US (United States) Code. Title 29. Chapter 16: Vocational rehabilitation and other

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor

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29 USC CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER

REHABILITATION SERVICES 01/06/03

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TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

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CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

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GENERAL PROVISIONS

Sec.

701. Findings; purpose; policy.

(a) Findings.

(b) Purpose.

(c) Policy.

702. Rehabilitation Services Administration.

703. Advance funding.

704. Joint funding.

705. Definitions.

706. Allotment percentage.

707. Nonduplication.

708. Application of other laws.

709. Administration.

(a) Technical assistance; short-term traineeships;

special projects; dissemination of

information; monitoring and evaluations.

(b) Utilization of services and facilities;

information task forces.

(c) Rules and regulations.

(d) Regulations for implementation of order of

selection for vocational rehabilitation

services.

(e) Regulations to implement amendments.

(f) Limitation on regulations.

(g) Authorization of appropriations.

710. Reports.

(a) Annual reports required.

(b) Collection of information.

(c) Information to be included in reports.

711. Evaluation.

(a) Statement of purpose; standards; persons

eligible to conduct evaluations.

(b) Opinions of program and project participants.

(c) Data as property of United States.

(d) Information from other departments and

agencies.

(e) Longitudinal study.

(f) Information on exemplary practices.

(g) Authorization of appropriations.

712. Information clearinghouse.

(a) Establishment; information and resources for

individuals with disabilities.

(b) Information and data retrieval system.

(c) Office of Information and Resources for

Individuals with Disabilities.

(d) Authorization of appropriations.

713. Transfer of funds.

714. State administration.

715. Review of applications.

716. Carryover.

(a) In general.

(b) Non-Federal share.

717. Client assistance information.

718. Traditionally underserved populations.

(a) Findings.

(b) Outreach to minorities.

(c) Demonstration.

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

PART A - GENERAL PROVISIONS

720. Declaration of policy; authorization of

appropriations.

(a) Findings; purpose; policy.

(b) Authorization of appropriations.

(c) Consumer Price Index.

(d) Extension.

721. State plans.

(a) Plan requirements.

(b) Approval; disapproval of the State plan.

722. Eligibility and individualized plan for employment.

(a) Eligibility.

(b) Development of an individualized plan for

employment.

(c) Procedures.

(d) Policies and procedures.

723. Vocational rehabilitation services.

(a) Vocational rehabilitation services for

individuals.

(b) Vocational rehabilitation services for groups

of individuals.

724. Non-Federal share for establishment of program or

construction.

725. State Rehabilitation Council.

(a) Establishment.

(b) Composition and appointment.

(c) Functions of Council.

(d) Resources.

(e) Conflict of interest.

(f) Meetings.

(g) Compensation and expenses.

(h) Hearings and forums.

726. Evaluation standards and performance indicators.

(a) Establishment.

(b) Compliance.

(c) Withholding.

(d) Report to Congress.

727. Monitoring and review.

(a) In general.

(b) Technical assistance.

(c) Failure to comply with plan.

(d) Review.

728. Expenditure of certain amounts.

(a) Expenditure.

(b) Amounts.

728a. Training of employers with respect to Americans with

Disabilities Act of 1990.

PART B - BASIC VOCATIONAL REHABILITATION SERVICES

730. State allotments.

(a) Computation; additional amount; minimum amount;

adjustments.

(b) Unused funds; redistribution; increase in

amount.

(c) Funds for American Indian vocational

rehabilitation services.

731. Payments to States.

(a) Amount.

(b) Method of computation and payment.

732. Client assistance program.

(a) Establishment of grant program.

(b) Existence of State program as requisite to

receiving payments.

(c) Designation of agency to conduct program.

(d) Class action by designated agency prohibited.

(e) Allotment and reallotment of funds.

(f) Application by State for grant funds.

(g) Regulations; minimum requirements.

(h) Authorization of appropriations.

PART C - AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES

741. Vocational rehabilitation services grants.

(a) Governing bodies of Indian tribes; amount;

non-Federal share.

(b) Application; effective period; continuation of

programs and services; separate service

delivery systems.

(c) "Reservation" defined.

PART D - VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION

751. Data sharing.

(a) In general.

(b) Treatment of information.

SUBCHAPTER II - RESEARCH AND TRAINING

760. Declaration of purpose.

761. Authorization of appropriations.

762. National Institute on Disability and Rehabilitation

Research.

(a) Establishment; Director as principal officer.

(b) Duties of Director.

(c) Development and dissemination of models.

(d) Appointment of Director; employment of

technical and professional personnel;

consultants.

(e) Fellowships.

(f) Scientific peer review of research, training,

and demonstration projects.

(g) Use of funds.

(h) 5-year plan.

(i) Cooperation and consultation with other

agencies and departments on design of research

programs.

(j) Comprehensive and coordinated research program;

interagency cooperation; research and training

center.

(k) Grants for training.

762a. Research and demonstration projects.

(a) Multiple and interrelated service needs of

individuals with handicaps; report to

Congress.

(b) Authorization of appropriations.

(c) Study on impact of vocational rehabilitation

services; transmittal to Congress.

763. Interagency Committee.

(a) Establishment; membership; meetings.

(b) Duties.

(c) Annual report.

(d) Recommendations.

(e) Definitions.

764. Research and other covered activities.

(a) Federal grants and contracts for certain

research projects and related activities.

(b) Research grants.

(c) Site visits; grant limitations.

765. Rehabilitation Research Advisory Council.

(a) Establishment.

(b) Duties.

(c) Qualifications.

(d) Terms of appointment.

(e) Vacancies.

(f) Payment and expenses.

(g) Detail of Federal employees.

(h) Technical assistance.

(i) Termination.

