Page 179 TITLE 29—LABOR § 701

Sec.

(b) Eligible agencies.

(c) Existing eligible agencies.

(d) New centers for independent living.

(e) Order of priorities.

(f) Nonresidential agencies.

(g) Review.

796f–2. Grants to centers for independent living in

States in which State funding equals or exceeds Federal funding.

(a) Establishment.

(b) Eligible agencies.

(c) Existing eligible agencies.

(d) New centers for independent living.

(e) Order of priorities.

(f) Nonresidential agencies.

(g) Review.

(h) On-site compliance review.

(i) Adverse actions.

796f–3. Centers operated by State agencies.

(a) Fiscal year 1993.

(b) Fiscal year 1994 and succeeding fiscal

years.

796f–4. Standards and assurances for centers for independent living.

(a) In general.

(b) Standards.

(c) Assurances.

796f–5. ‘‘Eligible agency’’ defined.

796f–6. Authorization of appropriations.

PART B—INDEPENDENT LIVING SERVICES FOR OLDER

INDIVIDUALS WHO ARE BLIND

796j. ‘‘Older individual who is blind’’ defined.

796k. Program of grants.

(a) In general.

(b) Contingent competitive grants.

(c) Contingent formula grants.

(d) Services generally.

(e) Independent living services.

(f) Matching funds.

(g) Certain expenditures of grants.

(h) Requirement regarding State plan.

(i) Application for grant.

(j) Amount of formula grant.

796l. Authorization of appropriations.

SUBCHAPTER VIII—SPECIAL DEMONSTRATIONS

AND TRAINING PROJECTS

797. Authorization of appropriations.

(a) Demonstration projects.

(b) Training initiatives.

797a. Demonstration activities.

(a) Transportation services grants.

(b) Projects to achieve high quality

placements.

(c) Early intervention demonstration

programs.

(d) Transition demonstration projects.

(e) Barriers to successful rehabilitation

outcomes for minorities.

(f) Studies, special projects, and demonstration projects to study management and service delivery.

(g) Demonstration projects to increase

client choice.

(h) National Commission on Rehabilitation Services.

(i) Model personal assistance services

systems.

(j) Demonstration projects to upgrade

worker skills.

(k) Model systems regarding severe disabilities.

797b. Training activities.

(a) Distance learning through telecommunications.

(b) Braille training projects.

(c) Parent information and training programs.

Sec.

(d) Training regarding impartial hearing

officers.

(e) Recruitment and retention of urban

personnel.

(f) Certain requirements.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 762a, 780a, 1533,

1605, 1792 of this title; title 2 sections 1302, 1311, 1371,

1434; title 3 sections 402, 411; title 5 section 8104; title 20

sections 107a, 107d–4, 1142, 1203a, 1206a, 1453, 2323, 2403,

3441, 4356, 6143; title 22 section 2102; title 26 section 51;

title 38 sections 3117, 3118, 7462; title 42 sections 290dd,

1320b–6, 3013, 3026, 5116, 6008, 6024, 6042, 6705, 11701, 12117,

12592.

GENERAL PROVISIONS

§ 701. Findings; purpose; policy

(a) Findings

Congress finds that—

(1) millions of Americans have one or more

physical or mental disabilities and the number

of Americans with such disabilities is increasing;

(2) individuals with disabilities constitute

one of the most disadvantaged groups in society;

(3) disability is a natural part of the human

experience and in no way diminishes the right

of individuals to—

(A) live independently;

(B) enjoy self-determination;

(C) make choices;

(D) contribute to society;

(E) pursue meaningful careers; and

(F) enjoy full inclusion and integration in

the economic, political, social, cultural, and

educational mainstream of American society;

(4) increased employment of individuals with

disabilities can be achieved through the provision of individualized training, independent

living services, educational and support services, and meaningful opportunities for employment in integrated work settings through the

provision of reasonable accommodations;

(5) individuals with disabilities continually

encounter various forms of discrimination in

such critical areas as employment, housing,

public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and public services; and

(6) the goals of the Nation properly include

the goal of providing individuals with disabilities with the tools necessary to—

(A) make informed choices and decisions;

and

(B) achieve equality of opportunity, full

inclusion and integration in society, employment, independent living, and economic

and social self-sufficiency, for such individuals.

