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.
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.
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 510,1 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate to employment.
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.
1 See References in Text note below.
29 U.S.C. § 793
EDITORIAL NOTES
REFERENCES IN TEXTThe Americans with Disabilities Act of 1990, referred to in subsecs. (d) and (e), is Pub. L. 101-336, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. Title I of the Act is classified generally to subchapter I (§12111 et seq.) of chapter 126 of Title 42. 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.
AMENDMENTS1992-Subsec. (a). Pub. L. 102-569, §§102(p)(31)(A), 505, substituted "$10,000" for "$2,500" in two places, struck out ", in employing persons to carry out such contract," after "contain a provision requiring that", and substituted "individuals with disabilities" for "individuals with handicaps as defined in section 706(8) of this title".Subsec. (b). Pub. L. 102-569, §102(p)(31)(B), substituted "individual with a disability" for "individual with handicaps" and "individuals with disabilities" for "individuals with handicaps".Subsec. (c). Pub. L. 102-569, §505(b), designated existing provisions as par. (1) and added par. (2). Subsecs. (d), (e). Pub. L. 102-569, §505(c), added subsecs. (d) and (e).1988-Subsec. (a). Pub. L. 100-630, §206(c)(1), inserted a comma after "to carry out such contract". Subsec. (b). Pub. L. 100-630, §206(c)(2), substituted "refused" for "refuses".Subsec. (c). Pub. L. 100-630, §206(c)(3), substituted "which the President" for "which The President" and "when the President" for "when The President". 1986-Subsec. (a). Pub. L. 99-506, §§103(d)(2)(C), 1002, substituted "individuals with handicaps" for "handicapped individuals" and "section 706(8) of this title" for "section 706(7) of this title".Subsec. (b). Pub. L. 99-506, §§103(d)(2)(B), (C), 1001, substituted "individual with handicaps" for "handicapped individual", "individuals with handicaps" for "handicapped individuals", and "a contract" for "his contract". Subsec. (c). Pub. L. 99-506, §1001(f)(3), substituted "The President" for "he" in two places and substituted "the reasons" for "his reasons".1978-Subsec. (a). Pub. L. 95-602 substituted "section 706(7) of this title" for "section 706(6) of this title".