Sec. 596. Transfer of functions to Department of Labor, and savings provisions
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For purposes of this section, unless otherwise provided or indicated by the context— the term Disability Employment Services and Supports Administration means the Disability Employment Services and Supports Administration of the Office of Disability Employment Policy, Services, and Supports of the Department of Labor; the term Federal agency has the meaning given to the term agency by section 551(1) of title 5, United States Code; the term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; the term office includes any office, administration, agency, institute, unit, organizational entity, or component thereof; and the term Rehabilitation Services Administration means the Rehabilitation Services Administration of the Office of Special Education and Rehabilitative Services of the Department of Education.
There are transferred to the Disability Employment Services and Supports Administration, all functions which the Commissioner of the Rehabilitation Services Administration exercised before the effective date of this section (including all related functions of any officer or employee of that Administration) under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), other than title VII of that Act ( 29 U.S.C. 796 et seq. ). If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under this section.
The Commissioner of the Disability Employment Services and Supports Administration may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this section. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code.
The Commissioner of the Disability Employment Services and Supports Administration may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Commissioner of the Disability Employment Services and Supports Administration may pay experts and consultants who are serving away from their homes or regular place of business travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently.
Except where otherwise expressly prohibited by law or otherwise provided by this section, the Commissioner of the Disability Employment Services and Supports Administration may delegate any of the functions transferred to the Commissioner of such Administration by this section and any function transferred or granted to such Commissioner after the effective date of this section to such officers and employees of such Administration as the Commissioner may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate.
No delegation of functions by the Commissioner of the Disability Employment Services and Supports Administration under this subsection or under any other provision of this section shall relieve such Commissioner of responsibility for the administration of such functions. The Commissioner of the Disability Employment Services and Supports Administration is authorized to allocate or reallocate any function transferred under this section among the officers of such Administration, and to establish, consolidate, alter, or discontinue such organizational entities in such Administration as may be necessary or appropriate.
The Commissioner of the Disability Employment Services and Supports Administration is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as that Commissioner determines necessary or appropriate to administer and manage the functions of that Administration. Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this section, subject to section 1531 of title 31, United States Code, shall be transferred to the Disability Employment Services and Supports Administration.
Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this section, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section.
The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section. Except as otherwise provided by this section, the transfer pursuant to this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer of such employee under this section.
Except as otherwise provided in this section, any person who, on the day preceding the effective date of this section, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Disability Employment Services and Supports Administration to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position.
Positions whose incumbents are appointed by the President, by and with the advice and consent of the Senate, the functions of which are transferred by this section, shall terminate on the effective date of this section. All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions— which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this section; and which are in effect at the time this section takes effect, or were final before the effective date of this section and are to become effective on or after the effective date of this section, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Commissioner of the Disability Employment Services and Supports Administration or other authorized official, a court of competent jurisdiction, or by operation of law.
The provisions of this section shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Rehabilitation Services Administration at the time this section takes effect, with respect to functions transferred by this section but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law.
Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. The provisions of this section shall not affect suits commenced (with respect to functions transferred under this section) before the effective date of this section, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted.
No suit, action, or other proceeding commenced by or against the Rehabilitation Services Administration (with regard to functions transferred under this section), or by or against any individual in the official capacity of such individual as an officer of the Rehabilitation Services Administration (with regard to functions transferred under this section), shall abate by reason of the enactment of this section. Any administrative action relating to the preparation or promulgation of a regulation by the Rehabilitation Services Administration (with regard to functions transferred under this section) may be continued by the Disability Employment Services and Supports Administration with the same effect as if this section had not been enacted.
If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— the Commissioner of the Rehabilitation Services Administration (with regard to functions transferred under this section), shall be deemed to refer to the Commissioner of the Disability Employment Services and Supports Administration; and the Rehabilitation Services Administration (with regard to functions transferred under this section), shall be deemed to refer to the Disability Employment Services and Supports Administration.
After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Commissioner of the Disability Employment Services and Supports Administration shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section. Not later than 180 days after the effective date of this section, the Commissioner of the Disability Employment Services and Supports Administration shall submit the recommended legislation referred to under paragraph (1).
The Commissioner of the Disability Employment Services and Supports Administration is authorized to utilize— the services of such officers, employees, and other personnel of the Rehabilitation Services Administration with regard to functions transferred under this section; and funds appropriated to such functions, for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. Until the date on which the Commissioner of the Disability Employment Services and Supports Administration takes office, the Secretary of Labor may exercise any authority of that Administration.
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