat. 4397, as amended by Pub. L. 103–73, title I, § 102(3), Aug. 11, 1993, 107 Stat. 718, provided that: ‘‘(a) EFFECTIVE DATE.—Except as provided in sub- section (b), this title [enacting sections 718 to 718b, 725 to 728a, and 740 to 744 of this title, amending this sec- tion 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 amend- ments 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 (§§ 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 enact- ment of this Act [Oct. 29, 1992], consistent with the ef- fective and efficient administration of the Rehabilita- tion 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, § 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, set out as a note under section 1113 of Title 31, Money and Fi- nance. Executive Documents 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 re- lated 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 Handi- capped, 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 amend- ed 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, § 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 Rehabili- tation Act of 1973 (29 U.S.C. 791) and Section 4 of Reor- ganization Plan No. 1 of 1978 (43 FR 19808) [set out in the Appendix to Title 5, Government Organization and Employees], the Interagency Committee on Handi- capped Employees is enlarged and composed of the fol- lowing, or their designees whose positions are Execu- tive 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 Com- mission. (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 Em- ployment of People with Disabilities (Ex Officio). (12) Such other members as the President may des- ignate. 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. Page 290 TITLE 29—LABOR § 791 4527, which established the President’s Committee on Employment of People with Disabilities, the Executive Committee of the President’s Committee on Employ- ment of People with Disabilities, and the Advisory Council on Employment of People with Disabilities, and provided for the membership, functions, and ad- ministration of those bodies, and superseded Ex. Ord. No. 11480, was revoked by Ex. Ord. No. 13187, § 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, pro- vided: 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 op- portunities for individuals with disabilities to be em- ployed at all levels and occupations of the Federal Gov- ernment, and to support the goals articulated in sec- tion 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), it is hereby ordered as follows: SECTION 1. Increasing the Federal Employment Opportu- nities for Individuals with Disabilities. (a) Recent evi- dence demonstrates that, throughout the United States, qualified persons with disabilities have been re- fused employment despite their availability and quali- fications, and many qualified persons with disabilities are never made aware of available employment oppor- tunities. Evidence also suggests that increased efforts at outreach, and increased understanding of the reason- able accommodations available for persons with dis- abilities, will permit persons with disabilities to com- pete for employment on a more level playing field. (b) Based on current hiring patterns and anticipated increases from expanded outreach efforts and appro- priate accommodations, the Federal Government, over the next 5 years, will be able to hire 100,000 qualified in- dividuals with disabilities. In furtherance of such ef- forts, 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 tradi- tional and nontraditional methods; and (3) Increase their efforts to accommodate individ- uals with disabilities. (c) As a model employer, the Federal Government will take the lead in educating the public about em- ployment 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 pre- pare 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 Per- sonnel 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 Fed- eral 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, sub- stantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its offi- cers, 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, pro- vided: 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 ac- commodation for (1) individuals with disabilities in the application process for Federal employment; (2) Fed- eral employees with disabilities to perform the essen- tial functions of a position; and (3) Federal employees with disabilities to enjoy benefits and privileges of em- ployment 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 writ- ten procedures for processing requests for reasonable accommodation by employees and applicants with dis- abilities. The written procedures may allow different components of an agency to tailor their procedures as necessary to ensure the expeditious processing of re- quests. (b) As set forth in Re-charting the Course: The First Re- port of the Presidential Task Force on Employment of Adults with Disabilities (1998), effective written proce- dures for processing requests for reasonable accommo- dation 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 appli- cant or employee to complete a reasonable accommo- dation request form for recordkeeping purposes, the form must be provided as an attachment to the agen- cy’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 pos- sible; (4) Explain the responsibility of the employee or ap- plicant 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 accommoda- tion, 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 ben- efits and privileges of the workplace; (6) Explain the agency’s right to have medical in- formation reviewed by a medical expert of the agen- cy’s choosing at the agency’s expense; (7) Provide that reassignment will be considered as a reasonable accommodation if the agency deter- mines 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 ac- commodation and maintain the confidentiality of medical information received in accordance with ap- plicable law and regulations; and (10) Encourage the use of informal dispute resolu- tion processes to allow individuals with disabilities to obtain prompt reconsideration of denials of reason- able accommodation. Agencies must also inform indi- viduals with disabilities that they have the right to file complaints in the Equal Employment Oppor- tunity process and other statutory processes, as ap- propriate, if their requests for reasonable accommo- dation are denied. SEC. 2. Submission of Agency Reasonable Accommodation Procedures to the Equal Employment Opportunity Commis- Page 291 TITLE 29—LABOR § 791 sion (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 modi- fications 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 pro- cedures 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 dis- abilities may have under the Rehabilitation Act of 1973, as amended. (b) This order is intended only to improve the inter- nal 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. 