Page 183 TITLE 29—LABOR § 702

and micro-enterprises. These same agencies, in consultation with the Committee for Purchase from People Who Are Blind or Severely Disabled, shall assess

the impact of the Randolph-Sheppard Act [20 U.S.C. 107

et seq.] vending program and the Javits-Wagner-O’Day

Act [41 U.S.C. 46 et seq.] on employment and small

business opportunities for people with disabilities.

(d) The Departments of Transportation and Housing

and Urban Development shall report to the Task Force

by November 15, 1998, on their examination of their programs to see if they can be used to create new work incentives and to remove barriers to work for adults with

disabilities.

(e) The Departments of Justice, Education, and

Labor, the Equal Employment Opportunity Commission, and the Social Security Administration shall

work together and report to the Task Force by November 15, 1998, on their work to propose remedies to the

prevention of people with disabilities from successfully

exercising their employment rights under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et

seq.] because of the receipt of monetary benefits based

on their disability and lack of gainful employment.

(f) The Bureau of Labor Statistics of the Department

of Labor and the Census Bureau of the Department of

Commerce, in cooperation with the Departments of

Education and Health and Human Services, the National Council on Disability, and the President’s Committee on Employment of People with Disabilities shall

design and implement a statistically reliable and accurate method to measure the employment rate of adults

with disabilities as soon as possible, but no later than

the date of termination of the Task Force. Data derived

from this methodology shall be published on as frequent a basis as possible.

(g) All executive agencies that are not members of

the Task Force shall: (1) coordinate and cooperate with

the Task Force; and (2) review their programs and policies to ensure that they are being conducted and delivered in a manner that facilitates and promotes the employment of adults with disabilities. Each agency shall

file a report with the Task Force on the results of its

review on November 15, 1998.

SEC. 3. Cooperation. All efforts taken by executive departments and agencies under sections 1 and 2 of this

order shall, as appropriate, further partnerships and cooperation with public and private sector employers, organizations that represent people with disabilities, organized labor, veteran service organizations, and State

and local governments whenever such partnerships and

cooperation are possible and would promote the employment and gainful economic activities of individuals

with disabilities.

SEC. 4. Judicial Review. This order does not create

any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its

agencies, its officers, or any person.

WILLIAM J. CLINTON.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 706 of this title.

§ 702. Rehabilitation Services Administration

(a) Establishment; appointment and qualification

of Commissioner; principal officer and principal agency; administrative responsibility;

delegation of authority; guiding policies

There is established in the Office of the Secretary a Rehabilitation Services Administration

which shall be headed by a Commissioner (hereinafter in this chapter referred to as the ‘‘Commissioner’’) appointed by the President by and

with the advice and consent of the Senate. Except for subchapters IV and V and part A of subchapter VI of this chapter 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 Department for carrying out this chapter.

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 or to the Under Secretary or an appropriate Assistant Secretary of such Department, as designated by the Secretary. The functions of the Commissioner shall not be delegated

to any officer not directly responsible, both with

respect to program operation and administration, to the Commissioner. Any reference in this

chapter to duties to be carried out by the Commissioner shall be considered to be a reference

to duties to be carried out by the Secretary acting through the Commissioner. In carrying out

any of the functions of the office under this

chapter, the Commissioner shall be guided by

general policies of the National Council on Disability established under subchapter IV of this

chapter.

(b) Expenditure of funds only for programs, personnel, and administration of programs carried out under this chapter

The Secretary shall take whatever action is

necessary to insure that funds appropriated pursuant to this chapter, as well as unexpended appropriations for carrying out the Vocational Rehabilitation Act, are expended only for the programs, personnel, and administration of programs carried out under this chapter.

(c) Staffing requirements

The Secretary shall take such action as necessary to ensure that—

(1) the staffing of the Rehabilitation Services Administration shall be in sufficient numbers to meet program needs and at levels

which will attract and maintain the most

qualified personnel; and

(2) such staff includes individuals who have

training and experience in the provision of rehabilitation services and that staff competencies meet professional standards.

(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.)

REFERENCES IN TEXT

The Vocational Rehabilitation Act, referred to in

subsec. (b), is act June 2, 1920, ch. 219, 41 Stat. 735,

which was classified generally to chapter 4 (§31 et seq.)

of this title and was repealed by section 500(a) of the

Rehabilitation Act of 1973, Pub. L. 93–112, Sept. 26, 1973,

87 Stat. 357. The Rehabilitation Act of 1973 is classified

generally to this chapter. Section 500(a), which was

classified to section 790 of this title, provided in part

that references to the Vocational Rehabilitation Act in

any other provision of law be deemed references to the

Rehabilitation Act of 1973.

