29 U.S.C. § 713 — Transfer of funds

Page 211 TITLE 29—LABOR § 713 1 See References in Text note below. I, § 105, Oct. 29, 1992, 106 Stat. 4361, related to adminis- tration of this chapter, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 709 of this title. A prior section 14 of Pub. L. 93–112 was renumbered section 16 and is classified to section 713 of this title. Another prior section 14 of Pub. L. 93–112 was classi- fied to section 713 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Pub. L. 113–128, § 407(a)(1), inserted ‘‘of Edu- cation’’ after ‘‘Secretary’’ wherever appearing. Subsec. (b). Pub. L. 113–128, § 407(a)(3)(A)–(C), des- ignated existing provisions as par. (1), redesignated subsec. (c) as par. (2), and redesignated subsec. (d) as par. (3). Subsecs. (c), (d). Pub. L. 113–128, § 407(a)(3)(D), redesig- nated subsecs. (e) and (f) as (c) and (d), respectively. Former subsecs. (c) and (d) redesignated pars. (2) and (3), respectively, of subsec. (b). Subsecs. (e), (f). Pub. L. 113–128, § 407(a)(4), added sub- secs. (e) and (f). Former subsecs. (e) and (f) redesignated (c) and (d), respectively. Subsec. (f)(2). Pub. L. 113–128, § 407(a)(2), inserted ‘‘competitive’’ after ‘‘nonintegrated to’’. § 712. Information clearinghouse (a) Establishment; information and resources for individuals with disabilities The Secretary of Education shall establish a central clearinghouse for information and re- source availability for individuals with disabil- ities which shall provide information and data regarding— (1) the location, provision, and availability of services and programs for individuals with disabilities, including such information and data provided by State workforce development boards regarding such services and programs authorized under title I of such Act; 1 (2) research and recent medical and sci- entific developments bearing on disabilities (and their prevention, amelioration, causes, and cures); and (3) the current numbers of individuals with disabilities and their needs. The clearinghouse shall also provide any other relevant information and data which the Sec- retary of Education considers appropriate. (b) Information and data retrieval system The Commissioner may assist the Secretary of Education to develop within the Department of Education a coordinated system of information and data retrieval, which will have the capacity and responsibility to provide information re- garding the information and data referred to in subsection (a) of this section to the Congress, public and private agencies and organizations, individuals with disabilities and their families, professionals in fields serving such individuals, and the general public. (c) Office of Information and Resources for Indi- viduals with Disabilities The office established to carry out the provi- sions of this section shall be known as the ‘‘Of- fice of Information and Resources for Individ- uals with Disabilities’’. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary. (Pub. L. 93–112, § 15, formerly § 13, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1113; renumbered § 15, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 407(b), July 22, 2014, 128 Stat. 1639.) Editorial Notes REFERENCES IN TEXT Such Act, referred to in subsec. (a)(1), probably means the Workforce Investment Act of 1998, which is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was re- pealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to former chapter 30 (former § 2801 et seq.) of this title. Pursuant to section 3361(a) of this title, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Inno- vation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce Investment Act of 1998 to the Code, see Ta- bles. For complete classification of the Workforce Inno- vation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 714 of this title prior to repeal by Pub. L. 105–220. A prior section 712, Pub. L. 93–112, § 13, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2985; amended Pub. L. 98–221, title I, § 102, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, title I, § 105, Oct. 21, 1986, 100 Stat. 1812; Pub. L. 102–569, title I, §§ 102(p)(4), 106, Oct. 29, 1992, 106 Stat. 4356, 4362; Pub. L. 104–66, title I, § 1042(c), Dec. 21, 1995, 109 Stat. 715, related to reports to President and Congress, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 710 of this title. A prior section 15 of Pub. L. 93–112 was renumbered section 17 and is classified to section 714 of this title. Another prior section 15 of Pub. L. 93–112 was classi- fied to section 714 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128, § 407(b)(1)(A), in- serted ‘‘of Education’’ after ‘‘Secretary’’ in introduc- tory and concluding provisions. Subsec. (a)(1). Pub. L. 113–128, § 407(b)(1)(B), sub- stituted ‘‘State workforce development boards’’ for ‘‘State workforce investment boards’’. Subsec. (b). Pub. L. 113–128, § 407(b)(2), substituted ‘‘Secretary of Education’’ for ‘‘Secretary’’. § 713. Transfer of funds (a) Except as provided in subsection (b) of this section, no funds appropriated under this chap- ter for any program or activity may be used for any purpose other than that for which the funds were specifically authorized. (b) No more than 1 percent of funds appro- priated for discretionary grants, contracts, or cooperative agreements authorized by this chap- ter may be used for the purpose of providing