13548. INCREASING FEDERAL EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES Ex. Ord. No. 13548, July 26, 2010, 75 F.R. 45039, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish the Federal Govern- ment as a model employer of individuals with disabil- ities, it is hereby ordered as follows: SECTION 1. Policy. Approximately 54 million Ameri- cans are living with a disability. The Federal Govern- ment has an important interest in reducing discrimina- tion against Americans living with a disability, in eliminating the stigma associated with disability, and in encouraging Americans with disabilities to seek em- ployment in the Federal workforce. Yet Americans with disabilities have an employment rate far lower than that of Americans without disabilities, and they are underrepresented in the Federal workforce. Individ- uals with disabilities currently represent just over 5 percent of the nearly 2.5 million people in the Federal workforce, and individuals with targeted disabilities (as defined below) currently represent less than 1 per- cent of that workforce. On July 26, 2000, in the final year of his administra- tion, President Clinton signed Executive Order 13163, calling for an additional 100,000 individuals with dis- abilities to be employed by the Federal Government over 5 years. Yet few steps were taken to implement that Executive Order in subsequent years. As the Nation’s largest employer, the Federal Gov- ernment must become a model for the employment of individuals with disabilities. Executive departments and agencies (agencies) must improve their efforts to employ workers with disabilities through increased re- cruitment, hiring, and retention of these individuals. My Administration is committed to increasing the number of individuals with disabilities in the Federal workforce through compliance with Executive Order 13163 and achievement of the goals set forth therein over 5 years, including specific goals for hiring individ- uals with targeted disabilities. SEC. 2. Recruitment and Hiring of Individuals with Dis- abilities. (a) Within 60 days of the date of this order, the Director of the Office of Personnel Management, in consultation with the Secretary of Labor, the Chair of the Equal Employment Opportunity Commission, and the Director of the Office of Management and Budget, shall design model recruitment and hiring strategies for agencies seeking to increase their employment of people with disabilities and develop mandatory train- ing programs for both human resources personnel and hiring managers on the employment of individuals with disabilities. (b) Within 120 days of the date the Office of Personnel Management sets forth strategies and programs re- quired under subsection (a), each agency shall develop an agency-specific plan for promoting employment op- portunities for individuals with disabilities. The plan shall be developed in consultation with and, as appro- priate, subject to approval by the Director of the Office of Personnel Management and the Director of the Of- fice of Management and Budget, and shall, consistent with law, include performance targets and numerical goals for employment of individuals with disabilities and sub-goals for employment of individuals with tar- geted disabilities. (c) Each agency shall designate a senior-level agency official to be accountable for enhancing employment opportunities for individuals with disabilities and indi- viduals with targeted disabilities within the agency, consistent with law, and for meeting the goals of this order. This official, among other things, shall be ac- countable for developing and implementing the agen- cy’s plan under subsection (b), creating recruitment and training programs for employment of individuals with disabilities and targeted disabilities, and coordi- nating employment counseling to help match the ca- reer aspirations of individuals with disabilities to the needs of the agency. (d) In implementing their plans, agencies, to the ex- tent permitted by law, shall increase utilization of the Federal Government’s Schedule A excepted service hir- ing authority for persons with disabilities and increase participation of individuals with disabilities in intern- ships, fellowships, and training and mentoring pro- grams. (e) The Office of Personnel Management shall assist agencies with the implementation of their plans. The Director of the Office of Personnel Management, in consultation with the Director of the Office of Manage- ment and Budget, shall implement a system for report- ing regularly to the President, the heads of agencies, and the public on agencies’ progress in implementing their plans and the objectives of this order. The Office of Personnel Management, to the extent permitted by law, shall compile and post on its website Government- wide statistics on the hiring of individuals with disabil- ities. SEC. 3. Increasing Agencies’ Retention and Return to Work of Individuals with Disabilities. (a) The Director of the Office of Personnel Management, in consultation with the Secretary of Labor and the Chair of the Equal Employment Opportunity Commission, shall identify and assist agencies in implementing strategies for re- taining Federal workers with disabilities in Federal employment including, but not limited to, training, the use of centralized funds to provide reasonable accom- modations, increasing access to appropriate accessible technologies, and ensuring the accessibility of physical and virtual workspaces. (b) Agencies shall make special efforts, to the extent permitted by law, to ensure the retention of those who are injured on the job. Agencies shall work to improve, expand, and increase successful return-to-work out- comes for those of their employees who