42 USC 3515e - Transfer of functions regarding independent living to Department of Health and Human Services, and savings provisions

U.S Code last checked for updates: Nov 22, 2024

§ 3515e.

Transfer of functions regarding independent living to Department of Health and Human Services, and savings provisions

(a)

Definitions

For purposes of this section, unless otherwise provided or indicated by the context—

(1)

the term “Administration for Community Living” means the Administration for Community Living of the Department of Health and Human Services;

(2)

the term “Federal agency” has the meaning given to the term “agency” by section 551(1) of title 5;

(3)

the term “function” means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and

(4)

the term “Rehabilitation Services Administration” means the Rehabilitation Services Administration of the Office of Special Education and Rehabilitative Services of the Department of Education.

(b)

Transfer of functions

(c)

Personnel determinations by the Office of Management and Budget

The Office of Management and Budget shall—

(1)

ensure that this section does not result in any net increase in full-time equivalent employees at any Federal agency impacted by this section; and

(2)

not later than 1 year after the effective date of this section, certify compliance with this subsection to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

(d)

Delegation and assignment

(e)

Reorganization

(f)

Rules

(g)

Transfer and allocations of appropriations and personnel

(h)

Incidental transfers

(i)

Savings provisions

(1)

Continuing effect of legal documents

All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—

(A)

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 subsection (b); and

(B)

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shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator of the Administration for Community Living or other authorized official, a court of competent jurisdiction, or by operation of law.

(2)

Proceedings not affected

(3)

Suits not affected

(4)

Nonabatement of actions

(5)

Administrative actions relating to promulgation of regulations

(j)

Separability

(k)

References

A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to—

(1)

the Commissioner of the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administrator of the Administration for Community Living; and

(2)

the Rehabilitation Services Administration (with regard to functions transferred under subsection (b)), shall be deemed to refer to the Administration for Community Living.

(l)

Transition

The Administrator of the Administration for Community Living is authorized to utilize—

(1)

the services of such officers, employees, and other personnel of the Rehabilitation Services Administration with regard to functions transferred under subsection (b); and

(2)

funds appropriated to such functions,

for such period of time as may reasonably be needed to facilitate the orderly implementation of this section.

(m)

Administration for Community Living

(1)

Transfer of functions

(2)

Administrative matters

(n)

National Institute on Disability, Independent Living, and Rehabilitation Research

(1)

Definitions

For purposes of this subsection, unless otherwise provided or indicated by the context—

(A)

the term “NIDILRR” means the National Institute on Disability, Independent Living, and Rehabilitation Research of the Administration for Community Living of the Department of Health and Human Services; and

(B)

the term “NIDRR” means the National Institute on Disability and Rehabilitation Research of the Office of Special Education and Rehabilitative Services of the Department of Education.

(2)

Transfer of functions

(3)

Administrative matters

(A)

In general

(B)

References

For purposes of applying those subsections under subparagraph (A), those subsections—

(i)

shall apply to the NIDRR and the Director of the NIDRR in the same manner and to the same extent as those subsections apply to the Rehabilitation Services Administration and the Commissioner of that Administration; and

(ii)

shall apply to the NIDILRR and the Director of the NIDILRR in the same manner and to the same extent as those subsections apply to the Administration for Community Living and the Administrator of that Administration.

(Pub. L. 113–128, title IV, § 491, July 22, 2014, 128 Stat. 1695.)

cite as: 42 USC 3515e