§ 702. — Rehabilitation Services Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC702]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
GENERAL PROVISIONS
Sec. 702. Rehabilitation Services Administration
(a) 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 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) The Secretary 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, Sec. 3, as added Pub. L. 105-220, title IV, Sec. 403,
Aug. 7, 1998, 112 Stat. 1096.)
Prior Provisions
A prior section 702, Pub. L. 93-112, Sec. 3, Sept. 26, 1973, 87
Stat. 357; Pub. L. 93-516, title I, Sec. 101(a), Dec. 7, 1974, 88 Stat.
1617; Pub. L. 93-651, title I, Sec. 101(a), Nov. 21, 1974, 89 Stat. 2-3;
Pub. L. 95-602, title I, Sec. 122(a)(2), (3), Nov. 6, 1978, 92 Stat.
2984; Pub. L. 99-506, title I, Sec. 102, title X, Sec. 1001(a)(1), Oct.
21, 1986, 100 Stat. 1808, 1841; Pub. L. 100-630, title II, Sec. 201(a),
Nov. 7, 1988, 102 Stat. 3303, related to the Rehabilitation Services
Administration, prior to repeal by Pub. L. 105-220, title IV, Sec. 403,
Aug. 7, 1998, 112 Stat. 1093.
Additional Personnel for Office for the Blind and Visually Handicapped
Pub. L. 93-516, title II, Sec. 208(a), Dec. 7, 1974, 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,
Sec. 208(a), Nov. 21, 1974, 89 Stat. 2-14.
Preference to Blind in Selecting Personnel
Pub. L. 93-516, title II, Sec. 208(c), Dec. 7, 1974, 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,
Sec. 208(c), Nov. 21, 1974, 89 Stat. 2-14.
Section Referred to in Other Sections
This section is referred to in section 762 of this title.
