
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3102]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT
 
                  SUBCHAPTER I--EMPLOYMENT AUTHORITIES
 
Sec. 3102. Employment of personal assistants for handicapped 
        employees, including blind and deaf employees
        
    (a) For the purpose of this section--
        (1) ``agency'' means--
            (A) an Executive agency;
            (B) the Library of Congress; and
            (C) an office, agency, or other establishment in the 
        judicial branch;

        (2) ``handicapped employee'' means an individual employed by an 
    agency who is blind or deaf or who otherwise qualifies as a 
    handicapped individual within the meaning of section 501 of the 
    Rehabilitation Act of 1973 (29 U.S.C. 794); and
        (3) ``nonprofit organization'' means an organization determined 
    by the Secretary of the Treasury to be an organization described in 
    section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. 
    501(c)) which is exempt from taxation under section 501(a) of such 
    Code.

    (b)(1) The head of each agency may employ one or more personal 
assistants who the head of the agency determines are necessary to enable 
a handicapped employee of that agency to perform the employee's official 
duties and who shall serve without pay from the agency without regard 
to--
        (A) the provisions of this title governing appointment in the 
    competitive service;
        (B) chapter 51 and subchapter III of chapter 53 of this title; 
    and
        (C) section 1342 of title 31.

Such employment may include the employing of a reading assistant or 
assistants for a blind employee or an interpreting assistant or 
assistants for a deaf employee.
    (2) A personal assistant, including a reading or interpreting 
assistant, employed under this subsection may receive pay for services 
performed by the assistant from the handicapped employee or a nonprofit 
organization, without regard to section 209 of title 18.
    (c) The head of each agency may also employ or assign one or more 
personal assistants who the head of the agency determines are necessary 
to enable a handicapped employee of that agency to perform the 
employee's official duties. Such employment may include the employing of 
a reading assistant or assistants for a blind employee or an 
interpreting assistant or assistants for a deaf employee.
    (d)(1) In the case of any handicapped employee (including a blind or 
deaf employee) traveling on official business, the head of the agency 
may authorize the payment to an individual to accompany or assist (or 
both) the handicapped employee for all or a portion of the travel period 
involved. Any payment under this subsection to such an individual may be 
made either directly to that individual or by advancement or 
reimbursement to the handicapped employee.
    (2) With respect to any individual paid to accompany or assist a 
handicapped employee under paragraph (1) of this subsection--
        (A) the amount paid to that individual shall not exceed the 
    limit or limits which the Office of Personnel Management shall 
    prescribe by regulation to ensure that the payment does not exceed 
    amounts (including pay and, if appropriate, travel expenses and per 
    diem allowances) which could be paid to an employee assigned to 
    accompany or assist the handicapped employee; and
        (B) that individual shall be considered an employee, but only 
    for purposes of chapter 81 of this title (relating to compensation 
    for injury) and sections 2671 through 2680 of title 28 (relating to 
    tort claims).

    (e) This section may not be held or considered to prevent or limit 
in any way the assignment to a handicapped employee (including a blind 
or deaf employee) by an agency of clerical or secretarial assistance, at 
the expense of the agency under statutes and regulations currently 
applicable at the time, if that assistance normally is provided, or 
authorized to be provided, in that manner under currently applicable 
statutes and regulations.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 414; Pub. L. 90-623, Sec. 1(3), 
Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95-454, title III, Sec. 302(a), 
(b)(2), Oct. 13, 1978, 92 Stat. 1145, 1146; Pub. L. 96-54, 
Sec. 2(a)(11), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-523, Sec. 1(a), 
Dec. 12, 1980, 94 Stat. 3039; Pub. L. 97-258, Sec. 3(a)(3), Sept. 13, 
1982, 96 Stat. 1063; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
2095; Pub. L. 106-518, title III, Sec. 311, Nov. 13, 2000, 114 Stat. 
2421; Pub. L. 106-553, Sec. 1(a)(2) [title III, Sec. 307], Dec. 21, 
2000, 114 Stat. 2762, 2762A-86.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 43a.                 Aug. 29, 1962, Pub.
                                                    L. 87-614, 76 Stat.
                                                    408.
------------------------------------------------------------------------