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND

DEMONSTRATIONS

771. Declaration of purpose and competitive basis of grants

and contracts.

(a) Purpose.

(b) Competitive basis of grants and contracts.

772. Training.

(a) Grants and contracts for personnel training.

(b) Grants and contracts for academic degrees and

academic certificate granting training

projects.

(c) Grants to historically Black colleges and

universities.

(d) Application.

(e) Evaluation and collection of data.

(f) Grants for the training of interpreters.

(g) Technical assistance and in-service training.

(h) Provision of information.

(i) Authorization of appropriations.

773. Demonstration and training programs.

(a) Demonstration projects to increase client

choice.

(b) Special demonstration programs.

(c) Parent information and training program.

(d) Braille training programs.

(e) Authorization of appropriations.

774. Migrant and seasonal farmworkers.

(a) Grants.

(b) Authorization of appropriations.

775. Recreational programs.

(a) Grants.

(b) Authorization of appropriations.

776. Measuring of project outcomes and performance.

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

780. Establishment of National Council on Disability.

(a) Membership; purpose.

(b) Term of office.

(c) Chairperson; meetings.

(d) Quorum; vacancies.

780a. Independent status of National Council on the

Handicapped.

(1) Council as independent agency within Federal

Government.

(2) Transfer of functions to Council Chairman.

(3) Changes in statutory and other references.

781. Duties of National Council.

(a) In general.

(b) Annual reports.

(c) Report describing barriers.

782. Compensation of National Council members.

(a) Rate.

(b) Full-time officers or employees of United

States.

(c) Travel expenses.

783. Staff of National Council.

(a) Executive Director; technical and professional

employees.

(b) Temporary or intermittent services; voluntary

and uncompensated services; gifts, etc.;

contracts and agreements; official

representation and reception.

(c) Administrative support services.

(d) Investment of amounts not required for current

withdrawals.

784. Administrative powers of National Council.

(a) Bylaws and rules.

(b) Hearings.

(c) Advisory committees.

(d) Use of mails.

(e) Use of services, personnel, information, and

facilities.

785. Authorization of appropriations.

SUBCHAPTER V - RIGHTS AND ADVOCACY

790. Repealed.

791. Employment of individuals with disabilities.

(a) Interagency Committee on Employees who are

Individuals with Disabilities; establishment;

membership; co-chairmen; availability of other

Committee resources; purpose and functions.

(b) Federal agencies; affirmative action program

plans.

(c) State agencies; rehabilitated individuals,

employment.

(d) Report to Congressional committees.

(e) Federal work experience without pay;

non-Federal status.

(f) Federal agency cooperation; special

consideration for positions on President's

Committee on Employment of People With

Disabilities.

(g) Standards used in determining violation of

section.

792. Architectural and Transportation Barriers Compliance

Board.

(a) Establishment; membership; chairperson;

vice-chairperson; term of office; termination

of membership; reappointment; compensation and

travel expenses; bylaws; quorum requirements.

(b) Functions.

(c) Additional functions; transportation barriers

and housing needs; transportation and housing

plans and proposals.

(d) Electronic and information technology

accessibility training.

(e) Investigations; hearings; orders;

administrative procedure applicable; final

orders; judicial review; civil action;

intervention.

(f) Appointment of executive director,

administrative law judges, and other

personnel; provisions applicable to

administrative law judges; authority and

duties of executive director; finality of

orders of compliance.

(g) Technical, administrative, or other assistance;

appointment, compensation, and travel expenses

of advisory and technical experts and

consultants.

(h) Omitted.

(i) Grants and contracts to aid Access Board in

carrying out its functions; acceptance of

gifts, devises, and bequests of property.

(j) Authorization of appropriations.

793. Employment under Federal contracts.

(a) Amount of contracts or subcontracts; provision

for employment and advancement of qualified

individuals with disabilities; regulations.

(b) Administrative enforcement; complaints;

investigations; departmental action.

(c) Waiver by President; national interest special

circumstances for waiver of particular

agreements; waiver by Secretary of Labor of

affirmative action requirements.

(d) Standards used in determining violation of

section.

(e) Avoidance of duplicative efforts and

inconsistencies.

794. Nondiscrimination under Federal grants and programs.

(a) Promulgation of rules and regulations.

(b) "Program or activity" defined.

(c) Significant structural alterations by small

providers.

(d) Standards used in determining violation of

section.

794a. Remedies and attorney fees.

794b. Removal of architectural, transportation, or

communication barriers; technical and financial

assistance; compensation of experts or consultants;

authorization of appropriations.

794c. Interagency Disability Coordinating Council.

(a) Establishment.

(b) Duties.

(c) Report.

794d. Electronic and information technology.

(a) Requirements for Federal departments and

agencies.

(b) Technical assistance.

(c) Agency evaluations.

(d) Reports.

(e) Cooperation.

(f) Enforcement.

(g) Application to other Federal laws.

794e. Protection and advocacy of individual rights.

(a) Purpose and construction.

(b) Appropriations less than $5,500,000.

(c) Appropriations of $5,500,000 or more.

(d) Proportional reduction.

(e) Reallotment.

(f) Application.

(g) Carryover and direct payment.

(h) Limitation on disclosure requirements.

(i) Administrative cost.

(j) Delegation.

(k) Report.

(l) Authorization of appropriations.

(m) Definitions.

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

PART A - PROJECTS WITH INDUSTRY

795. Projects With Industry.

(a) Purpose; award of grants; eligibility;

agreements; evaluation; technical assistance.

(b) Requirements for payment.

(c) Amount of payments.

(d) Standards for evaluation; recommendations.

(e) Period of grant; renewal; award on competitive

basis; equitable distribution.