(b) Purpose

The purposes of this chapter are—

(1) to empower individuals with disabilities

to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society, through—
§ 701 TITLE 29—LABOR Page 180

(A) comprehensive and coordinated stateof-the-art programs of vocational rehabilitation;

(B) independent living centers and services;

(C) research;

(D) training;

(E) demonstration projects; and

(F) the guarantee of equal opportunity;

and

(2) to ensure that the Federal Government

plays a leadership role in promoting the employment of individuals with disabilities, especially individuals with severe disabilities, and

in assisting States and providers of services in

fulfilling the aspirations of such individuals

with disabilities for meaningful and gainful

employment and independent living.

(c) Policy

It is the policy of the United States that all

programs, projects, and activities receiving assistance under this chapter shall be carried out

in a manner consistent with the principles of—

(1) respect for individual dignity, personal

responsibility, self-determination, and pursuit

of meaningful careers, based on informed

choice, of individuals with disabilities;

(2) respect for the privacy, rights, and equal

access (including the use of accessible formats), of the individuals;

(3) inclusion, integration, and full participation of the individuals;

(4) support for the involvement of a parent,

a family member, a guardian, an advocate, or

an authorized representative if an individual

with a disability requests, desires, or needs

such support; and

(5) support for individual and systemic advocacy and community involvement.

(Pub. L. 93–112, §2, Sept. 26, 1973, 87 Stat. 357;

Pub. L. 95–602, title I, §122(a)(1), Nov. 6, 1978, 92

Stat. 2984; Pub. L. 99–506, title I, §101, Oct. 21,

1986, 100 Stat. 1808; Pub. L. 102–569, title I, §101,

Oct. 29, 1992, 106 Stat. 4346.)

CODIFICATION

The content of Pub. L. 93–516, Dec. 7, 1974, 88 Stat.

1617, including provisions thereof which amended various sections of this chapter and enacted provisions set

out as notes under this section, was originally contained in H.R. 14225, 93rd Congress, Second Session,

which was pocket-vetoed during the 31-day intrasession

adjournment of the 93rd Congress for the Congressional

elections in November, 1974.

Pursuant to an order of the United States District

Court for the District of Columbia (Kennedy v. Jones,

D.C.D.C. 1976, 412 F.Supp. 353), H.R. 14225 was deemed to

have become law without the approval of the President

on Nov. 21, 1974, and was given the designation Pub. L.

93–651. Therefore, for purposes of codification, this

chapter should be deemed to have been amended by

Pub. L. 93–651, Nov. 21, 1974, 89 Stat. 2–3, in exactly the

same manner as it was amended by Pub. L. 93–516, Dec.

7, 1974, 88 Stat. 1617.

PRIOR PROVISIONS

Prior similar provisions were contained in former

section 31 of this title.

AMENDMENTS

1992—Pub. L. 102–569 amended section generally. Prior

to amendment, section read as follows: ‘‘The purpose of

this chapter is to develop and implement, through research, training, services, and the guarantee of equal

opportunity, comprehensive and coordinated programs

of vocational rehabilitation and independent living, for

individuals with handicaps in order to maximize their

employability, independence, and integration into the

workplace and the community.’’

1986—Pub. L. 99–506 inserted ‘‘, for individuals with

handicaps in order to maximize their employability,

independence, and integration into the workplace and

the community’’.

1978—Pub. L. 95–602 substituted provision declaring

that the purpose of this chapter is to develop and implement, through research, training, services, and

equal opportunity guarantee, comprehensive and coordinated programs of vocational rehabilitation and independent living for provision declaring the purpose of

this chapter was to provide a statutory basis for the

Rehabilitation Services Administration and to authorize a wide range of programs designed to improve rehabilitation methods, services, and facilities, increase the

number and skill of trained personnel, and provide employment opportunities for the handicapped.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 138 of title I of Pub. L. 102–569, as amended by

Pub. L. 103–73, title I, §102(3), Aug. 11, 1993, 107 Stat. 718,

provided that:

‘‘(a) EFFECTIVE DATE.—Except as provided in subsection (b), this title [enacting sections 718 to 718b, 725

to 728a, and 740 to 744 of this title, amending this section and sections 705 to 707, 709, 711 to 715, 717, 720 to

724, 730 to 732, 740, 741, 750, 761a to 762, 770, 772 to 776,

777a, 777b, 777d to 777f, 780, 781, 783, 791 to 794, 795, 795d,

795e, and 795h of this title, repealing section 752 of this

title, enacting provisions set out as notes under section

712 of this title, and amending provisions set out as a

note under this section] and the amendments made by

this title shall take effect on the date of enactment of

this Act [Oct. 29, 1992].

