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United States Code (USC) - 29 USC § 793 <br />Page 1 of 2 <br />t,..,/ <br />29 USC § 793 <br />United States Code (USC) <br />Title 29 -LABOR <br />Chapter 16 -VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES <br />29 USC § 793 Employment under Federal contracts <br />29 USC § 793. Employment under Federal contracts <br />SUBCHAPTER V -RIGHTS AND ADVOCACY <br />(a) Amount of contracts or subcontracts; provision for employment and advancement of qualified <br />individuals with disabilities; regulations <br />Any contract in excess of $10,000 entered into by any Federal department or agency for the <br />procurement of personal property and nonpersonal services (including construction) for the United <br />States shall contain a provision requiring that the party contracting with the United States shall take <br />affirmative. action to employ and advance in employment qualified individuals with disabilities. The <br />provisions of this section shall apply to any subcontract in excess of $10,000 entered into by a prime <br />contractor in carrying out any contract for the procurement of personal property and nonpersonal <br />services (including construction) for the United States. The President shall implement the provisions of <br />this section by promulgating regulations within ninety days after September 26, 1973. <br />(b) Administrative enforcement; complaints; investigations; departmental action <br />If any individual with a disability believes any contractor has failed or refused to comply with the <br />provisions of a contract with the United States, relating to employment of individuals with disabilities, <br />such individual may file a complaint with the Department of Labor. The Department shall promptly <br />investigate such complaint and shall take such action thereon as the facts and circumstances warrant, <br />consistent with the terms of such contract and the laws and regulations applicable thereto. <br />(c) Waiver by President; national interest special circumstances for waiver of particular agreements; <br />waiver by Secretary of Labor of affirmative action requirements <br />(1) The requirements of this section may be waived, in whole or in part, by the President with <br />respect to a particular contract or subcontract, in accordance with guidelines set forth in regulations <br />which the President shall prescribe, when the President determines that special circumstances in the <br />national interest so require and states in writing the reasons for such determination. <br />(2)(A) The Secretary of Labor may waive the requirements of the affirmative action clause required <br />by regulations promulgated under subsection (a) of this section with respect to any of a prime <br />contractor's or subcontractor's facilities that are found to be in all respects separate and distinct from <br />activities of the prime contractor or subcontractor related to the performance of the contract or <br />subcontract, if the Secretary of Labor also finds that such a waiver will not interfere with or impede the <br />effectuation of this chapter. <br />(B) Such waivers shall be considered only upon the request of the contractor or subcontractor. The <br />Secretary of Labor shall promulgate regulations that set forth the standards used for granting such a <br />waiver. <br />http://66.161.141.175/cgi-bin/texis/web/usstat/+kye-LPtetxbnmetD 1 wethDxwwxFgH6gw9... 4/9/2007 <br />