non-Federal panels of experts to review applica- tions for such grants, contracts, or cooperative agreements. Page 212 TITLE 29—LABOR § 714 (Pub. L. 93–112, § 16, formerly § 14, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1113; renumbered § 16, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 715 of this title prior to repeal by Pub. L. 105–220. A prior section 713, Pub. L. 93–112, § 14, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2986; amended Pub. L. 98–221, title I, § 103, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, title I, §§ 103(d)(2)(C), 106, title X, § 1001(a)(5), Oct. 21, 1986, 100 Stat. 1810, 1812, 1841; Pub. L. 100–630, title II, § 201(f), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–569, title I, §§ 102(p)(5), 107, Oct. 29, 1992, 106 Stat. 4356, 4362, related to program and project evalua- tion, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 711 of this title. A prior section 16 of Pub. L. 93–112 was renumbered section 18 and is classified to section 715 of this title. Another prior section 16 of Pub. L. 93–112 was classi- fied to section 715 of this title prior to repeal by Pub. L. 105–220. § 714. State administration The application of any State rule or policy re- lating to the administration or operation of pro- grams funded by this chapter (including any rule or policy based on State interpretation of any Federal law, regulation, or guideline) shall be identified as a State imposed requirement. (Pub. L. 93–112, § 17, formerly § 15, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1114; renumbered § 17, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 716 of this title prior to repeal by Pub. L. 105–220. A prior section 714, Pub. L. 93–112, § 15, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2986; amended Pub. L. 96–374, title XIII, § 1322, Oct. 3, 1980, 94 Stat. 1499; Pub. L. 98–221, title I, § 104(a)(1), Feb. 22, 1984, 98 Stat. 18; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 102–569, title I, § 102(p)(6), Oct. 29, 1992, 106 Stat. 4356, related to information clear- inghouse, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 712 of this title. A prior section 17 of Pub. L. 93–112 was renumbered section 19 and is classified to section 716 of this title. Another prior section 17 of Pub. L. 93–112 was classi- fied to section 716 of this title prior to repeal by Pub. L. 105–220. § 715. Review of applications Applications for grants in excess of $100,000 in the aggregate authorized to be funded under this chapter, other than grants primarily for the pur- pose of conducting dissemination or conferences, shall be reviewed by panels of experts which shall include a majority of non-Federal mem- bers. Non-Federal members may be provided travel, per diem, and consultant fees not to ex- ceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5. (Pub. L. 93–112, § 18, formerly § 16, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1114; renumbered § 18, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 717 of this title prior to repeal by Pub. L. 105–220. A prior section 715, Pub. L. 93–112, § 16, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2987; amended Pub. L. 99–506, title I, § 107, Oct. 21, 1986, 100 Stat. 1812; Pub. L. 102–569, title I, § 108(a), Oct. 29, 1992, 106 Stat. 4363, related to transfer of funds, prior to re- peal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 713 of this title. A prior section 18 of Pub. L. 93–112 was renumbered section 20 and is classified to section 717 of this title. Another prior section 18 of Pub. L. 93–112 was classi- fied to section 717 of this title prior to repeal by Pub. L. 105–220. § 716. Carryover (a) In general Except as provided in subsection (b), and not- withstanding any other provision of law— (1) any funds appropriated for a fiscal year to carry out any grant program under part B of subchapter I, section 794e of this title (ex- cept as provided in section 794e(b) of this title), subchapter VI, subpart 2 or 3 of part A of subchapter VII, or part B of subchapter VII (except as provided in section 796k(b) of this title), including any funds reallotted under any such grant program, that are not obli- gated and expended by recipients prior to the beginning of the succeeding fiscal year; or (2) any amounts of program income, includ- ing reimbursement payments under the Social Security Act (42 U.S.C. 301 et seq.), received by recipients under any grant program specified in paragraph (1) that are not obligated and ex- pended by recipients prior to the beginning of the fiscal year succeeding the fiscal year in which such amounts were received, shall remain available for obligation and ex- penditure by such recipients during such suc- ceeding fiscal year. (b) Non-Federal share Such funds shall remain available for obliga- tion and expenditure by a recipient as provided in subsection (a) only to the extent that the re- cipient complied with any Federal share require- ments applicable to the program for the fiscal year for which the funds were appropriated. (Pub. L. 93–112, § 19, formerly § 17, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1114; renumbered § 19 and amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1), (b)(4)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–413; Pub. L. 113–128, title IV, § 408, July 22, 2014, 128 Stat. 1639.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classi-