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Title 29 — Labor

Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services

§ 702. Rehabilitation Services Administration

Statutory text

(a)

There is established in the Office of the Secretary in the Department of Education 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. Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII. 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 of Education 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 of Education 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)

The Secretary of Education shall take whatever action is necessary to ensure that funds appropriated pursuant to this chapter are expended only for the programs, personnel, and administration of programs carried out under this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Rehabilitation Act of 1973

    Pub. L. 93–112 § 3 · 87 Stat. 355

    Enacted · 29 U.S.C. § 702

    Pub. L. 93–112, § 3, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1096

    Source evidence

    Code source credit
    Pub. L. 93–112, § 3, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1096

    Enacted provision · exact public law section
    Sec. 3. rehabilitation services administration (a) There is established in the Department of Health, Education, Establishment. and Welfare a Rehabilitation Services Administration which shall be headed by a Commissioner (hereinafter in this Act referred to as the “Commissioner”) appointed by the President. Except for titles Post, pp. 385, 390. Delegation of functions, submittal of plan to Congress. IV and V and as otherwise specifically provided in this Act, such Administration shall be the principal agency for carrying out this Act. The Secretary shall not approve any delegation of the functions of the Commissioner to any other officer not directly responsible to the Commissioner unless the Secretary shall first submit a plan for such delegation to the Congress. Such delegation is effective at the end of the first period of sixty calendar days of continuous session of Congress after the date on which the plan for such delegation is transmitted to it: Provided, however, That within thirty days of such transmittal, the Secretary shall consult with the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives respecting such proposed delegation. For the purposes of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment oi more than three days to a day certain are excluded in the computation of the thirty-day and sixty-day periods. (b) The Secretary, through the Commissioner in coordination with other appropriate programs in the Department of Health, Education, and Welfare, in carrying out research under this Act shall establish the expertise and technological competence to, and shall, in consultation with, the National Science Foundation and the National Academy of Sciences develop and support, and stimulate the development and utilization (including production and distribution of new and existing devices) of, innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems, and be responsible for carrying out Post, p. 375. the activities described in section 202(b) (2). (c) The Secretary shall take whatever action is necessary to insure that funds appropriated pursuant to this Act, as well as unexpended appropriations for carrying out the Vocational Rehabilitation Act (29 68 Stat. 652. U.S.C. 31–12), are expended only for the programs, personnel, and administration of programs carried out under this Act.

  2. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 403(1) · 128 Stat. 1425

    1. Inserted · 29 U.S.C. § 702(a)

      Pub. L. 113–128, § 403(1), inserted “in the Department of Education” after “Secretary” in first sentence

    2. Substituted · 29 U.S.C. § 702(a)

      Pub. L. 113–128, § 403(1), substituted “Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII.” for “Except for subchapters IV and V 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.” in second sentence

    3. Inserted · 29 U.S.C. § 702(a)

      Pub. L. 113–128, § 403(1), inserted “of Education” after “to the Secretary” in fourth sentence and after “by the Secretary” in sixth sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–128, § 403(1), inserted “in the Department of Education” after “Secretary” in first sentence, substituted “Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII.” for “Except for subchapters IV and V 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.” in second sentence, and inserted “of Education” after “to the Secretary” in fourth sentence and after “by the Secretary” in sixth sentence.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) in the first sentence, by inserting “in the Department of Education” after “Secretary”; (B) by striking the second sentence and inserting “Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out titles I, III, VI, and chapter 2 of title VII.”; and (C) in the fourth and sixth sentences, by inserting “of Education” after “Secretary” the first place it appears; and

  3. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 403(2) · 128 Stat. 1425

    Inserted · 29 U.S.C. § 702(b)

    Pub. L. 113–128, § 403(2), inserted “of Education” after “Secretary”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–128, § 403(2), inserted “of Education” after “Secretary”.

    Enacted provision · exact public law section
    (2) in subsection (b), by inserting “of Education” after “Secretary”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 702, Pub. L. 93–112, § 3, , 87 Stat. 357; Pub. L. 93–516, title I, § 101(a), , 88 Stat. 1617; Pub. L. 93–651, title I, § 101(a), , 89 Stat. 2–3; Pub. L. 95–602, title I, § 122(a)(2), (3), , 92 Stat. 2984; Pub. L. 99–506, title I, § 102, title X, § 1001(a)(1), , 100 Stat. 1808, 1841; Pub. L. 100–630, title II, § 201(a), , 102 Stat. 3303, related to the Rehabilitation Services Administration, prior to repeal by Pub. L. 105–220, title IV, § 403, , 112 Stat. 1093.

Amendments

2014—Subsec. (a). Pub. L. 113–128, § 403(1), inserted “in the Department of Education” after “Secretary” in first sentence, substituted “Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII.” for “Except for subchapters IV and V 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.” in second sentence, and inserted “of Education” after “to the Secretary” in fourth sentence and after “by the Secretary” in sixth sentence.

Subsec. (b). Pub. L. 113–128, § 403(2), inserted “of Education” after “Secretary”.

Statutory Notes and Related Subsidiaries

Additional Personnel for Office for the Blind and Visually Handicapped

Pub. L. 93–516, title II, § 208(a), , 88 Stat. 1629, 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 Pub. L. 93–651, title II, § 208(a), , 89 Stat. 2–14.

Preference to Blind in Selecting Personnel

Pub. L. 93–516, title II, § 208(c), , 88 Stat. 1629, 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 Pub. L. 93–651, title II, § 208(c), , 89 Stat. 2–14.

Credits

1998–2014 · 2 acts
  1. 1998Pub. L. 93–112, § 3, as added Pub. L. 105–220, title IV, § 403, , 112 Stat. 1096
  2. 2014amended Pub. L. 113–128, title IV, § 403, , 128 Stat. 1632.
Show as published

(Pub. L. 93–112, § 3, as added Pub. L. 105–220, title IV, § 403, , 112 Stat. 1096; amended Pub. L. 113–128, title IV, § 403, , 128 Stat. 1632.)

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