29 U.S.C. § 702 — Rehabilitation Services Administration

Page 196 TITLE 29—LABOR § 702 (i) develop and submit to the Office of Disability Employment Policy in the Department of Labor a comprehensive written plan for joint public-private efforts to promote employment opportunities for peo- ple with disabilities and improve their access to fi- nancial institutions and commercial and business en- terprises; (ii) identify strategies that may be used by employ- ers, labor unions, national and international organi- zations, and Federal, State, and local officials to in- crease employment opportunities for people with dis- abilities; and (iii) coordinate with the Office of Disability Em- ployment Policy in the Department of Labor in pro- moting the collaborative use of public and private re- sources to assist people with disabilities in forming and expanding small business concerns and in en- hancing their access to Federal procurement and other relevant business opportunities. Public re- sources include those of the Department of Labor, the Small Business Administration, the Department of Commerce, the Department of Education, the Depart- ment of Defense, the Department of Treasury, the De- partment of Veterans Affairs, the Federal Commu- nications Commission, and of executive departments and agency offices responsible for small, disadvan- taged businesses utilization. (c) The Board shall submit annual written reports to the President, who may apprise the Congress and other interested organizations and individuals on its activi- ties, progress, and problems relating to maximizing employment opportunities for people with disabilities. (d) The Chairperson of the Board shall serve as a member and Vice Chair of the National Task Force on Employment of Adults with Disabilities established under Executive Order 13078 of March 13, 1998 [set out above]. SEC. 3. Administration. (a) The Board shall meet when called by the Chairperson, at a time and place des- ignated by the Chairperson. The Chairperson shall call at least two meetings per calendar year. The Chair- person may form subcommittees or working groups within the Board to address particular matters. (b) The Chairperson may from time to time prescribe such rules, procedures, and policies relating to the ac- tivities of the Board as are not inconsistent with law or with the provisions of this order. (c) Members of the Board shall serve without com- pensation but shall be allowed travel expenses, includ- ing per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Federal service (5 U.S.C. 5701–5707). (d) The Department of Labor shall provide funding and appropriate support to assist the Board in carrying out the activities described in section 2 of this order, including necessary office space, equipment, supplies, services, and staff. The functions of the President under the Federal Advisory Committee Act, as amend- ed, except that of reporting to the Congress, that are applicable to the Commission, shall be performed by the Department of Labor in accordance with guidelines that have been issued by the Administrator of General Services. (e) The heads of executive departments and agencies shall, to the extent permitted by law, provide the Board such information as it may need for purposes of carrying out the functions described in section 2 of this order. SEC. 4. Prior Orders and Transition. (a) Executive Order 12640 of May 10, 1988, as amended, relating to the establishment of the President’s Committee on Em- ployment of People with Disabilities, is hereby re- voked. The employees, records, property, and funds of the Committee shall become the employees, records, property, and funds of the Department of Labor. (b) Executive Order 13078 of March 13, 1998 [set out above], is amended in sections 1(a) and (b) by striking ‘‘Chair of the President’s Committee on Employment of People with Disabilities’’ and inserting ‘‘Chairperson of the President’s Disability Employment Partnership Board.’’ WILLIAM J. CLINTON. § 702. Rehabilitation Services Administration (a) There is established in the Office of the Secretary in the Department of Education a Re- habilitation Services Administration which shall be headed by a Commissioner (hereinafter in this chapter referred to as the ‘‘Commis- sioner’’) appointed by the President by and with the advice and consent of the Senate. Such Ad- ministration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII. The Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program management. In the performance of the functions of the office, the Commissioner shall be directly responsible to the Secretary of Education or to the Under Secretary or an appropriate Assistant Secretary of such Department, as designated by the Sec- retary. The functions of the Commissioner shall not be delegated to any officer not directly re- sponsible, both with respect to program oper- ation and administration, to the Commissioner. Any reference in this chapter to duties to be carried out by the Commissioner shall be consid- ered to be a reference to duties to be carried out by the Secretary of Education acting through the Commissioner. In carrying out any of the functions of the office under this chapter, the Commissioner shall be guided by general poli- cies of the National Council on Disability estab- lished under subchapter IV of this chapter. (b) The Secretary of Education shall take whatever action is necessary to ensure that funds appropriated pursuant to this chapter are expended only for the programs, personnel, and administration of programs carried out under this chapter. (Pub. L. 93–112, § 3, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1096; amended Pub. L. 113–128, title IV, § 403, July 22, 2014, 128 Stat. 1632.) Editorial Notes PRIOR PROVISIONS A prior section 702, Pub. L. 93–112, § 3, Sept. 26, 1973, 87 Stat. 357; Pub. L. 93–516, title I, § 101(a), Dec. 7, 1974, 88 Stat. 1617; Pub. L. 93–651, title I, § 101(a), Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 95–602, title I, § 122(a)(2), (3), Nov. 6, 1978, 92 Stat. 2984; Pub. L. 99–506, title I, § 102, title X, § 1001(a)(1), Oct. 21, 1986, 100 Stat. 1808, 1841; Pub. L. 100–630, title II, § 201(a), Nov. 7, 1988, 102 Stat. 3303, re- lated to the Rehabilitation Services Administration, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128, § 403(1), inserted ‘‘in the Department of Education’’ after ‘‘Secretary’’ in first sentence, substituted ‘‘Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of sub- chapter VII.’’ for ‘‘Except for subchapters IV and V and as otherwise specifically provided in this chapter, such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of such De- partment for carrying out this chapter.’’ in second sen- tence, and inserted ‘‘of Education’’ after ‘‘to the Sec- retary’’ in fourth sentence and after ‘‘by the Sec- retary’’ in sixth sentence. Page 197 TITLE 29—LABOR § 705 Subsec. (b). Pub. L. 113–128, § 403(2), inserted ‘‘of Edu- cation’’ after ‘‘Secretary’’. Statutory Notes and Related Subsidiaries ADDITIONAL PERSONNEL FOR OFFICE FOR THE BLIND AND VISUALLY HANDICAPPED Pub. L. 93–516, title II, § 208(a), Dec. 7, 1974, 88 Stat. 1629, provided that: ‘‘The Secretary of Health, Edu- cation, and Welfare [now Secretary of Education] is di- rected to assign to the Office for the Blind and Visually Handicapped of the Rehabilitation Services Adminis- tration of the Department of Health, Education, and Welfare [now Department of Education] ten additional full-time personnel (or their equivalent), five of whom shall be supportive personnel, to carry out duties re- lated to the administration of the Randolph-Sheppard Act [section 107 et seq. of Title 20, Education].’’ An identical provision is contained in Pub. L. 93–651, title II, § 208(a), Nov. 21, 1974, 89 Stat. 2–14. PREFERENCE TO BLIND IN SELECTING PERSONNEL Pub. L. 93–516, title II, § 208(c), Dec. 7, 1974, 88 Stat. 1629, provided that: ‘‘In selecting personnel to fill any position under this section [authorizing assignment of 11 additional full-time personnel to the Office for the Blind and Visually Handicapped of the Rehabilitation Service Administration of the Department of Health, Education, and Welfare under subsecs. (a) and (b) of Pub. L. 93–516], the Secretary of Health, Education, and Welfare [now Secretary of Education] shall give pref- erence to blind individuals.’’ An identical provision is contained in Pub. L. 93–651, title II, § 208(c), Nov. 21, 1974, 89 Stat. 2–14. § 703. Advance funding (a) For the purpose of affording adequate no- tice of funding available under this chapter, ap- propriations under this chapter are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. (b) In order to effect a transition to the ad- vance funding method of timing appropriation action, the authority provided by subsection (a) of this section shall apply notwithstanding that its initial application will result in the enact- ment in the same year (whether in the same ap- propriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year. (Pub. L. 93–112, § 4, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1097.) Editorial Notes PRIOR PROVISIONS A prior section 703, Pub. L. 93–112, § 4, Sept. 26, 1973, 87 Stat. 358, related to advance funding, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. § 704. Joint funding Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this chapter, where funds are provided for a single project by more than one Federal agency to an agency or organization as- sisted under this chapter, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, in such cases, a single non-Federal share re- quirement may be established according to the proportion of funds advanced by each agency. When the principal agency involved is the Reha- bilitation Services Administration, it may waive any grant or contract requirement (as de- fined by such regulations) under or pursuant to any law other than this chapter, which require- ment is inconsistent with the similar require- ments of the administering agency under or pur- suant to this chapter. (Pub. L. 93–112, § 5, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1097.) Editorial Notes PRIOR PROVISIONS A prior section 704, Pub. L. 93–112, § 5, Sept. 26, 1973, 87 Stat. 359, related to joint funding, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. Executive Documents DELEGATION OF FUNCTIONS Authority of the President under this section dele- gated to Director of Office of Management and Budget by section 1 of Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040, set out as a note under section 7103 of Title 31, Money and Finance. § 705. Definitions For the purposes of this chapter: (1) Administrative costs The term ‘‘administrative costs’’ means ex- penditures incurred in the performance of ad- ministrative functions under the vocational rehabilitation program carried out under sub- chapter I, including expenses related to pro- gram planning, development, monitoring, and evaluation, including expenses for— (A) quality assurance; (B) budgeting, accounting, financial man- agement, information systems, and related data processing; (C) providing information about the pro- gram to the public; (D) technical assistance and support serv- ices to other State agencies, private non- profit organizations, and businesses and in- dustries, except for technical assistance and support services described in section 723(b)(5) of this title; (E) the State Rehabilitation Council and other advisory committees; (F) professional organization membership dues for designated State unit employees; (G) the removal of architectural barriers in State vocational rehabilitation agency of- fices and State operated rehabilitation fa- cilities; (H) operating and maintaining designated State unit facilities, equipment, and grounds; (I) supplies; (J) administration of the comprehensive system of personnel development described in section 721(a)(7) of this title, including personnel administration, administration of affirmative action plans, and training and staff development; (K) administrative salaries, including cler- ical and other support staff salaries, in sup- port of these administrative functions;