29 USC Section 793

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August 23, 2006

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Section 503 of the Rehabilitation Act of 1973, as amended
---DISCLAIMER--29 USC Sec. 793 (1993)

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UNITED STATES CODE
TITLE 29
CHAPTER 16
SUBCHAPTER V

§ 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 provision of this section shall apply to any subcontact 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

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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.

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• (c) Waiver by President; national interest special circumstances for waiver of particular
agreements; waiver by Secretary of Labor of affirmative action requirements

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• (1) The requirements of this secton 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.

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• (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.

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• (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 complaint 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 precents 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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