29 U.S.C. § 701 — Findings; purpose; policy

Page 191 TITLE 29—LABOR § 701 Sec. SUBCHAPTER II—RESEARCH AND TRAINING 760. Declaration of purpose. 761. Authorization of appropriations. 762. National Institute on Disability, Independent Living, and Rehabilitation Research. 762a. Research and demonstration projects. 763. Interagency Committee. 764. Research and other covered activities. 765. Disability, Independent Living, and Rehabili- tation Research Advisory Council. 766. Definition of covered school. SUBCHAPTER III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS 771. Declaration of purpose and competitive basis of grants and contracts. 772. Training. 773. Demonstration and training programs. 774, 775. Repealed. 776. Measuring of project outcomes and perform- ance. SUBCHAPTER IV—NATIONAL COUNCIL ON DISABILITY 780. Establishment of National Council on Dis- ability. 780a. Independent status of National Council on the Handicapped. 781. Duties of National Council. 782. Compensation of National Council members. 783. Staff of National Council. 784. Administrative powers of National Council. 785. Authorization of appropriations. SUBCHAPTER V—RIGHTS AND ADVOCACY 790. Repealed. 791. Employment of individuals with disabilities. 792. Architectural and Transportation Barriers Compliance Board. 793. Employment under Federal contracts. 794. Nondiscrimination under Federal grants and programs. 794a. Remedies and attorney fees. 794b. Removal of architectural, transportation, or communication barriers; technical and fi- nancial assistance; compensation of experts or consultants; authorization of appropria- tions. 794c. Interagency Disability Coordinating Council. 794d. Electronic and information technology. 794d–1. Reports on accessibility of electronic infor- mation to individuals with disabilities. 794e. Protection and advocacy of individual rights. 794f. Establishment of standards for accessible medical diagnostic equipment. 794g. Limitations on use of subminimum wage. SUBCHAPTER VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES 795, 795a. Repealed. 795g. Purpose. 795h. Allotments. 795i. Availability of services. 795j. Eligibility. 795k. State plan. 795l. Restriction. 795m. Savings provision. 795n. Advisory Committee on Increasing Competi- tive Integrated Employment for Individuals with Disabilities. 795o. Authorization of appropriations. SUBCHAPTER VII—INDEPENDENT LIVING SERV- ICES AND CENTERS FOR INDEPENDENT LIVING PART A—INDIVIDUALS WITH SIGNIFICANT DISABILITIES SUBPART 1—GENERAL PROVISIONS 796. Purpose. Sec. 796–1. Administration of the independent living pro- gram. 796a. Definitions. 796b. Eligibility for receipt of services. 796c. State plan. 796d. Statewide Independent Living Council. 796d–1. Responsibilities of the Administrator. SUBPART 2—INDEPENDENT LIVING SERVICES 796e. Allotments. 796e–0. Training and technical assistance. 796e–1. Payments to States from allotments. 796e–2. Authorized uses of funds. 796e–3. Authorization of appropriations. SUBPART 3—CENTERS FOR INDEPENDENT LIVING 796f. Program authorization. 796f–1. Grants to centers for independent living in States in which Federal funding exceeds State funding. 796f–2. Grants to centers for independent living in States in which State funding equals or ex- ceeds Federal funding. 796f–3. Centers operated by State agencies. 796f–4. Standards and assurances for centers for inde- pendent living. 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. 796j–1. Training and technical assistance. 796k. Program of grants. 796l. Authorization of appropriations. SUBCHAPTER VIII—SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS 797 to 797b. Repealed. 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 increas- ing; (2) individuals with disabilities constitute one of the most disadvantaged groups in soci- ety; (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 soci- ety; (4) increased employment of individuals with disabilities can be achieved through imple- mentation of statewide workforce develop- ment systems defined in section 3102 of this title that provide meaningful and effective participation for individuals with disabilities in workforce investment activities and activi- ties carried out under the vocational rehabili- tation program established under subchapter Page 192 TITLE 29—LABOR § 701 I, and through the provision of independent living services, support services, and meaning- ful opportunities for employment in inte- grated 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, transpor- tation, communication, recreation, institu- tionalization, health services, voting, and pub- lic services; (6) the goals of the Nation properly include the goal of providing individuals with disabil- ities with the tools necessary to— (A) make informed choices and decisions; and (B) achieve equality of opportunity, full inclusion and integration in society, em- ployment, independent living, and economic and social self-sufficiency, for such individ- uals; and (7)(A) a high proportion of students with dis- abilities is leaving secondary education with- out being employed in competitive integrated employment, or being enrolled in postsec- ondary education; and (B) there is a substantial need to support such students as they transition from school to postsecondary life. (b) Purpose The purposes of this chapter are— (1) to empower individuals with disabilities to maximize employment, economic self-suffi- ciency, independence, and inclusion and inte- gration into society, through— (A) statewide workforce development sys- tems defined in section 3102 of this title that include, as integral components, comprehen- sive