tion in Employment Act of 1967, as amended by subsection (e) of this section [subsec. (g) of this section], shall take effect on the date of enactment of this Act. [Apr. 6, 1978]." TRANSFER OF FUNCTIONS "Equal Employment Opportunity Commission" was substituted for "Civil Service Commission" pursuant to Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, which transferred all functions vested by this section in the Civil Service Commission to the Equal Employment Opportunity Commission, effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 631 of this title; title 5 sections 2302, 7702, 7703; title 22 section 3905; title 31 section 52-2. § 634. Authorization of appropriations There are hereby authorized to be appropriated such sums as may be necessary to carry out this chapter. (As amended Pub. L. 95-256, § 7, Apr. 6, 1978, 92 Stat. 193.) AMENDMENTS 1978-Pub. L. 95-256 struck out ", not in excess of $5,000,000 for any fiscal year," following "sums". TRANSFER OF FUNCTIONS All functions relating to age discrimination administration and enforcement vested by this section in the Secretary of Labor or the Civil Service Commission were transferred to the Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. CHAPTER 15-OCCUPATIONAL SAFETY AND HEALTH CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 sections 2080, 2603; title 25 section 450m; title 30 section 951; title 42 section 6971. § 653. Geographic applicability; judicial enforcement; applicability to existing standards; report to Congress on duplication and coordination of Federal laws; workmen's compensation law or common law or statutory rights, duties, or liabilities of employers and employees unaffected REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse. §§ 655 to 657 CHANGE OF NAME The Secretary of Health, Education, and Welfare was redesignated the Secretary of Health and Human Services by section 3508(b) of Title 20, Education. § 661. Occupational Safety and Health Review Commission [See main edition for text of (a) to (c)] (d) Functions and duties of Chairman; appointment and compensation of administrative law judges and other employees The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission and shall appoint such administrative law judges and other employees as he deems necessary to assist in the performance of the Commission's functions and to fix their compensation in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates: Provided, That assignment, removal and compensation of administrative law judges shall be in accordance with sections 3105, 3344, 5372, and 7521 of title 5. [See main edition for text of (e) to (h)] (i) Administrative law judges; determinations; report as final order of Commission A' administrative law judge appointed by the Commission shall hear, and make a determination upon, any proceeding instituted before the Commission and any motion in connection therewith, assigned to such administrative law judge by the Chairman of the Commission, and shall make a report of any such determination which constitutes his final disposition of the proceedings. The report of the administrative law judge shall become the final order of the Commission within thirty days after such report by the administrative law judge, unless within such period any Commission member has directed that such report shall be reviewed by the Commission. (j) Appointment and compensation of administrative law judges Except as otherwise provided in this chapter, the administrative law judges shall be subject to the laws governing employees in the classified civil service, except that appointments shall be made without regard to section 5108 of title 5. Each administrative law judge shall receive compensation at a rate not less than that prescribed for GS-16 under section 5332 of title 5. (As amended Pub. L. 95-251, § 2(a)(7), Mar. 27, 1978, 92 Stat. 183.) CODIFICATION In subsec. (d), reference to section 5372 of title 5 was substituted for section 5362 on authority of Pub. L. 95-454, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375. AMENDMENTS 1978-Subsec. (d). Pub. L. 95-251 substituted "administrative law judges" for "hearing examiners" wherever appearing. Subsec. (i). Pub. L. 95-251 substituted "administrative law judge" for "hearing examiner" wherever appearing. Subsec. (j). Pub. L. 95-251 substituted "administrative law judges" for "hearing examiners" and "administrative law judge" for "hearing examiner". 'So in original. Probably should be "An". 712. 713. 714. traineeships; special projects; dissemination of information; assistance to National Council on Handicapped. (b) Utilization of services and facilities. (c) Rules and regulations. (d) Authorization of appropriations. Reports to President and Congress [New]. Program and project evaluation [New]. (a) Statement of purpose; persons eligible to conduct evaluations. (b) Opinions of program and project par- (c) Publication of annual summaries. (f) Authorization of appropriations. Information clearinghouse [New]. (a) Establishment; information and resources for handicapped. 