(f) Indicators for compliance with evaluation

standards; annual reports; onsite compliance

reviews; analysis included in reports to

Congress.

(g) Technical assistance to entities conducting or

planning projects.

(h) Definitions.

795a. Authorization of appropriations.

PART B - SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH THE

MOST SIGNIFICANT DISABILITIES

795g. Purpose.

795h. Allotments.

(a) In general.

(b) Reallotment.

795i. Availability of services.

795j. Eligibility.

795k. State plan.

(a) State plan supplements.

(b) Contents.

795l. Restriction.

795m. Savings provision.

(a) Supported employment services.

(b) Postemployment services.

795n. Authorization of appropriations.

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

PART A - INDIVIDUALS WITH SIGNIFICANT DISABILITIES

SUBPART 1 - GENERAL PROVISIONS

796. Purpose.

796a. Definitions.

796b. Eligibility for receipt of services.

796c. State plan.

(a) In general.

(b) Statewide Independent Living Council.

(c) Designation of State unit.

(d) Objectives.

(e) Independent living services.

(f) Scope and arrangements.

(g) Network.

(h) Centers.

(i) Cooperation, coordination, and working

relationships among various entities.

(j) Coordination of services.

(k) Coordination between Federal and State sources.

(l) Outreach.

(m) Requirements.

(n) Evaluation.

796d. Statewide Independent Living Council.

(a) Establishment.

(b) Composition and appointment.

(c) Duties.

(d) Hearings and forums.

(e) Plan.

(f) Compensation and expenses.

796d-1. Responsibilities of Commissioner.

(a) Approval of State plans.

(b) Indicators.

(c) Onsite compliance reviews.

(d) Reports.

SUBPART 2 - INDEPENDENT LIVING SERVICES

796e. Allotments.

(a) In general.

(b) Proportional reduction.

(c) Reallotment.

796e-1. Payments to States from allotments.

(a) Payments.

(b) Federal share.

796e-2. Authorized uses of funds.

796e-3. Authorization of appropriations.

SUBPART 3 - CENTERS FOR INDEPENDENT LIVING

796f. Program authorization.

(a) In general.

(b) Training.

(c) In general.

(d) Reallotment.

(e) Transition rules.

796f-1. Grants to centers for independent living in States in

which Federal funding exceeds State funding.

(a) Establishment.

(b) Eligible agencies.

(c) Existing eligible agencies.

(d) New centers for independent living.

(e) Order of priorities.

(f) Nonresidential agencies.

(g) Review.

796f-2. Grants to centers for independent living in States in

which State funding equals or exceeds Federal

funding.

(a) Establishment.

(b) Eligible agencies.

(c) Existing eligible agencies.

(d) New centers for independent living.

(e) Order of priorities.

(f) Nonresidential agencies.

(g) Review.

(h) Onsite compliance review.

(i) Adverse actions.

796f-3. Centers operated by State agencies.

796f-4. Standards and assurances for centers for independent

living.

(a) In general.

(b) Standards.

(c) Assurances.

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.

796k. Program of grants.

(a) In general.

(b) Contingent competitive grants.

(c) Contingent formula grants.

(d) Services generally.

(e) Independent living services.

(f) Matching funds.

(g) Certain expenditures of grants.

(h) Requirement regarding State plan.

(i) Application for grant.

(j) Amount of formula grant.

796l. Authorization of appropriations.

SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

797 to 797b. Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 762a, 780a, 2841 of this

title; title 2 sections 1302, 1311, 1371, 1434; title 3 sections

402, 411; title 5 section 8104; title 7 section 2279d; title 20

sections 107a, 107d-4, 1011, 1453, 2308, 3441, 4356, 6143; title 22

section 2102; title 26 section 51; title 38 sections 3117, 3118,

7462; title 42 sections 290dd, 1760, 1784, 3013, 3026, 3032, 3056a,

6705, 11701, 12117, 12592, 15025, 15043, 15545.

-End-

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29 USC GENERAL PROVISIONS 01/06/03

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TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

GENERAL PROVISIONS

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29 USC Sec. 701 01/06/03

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TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 701. Findings; purpose; policy

-STATUTE-

(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 increasing;

(2) individuals with disabilities constitute one of the most

disadvantaged groups in society;

(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 society;

(4) increased employment of individuals with disabilities can

be achieved through implementation of statewide workforce

investment systems under title I of the Workforce Investment Act

of 1998 [29 U.S.C. 2801 et seq.] that provide meaningful and

effective participation for individuals with disabilities in

workforce investment activities and activities carried out under

the vocational rehabilitation program established under

subchapter I of this chapter, and through the provision of

independent living services, support services, and meaningful

opportunities for employment in integrated 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, transportation,

communication, recreation, institutionalization, health services,

voting, and public services; and

(6) the goals of the Nation properly include the goal of

providing individuals with disabilities with the tools necessary

to -

(A) make informed choices and decisions; and

(B) achieve equality of opportunity, full inclusion and

integration in society, employment, independent living, and

economic and social self-sufficiency, for such individuals.

(b) Purpose

The purposes of this chapter are -

(1) to empower individuals with disabilities to maximize

employment, economic self-sufficiency, independence, and

inclusion and integration into society, through -

(A) statewide workforce investment systems implemented in

accordance with title I of the Workforce Investment Act of 1998

[29 U.S.C. 2801 et seq.] that include, as integral components,

comprehensive and coordinated state-of-the-art programs of

vocational rehabilitation;

(B) independent living centers and services;

(C) research;

(D) training;

(E) demonstration projects; and

(F) the guarantee of equal opportunity; and

(2) to ensure that the Federal Government plays a leadership

role in promoting the employment of individuals with

disabilities, especially individuals with significant

disabilities, and in assisting States and providers of services

in fulfilling the aspirations of such individuals with

disabilities for meaningful and gainful employment and

independent living.