and coordinated state-of-the-art pro- grams of vocational rehabilitation; (B) independent living centers and serv- ices; (C) research; (D) training; (E) demonstration projects; and (F) the guarantee of equal opportunity; (2) to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for competitive inte- grated employment; (3) to ensure that the Federal Government plays a leadership role in promoting the em- ployment of individuals with disabilities, espe- cially individuals with significant disabilities, and in assisting States and providers of serv- ices in fulfilling the aspirations of such indi- viduals with disabilities for meaningful and gainful employment and independent living; (4) to increase employment opportunities and employment outcomes for individuals with disabilities, including through encour- aging meaningful input by employers and vo- cational rehabilitation service providers on successful and prospective employment and placement strategies; and (5) to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Indi- viduals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and receipt of services under section 794 of this title have opportuni- ties for postsecondary success. (c) Policy It is the policy of the United States that all programs, projects, and activities receiving as- sistance 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 for- mats), of the individuals; (3) inclusion, integration, and full participa- tion of the individuals; (4) support for the involvement of an individ- ual’s representative if an individual with a dis- ability requests, desires, or needs such sup- port; and (5) support for individual and systemic advo- cacy and community involvement. (Pub. L. 93–112, § 2, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1095; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 402, July 22, 2014, 128 Stat. 1631.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (b)(5), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see sec- tion 1400 of Title 20 and Tables. PRIOR PROVISIONS A prior section 701, 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, related to findings, purpose, and pol- icy, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. AMENDMENTS 2014—Subsec. (a)(4). Pub. L. 113–128, § 402(a)(1), sub- stituted ‘‘workforce development systems defined in section 3102 of this title’’ for ‘‘workforce investment systems under title I of the Workforce Investment Act of 1998’’. Subsec. (a)(7). Pub. L. 113–128, § 402(a)(2)–(4), added par. (7). Subsec. (b)(1)(A). Pub. L. 113–128, § 402(b)(1)(A), sub- stituted ‘‘workforce development systems defined in section 3102 of this title’’ for ‘‘workforce investment systems implemented in accordance with title I of the Workforce Investment Act of 1998’’. Subsec. (b)(2) to (5). Pub. L. 113–128, § 402(b)(1)(B), (2)–(5), added par. (2), redesignated former par. (2) as (3), and added pars. (4) and (5). 1998—Pub. L. 105–277 made technical amendment in original to section designation and catchline. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–213, § 1, July 29, 2010, 124 Stat. 2343, pro- vided that: ‘‘This Act [enacting provisions set out as Page 193 TITLE 29—LABOR § 701 notes under sections 796f–1 and 796f–2 of this title] may be cited as the ‘Independent Living Centers Technical Adjustment Act’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–220, title IV, § 401, Aug. 7, 1998, 112 Stat. 1092, provided that title IV of Pub. L. 105–220 could be cited as the ‘‘Rehabilitation Act Amendments of 1998’’, prior to repeal by Pub. L. 113–128, title V, § 511(a), July 22, 2014, 128 Stat. 1705. 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 provi- sions set out as a note under this section] may be cited as the ‘Rehabilitation Act Amendments of 1993’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–569, § 1(a), Oct. 29, 1992, 106 Stat. 4344, pro- vided 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, 772, 774, 775, 777, 777a, 777f, 785, 792, 795f, 795i, 795q, 796i, and 1904 of this title and section 1475 of Title 20, Edu- cation] may be cited as the ‘Rehabilitation Act Amend- ments of 1991’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–506, § 1(a), Oct. 21, 1986, 100 Stat. 1807, pro- vided 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 former Title 36, Patriotic Soci- eties 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, re- pealing 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 Pub. L. 95–602, § 1, Nov. 6, 1978, 92 Stat. 2955, 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 sec- tion, 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 pro- visions set out as notes under sections 713 and 795 of this title and sections 6000 and 6001 of Title 42, and re- pealing a provision set out as a note under section 6001 of Title 42] may be cited as the ‘Rehabilitation, Com- prehensive 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 Exten- sion 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. SHORT TITLE Pub. L. 93–112, § 1(a), as added by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093, and amended by Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Rehabilitation Act of 1973’.’’ Pub. L. 93–112, title VI, § 601, as added by Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1210, pro- vided that: ‘‘This title [enacting subchapter VI of this chapter] may be cited as the ‘Employment Opportuni- ties for Individuals With Disabilities Act’.’’ Pub. L. 93–112, § 1, Sept. 26, 1973, 87 Stat. 355, provided in part that Pub. L. 93–112, which enacted this chapter and repealed sections 31 to 41c and 42–1 to 42b of this title, could be cited as the ‘‘Rehabilitation Act of 1973’’, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. Pub. L. 93–112, title VI, § 601, 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 title VI of Pub. L. 93–112, enacting former subchapter VI of this chapter, could be cited as the ‘‘Employment Opportunities for Handicapped Individuals Act’’, prior to the general amendment of title VI of Pub. L. 93–112 by Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1210. Executive Documents 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 ex- ercise, 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 unex- pended appropriations. SEC. 2. The Secretary of Labor is hereby designated and empowered to exercise, without approval, ratifica- tion, or other action of the President, the authority of Page 194 TITLE 29—LABOR § 701 the President (1) under section 503(a) of the Rehabilita- tion Act of 1973 [29 U.S.C. 793(a)] to prescribe regula- tions, after consultation with the Secretary of Defense and the Administrator of General Services, with re- spect to the employment of qualified handicapped indi- viduals 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 con- formity with the provisions of section 503(c) of the Re- habilitation Act of 1973 [29 U.S.C. 793(c)], and regula- tions issued by the Secretary of Labor pursuant to sec- tion 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 en- tering into, renewing or extending any contract subject to the provisions of section 503 of the Rehabilitation Act of 1973 [29 U.S.C. 793], inclusion of a provision re- quiring 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, as amended by Ex. Ord. No. 13172, Oct. 25, 2000, 65 F.R. 64577; Ex. Ord. No. 13187, § 4(b), Jan. 10, 2001, 66 F.R. 3858, 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 pos- sible to the employment rate of the general adult popu- lation and to support the goals articulated in the find- ings and purpose section of the Americans with Disabil- ities Act of 1990 [42 U.S.C. 12101 et seq.], it is hereby or- dered 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 Vet- erans Affairs, Secretary of Health and Human Services, Commissioner of Social Security, Secretary of the Treasury, Secretary of Commerce, Secretary of Trans- portation, Director of the Office of Personnel Manage- ment, Administrator of the Small Business Administra- tion, the Chair of the Equal Employment Opportunity Commission, the Chairperson of the National Council on Disability, the Chairperson of the President’s Dis- ability Employment Partnership Board., [sic] and such other senior executive branch officials as may be deter- mined by the Chair of the Task Force. (b) The Secretary of Labor shall be the Chair of the Task Force; the Chairperson of the President’s Dis- ability Employment Partnership Board. [sic] shall be the Vice Chair of the Task Force. (c) The purpose of the Task Force is to create a co- ordinated 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 rec- ommend to the President, through the Chair of the Task Force, a coordinated Federal policy to reduce em- ployment barriers for persons with disabilities. Policy recommendations may cover such areas as discrimina- tion, reasonable accommodations, inadequate access to health care, lack of consumer-driven, long-term sup- ports and services, transportation, accessible and inte- grated housing, telecommunications, assistive tech- nology, community services, child care, education, vo- cational rehabilitation, training services, job reten- tion, 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 nec- essary to remove barriers to work faced by people with disabilities; (2) develop and recommend options to address health insurance coverage as a barrier to employ- ment 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 men- tal 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, em- ployment, 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 employ- ment of adults with disabilities; (6) evaluate whether Federal studies related to em- ployment and training can, and should, include a sta- tistically significant sample of adults with disabil- ities; (7) subject to the availability of appropriations, analyze youth programs related to employment (e.g., Employment and Training Administration programs, special education, vocational rehabilitation, school- to-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 employ- ees with disabilities; (9) consult with the President’s Committee on Men- tal Retardation on policies to increase the employ- ment 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 pro- posals, 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 Dis- abilities 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 per- son with a physical or mental impairment that sub- stantially 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 Depart- ment of Labor, and the Equal Employment Opportunity Commission shall submit to the Task Force a review of Federal Government personnel laws, regulations, and Page 195 TITLE 29—LABOR § 701 policies and, as appropriate, shall recommend or imple- ment changes necessary to improve Federal employ- ment policy for adults with disabilities. This review shall include personnel practices and actions such as: hiring, promotion, benefits, retirement, workers’ com- pensation, retention, accessible facilities, job accom- modations, 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 Re- sponsibility 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 accord- ance 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 real- ize 