42 U.S.C. § 3515d — Expenses of Office of Inspector General;

Page 5913 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3515d Editorial Notes AMENDMENTS 2009—Pub. L. 111–8 substituted ‘‘in this or any suc- ceeding’’ for ‘‘for this or any succeeding’’. § 3515. Performance of one-year contracts during two fiscal years Funds provided in this Act or subsequent De- partments of Labor, Health and Human Serv- ices, and Education, and Related Agencies Ap- propriations Acts may be used for one-year con- tracts which are to be performed in two fiscal years, so long as the total amount for such con- tracts is obligated in the year for which the funds are appropriated. (Pub. L. 102–394, title II, § 208, Oct. 6, 1992, 106 Stat. 1811.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in the following prior appropriation acts: Pub. L. 102–170, title II, § 208, Nov. 26, 1991, 105 Stat. 1127. Pub. L. 101–517, title II, § 208, Nov. 5, 1990, 104 Stat. 2209. Pub. L. 101–166, title II, § 210, Nov. 21, 1989, 103 Stat. 1177. Pub. L. 100–202, § 101(h) [title II, § 210], Dec. 22, 1987, 101 Stat. 1329–256, 1329–274. Pub. L. 99–500, § 101(i) [H.R. 5233, title II, § 210], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R. 5233, title II, § 210], Oct. 30, 1986, 100 Stat. 3341–287. Pub. L. 99–178, title II, § 210, Dec. 12, 1985, 99 Stat. 1120. § 3515a. Dedicated telephone service between em- ployee residences and computer centers For the purpose of insuring proper manage- ment of federally supported computer systems and data bases, funds appropriated by this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts are available for the purchase of dedicated telephone service be- tween the private residences of employees as- signed to computer centers funded under this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Re- lated Agencies Appropriations Acts, and the computer centers to which such employees are assigned. (Pub. L. 102–394, title II, § 210, Oct. 6, 1992, 106 Stat. 1812.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in the following prior appropriation acts: Pub. L. 102–170, title II, § 210, Nov. 26, 1991, 105 Stat. 1127. Pub. L. 101–517, title II, § 210, Nov. 5, 1990, 104 Stat. 2209. Pub. L. 101–166, title II, § 212, Nov. 21, 1989, 103 Stat. 1177. Pub. L. 100–202, § 101(h) [title II, § 213], Dec. 22, 1987, 101 Stat. 1329–256, 1329–275. § 3515b. Prohibition on funding certain experi- ments involving human participants None of the funds appropriated by this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts shall be used to pay for any research program or project or any program, project, or course which is of an exper- imental nature, or any other activity involving human participants, which is determined by the Secretary or a court of competent jurisdiction to present a danger to the physical, mental, or emotional well-being of a participant or subject of such program, project, or course, without the written, informed consent of each participant or subject, or a participant’s parents or legal guardian, if such participant or subject is under eighteen years of age. The Secretary shall adopt appropriate regulations respecting this section. (Pub. L. 102–394, title II, § 211, Oct. 6, 1992, 106 Stat. 1812.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in the following prior appropriation acts: Pub. L. 102–170, title II, § 211, Nov. 26, 1991, 105 Stat. 1127. Pub. L. 101–517, title II, § 212, Nov. 5, 1990, 104 Stat. 2209. Pub. L. 101–166, title II, § 215, Nov. 21, 1989, 103 Stat. 1178. § 3515c. Offset against Federal payments to States for provision of services For any program funded in this Act or subse- quent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts, the Secretary of Health and Human Services is authorized, when pro- viding services or conducting activities for a State with respect to such program for which the Secretary is entitled to reimbursement by the State, to obtain such reimbursement as an offset against Federal payments to which the State would otherwise be entitled under such program from funds appropriated for the same or any subsequent fiscal year. Such offsets shall be credited to the appropriation account which bore the expense of providing the service or con- ducting the activity, and shall remain available until expended. (Pub. L. 102–394, title II, § 214, Oct. 6, 1992, 106 Stat. 1812.) § 3515d. Expenses of Office of Inspector General; protective services; investigating non-pay- ment of child support For expenses necessary for the Office of In- spector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $33,849,000: Provided, That of such amount, nec- essary sums are available for providing protec- tive services to the Secretary and investigating non-payment of child support cases for which non-payment is a Federal offense under section 228 of title 18, each of which activities is hereby authorized in this and subsequent fiscal years. (Pub. L. 106–554, § 1(a)(1) [title II], Dec. 21, 2000, 114 Stat. 2763, 2763A–24.) Page 5914 