(c) Policy

It is the policy of the United States that all programs,

projects, and activities receiving assistance 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 formats), of the individuals;

(3) inclusion, integration, and full participation of the

individuals;

(4) support for the involvement of an individual's

representative if an individual with a disability requests,

desires, or needs such support; and

(5) support for individual and systemic advocacy and community

involvement.

-SOURCE-

(Pub. L. 93-112, Sec. 2, as added Pub. L. 105-220, title IV, Sec.

403, Aug. 7, 1998, 112 Stat. 1095; amended Pub. L. 105-277, div. A,

Sec. 101(f) [title VIII, Sec. 402(b)(2)], Oct. 21, 1998, 112 Stat.

2681-337, 2681-413.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsecs.

(a)(4) and (b)(1)(A), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat.

936, as amended. Title I of the Act is classified principally to

chapter 30 (Sec. 2801 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 9201 of Title 20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 701, Pub. L. 93-112, Sec. 2, Sept. 26, 1973, 87

Stat. 357; Pub. L. 95-602, title I, Sec. 122(a)(1), Nov. 6, 1978,

92 Stat. 2984; Pub. L. 99-506, title I, Sec. 101, Oct. 21, 1986,

100 Stat. 1808; Pub. L. 102-569, title I, Sec. 101, Oct. 29, 1992,

106 Stat. 4346, related to findings, purpose, and policy, prior to

repeal by Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112

Stat. 1093.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment in original to

section designation and catchline.

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-220, title IV, Sec. 401, Aug. 7, 1998, 112 Stat.

1092, provided that: "This title [see Tables for classification]

may be cited as the 'Rehabilitation Act Amendments of 1998'."

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-73, Sec. 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 provisions set out as a note under this section] may be

cited as the 'Rehabilitation Act Amendments of 1993'."

SHORT TITLE OF 1992 AMENDMENT

Section 1(a) of Pub. L. 102-569 provided 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, Sec. 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, Education] may be

cited as the 'Rehabilitation Act Amendments of 1991'."

SHORT TITLE OF 1986 AMENDMENT

Section 1(a) of Pub. L. 99-506 provided 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 Societies 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, Sec. 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, repealing 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

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 795i, and 796 to 796i of this title

and section 6000 of Title 42, The Public Health and Welfare,

amending this section, 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 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'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-230, Sec. 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 Extension of 1976'."

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-516, title I, Sec. 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,

Sec. 100, Nov. 21, 1974, 89 Stat. 2-3.

SHORT TITLE

Pub. L. 93-112, Sec. 1(a), as added by Pub. L. 105-220, title IV,

Sec. 403, Aug. 7, 1998, 112 Stat. 1093, and amended by Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 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, Sec. 601, as added by Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1210, provided that:

"This title [enacting subchapter VI of this chapter] may be cited

as the 'Employment Opportunities for Individuals With Disabilities

Act'."

Pub. L. 93-112, Sec. 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, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.

Pub. L. 93-112, title VI, Sec. 601, as added by Pub. L. 95-602,

title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2989, and amended by

Pub. L. 102-569, title I, Sec. 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, Sec. 409, Aug. 7, 1998, 112 Stat. 1210.

-EXEC-

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 exercise, 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

unexpended appropriations.

Sec. 2. The Secretary of Labor is hereby designated and empowered

to exercise, without approval, ratification, or other action of the

President, the authority of the President (1) under section 503(a)

of the Rehabilitation Act of 1973 [29 U.S.C. 793(a)] to prescribe

regulations, after consultation with the Secretary of Defense and

the Administrator of General Services, with respect to the

employment of qualified handicapped individuals 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 conformity with the

provisions of section 503(c) of the Rehabilitation Act of 1973 [29

U.S.C. 793(c)], and regulations issued by the Secretary of Labor

pursuant to section 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

entering 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 requiring 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, Sec. 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 possible to the employment rate of the general adult

population and to support the goals articulated in the findings and

purpose section of the Americans with Disabilities Act of 1990 [42

U.S.C. 12101 et seq.], it is hereby ordered 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 Veterans Affairs, Secretary of Health and Human Services,

Commissioner of Social Security, Secretary of the Treasury,

Secretary of Commerce, Secretary of Transportation, Director of the

Office of Personnel Management, Administrator of the Small Business

Administration, the Chair of the Equal Employment Opportunity

Commission, the Chairperson of the National Council on Disability,

the Chairperson of the President's Disability Employment

Partnership Board., [sic] and such other senior executive branch

officials as may be determined 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 Disability Employment

Partnership Board. [sic] shall be the Vice Chair of the Task Force.

(c) The purpose of the Task Force is to create a coordinated 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

recommend to the President, through the Chair of the Task Force, a

coordinated Federal policy to reduce employment barriers for

persons with disabilities. Policy recommendations may cover such

areas as discrimination, reasonable accommodations, inadequate

access to health care, lack of consumer-driven, long-term supports

and services, transportation, accessible and integrated housing,

telecommunications, assistive technology, community services, child

care, education, vocational rehabilitation, training services, job

retention, 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 necessary to remove barriers to work faced by

people with disabilities;

(2) develop and recommend options to address health insurance

coverage as a barrier to employment 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 mental 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, employment,

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 employment of adults with disabilities;

(6) evaluate whether Federal studies related to employment and

training can, and should, include a statistically significant

sample of adults with disabilities;

(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 employees with disabilities;

(9) consult with the President's Committee on Mental

Retardation on policies to increase the employment 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 proposals, 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

Disabilities 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 person with a

physical or mental impairment that substantially 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 Department of Labor, and the Equal

Employment Opportunity Commission shall submit to the Task Force a

review of Federal Government personnel laws, regulations, and

policies and, as appropriate, shall recommend or implement changes

necessary to improve Federal employment policy for adults with

disabilities. This review shall include personnel practices and

actions such as: hiring, promotion, benefits, retirement, workers'

compensation, retention, accessible facilities, job accommodations,

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 Responsibility 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 accordance 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

realize 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 Employment of People with Disabilities

shall work together and report to the Task Force by November 15,

1998, on their work to develop small business and entrepreneurial

opportunities for adults with disabilities and strategies for

assisting low-income adults, including those with disabilities[,]

to create small businesses and micro-enterprises. These same

agencies, in consultation with the Committee for Purchase from

People 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 [41 U.S.C. 46 et seq.] on

employment and small business opportunities for people with

disabilities.