‘‘(b) COMPLIANCE.—Each State agency subject to the

provisions of title I of the Rehabilitation Act of 1973 [29

U.S.C. 720 et seq.] shall comply with the amendments

made by this subtitle [subtitle B (§§121–138) of title I of

Pub. L. 102–569, enacting sections 725 to 728a and 740 to

744 of this title, amending sections 705, 720 to 724, and

730 to 732 of this title, and repealing section 752 of this

title], as soon as is practicable after the date of enactment of this Act [Oct. 29, 1992], consistent with the effective and efficient administration of the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], but not later

than October 1, 1993.’’

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1006 of Pub. L. 99–506 provided that: ‘‘Except

as otherwise provided in this Act [see Short Title of

1986 Amendment note below], this Act shall take effect

on the date of its enactment [Oct. 21, 1986].’’

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103–73, §1, Aug. 11, 1993, 107 Stat. 718, provided

that: ‘‘This Act [enacting sections 753 and 753a of this

title, amending sections 706, 718 to 718b, 721 to 723, 725,

730 to 732, 744, 761a, 762, 771a, 777, 777a, 777f, 783, 791, 792,

794e, 795l, 796, 796c, 796d to 796e–2, 796f to 796f–4, and 796k

of this title, sections 1431, 4301 to 4305, 4331, 4332, 4351,

4353 to 4357, 4359, 4359a, and 4360 of Title 20, Education,

and section 46 of Title 41, Public Contracts, enacting

provisions set out as notes under section 725 of this

title and section 4301 of Title 20, and amending provisions set out as a note under this section] may be cited

as the ‘Rehabilitation Act Amendments of 1993’.’’

SHORT TITLE OF 1992 AMENDMENT

Section 1(a) of Pub. L. 102–569 provided that: ‘‘This

Act [see Tables for classification] may be cited as the

‘Rehabilitation Act Amendments of 1992’.’’

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102–52, §1, June 6, 1991, 105 Stat. 260, provided

that: ‘‘This Act [amending sections 720, 732, 741, 761, 771,
Page 181 TITLE 29—LABOR § 701

772, 774, 775, 777, 777a, 777f, 785, 792, 795f, 795i, 795q, 796i,

and 1904 of this title and section 1475 of Title 20, Education] may be cited as the ‘Rehabilitation Act Amendments of 1991’.’’

SHORT TITLE OF 1986 AMENDMENT

Section 1(a) of Pub. L. 99–506 provided that: ‘‘This Act

[enacting sections 716, 717, 752, 794d, 795j to 795q, and

796d–1 of this title and section 2000d–7 of Title 42, The

Public Health and Welfare, amending this section and

sections 702, 705, 706, 711 to 715, 720 to 724, 730 to 732, 740,

741, 750, 751, 760 to 761b, 762, 762a, 770 to 777b, 777f, 780,

781, 783, 785, 791 to 794, 794c, 795, 795d to 795i, 796a, 796b,

796d to 796i, and 1904 of this title, and section 155a of

Title 36, Patriotic Societies and Observances, repealing

section 751 of this title, and enacting provisions set out

as notes under this section and sections 706, 730, 761a,

and 795m of this title and section 1414 of Title 20, Education] may be cited as the ‘Rehabilitation Act Amendments of 1986’.’’

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98–221, §1, Feb. 22, 1984, 98 Stat. 17, provided:

‘‘That this Act [enacting sections 780a and 1901 to 1906

of this title, amending sections 706, 712 to 714, 720 to 722,

730, 732, 741, 761 to 762a, 771, 772, 774, 775, 777, 777a, 777f,

780, 781, 783, 791, 792, 794c, 795a, 795c, 795f, 795g, 795i, 796e,

and 796i of this title and sections 6001, 6012, 6033, 6061,

and 6081 of Title 42, The Public Health and Welfare, repealing section 777c of this title, enacting provisions

set out as a note under section 1901 of this title and

amending provisions set out as a note under section 713

of this title] may be cited as the ‘Rehabilitation

Amendments of 1984’.’’