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3515e Editorial Notes REFERENCES IN TEXT The Inspector General Act of 1978, referred to in text, is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organi- zation and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5. CODIFICATION Section is from the Department of Health and Human Services Appropriations Act, 2001. § 3515e. Transfer of functions regarding inde- pendent living to Department of Health and Human Services, and savings provisions (a) Definitions For purposes of this section, unless otherwise provided or indicated by the context— (1) the term ‘‘Administration for Commu- nity Living’’ means the Administration for Community Living of the Department of Health and Human Services; (2) the term ‘‘Federal agency’’ has the mean- ing given to the term ‘‘agency’’ by section 551(1) of title 5; (3) the term ‘‘function’’ means any duty, ob- ligation, power, authority, responsibility, right, privilege, activity, or program; and (4) the term ‘‘Rehabilitation Services Ad- ministration’’ means the Rehabilitation Serv- ices Administration of the Office of Special Education and Rehabilitative Services of the Department of Education. (b) Transfer of functions There are transferred to the Administration for Community Living, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related func- tions of any officer or employee of that Admin- istration) under chapter 1 of title VII of the Re- habilitation Act of 1973 (29 U.S.C. 796 et seq.). (c) Personnel determinations by the Office of Management and Budget The Office of Management and Budget shall— (1) ensure that this section does not result in any net increase in full-time equivalent em- ployees at any Federal agency impacted by this section; and (2) not later than 1 year after the effective date of this section, certify compliance with this subsection to the Committee on Edu- cation and the Workforce of the House of Rep- resentatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (d) Delegation and assignment Except where otherwise expressly prohibited by law or otherwise provided by this section, the Administrator of the Administration for Com- munity Living may delegate any of the func- tions transferred to the Administrator of such Administration by subsection (b) and any func- tion described in subsection (b) that was trans- ferred or granted to such Administrator after the effective date of this section to such officers and employees of such Administration as the Administrator may designate, and may author- ize successive redelegations of such functions described in subsection (b) as may be necessary or appropriate. No delegation of such functions by the Administrator of the Administration for Community Living under this subsection or under any other provision of this section shall relieve such Administrator of responsibility for the administration of such functions. (e) Reorganization Except where otherwise expressly prohibited by law or otherwise provided by this Act, the Administrator of the Administration for Com- munity Living is authorized to allocate or re- allocate any function transferred under sub- section (b) among the officers of such Adminis- tration, and to consolidate, alter, or discontinue such organizational entities in such Administra- tion as may be necessary or appropriate. (f) Rules The Administrator of the Administration for Community Living is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, such rules and regulations as that Administrator determines necessary or appro- priate to administer and manage the functions described in subsection (b) of that Administra- tion. (g) Transfer and allocations of appropriations and personnel Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropria- tions, authorizations, allocations, and other funds employed, used, held, arising from, avail- able to, or to be made available in connection with the functions transferred by subsection (b), subject to section 1531 of title 31, shall be trans- ferred to the Administration for Community Living. Unexpended funds transferred pursuant to this subsection shall be used only for the pur- poses for which the funds were originally au- thorized and appropriated. (h) Incidental transfers The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such deter- minations as may be necessary with regard to the functions transferred by subsection (b), and to make such additional incidental dispositions of personnel, assets, liabilities, grants, con- tracts, property, records, and unexpended bal- ances of appropriations, authorizations, alloca- tions, and other funds held, used, arising from, available to, or to be made available in connec- tion with such functions, as may be necessary to carry out the provisions of this section. The Di- rector of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section, with respect to such functions. (i) Savings provisions (1) Continuing effect of legal documents All orders, determinations, rules, regula- tions, permits, agreements, grants, contracts,