Executive Order 11758—Delegating Authority of the President Under the Rehabilitation Act of 1973

By virtue of the authority vested in me by section 301 of title 3 of the United States Code and as President of the United States of America, it is hereby ordered as follows:

SECTION 1. The Director of the Office of Management and Budget is hereby designated and empowered to exercise, without approval, ratification, or other action of the President, the authority of the President (1) under section 5 of the Rehabilitation Act of 1973 (Public Law 93-112) to issue regulations with respect to joint respect to the transfer of unexpended appropriations.

SEC. 2. The Secretary of Labor is hereby designated and empowered to exercise, without approval, ratification, or other action of the President, the authority of the President (1) under section 503 (a) of the Rehabilitation Act of 1973 to prescribe regulations, after consultation with the Secretary of Defense and the Administrator of General Services, with respect to the employment of qualified handicapped individuals under Federal procurement contracts, and (2) under section 503 (c) of that act with respect to prescribing, by regulation, guidelines for waiving the requirements of section 503 of the act. Changes in any regulations prescribed by the Secretary pursuant to the preceding sentence shall be made only after consultation with the Secretary of Defense and the Administrator of General Services.

SEC. 3. The head of a Federal agency may, in conformity with the provisions of section 503 (c) of the Rehabilitation Act of 1973, and regulations issued by the Secretary of Labor pursuant to section 2 of this order, exempt any contract and, following consultation with the Secretary of Labor, any class of contracts, from the requirements of section 503 of the act.

SEC. 4. The Federal Procurement Regulations, the Armed Services Procurement Regulations, and, to the extent necessary, any supplemental or comparable regulations issued by any agency of the executive branch shall, following consultation with the Secretary of Labor, be amended to require, as a condition of entering into, renewing or extending any contract subject to the provisions of section 503 of the Rehabilitation Act of 1973, inclusion of a provision requiring compliance with that section and regulations issued by the Secretary pursuant to section 2 of this order.

RICHARD NIXON

The White House,

January 15, 1974.