sustain work- related injuries and illnesses, as defined under the Fed- eral Employees’ Compensation Act (FECA), by increas- ing the availability of job accommodations and light or limited duty jobs, removing disincentives for FECA claimants to return to work, and taking other appro- priate measures. The Secretary of Labor, in consulta- tion with the Director of the Office of Personnel Man- agement, shall pursue innovative re-employment strat- egies and develop policies, procedures, and structures that foster improved return-to-work outcomes, includ- ing by pursuing overall reform of the FECA system. The Secretary of Labor shall also propose specific out- come measures and targets by which each agency’s progress in carrying out return-to-work and FECA claims processing efforts can be assessed. SEC. 4. Definitions. (a) ‘‘Disability’’ shall be defined as set forth in the ADA Amendments Act of 2008. (b) ‘‘Targeted disability’’ shall be defined as set forth on the form for self-identification of disability, Stand- Page 292 TITLE 29—LABOR § 792 1 So in original. Probably should be ‘‘Access Board’’. ard Form 256 (SF 256), issued by the Office of Personnel Management, or any replacements, updates, or revi- sions thereto. (c) Not less than 1 year after the date of this order and in consultation with the Equal Employment Oppor- tunity Commission, the Department of Labor, and the Office of Management and Budget, the Office of Per- sonnel Management shall review the effectiveness of the definition of targeted disability set forth in SF 256 and replace, update, or revise it as appropriate. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agen- cy, or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations, and shall not be construed to require any Federal employee to disclose disability status involun- tarily. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 792. Architectural and Transportation Barriers Compliance Board (a) Establishment; membership; chairperson; vice-chairperson; term of office; termination of membership; reappointment; compensa- tion and travel expenses; bylaws; quorum re- quirements (1) There is established within the Federal Government the Architectural and Transpor- tation Barriers Compliance Board (hereinafter referred to as the ‘‘Access Board’’) which shall be composed as follows: (A) Thirteen members shall be appointed by the President from among members of the general public of whom at least a majority shall be individuals with disabilities. (B) The remaining members shall be the heads of each of the following departments or agencies (or their designees whose positions are executive level IV or higher): (i) Department of Health and Human Serv- ices. (ii) Department of Transportation. (iii) Department of Housing and Urban De- velopment. (iv) Department of Labor. (v) Department of the Interior. (vi) Department of Defense. (vii) Department of Justice. (viii) General Services Administration. (ix) Department of Veterans Affairs. (x) United States Postal Service. (xi) Department of Education. (xii) Department of Commerce. The chairperson and vice-chairperson of the Ac- cess Board shall be elected by majority vote of the members of the Access Board to serve for terms of one year. When the chairperson is a member of the general public, the vice-chair- person shall be a Federal official; and when the chairperson is a Federal official, the vice-chair- person shall be a member of the general public. Upon the expiration of the term as chairperson of a member who is a Federal official, the subse- quent chairperson shall be a member of the gen- eral public; and vice versa. (2)(A)(i) The term of office of each appointed member of the Access Board shall be 4 years, ex- cept as provided in clause (ii). Each year, the terms of office of at least three appointed mem- bers of the board 1 shall expire. (ii)(I) One member appointed for a term begin- ning December 4, 1992 shall serve for a term of 3 years. (II) One member appointed for a term begin- ning December 4, 1993 shall serve for a term of 2 years. (III) One member appointed for a term begin- ning December 4, 1994 shall serve for a term of 1 year. (IV) Members appointed for terms beginning before December 4, 1992 shall serve for terms of 3 years. (B) A member whose term has expired may continue to serve until a successor has been ap- pointed. (C) A member appointed to fill a vacancy shall serve for the remainder of the term to which that member’s predecessor was appointed. (3) If any appointed member of the Access Board becomes a Federal employee, such mem- ber may continue as a member of the Access Board for not longer than the sixty-day period beginning on the date the member becomes a Federal employee. (4) No individual appointed under paragraph (1)(A) of this subsection who has served as a member of the Access Board may be reappointed to the Access Board more than once unless such individual has not served on the Access Board for a period of two years prior to the effective date of such individual’s appointment. (5)(A) Members of the Access Board who are not regular full-time employees of the United States shall, while serving on the business of the Access Board, be entitled to receive compensa- tion at rates fixed by the President, but not to exceed the daily equivalent of the rate of pay for level IV of the Executive Schedule under section 5315 of title 5, including travel time, for each day they are engaged in the performance of their duties as members of the Access Board; and shall be entitled to reimbursement for trav- el, subsistence, and other necessary expenses in- curred by them in carrying out their duties under this section. (B) Members of the Access Board who are em- ployed by the Federal Government shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary ex- penses incurred by them in carrying out their duties under this section. (6)(A) The Access Board shall establish such bylaws and other rules as may be appropriate to enable the Access Board to carry out its func- tions under this chapter. (B) The bylaws shall include quorum require- ments. The quorum requirements shall provide that (i) a proxy may not be counted for purposes of establishing a quorum, and (ii) not less than half the members required for a quorum shall be members of the general public appointed under paragraph (1)(A).