§ 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.)