    In subsection (a)(1), the word ``agency'' is substituted for 
``department''. The words ``Executive agency'' are coextensive with and 
substituted for ``each executive department of the Federal Government, 
each agency or independent establishment in the executive branch of such 
Government, each corporation wholly owned or controlled by such 
Government, and the General Accounting Office'' in view of the 
definition of ``Executive agency'' in section 105.
    In subsection (a)(3), the words ``individual employed'' are 
substituted for ``employee'' so as to include individuals employed by 
the government of the District of Columbia who are not employees as 
defined by section 2105.
    In subsection (b), the word ``may'' is substituted for ``is 
authorized'' and the words ``in his discretion'' are omitted as 
unnecessary in view of the permissive nature of the authority. The words 
``in the provisions of this title governing appointment in the 
competitive service'' are substituted for ``the civil service rules''. 
The words ``section 209 of title 18'' are substituted for ``section 1914 
of title 18'' on authority of the Act of Oct. 24, 1962, Pub. L. 87-849, 
Sec. 2, 76 Stat. 1126.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 501 of the Rehabilitation Act of 1973, referred to in 
subsec. (a)(2), is classified to section 791 of Title 29, Labor, rather 
than to section 794 of Title 29 as shown in text.


                               Amendments

    2000--Subsec. (a)(1)(C). Pub. L. 106-518 and Pub. L. 106-553 amended 
par. (1) identically, adding subpar. (C).
    1986--Subsec. (a)(3). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954''.
    1982--Subsec. (b)(1)(C). Pub. L. 97-258 substituted ``section 1342 
of title 31'' for ``section 3679(b) of the Revised Statutes (31 U.S.C. 
665(b))''.
    1980--Pub. L. 96-523 amended section generally and, among other 
changes, in section catchline substituted ``personal assistants for 
handicapped employees, including blind and'' for ``reading assistants 
for blind employees and interpreting assistants for'', in subsec. (a) 
substituted applicability to handicapped employees for applicability to 
blind and deaf employees omitted applicability to the government of the 
District of Columbia, in subsec. (b) substituted applicability to 
personal assistants for applicability to reading and interpreting 
assistants for blind and deaf employees, respectively, redesignated 
former subsec. (d) as (c) and made changes in phraseology, added subsec. 
(d), and redesignated former subsec. (c) as (e) and made changes in 
phraseology.
    1979--Subsec. (a)(2). Pub. L. 96-54 substituted ``Mayor'' for 
``Commissioner''.
    1978--Pub. L. 95-454, Sec. 302(b)(2), substituted ``reading 
assistants for blind employees and interpreting assistants for deaf 
employees'' for ``readers for blind employees'' in section catchline.
    Subsec. (a)(4), (5). Pub. L. 95-454, Sec. 302(a)(1), added par. (4) 
and redesignated former par. (4) as (5).
    Subsec. (b). Pub. L. 95-454, Sec. 302(a)(2), inserted provisions 
respecting applicability to employment and compensation for interpreting 
assistant or assistants for deaf employees.
    Subsec. (c). Pub. L. 95-454, Sec. 302(a)(3), inserted ``or deaf'' 
after ``blind''.
    Subsec. (d). Pub. L. 95-454, Sec. 302(a)(4), added subsec. (d).
    1968--Subsec. (a)(2). Pub. L. 90-623 substituted ``Commissioner'' 
for ``Board of Commissioners''.


                    Effective Date of 1980 Amendment

    Section 3 of Pub. L. 96-523 provided that: ``The amendments made by 
this Act [amending this section, section 7 of the Federal Advisory 
Committee Act, set out in the Appendix to this title, section 604 of 
Title 28, Judiciary and Judicial Procedure, and section 410 of Title 39, 
Postal Service] shall take effect sixty days after the date of the 
enactment of this Act [Dec. 12, 1980].''


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 intended to restate without substantive 
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 28 section 604; title 38 
section 7281; title 39 section 410.
