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‘‘including the standards used for such evaluations,’’

after ‘‘effectiveness,’’.

Subsec. (d). Pub. L. 99–506, §106(c), substituted ‘‘The

Commissioner’’ for ‘‘The Secretary’’.

Subsec. (e). Pub. L. 99–506, §1001(a)(5)(B), substituted

‘‘upon request of the Commissioner’’ for ‘‘to him, upon

request’’.

Pub. L. 99–506, §§106(c), 1001(a)(5)(A), made identical

amendments, substituting ‘‘as the Commissioner may

deem necessary’’ for ‘‘as the Secretary may deem necessary’’.

1984—Subsec. (a). Pub. L. 98–221 inserted provisions

requiring the Secretary to establish and use standards

for the evaluations required by this subsection, with

such standards, to the extent feasible, for all appropriate programs to include standards relating to the increases in employment and earnings taking into account economic factors in the area to be served by the

program and the characteristics of the handicapped individuals to be served.

STUDY ON SPECIAL PROBLEMS AND NEEDS OF HANDICAPPED INDIVIDUALS RESIDING IN RURAL AREAS; REPORT TO PRESIDENT AND CONGRESS

Section 402 of Pub. L. 95–602, as amended by Pub. L.

98–221, title I, §104(c)(2), Feb. 22, 1984, 98 Stat. 19, provided that the Secretary, after consultation with the

Commissioner of the Rehabilitation Services Administration, Assistant Secretary of Education for the Office

of Special Education and Rehabilitation Services, the

Director of the National Institute on Handicapped Research, and other appropriate officials, organizations,

and individuals, conduct a study of the special problems and needs of handicapped individuals who reside

in rural areas in the United States, and upon the completion of such study, but not later than eighteen

months after the date of Nov. 6, 1978, submit the results

of such study, together with such recommendations as

deemed appropriate to the President, and to the appropriate committees of the Congress.

STUDY ON ELIMINATION OF DISINCENTIVES TO EMPLOYMENT FOR INDIVIDUALS RECEIVING BENEFITS; REPORT

TO PRESIDENT AND CONGRESS

Section 403 of Pub. L. 95–602 provided that, in consultation with appropriate Federal departments and

agencies, the Secretary conduct a study of possible

ways to structure Federal programs providing benefits

to handicapped individuals in order to eliminate any

disincentives for individuals receiving benefits under

such programs to obtain and continue in employment,

and upon the completion of such study, but not later

than twenty-four months after Nov. 6, 1978, submit the

results of such study, together with such recommendations as deemed appropriate to the President and the

Congress.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 714. Information clearinghouse

(a) Establishment; information and resources for

individuals with disabilities

The Secretary shall establish a central clearinghouse for information and resource availability for individuals with disabilities which shall

provide information and data regarding (1) the

location, provision, and availability of services

and programs for individuals with disabilities,

(2) research and recent medical and scientific

developments bearing on disabilities (and their

prevention, amelioration, causes, and cures),

and (3) the current numbers of individuals with

disabilities and their needs. The clearinghouse

shall also provide any other relevant information and data which the Secretary considers appropriate.

(b) Information and data retrieval system

The Commissioner may assist the Secretary to

develop within the Department of Education a

coordinated system of information and data retrieval, which will have the capacity and responsibility to provide information regarding the information and data referred to in subsection (a)

of this section to the Congress, public and private agencies and organizations, individuals

with disabilities and their families, professionals in fields serving such individuals, and

the general public.

(c) Office of Information and Resources for Individuals with Disabilities

The office established to carry out the provisions of this section shall be known as the ‘‘Office of Information and Resources for Individuals with Disabilities’’.

(d) Authorization of appropriations

There are authorized to be appropriated to

carry out this section such sums as may be necessary.

(Pub. L. 93–112, §15, as added Pub. L. 95–602, title

I, §122(a)(10), Nov. 6, 1978, 92 Stat. 2986; amended

Pub. L. 96–374, title XIII, §1322, Oct. 3, 1980, 94

Stat. 1499; Pub. L. 98–221, title I, §104(a)(1), Feb.

22, 1984, 98 Stat. 18; Pub. L. 99–506, title I,

§103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L.

102–569, title I, §102(p)(6), Oct. 29, 1992, 106 Stat.

4356.)

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–569, §102(p)(6)(A), (B),

substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’ wherever appearing and ‘‘scientific developments bearing on disabilities’’ for ‘‘scientific developments bearing on handicapping conditions’’.

Subsec. (b). Pub. L. 102–569, §102(p)(6)(A), substituted

‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (c). Pub. L. 102–569, §102(p)(6)(C), substituted

‘‘Individuals with Disabilities’’ for ‘‘the Handicapped’’.

1986—Subsecs. (a), (b). Pub. L. 99–506 substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing.

1984—Subsec. (b). Pub. L. 98–221 substituted ‘‘Department of Education’’ for ‘‘Department of Health, Education, and Welfare’’.

1980—Subsec. (a). Pub. L. 96–374, §1322(a), substituted

‘‘The Secretary shall establish’’ for ‘‘The Secretary

may establish’’.

Subsec. (c). Pub. L. 96–374, §1322(b), substituted ‘‘The

office’’ for ‘‘Any office’’.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96–374 effective Oct. 1, 1980,

see section 1393(a) of Pub. L. 96–374, set out as a note

under section 1001 of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 712 of this

title.

§ 715. Transfer of funds

(a) Except as provided in subsection (b) of this

section, no funds appropriated under this chapter for any research program or activity may be

used for any purpose other than that for which

the funds were specifically authorized.