CODIFICATION

For history of Pub. L. 93–651, which enacted amendments identical to Pub. L. 93–516, see Codification note

set out under section 701 of this title.
§ 703 TITLE 29—LABOR Page 184

AMENDMENTS

1988—Subsec. (a). Pub. L. 100–630 substituted ‘‘National Council on Disability’’ for ‘‘National Council on

the Handicapped’’.

1986—Subsec. (a). Pub. L. 99–506, §1001(a)(1), which directed the substitution of ‘‘the functions of the office’’

for ‘‘his functions’’ in third and sixth sentences was executed to fourth and seventh sentences in view of

amendment by section 102(a) of Pub. L. 99–506.

Pub. L. 99–506, §102(a), which directed the insertion

after second sentence of provision that the Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program

management, was executed by inserting that provision

after second sentence of subsec. (a) as the probable intent of Congress.

Subsec. (c). Pub. L. 99–506, §102(b), added subsec. (c).

1978—Subsec. (a). Pub. L. 95–602, §122(a)(2), inserted

‘‘and part A of subchapter VI of this chapter’’ after

‘‘subchapters IV and V of this chapter’’ and provision

deeming any reference in this chapter to the duties carried out by the Commissioner to be a reference to the

duties carried out by the Secretary through the Commissioner and requiring the Commissioner to be guided

by the policies of the National Council on the Handicapped.

Subsecs. (b), (c). Pub. L. 95–602, §122(a)(3), redesignated subsec. (c) as (b). Former subsec. (b), which required the Secretary, through coordination with appropriate programs in the Department of Health, Education, and Welfare and consultation with the National

Science Foundation and National Academy of Science,

to develop innovative methods of applying advanced

medical, scientific, psychological, and social knowledge

to solve rehabilitation problems, and made the Secretary responsible for establishment of rehabilitation

engineering research centers, was struck out.

1974—Subsec. (a). Pub. L. 93–516 substantially reenacted existing provisions, and in subsec. (a) as so reenacted, substituted reference to Office of the Secretary

for reference to the Department of Health, Education,

and Welfare, inserted requirement that the appointment of Commissioner be approved by the Senate, inserted provisions that the Commissioner shall be the

principal officer of the Department for carrying out

provisions of this chapter, that the Commissioner shall

be directly responsible to the Secretary, Under Secretary, or Assistant Secretary, as the case may be, and

that the functions of the Commissioner shall not be

delegated to any officer not directly responsible to the

Commissioner both with respect to program operation

and administration, and struck out provisions relating

to procedure for delegation of functions of the Commissioner to other officers.

Pub. L. 93–651 made identical amendment as made by

Pub. L. 93–516.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 101(b) of Pub. L. 93–651 provided that: ‘‘The

amendment made by subsection (a) [amending this section] shall be effective sixty days after the date of enactment of this Act [Nov. 21, 1974].’’

Section 101(b) of Pub. L. 93–516 provided that: ‘‘The

amendment made by subsection (a) of this section

[amending this section] shall be effective sixty days

after the date of enactment of this Act [Dec. 7, 1974].’’

TRANSFER OF FUNCTIONS

For transfer of functions and offices of Secretary and

Department of Health, Education, and Welfare, including Rehabilitation Services Administration and Commissioner thereof, under this chapter to Secretary and

Department of Education, and for delegation of certain

functions of Secretary of Education under this chapter

to Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of Title 20,

Education.

ADDITIONAL PERSONNEL FOR OFFICE FOR THE BLIND

AND VISUALLY HANDICAPPED

Section 208(a) of Pub. L. 93–516 provided that: ‘‘The

Secretary of Health, Education, and Welfare [now Secretary of Education] is directed to assign to the Office

for the Blind and Visually Handicapped of the Rehabilitation Services Administration 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 related to the administration of the

Randolph-Sheppard Act [section 107 et seq. of Title 20,

Education].’’

An identical provision is contained in section 208(a)

of Pub. L. 93–651.

PREFERENCE TO BLIND IN SELECTING PERSONNEL

Section 208(c) of Pub. L. 93–516 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 preference to blind individuals.’’

An identical provision is contained in section 208(c)

of Pub. L. 93–651.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 761a of this title.

§ 703. Advance funding

(a) For the purpose of affording adequate notice of funding available under this chapter, appropriations 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 advance 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 enactment in the same year (whether in the same appropriation 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, Sept. 26, 1973, 87 Stat. 358.)

§ 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 assisted 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 requirement may be established according to the

proportion of funds advanced by each agency.

When the principal agency involved is the Rehabilitation Services Administration, it may

waive any grant or contract requirement (as defined by such regulations) under or pursuant to

any law other than this chapter, which requirement is inconsistent with the similar requirements of the administering agency under or pursuant to this chapter.

(Pub. L. 93–112, §5, Sept. 26, 1973, 87 Stat. 359.)