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 Em- ployment of People with Disabilities shall work to- gether and report to the Task Force by November 15, 1998, on their work to develop small business and entre- preneurial opportunities for adults with disabilities and strategies for assisting low-income adults, includ- ing those with disabilities[,] to create small businesses and micro-enterprises. These same agencies, in con- sultation with the Committee for Purchase from Peo- ple 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 [now 41 U.S.C. 8501 et seq.] on employment and small business opportunities for people with disabil- ities. (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 pro- grams to see if they can be used to create new work in- centives and to remove barriers to work for adults with disabilities. (e) The Departments of Justice, Education, and Labor, the Equal Employment Opportunity Commis- sion, and the Social Security Administration shall work together and report to the Task Force by Novem- ber 15, 1998, on their work to propose remedies to the prevention of people with disabilities from successfully exercising their employment rights under the Ameri- cans 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 Na- tional Council on Disability, and the President’s Com- mittee on Employment of People with Disabilities shall design and implement a statistically reliable and accu- rate 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 fre- quent 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 poli- cies to ensure that they are being conducted and deliv- ered in a manner that facilitates and promotes the em- ployment of adults with disabilities. Each agency shall file a report with the Task Force on the results of its review on November 15, 1998. (h) To improve employment outcomes for persons with disabilities by addressing, among other things, the education, transition, employment, health and reha- bilitation, and independent living issues affecting young people with disabilities, executive departments and agencies shall coordinate and cooperate with the Task Force to: (1) strengthen interagency research, demonstration, and training activities relating to young people with disabilities; (2) create a public awareness campaign focused on access to equal oppor- tunity for young people with disabilities; (3) promote the views of young people with disabilities through col- laboration with the Youth Councils authorized under the Workforce Investment Act of 1998 [Pub. L. 105–220, repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015]; (4) in- crease access to and utilization of health insurance and health care for young people with disabilities through the formalization of the Federal Healthy and Ready to Work Interagency Council; (5) increase participation by young people with disabilities in postsecondary edu- cation and training programs; and (6) create a nation- ally representative Youth Advisory Council, to be fund- ed and chaired by the Department of Labor, to advise the Task Force in conducting these and other appro- priate activities. SEC. 3. Cooperation. All efforts taken by executive de- partments and agencies under sections 1 and 2 of this order shall, as appropriate, further partnerships and co- operation with public and private sector employers, or- ganizations that represent people with disabilities, or- ganized labor, veteran service organizations, and State and local governments whenever such partnerships and cooperation are possible and would promote the em- ployment and gainful economic activities of individuals with disabilities. SEC. 4. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforce- able at law by a party against the United States, its agencies, its officers, or any person. WILLIAM J. CLINTON. EX. ORD. NO. 13187. THE PRESIDENT’S DISABILITY EMPLOYMENT PARTNERSHIP BOARD Ex. Ord. No. 13187, Jan. 10, 2001, 66 F.R. 3857, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], and in order to promote the employment of people with disabilities, it is hereby ordered as fol- lows: SECTION 1. Establishment and Composition of the Board. (a) There is hereby established the President’s Dis- ability Employment Partnership Board (Board). (b) The Board shall be composed of not more than 15 members who shall be appointed by the President for terms of 2 years. The membership shall include individ- uals who are representatives of business (including small business), labor organizations, State or local gov- ernment, disabled veterans, people with disabilities, or- ganizations serving people with disabilities, and re- searchers or academicians focusing on issues relating to the employment of people with disabilities, and may include other individuals representing entities involved in issues relating to the employment of people with dis- abilities as the President finds appropriate. (c) The President shall designate a Chairperson from among the members of the Board to serve a term of two years. (d) Members and the Chairperson may be reappointed for subsequent terms and may continue to serve until their successors have been appointed. SEC. 2. Functions. (a) The Board shall provide advice and information to the President, the Vice President, the Secretary of Labor, and other appropriate Federal officials with respect to facilitating the employment of people with disabilities, and shall assist in other activi- ties that promote the formation of public-private part- nerships, the use of economic incentives, the provision of technical assistance regarding entrepreneurship, and other actions that may enhance employment opportu- nities