(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 programs to see if they can be used to

create new work incentives and to remove barriers to work for

adults with disabilities.

(e) The Departments of Justice, Education, and Labor, the Equal

Employment Opportunity Commission, and the Social Security

Administration shall work together and report to the Task Force by

November 15, 1998, on their work to propose remedies to the

prevention of people with disabilities from successfully exercising

their employment rights under the Americans 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 National Council on Disability, and the President's Committee

on Employment of People with Disabilities shall design and

implement a statistically reliable and accurate 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

frequent 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 policies to ensure that they are being

conducted and delivered in a manner that facilitates and promotes

the employment 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 rehabilitation, 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

opportunity for young people with disabilities; (3) promote the

views of young people with disabilities through collaboration with

the Youth Councils authorized under the Workforce Investment Act of

1998 [Pub. L. 105-220, see Short Title note set out under section

9201 of Title 20, Education]; (4) increase 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 education and

training programs; and (6) create a nationally representative Youth

Advisory Council, to be funded and chaired by the Department of

Labor, to advise the Task Force in conducting these and other

appropriate activities.

Sec. 3. Cooperation. All efforts taken by executive departments

and agencies under sections 1 and 2 of this order shall, as

appropriate, further partnerships and cooperation with public and

private sector employers, organizations that represent people with

disabilities, organized labor, veteran service organizations, and

State and local governments whenever such partnerships and

cooperation are possible and would promote the employment and

gainful economic activities of individuals with disabilities.

Sec. 4. Judicial Review. This order does not create any right or

benefit, substantive or procedural, enforceable 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 (5 U.S.C. App.), and in order to

promote the employment of people with disabilities, it is hereby

ordered as follows:

Section 1. Establishment and Composition of the Board. (a) There

is hereby established the President's Disability 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 individuals who are representatives of

business (including small business), labor organizations, State or

local government, disabled veterans, people with disabilities,

organizations serving people with disabilities, and researchers 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 disabilities 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 activities that promote the formation of

public-private partnerships, the use of economic incentives, the

provision of technical assistance regarding entrepreneurship, and

other actions that may enhance employment opportunities for people

with disabilities.

(b) In carrying out paragraph (a) of this section, the Board

shall:

(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 people with disabilities and improve their

access to financial institutions and commercial and business

enterprises;

(ii) identify strategies that may be used by employers, labor

unions, national and international organizations, and Federal,

State, and local officials to increase employment opportunities

for people with disabilities; and

(iii) coordinate with the Office of Disability Employment

Policy in the Department of Labor in promoting the collaborative

use of public and private resources to assist people with

disabilities in forming and expanding small business concerns and

in enhancing their access to Federal procurement and other

relevant business opportunities. Public resources include those

of the Department of Labor, the Small Business Administration,

the Department of Commerce, the Department of Education, the

Department of Defense, the Department of Treasury, the Department

of Veterans Affairs, the Federal Communications Commission, and

of executive departments and agency offices responsible for

small, disadvantaged 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 activities, 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 designated by the Chairperson.

The Chairperson shall call at least two meetings per calendar year.

The Chairperson 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 activities of the Board as

are not inconsistent with law or with the provisions of this order.

(c) Members of the Board shall serve without compensation but

shall be allowed travel expenses, including 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 amended,

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 Employment of People with Disabilities, is

hereby revoked. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 725 of this title.

-End-

-CITE-

29 USC Sec. 702 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 702. Rehabilitation Services Administration

-STATUTE-

(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.

-SOURCE-

(Pub. L. 93-112, Sec. 3, as added Pub. L. 105-220, title IV, Sec.

403, Aug. 7, 1998, 112 Stat. 1096.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 762 of this title.

-End-

-CITE-

29 USC Sec. 703 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 703. Advance funding

-STATUTE-

(a) For the purpose of affording adequate notice of funding

available under this chapter, appropriations under this chapter are

authorized to be included in the appropriation Act for the fiscal

year preceding the fiscal year for which they are available for

obligation.

(b) In order to effect a transition to the advance funding method

of timing appropriation action, the authority provided by

subsection (a) of this section shall apply notwithstanding that its

initial application will result in the enactment in the same year

(whether in the same appropriation Act or otherwise) of two

separate appropriations, one for the then current fiscal year and

one for the succeeding fiscal year.

-SOURCE-

(Pub. L. 93-112, Sec. 4, as added Pub. L. 105-220, title IV, Sec.

403, Aug. 7, 1998, 112 Stat. 1097.)

-MISC1-

PRIOR PROVISIONS

A prior section 703, Pub. L. 93-112, Sec. 4, Sept. 26, 1973, 87

Stat. 358, related to advance funding, prior to repeal by Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.

