5 U.S.C. § 3102 — Employment of personal assistants for handicapped employees, including blind and deaf employees

(a) Definitions. In this section, “agency” means an Executive agency, the Library of Congress, or an office, agency, or other establishment in the judicial branch. “Handicapped employee” means an agency employee who is blind, deaf, or otherwise qualifies as a handicapped individual under section 501 of the Rehabilitation Act of 1973. “Nonprofit organization” means an organization the Secretary of the Treasury determines is described in section 501(c) of the Internal Revenue Code and exempt from tax under section 501(a). This section does not define the quoted terms “Executive agency,” “handicapped individual,” or “nonprofit organization” beyond those cross-references.

(b) (1) An agency head may employ one or more personal assistants needed to let a handicapped employee perform official duties. The assistants serve without pay from the agency, and the normal rules in this title about competitive-service appointments, pay classification and rates, and 31 U.S.C. § 1342 do not apply. The employment may include reading assistants for a blind employee or interpreting assistants for a deaf employee. (2) The assistant may be paid by the handicapped employee or a nonprofit organization for services, despite 18 U.S.C. § 209.

(c) An agency head may also employ or assign personal assistants needed to let a handicapped employee perform official duties, including reading assistants for blind employees and interpreting assistants for deaf employees.

(d) (1) For a handicapped employee traveling on official business, the agency head may authorize payment to someone who accompanies or assists the employee, or does both, for all or part of the trip. Payment may go directly to that person or may be advanced or reimbursed to the employee. (2) The payment may not exceed limits set by the Office of Personnel Management so that it does not exceed what could be paid to an employee assigned to provide the help, including pay and, when appropriate, travel expenses and per diem. The person is treated as an employee only for chapter 81 of this title, concerning injury compensation, and 28 U.S.C. §§ 2671–2680, concerning tort claims.

(e) This section does not prevent or limit an agency from assigning a handicapped employee clerical or secretarial help at agency expense under the statutes and regulations then in force when that help is normally provided or authorized under those rules.