SHORT TITLE OF 1978 AMENDMENT

Section 1 of Pub. L. 95–602 provided that: ‘‘This Act

[enacting sections 710 to 715, 751, 761a, 761b, 762a, 775, 777

to 777f, 780 to 785, 794a to 794c, 795 to 795i, and 796 to 796i

of this title and section 6000 of Title 42, The Public

Health and Welfare, amending this section, sections

702, 706, 709, 720 to 724, 730 to 732, 740, 741, 750, 760 to 762,

770 to 774, 776, and 792 to 794 of this title, section 1904

[now 3904] of Title 38, Veterans’ Benefits, and sections

6001, 6008 to 6012, 6031 to 6033, 6061 to 6065, 6067, 6081, and

6862 of Title 42, repealing sections 764, 786, and 787 of

this title and section 6007 of Title 42, omitting sections

6041 to 6043 of Title 42, enacting provisions set out as

notes under sections 713 and 795 of this title and sections 6000 and 6001 of Title 42, and repealing a provision

set out as a note under section 6001 of Title 42] may be

cited as the ‘Rehabilitation, Comprehensive Services,

and Developmental Disabilities Amendments of 1978’.’’

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94–230, §1, Mar. 15, 1976, 90 Stat. 211, provided

that: ‘‘This Act [amending sections 720, 732, 741, 761, 771,

772, 774, 775, 783, 785, and 792 of this title and enacting

provisions set out as a note under section 720 of this

title] may be cited as the ‘Rehabilitation Act Extension of 1976’.’’

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93–516, title I, §100, Dec. 7, 1974, 88 Stat. 1617,

provided that: ‘‘This title [amending sections 702, 706,

720 to 722, 732, 741, 750, 761, 762, 771, 772, 774 to 776, 783,

785, and 792 of this title and enacting provisions set out

as a note under section 702 of this title] shall be known

as the ‘Rehabilitation Act Amendments of 1974’.’’

An identical provision is contained in Pub. L. 93–651,

title I, §100, Nov. 21, 1974, 89 Stat. 2–3. See Codification

note above.

SHORT TITLE

Section 1 of Pub. L. 93–112 provided that Pub. L.

93–112, which enacted this chapter and repealed sections

31 to 41c and 42–1 to 42b of this title, may be cited as

the ‘‘Rehabilitation Act of 1973’’.

Section 601 of title VI of Pub. L. 93–112, as added by

Pub. L. 95–602, title II, §201, Nov. 6, 1978, 92 Stat. 2989,

and amended by Pub. L. 102–569, title I, §102(p)(34), Oct.

29, 1992, 106 Stat. 4360, provided that: ‘‘This title [adding

subchapter VI of this chapter] may be cited as the ‘Employment Opportunities for Handicapped Individuals

Act’.’’

[Section 102(p)(34) of Pub. L. 102–569 which directed

the substitution of ‘‘Disabilities’’ for ‘‘Handicaps’’ in

section 601 of Pub. L. 93–112, set out above, could not be

executed because the word ‘‘Handicaps’’ did not appear.]

WHITE HOUSE CONFERENCE ON HANDICAPPED

INDIVIDUALS

Pub. L. 93–516, title III, Dec. 7, 1974, 88 Stat. 1631, as

amended by Pub. L. 94–224, §§1, 2, Feb. 27, 1976, 90 Stat.

201, authorized the President to call a White House

Conference on Handicapped Individuals not later than

Dec. 7, 1977, to develop recommendations and stimulate

a national assessment of problems, and solutions to

such problems, facing individuals with handicaps, and

established a National Planning Advisory Council to

provide guidance and planning for the Conference

which Council would cease to exist 120 days after submission of a final report to the President, such report

to be submitted not later than 120 days following the

date on which the Conference was called.

Identical provisions are contained in Pub. L. 93–651,

title III, Nov. 21, 1974, 89 Stat. 2–16. See Codification

note above.