-End-

-CITE-

29 USC Sec. 704 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 704. Joint funding

-STATUTE-

Pursuant to regulations prescribed by the President, and to the

extent consistent with the other provisions of this chapter, where

funds are provided for a single project by more than one Federal

agency to an agency or organization assisted under this chapter,

the Federal agency principally involved may be designated to act

for all in administering the funds provided, and, in such cases, a

single non-Federal share requirement may be established according

to the proportion of funds advanced by each agency. When the

principal agency involved is the Rehabilitation Services

Administration, it may waive any grant or contract requirement (as

defined by such regulations) under or pursuant to any law other

than this chapter, which requirement is inconsistent with the

similar requirements of the administering agency under or pursuant

to this chapter.

-SOURCE-

(Pub. L. 93-112, Sec. 5, as added Pub. L. 105-220, title IV, Sec.

403, Aug. 7, 1998, 112 Stat. 1097.)

-MISC1-

PRIOR PROVISIONS

A prior section 704, Pub. L. 93-112, Sec. 5, Sept. 26, 1973, 87

Stat. 359, related to joint funding, prior to repeal by Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of the President under this section delegated to

Director of Office of Management and Budget by section 1 of Ex.

Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040, set out as a note

under section 7103 of Title 31, Money and Finance.

-End-

-CITE-

29 USC Sec. 705 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 705. Definitions

-STATUTE-

For the purposes of this chapter:

(1) Administrative costs

The term "administrative costs" means expenditures incurred in

the performance of administrative functions under the vocational

rehabilitation program carried out under subchapter I of this

chapter, including expenses related to program planning,

development, monitoring, and evaluation, including expenses for -

(A) quality assurance;

(B) budgeting, accounting, financial management, information

systems, and related data processing;

(C) providing information about the program to the public;

(D) technical assistance and support services to other State

agencies, private nonprofit organizations, and businesses and

industries, except for technical assistance and support

services described in section 723(b)(5) of this title;

(E) the State Rehabilitation Council and other advisory

committees;

(F) professional organization membership dues for designated

State unit employees;

(G) the removal of architectural barriers in State vocational

rehabilitation agency offices and State operated rehabilitation

facilities;

(H) operating and maintaining designated State unit

facilities, equipment, and grounds;

(I) supplies;

(J) administration of the comprehensive system of personnel

development described in section 721(a)(7) of this title,

including personnel administration, administration of

affirmative action plans, and training and staff development;

(K) administrative salaries, including clerical and other

support staff salaries, in support of these administrative

functions;

(L) travel costs related to carrying out the program, other

than travel costs related to the provision of services;

(M) costs incurred in conducting reviews of rehabilitation

counselor or coordinator determinations under section 722(c) of

this title; and

(N) legal expenses required in the administration of the

program.

(2) Assessment for determining eligibility and vocational

rehabilitation needs

The term "assessment for determining eligibility and vocational

rehabilitation needs" means, as appropriate in each case -

(A)(i) a review of existing data -

(I) to determine whether an individual is eligible for

vocational rehabilitation services; and

(II) to assign priority for an order of selection described

in section 721(a)(5)(A) of this title in the States that use

an order of selection pursuant to section 721(a)(5)(A) of

this title; and

(ii) to the extent necessary, the provision of appropriate

assessment activities to obtain necessary additional data to

make such determination and assignment;

(B) to the extent additional data is necessary to make a

determination of the employment outcomes, and the nature and

scope of vocational rehabilitation services, to be included in

the individualized plan for employment of an eligible

individual, a comprehensive assessment to determine the unique

strengths, resources, priorities, concerns, abilities,

capabilities, interests, and informed choice, including the

need for supported employment, of the eligible individual,

which comprehensive assessment -

(i) is limited to information that is necessary to identify

the rehabilitation needs of the individual and to develop the

individualized plan for employment of the eligible

individual;

(ii) uses, as a primary source of such information, to the

maximum extent possible and appropriate and in accordance

with confidentiality requirements -

(I) existing information obtained for the purposes of

determining the eligibility of the individual and assigning

priority for an order of selection described in section

721(a)(5)(A) of this title for the individual; and

(II) such information as can be provided by the

individual and, where appropriate, by the family of the

individual;

(iii) may include, to the degree needed to make such a

determination, an assessment of the personality, interests,

interpersonal skills, intelligence and related functional

capacities, educational achievements, work experience,

vocational aptitudes, personal and social adjustments, and

employment opportunities of the individual, and the medical,

psychiatric, psychological, and other pertinent vocational,

educational, cultural, social, recreational, and

environmental factors, that affect the employment and

rehabilitation needs of the individual; and

(iv) may include, to the degree needed, an appraisal of the

patterns of work behavior of the individual and services

needed for the individual to acquire occupational skills, and

to develop work attitudes, work habits, work tolerance, and

social and behavior patterns necessary for successful job

performance, including the utilization of work in real job

situations to assess and develop the capacities of the

individual to perform adequately in a work environment;

(C) referral, for the provision of rehabilitation technology

services to the individual, to assess and develop the

capacities of the individual to perform in a work environment;

and

(D) an exploration of the individual's abilities,

capabilities, and capacity to perform in work situations, which

shall be assessed periodically during trial work experiences,

including experiences in which the individual is provided

appropriate supports and training.

(3) Assistive technology device

The term "assistive technology device" has the meaning given

such term in section 3002 of this title, except that the

reference in such section to the term "individuals with

disabilities" shall be deemed to mean more than one individual

with a disability as defined in paragraph (20)(A).

(4) Assistive technology service

The term "assistive technology service" has the meaning given

such term in section 3002 of this title, except that the

reference in such section -

(A) to the term "individual with a disability" shall be

deemed to mean an individual with a disability, as defined in

paragraph (20)(A); and

(B) to the term "individuals with disabilities" shall be

deemed to mean more than one such individual.