for people with disabilities. (b) In carrying out paragraph (a) of this section, the Board shall: Page 196 TITLE 29—LABOR § 702 (i) develop and submit to the Office of Disability Employment Policy in the Department of Labor a comprehensive written plan for joint public-private efforts to promote employment opportunities for peo- ple with disabilities and improve their access to fi- nancial institutions and commercial and business en- terprises; (ii) identify strategies that may be used by employ- ers, labor unions, national and international organi- zations, and Federal, State, and local officials to in- crease employment opportunities for people with dis- abilities; and (iii) coordinate with the Office of Disability Em- ployment Policy in the Department of Labor in pro- moting the collaborative use of public and private re- sources to assist people with disabilities in forming and expanding small business concerns and in en- hancing their access to Federal procurement and other relevant business opportunities. Public re- sources include those of the Department of Labor, the Small Business Administration, the Department of Commerce, the Department of Education, the Depart- ment of Defense, the Department of Treasury, the De- partment of Veterans Affairs, the Federal Commu- nications Commission, and of executive departments and agency offices responsible for small, disadvan- taged businesses utilization. (c) The Board shall submit annual written reports to the President, who may apprise the Congress and other interested organizations and individuals on its activi- ties, progress, and problems relating to maximizing employment opportunities for people with disabilities. (d) The Chairperson of the Board shall serve as a member and Vice Chair of the National Task Force on Employment of Adults with Disabilities established under Executive Order 13078 of March 13, 1998 [set out above]. SEC. 3. Administration. (a) The Board shall meet when called by the Chairperson, at a time and place des- ignated by the Chairperson. The Chairperson shall call at least two meetings per calendar year. The Chair- person may form subcommittees or working groups within the Board to address particular matters. (b) The Chairperson may from time to time prescribe such rules, procedures, and policies relating to the ac- tivities of the Board as are not inconsistent with law or with the provisions of this order. (c) Members of the Board shall serve without com- pensation but shall be allowed travel expenses, includ- ing per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Federal service (5 U.S.C. 5701–5707). (d) The Department of Labor shall provide funding and appropriate support to assist the Board in carrying out the activities described in section 2 of this order, including necessary office space, equipment, supplies, services, and staff. The functions of the President under the Federal Advisory Committee Act, as amend- ed, except that of reporting to the Congress, that are applicable to the Commission, shall be performed by the Department of Labor in accordance with guidelines that have been issued by the Administrator of General Services. (e) The heads of executive departments and agencies shall, to the extent permitted by law, provide the Board such information as it may need for purposes of carrying out the functions described in section 2 of this order. SEC. 4. Prior Orders and Transition. (a) Executive Order 12640 of May 10, 1988, as amended, relating to the establishment of the President’s Committee on Em- ployment of People with Disabilities, is hereby re- voked. The employees, records, property, and funds of the Committee shall become the employees, records, property, and funds of the Department of Labor. (b) Executive Order 13078 of March 13, 1998 [set out above], is amended in sections 1(a) and (b) by striking ‘‘Chair of the President’s Committee on Employment of People with Disabilities’’ and inserting ‘‘Chairperson of the President’s Disability Employment Partnership Board.’’ WILLIAM J. CLINTON. § 702. Rehabilitation Services Administration (a) There is established in the Office of the Secretary in the Department of Education a Re- habilitation Services Administration which shall be headed by a Commissioner (hereinafter in this chapter referred to as the ‘‘Commis- sioner’’) appointed by the President by and with the advice and consent of the Senate. Such Ad- ministration 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 Sec- retary. The functions of the Commissioner shall not be delegated to any officer not directly re- sponsible, both with respect to program oper- ation and administration, to the Commissioner. Any reference in this chapter to duties to be carried out by the Commissioner shall be consid- ered 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 poli- cies of the National Council on Disability estab- lished 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. (Pub. L. 93–112, § 3, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1096; amended Pub. L. 113–128, title IV, § 403, July 22, 2014, 128 Stat. 1632.) Editorial Notes PRIOR PROVISIONS A prior section 702, 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, re- lated to the Rehabilitation Services Administration, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 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 sub- chapter 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 De- partment for carrying out this chapter.’’ in second sen- tence, and inserted ‘‘of Education’’ after ‘‘to the Sec- retary’’ in fourth sentence and after ‘‘by the Sec- retary’’ in sixth sentence.