EX. ORD. NO. 11758. DELEGATION OF AUTHORITY OF THE

PRESIDENT

Ex. Ord. No. 11758, Jan. 15, 1974, 39 F.R. 2075, as

amended by Ex. Ord. No. 11784, May 30, 1974, 39 F.R.

19443; Ex. Ord. No. 11867, June 19, 1975, 40 F.R. 26253; Ex.

Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by section 301

of title 3 of the United States Code and as President of

the United States of America, it is hereby ordered as

follows:

SECTION 1. The Director of the Office of Management

and Budget is hereby designated and empowered to exercise, without approval, ratification, or other action

of the President, the authority of the President under

section 500(a) of the Rehabilitation Act of 1973 (87 Stat.

390, 29 U.S.C. 790) with respect to the transfer of unexpended appropriations.

SEC. 2. The Secretary of Labor is hereby designated

and empowered to exercise, without approval, ratification, or other action of the President, the authority of

the President (1) under section 503(a) of the Rehabilitation Act of 1973 [29 U.S.C. 793(a)] to prescribe regulations, after consultation with the Secretary of Defense

and the Administrator of General Services, with respect to the employment of qualified handicapped individuals under Federal procurement contracts, and (2)

under section 503(c) of that act [29 U.S.C. 793(c)] with

respect to prescribing, by regulation, guidelines for

waiving the requirements of section 503 of the act [29

U.S.C. 793]. Changes in any regulations prescribed by

the Secretary pursuant to the preceding sentence shall

be made only after consultation with the Secretary of

Defense and the Administrator of General Services.

SEC. 3. The head of a Federal agency may, in conformity with the provisions of section 503(c) of the Rehabilitation Act of 1973 [29 U.S.C. 793(c)], and regulations issued by the Secretary of Labor pursuant to section 2 of this order, exempt any contract and, following

consultation with the Secretary of Labor, any class of

contracts, from the requirements of section 503 of the

act [29 U.S.C. 793].

SEC. 4. The Federal Acquisition Regulations and, to

the extent necessary, any supplemental or comparable

regulation issued by any agency of the executive

branch shall, following consultation with the Secretary

of Labor, be amended to require, as a condition of entering into, renewing or extending any contract subject
§ 701 TITLE 29—LABOR Page 182

to the provisions of section 503 of the Rehabilitation

Act of 1973 [29 U.S.C. 793], inclusion of a provision requiring compliance with that section and regulations

issued by the Secretary pursuant to section 2 of this

order.

EX. ORD. NO. 13078. INCREASING EMPLOYMENT OF ADULTS

WITH DISABILITIES

Ex. Ord. No. 13078, Mar. 13, 1998, 63 F.R. 13111, provided:

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, and in order to increase the employment of

adults with disabilities to a rate that is as close as possible to the employment rate of the general adult population and to support the goals articulated in the findings and purpose section of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], it is hereby ordered as follows:

SECTION 1. Establishment of National Task Force on

Employment of Adults with Disabilities.

(a) There is established the ‘‘National Task Force on

Employment of Adults with Disabilities’’ (‘‘Task

Force’’). The Task Force shall comprise the Secretary

of Labor, Secretary of Education, Secretary of Veterans Affairs, Secretary of Health and Human Services,

Commissioner of Social Security, Secretary of the

Treasury, Secretary of Commerce, Secretary of Transportation, Director of the Office of Personnel Management, Administrator of the Small Business Administration, the Chair of the Equal Employment Opportunity

Commission, the Chairperson of the National Council

on Disability, the Chair of the President’s Committee

on Employment of People with Disabilities, and such

other senior executive branch officials as may be determined by the Chair of the Task Force.

(b) The Secretary of Labor shall be the Chair of the

Task Force; the Chair of the President’s Committee on

Employment of People with Disabilities shall be the

Vice Chair of the Task Force.