(5) Community rehabilitation program

The term "community rehabilitation program" means a program

that provides directly or facilitates the provision of vocational

rehabilitation services to individuals with disabilities, and

that provides, singly or in combination, for an individual with a

disability to enable the individual to maximize opportunities for

employment, including career advancement -

(A) medical, psychiatric, psychological, social, and

vocational services that are provided under one management;

(B) testing, fitting, or training in the use of prosthetic

and orthotic devices;

(C) recreational therapy;

(D) physical and occupational therapy;

(E) speech, language, and hearing therapy;

(F) psychiatric, psychological, and social services,

including positive behavior management;

(G) assessment for determining eligibility and vocational

rehabilitation needs;

(H) rehabilitation technology;

(I) job development, placement, and retention services;

(J) evaluation or control of specific disabilities;

(K) orientation and mobility services for individuals who are

blind;

(L) extended employment;

(M) psychosocial rehabilitation services;

(N) supported employment services and extended services;

(O) services to family members when necessary to the

vocational rehabilitation of the individual;

(P) personal assistance services; or

(Q) services similar to the services described in one of

subparagraphs (A) through (P).

(6) Construction; cost of construction

(A) Construction

The term "construction" means -

(i) the construction of new buildings;

(ii) the acquisition, expansion, remodeling, alteration,

and renovation of existing buildings; and

(iii) initial equipment of buildings described in clauses

(i) and (ii).

(B) Cost of construction

The term "cost of construction" includes architects' fees and

the cost of acquisition of land in connection with construction

but does not include the cost of offsite improvements.

(7) Repealed. Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,

Sec. 402(c)(1)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-415

(8) Designated State agency; designated State unit

(A) Designated State agency

The term "designated State agency" means an agency designated

under section 721(a)(2)(A) of this title.

(B) Designated State unit

The term "designated State unit" means -

(i) any State agency unit required under section

721(a)(2)(B)(ii) of this title; or

(ii) in cases in which no such unit is so required, the

State agency described in section 721(a)(2)(B)(i) of this

title.

(9) Disability

The term "disability" means -

(A) except as otherwise provided in subparagraph (B), a

physical or mental impairment that constitutes or results in a

substantial impediment to employment; or

(B) for purposes of sections 701, 711, and 712 of this title,

and subchapters II, IV, V, and VII of this chapter, a physical

or mental impairment that substantially limits one or more

major life activities.

(10) Drug and illegal use of drugs

(A) Drug

The term "drug" means a controlled substance, as defined in

schedules I through V of section 202 of the Controlled

Substances Act (21 U.S.C. 812).

(B) Illegal use of drugs

The term "illegal use of drugs" means the use of drugs, the

possession or distribution of which is unlawful under the

Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term

does not include the use of a drug taken under supervision by a

licensed health care professional, or other uses authorized by

the Controlled Substances Act or other provisions of Federal

law.

(11) Employment outcome

The term "employment outcome" means, with respect to an

individual -

(A) entering or retaining full-time or, if appropriate,

part-time competitive employment in the integrated labor

market;

(B) satisfying the vocational outcome of supported

employment; or

(C) satisfying any other vocational outcome the Secretary may

determine to be appropriate (including satisfying the

vocational outcome of self-employment, telecommuting, or

business ownership),

in a manner consistent with this chapter.

(12) Establishment of a community rehabilitation program

The term "establishment of a community rehabilitation program"

includes the acquisition, expansion, remodeling, or alteration of

existing buildings necessary to adapt them to community

rehabilitation program purposes or to increase their

effectiveness for such purposes (subject, however, to such

limitations as the Secretary may determine, in accordance with

regulations the Secretary shall prescribe, in order to prevent

impairment of the objectives of, or duplication of, other Federal

laws providing Federal assistance in the construction of

facilities for community rehabilitation programs), and may

include such additional equipment and staffing as the

Commissioner considers appropriate.

(13) Extended services

The term "extended services" means ongoing support services and

other appropriate services, needed to support and maintain an

individual with a most significant disability in supported

employment, that -

(A) are provided singly or in combination and are organized

and made available in such a way as to assist an eligible

individual in maintaining supported employment;

(B) are based on a determination of the needs of an eligible

individual, as specified in an individualized plan for

employment; and

(C) are provided by a State agency, a nonprofit private

organization, employer, or any other appropriate resource,

after an individual has made the transition from support

provided by the designated State unit.

(14) Federal share

(A) In general

Subject to subparagraph (B), the term "Federal share" means

78.7 percent.

(B) Exception

The term "Federal share" means the share specifically set

forth in section 731(a)(3) of this title, except that with

respect to payments pursuant to part B of subchapter I of this

chapter to any State that are used to meet the costs of

construction of those rehabilitation facilities identified in

section 723(b)(2) of this title in such State, the Federal

share shall be the percentages determined in accordance with

the provisions of section 731(a)(3) of this title applicable

with respect to the State.

(C) Relationship to expenditures by a political subdivision

For the purpose of determining the non-Federal share with

respect to a State, expenditures by a political subdivision

thereof or by a local agency shall be regarded as expenditures

by such State, subject to such limitations and conditions as

the Secretary shall by regulation prescribe.

(15) Governor

The term "Governor" means a chief executive officer of a State.

(16) Impartial hearing officer

(A) In general

The term "impartial hearing officer" means an individual -

(i) who is not an employee of a public agency (other than

an administrative law judge, hearing examiner, or employee of

an institution of higher education);

(ii) who is not a member of the State Rehabilitation

Council described in section 725 of this title;

(iii) who has not been involved previously in the

vocational rehabilitation of the applicant or eligible

individual;

(iv) who has knowledge of the delivery of vocational

rehabilitation services, the State plan under section 721 of

this title, and the Federal and State rules governing the

provision of such services and training with respect to the

performance of official duties; and

(v) who has no personal or financial interest that would be

in conflict with the objectivity of the individual.