774. (a) Establishment; Director as principal officer. (b) Duties of Director. (c) Appointment of Director; Deputy Director; employment of technical and professional personnel; consultants. (d) Fellowships. (e) Scientific review of research grants (g) Report to Congress; long-range plan Interagency Committee [New]. (a) Establishment; ings. (b) Duties. membership; meet (c) Annual report to Congress. Research and demonstration projects [New]. (a) Multiple and interrelated service needs of handicapped individuals; report to Congress. (b) Authorization of appropriations. SUBCHAPTER III-SPECIAL FEDERAL RESPONSIBILITIES PART A-CONSTRUCTION AND TRAINING PROGRAMS Sec. 775. (d) Interpreters for deaf individuals; grants; application for grants. (e) Authorization of appropriations. Comprehensive rehabilitation centers [New]. (a) Establishment and operation; grants to designated State units; information and technical assistance to local governmental units and public and private nonprofit entities. (b) Application for grant; approval by Commissioner. (c) Grants or contracts by designated State unit; operation of facilities by designated State unit; personnel and equipment. (d) Application requirements for approval of grant or contract by designat ed State unit; use of funds by desig- (e) Failure of owner or facility to contin- (g) Authorization of appropriations. PART B-SPECIAL PROJECTS AND SUPPLEMENTARY SERVICES [NEW] Pilot programs. (a) Establishment. (b) Agreements; factors determining eligibility for cost payments; rate of pay; certificate of exemption by Department of Labor. (c) Cost payments; non-Federal share. (d) Method of payments. PART B-PROJECTS WITH INDUSTRY AND BUSINESS OPPORTUNITIES FOR HANDICAPPED INDIVIDUALS 795g. 795h. 795i. Projects with industry. (a) Agreements; joint financing. (b) Requirements for payment. (c) Amount of payments. Business opportunities for handicapped; promulgation of regulations. Authorization of appropriations. SUBCHAPTER VII-COMPREHENSIVE SERVICES FOR INDEPENDENT LIVING [NEW] United States. (c) Travel expenses. 783. National Council staff. (a) Technical and professional employ 796. 796a. 796b. PART A-COMPREHENSIVE SERVICES Congressional statement of purpose. (a) Determination of amount; territories. 796g. 796h. 7961. Establishment of service programs. (a) Grants to designated State units. (b) Application; contents. (c) Grants to public or private nonprofit agencies or organizations by designated State unit. (d) Definition. PART D-GENERAL PROVISIONS PART E-AUTHORIZATIONS Authorization of appropriations. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 762a of this title; title 5 section 8104; title 20 sections 107a, 107d-4, 1013, 1014, 3286, 3441; title 21 section 1173; title 22 section 2102; title 26 section 51; title 38 sections 1517, 2014; title 42 sections 303, 422, 603, 1203, 1353, 1382d, 3026, 6000, 6005. GENERAL PROVISIONS § 701. Congressional declaration of purpose 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. (As amended Pub. L. 95-602, title I, § 122(a)(1), Nov. 6, 1978, 92 Stat. 2984.) AMENDMENTS 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. SHORT TITLE OF 1978 AMENDMENTS 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 7951, and 796 to 7961 of this title and section 6000 of Title 42, The Public Health and Welfare, amending sections 701, 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 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'." Section 601 of Pub. L. 93-112, as added by Pub. L. 95-602, title II, § 201, Nov. 6, 1978, 92 Stat. 2989, provided that: "This title [adding subchapter VI of this chapter] may be cited as the 'Employment Opportunities for Handicapped Individuals Act'." Pub. L. 97-35, title VI, §§ 603, 604, Aug. 13, 1981, 95 Stat. 484, 485, provided that: "SEC. 603. There is authorized to be appropriated to carry out the Rehabilitation Act of 1973 [this chapter] $1,009,260,000 for fiscal year 1982, and $1,054,160,000 for fiscal year 1983. "SEC. 604. (a) Of the amounts authorized to be appropriated in section 603, not to exceed $250,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out section 12 of the Rehabilitation Act of 1973 [section 711 of this title]. "(b) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 14 of the Rehabilitation Act of 1973 [section 713 of this title] for fiscal year 1982 or 1983. "(c) of the amounts authorized to be appropriated in section 603, such sums as may be necessary shall be available, for each of the fiscal years 1982 and 1983, to carry out section 15 of the Rehabilitation Act of 1973 [section 714 of this title]. "(d) of the amounts authorized to be appropriated in section 603, not to exceed $899,000,000 for fiscal year 1982, and not to exceed $943,900,000 for fiscal year 1983, shall be available for the purpose of making grants to States pursuant to State entitlements under part B of title I of the Rehabilitation Act of 1973 [part B of subchapter I of this chapter]. "(e) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 120(a) of the Rehabilitation Act of 1973 [section 740(a) of this