(c) The purpose of the Task Force is to create a coordinated and aggressive national policy to bring adults

with disabilities into gainful employment at a rate

that is as close as possible to that of the general adult

population. The Task Force shall develop and recommend to the President, through the Chair of the

Task Force, a coordinated Federal policy to reduce employment barriers for persons with disabilities. Policy

recommendations may cover such areas as discrimination, reasonable accommodations, inadequate access to

health care, lack of consumer-driven, long-term supports and services, transportation, accessible and integrated housing, telecommunications, assistive technology, community services, child care, education, vocational rehabilitation, training services, job retention, on-the-job supports, and economic incentives to

work. Specifically, the Task Force shall:

(1) analyze the existing programs and policies of

Task Force member agencies to determine what

changes, modifications, and innovations may be necessary to remove barriers to work faced by people

with disabilities;

(2) develop and recommend options to address

health insurance coverage as a barrier to employment for people with disabilities;

(3) subject to the availability of appropriations,

analyze State and private disability systems (e.g.,

workers’ compensation, unemployment insurance,

private insurance, and State mental health and mental retardation systems) and their effect on Federal

programs and employment of adults with disabilities;

(4) consider statistical and data analysis, cost data,

research, and policy studies on public subsidies, employment, employment discrimination, and rates of

return-to-work for individuals with disabilities;

(5) evaluate and, where appropriate, coordinate and

collaborate on, research and demonstration priorities

of Task Force member agencies related to employment of adults with disabilities;

(6) evaluate whether Federal studies related to employment and training can, and should, include a statistically significant sample of adults with disabilities;

(7) subject to the availability of appropriations,

analyze youth programs related to employment (e.g.,

Employment and Training Administration programs,

special education, vocational rehabilitation, schoolto-work transition, vocational education, and Social

Security Administration work incentives and other

programs, as may be determined by the Chair and

Vice Chair of the Task Force) and the outcomes of

those programs for young people with disabilities;

(8) evaluate whether a single governmental entity

or program should be established to provide computer

and electronic accommodations for Federal employees with disabilities;

(9) consult with the President’s Committee on Mental Retardation on policies to increase the employment of people with mental retardation and cognitive

disabilities; and

(10) recommend to the President any additional

steps that can be taken to advance the employment

of adults with disabilities, including legislative proposals, regulatory changes, and program and budget

initiatives.

(d)(1) The members of the Task Force shall make the

activities and initiatives set forth in this order a high

priority within their respective agencies within the

levels provided in the President’s budget.

(2) The Task Force shall issue its first report to the

President by November 15, 1998. The Task Force shall

issue a report to the President on November 15, 1999,

November 15, 2000, and a final report on July 26, 2002,

the 10th anniversary of the initial implementation of

the employment provisions of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.]. The reports

shall describe the actions taken by, and progress of,

each member of the Task Force in carrying out this

order. The Task Force shall terminate 30 days after

submitting its final report.

(e) As used herein, an adult with a disability is a person with a physical or mental impairment that substantially limits at least one major life activity.

SEC. 2. Specific activities by Task Force members and

other agencies.

(a) To ensure that the Federal Government is a model

employer of adults with disabilities, by November 15,

1998, the Office of Personnel Management, the Department of Labor, and the Equal Employment Opportunity

Commission shall submit to the Task Force a review of

Federal Government personnel laws, regulations, and

policies and, as appropriate, shall recommend or implement changes necessary to improve Federal employment policy for adults with disabilities. This review

shall include personnel practices and actions such as:

hiring, promotion, benefits, retirement, workers’ compensation, retention, accessible facilities, job accommodations, layoffs, and reductions in force.

(b) The Departments of Justice, Labor, Education,

and Health and Human Services shall report to the

Task Force by November 15, 1998, on their work with

the States and others to ensure that the Personal Responsibility and Work Opportunity Reconciliation Act

[probably means the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104–193,

see Tables for classification] is carried out in accordance with section 504 of the Rehabilitation Act of 1973

[29 U.S.C. 794], as amended, and the Americans with

Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], so that

individuals with disabilities and their families can realize the full promise of welfare reform by having an

equal opportunity for employment.

(c) The Departments of Education, Labor, Commerce,

and Health and Human Services, the Small Business

Administration, and the President’s Committee on Employment of People with Disabilities shall work together and report to the Task Force by November 15,

1998, on their work to develop small business and entrepreneurial opportunities for adults with disabilities

and strategies for assisting low-income adults, including those with disabilities[,] to create small businesses
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.