(b) No more than 1 percent of funds appropriated for discretionary grants, contracts, or
§ 716 TITLE 29—LABOR Page 198

cooperative agreements authorized by this chapter may be used for the purpose of providing

non-Federal panels of experts to review applications for such grants, contracts, or cooperative

agreements.

(Pub. L. 93–112, §16, as added Pub. L. 95–602, title

I, §122(a)(10), Nov. 6, 1978, 92 Stat. 2987; amended

Pub. L. 99–506, title I, §107, Oct. 21, 1986, 100 Stat.

1812; Pub. L. 102–569, title I, §108(a), Oct. 29, 1992,

106 Stat. 4363.)

AMENDMENTS

1992—Subsec. (b). Pub. L. 102–569 substituted ‘‘1 percent’’ for ‘‘one-half of 1 percent’’.

1986—Pub. L. 99–506 substituted ‘‘Transfer of funds’’

for ‘‘Use of funds’’ in section catchline and amended

text generally. Prior to amendment, text read as follows: ‘‘No funds appropriated under this chapter for

any research program or activity may be used for any

purpose other than that for which the funds were specifically authorized.’’

§ 716. State administration

The application of any State rule or policy relating to the administration or operation of programs funded by this chapter (including any

rule or policy based on State interpretation of

any Federal law, regulation, or guideline) shall

be identified as a State imposed requirement.

(Pub. L. 93–112, §17, as added Pub. L. 99–506, title

I, §108(a), Oct. 21, 1986, 100 Stat. 1812.)

§ 717. Review of applications

Applications for grants or contracts in excess

of $60,000 in the aggregate authorized to be funded under this chapter, other than grants or contracts for evaluations, dissemination, or conferences, shall be reviewed by panels of experts

which shall include a majority of non-Federal

members. Non-Federal members may be provided travel, per diem, and consultant fees not

to exceed the daily equivalent of the rate of pay

for level 4 of the Senior Executive Service

Schedule under section 5382 of title 5.

(Pub. L. 93–112, §18, as added Pub. L. 99–506, title

I, §109(a), Oct. 21, 1986, 100 Stat. 1813; amended

Pub. L. 100–630, title II, §201(g), Nov. 7, 1988, 102

Stat. 3304; Pub. L. 102–569, title I, §108(b), Oct. 29,

1992, 106 Stat. 4363.)

AMENDMENTS

1992—Pub. L. 102–569 substituted ‘‘the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382’’ for ‘‘the rate

provided for grade GS–18 of the General Schedule under

section 5332’’.

1988—Pub. L. 100–630 inserted comma after ‘‘this chapter’’ and after ‘‘conferences’’.

§ 718. Carryover

(a) In general

Except as provided in subsection (b) of this

section, and notwithstanding any other provision of law—

(1) any funds appropriated for a fiscal year

to carry out any grant program under part B

or C of subchapter I of this chapter, section

794e of this title (except as provided in section

794e(b) of this title), part C of subchapter VI of

this chapter, subpart 2 or 3 of part A of subchapter VII of this chapter, or part B of subchapter VII of this chapter (except as provided

in section 796k(b) of this title), including any

funds reallotted under any such grant program, that are not obligated and expended by

recipients prior to the beginning of the succeeding fiscal year; or

(2) any amounts of program income, including reimbursement payments under the Social

Security Act (42 U.S.C. 301 et seq.), received by

recipients under any grant program specified

in paragraph (1) that are not obligated and expended by recipients prior to the beginning of

the fiscal year succeeding the fiscal year in

which such amounts were received,

shall remain available for obligation and expenditure by such recipients during such succeeding fiscal year.

(b) Non-Federal share

Such funds shall remain available for obligation and expenditure by a recipient as provided

in subsection (a) of this section only to the extent that the recipient complied with any Federal share requirements applicable to the program for the fiscal year for which the funds were

appropriated.

(Pub. L. 93–112, §19, as added Pub. L. 102–569,

title I, §109(a), Oct. 29, 1992, 106 Stat. 4363;

amended Pub. L. 103–73, title I, §104, Aug. 11,

1993, 107 Stat. 719.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(2),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended,

which is classified generally to chapter 7 (§301 et seq.)

of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section

1305 of Title 42 and Tables.

AMENDMENTS

1993—Subsec. (a). Pub. L. 103–73 amended heading and

text of subsec. (a) generally. Prior to amendment, text

read as follows: ‘‘Except as provided in subsection (b) of

this section, and notwithstanding any other provision

of law, any funds appropriated for a fiscal year to carry

out any grant program under part B or C of subchapter

I of this chapter, section 794e of this title, part C of

subchapter VI of this chapter, or subpart 2 or 3 of part

A of subchapter VII of this chapter, that are not obligated and expended by recipients prior to the beginning

of the succeeding fiscal year shall remain available for

obligation and expenditure by such recipients during

such succeeding fiscal year.’’

§ 718a. Client assistance information

All programs, including community rehabilitation programs, and projects, that provide services to individuals with disabilities under this

chapter shall advise such individuals who are

applicants for or recipients of the services, or

the parents, family members, guardians, advocates, or authorized representatives of the individuals, of the availability and purposes of the

client assistance program under section 732 of

this title, including information on means of

seeking assistance under such program.

(Pub. L. 93–112, §20, as added Pub. L. 102–569,

title I, §110(a), Oct. 29, 1992, 106 Stat. 4363;

amended Pub. L. 103–73, title I, §105, Aug. 11,

1993, 107 Stat. 719.)