title] for fiscal year 1982 or 1983. "(f) of the amounts authorized to be appropriated in section 603, not to exceed $650,000 shall be available, for each of the fiscal years 1982 and 1983, for the purpose of making grants to Indian tribes under part D of title I of the Rehabilitation Act of 1973 [part D of subchapter I of this chapter]. "(g)(1) of the amounts authorized to be appropriated in section 603, not to exceed $3,500,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out section 112 of the Rehabilitation Act of 1973 [section 732 of this title]. "(2) The requirement for the setting aside of funds established in the first sentence of section 112(a) of such Act [section 732(a) of this title] shall not have any force or effect for each of the fiscal years 1982 and 1983. "(h) of the amounts authorized to be appropriated in section 603, not to exceed $35,000,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out title II of the Rehabilitation Act of 1973 [subchapter II of this chapter]. "(i) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 301 of the Reha bilitation Act of 1973 [section 771 of this title] for fiscal year 1982 or 1983. "(j) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 302 of the Rehabilitation Act of 1973 [section 772 of this title] for fiscal year 1982 or 1983. "(k) of the amounts authorized to be appropriated in section 603, not to exceed $25,500,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out section 304 of the Rehabilitation Act of 1973 [section 774 of this title]. "(1) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 305 of the Rehabilitation Act of 1973 [section 775 of this title] for fiscal year 1982 or 1983. "(m)(1) of the amounts authorized to be appropriated in section 603, not to exceed $12,210,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out sections 310, 311, 312, 314, and 315 of the Rehabilitation Act of 1973 [sections 777, 777a, 777b, 777d, and 777e, respectively, of this title]. "(2) The requirement for the setting aside of funds established in the first sentence of section 310(b) of such Act [section 777(b) of this title] shall not have any force or effect for each of the fiscal years 1982 and 1983. "(n) of the amounts authorized to be appropriated in section 603, not to exceed $2,000,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out section 316 of the Rehabilitation Act of 1973 [section 777f of this title]. "(0) Of the amounts authorized to be appropriated in section 603, not to exceed $3,500,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out section 313 of the Rehabilitation Act of 1973 [section 777c of this title]. "(p) Of the amounts authorized to be appropriated in section 603, not to exceed $256,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out title IV of the Rehabilitation Act of 1973 [subchapter IV of this chapter]. "(q) of the amounts authorized to be appropriated in section 603, such sums as may be necessary shall be available, for each of the fiscal years 1982 and 1983, to carry out section 502 of the Rehabilitation Act of 1973 [section 792 of this title]. "(r) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 506 of the Rehabilitation Act of 1973 [section 794b of this title] for fiscal year 1982 or 1983. "(s) Notwithstanding the authorization of appropri ations made in section 603, no funds are authorized to be appropriated to carry out part A of title VI of the Rehabilitation Act of 1973 (part A of subchapter VI of this chapter] for fiscal year 1982 or 1983. "(t) of the amounts authorized to be appropriated in section 603, not to exceed $8,000,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out part B of title VI of the Rehabilitation Act of 1973 [part B of subchapter VI of this chapter). "(u) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out part A, C, or D of title VII of the Rehabilitation Act of 1973 [part A, C, D of subchapter VII of this chapter] for fiscal year 1982 or 1983. "(v) of the amounts authorized to be appropriated in section 603, not to exceed $19,400,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out part B of title VII of the Rehabilitation Act of 1973 [part B of subchapter VII of this chapter]." § 702. Rehabilitation Services Administration (a) Establishment; appointment of Commissioner; principal officer and principal agency; 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. In the performance of his functions, 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 his functions under this chapter, the Commissioner shall be guided by general policies of the National Council on the Handicapped 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) Redesignated (b) (As amended Pub. L. 95-602, title I, § 122(a)(2), (3), Nov. 6, 1978, 92 Stat. 2984.) REFERENCES IN TEXT 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), 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. AMENDMENTS 1978-Subsec. (a). Pub. L. 95-602, § 122(a)(2), inserted "and part A of subchapter VI of this chapter" following "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 Commis |