(B) Construction

An individual shall not be considered to be an employee of a

public agency for purposes of subparagraph (A)(i) solely

because the individual is paid by the agency to serve as a

hearing officer.

(17) Independent living core services

The term "independent living core services" means -

(A) information and referral services;

(B) independent living skills training;

(C) peer counseling (including cross-disability peer

counseling); and

(D) individual and systems advocacy.

(18) Independent living services

The term "independent living services" includes -

(A) independent living core services; and

(B)(i) counseling services, including psychological,

psychotherapeutic, and related services;

(ii) services related to securing housing or shelter,

including services related to community group living, and

supportive of the purposes of this chapter and of the

subchapters of this chapter, and adaptive housing services

(including appropriate accommodations to and modifications of

any space used to serve, or occupied by, individuals with

disabilities);

(iii) rehabilitation technology;

(iv) mobility training;

(v) services and training for individuals with cognitive and

sensory disabilities, including life skills training, and

interpreter and reader services;

(vi) personal assistance services, including attendant care

and the training of personnel providing such services;

(vii) surveys, directories, and other activities to identify

appropriate housing, recreation opportunities, and accessible

transportation, and other support services;

(viii) consumer information programs on rehabilitation and

independent living services available under this chapter,

especially for minorities and other individuals with

disabilities who have traditionally been unserved or

underserved by programs under this chapter;

(ix) education and training necessary for living in a

community and participating in community activities;

(x) supported living;

(xi) transportation, including referral and assistance for

such transportation and training in the use of public

transportation vehicles and systems;

(xii) physical rehabilitation;

(xiii) therapeutic treatment;

(xiv) provision of needed prostheses and other appliances and

devices;

(xv) individual and group social and recreational services;

(xvi) training to develop skills specifically designed for

youths who are individuals with disabilities to promote

self-awareness and esteem, develop advocacy and

self-empowerment skills, and explore career options;

(xvii) services for children;

(xviii) services under other Federal, State, or local

programs designed to provide resources, training, counseling,

or other assistance, of substantial benefit in enhancing the

independence, productivity, and quality of life of individuals

with disabilities;

(xix) appropriate preventive services to decrease the need of

individuals assisted under this chapter for similar services in

the future;

(xx) community awareness programs to enhance the

understanding and integration into society of individuals with

disabilities; and

(xxi) such other services as may be necessary and not

inconsistent with the provisions of this chapter.

(19) Indian; American Indian; Indian American; Indian tribe

(A) In general

The terms "Indian", "American Indian", and "Indian American"

mean an individual who is a member of an Indian tribe.

(B) Indian tribe

The term "Indian tribe" means any Federal or State Indian

tribe, band, rancheria, pueblo, colony, or community, including

any Alaskan native village or regional village corporation (as

defined in or established pursuant to the Alaska Native Claims

Settlement Act [43 U.S.C. 1601 et seq.]).

(20) Individual with a disability

(A) In general

Except as otherwise provided in subparagraph (B), the term

"individual with a disability" means any individual who -

(i) has a physical or mental impairment which for such

individual constitutes or results in a substantial impediment

to employment; and

(ii) can benefit in terms of an employment outcome from

vocational rehabilitation services provided pursuant to

subchapter I, III, or VI of this chapter.

(B) Certain programs; limitations on major life activities

Subject to subparagraphs (C), (D), (E), and (F), the term

"individual with a disability" means, for purposes of sections

701, 711, and 712 of this title, and subchapters II, IV, V, and

VII of this chapter, any person who -

(i) has a physical or mental impairment which substantially

limits one or more of such person's major life activities;

(ii) has a record of such an impairment; or

(iii) is regarded as having such an impairment.

(C) Rights and advocacy provisions

(i) In general; exclusion of individuals engaging in drug use

For purposes of subchapter V of this chapter, the term

"individual with a disability" does not include an individual

who is currently engaging in the illegal use of drugs, when a

covered entity acts on the basis of such use.

(ii) Exception for individuals no longer engaging in drug use

Nothing in clause (i) shall be construed to exclude as an

individual with a disability an individual who -

(I) has successfully completed a supervised drug

rehabilitation program and is no longer engaging in the

illegal use of drugs, or has otherwise been rehabilitated

successfully and is no longer engaging in such use;

(II) is participating in a supervised rehabilitation

program and is no longer engaging in such use; or

(III) is erroneously regarded as engaging in such use,

but is not engaging in such use;

except that it shall not be a violation of this chapter for a

covered entity to adopt or administer reasonable policies or

procedures, including but not limited to drug testing,

designed to ensure that an individual described in subclause

(I) or (II) is no longer engaging in the illegal use of

drugs.

(iii) Exclusion for certain services

Notwithstanding clause (i), for purposes of programs and

activities providing health services and services provided

under subchapters I, II, and III of this chapter, an

individual shall not be excluded from the benefits of such

programs or activities on the basis of his or her current

illegal use of drugs if he or she is otherwise entitled to

such services.

(iv) Disciplinary action

For purposes of programs and activities providing

educational services, local educational agencies may take

disciplinary action pertaining to the use or possession of

illegal drugs or alcohol against any student who is an

individual with a disability and who currently is engaging in

the illegal use of drugs or in the use of alcohol to the same

extent that such disciplinary action is taken against

students who are not individuals with disabilities.

Furthermore, the due process procedures at section 104.36 of

title 34, Code of Federal Regulations (or any corresponding

similar regulation or ruling) shall not apply to such

disciplinary actions.

(v) Employment; exclusion of alcoholics

For purposes of sections 793 and 794 of this title as such

sections relate to employment, the term "individual with a

disability" does not include any individual who is an

alcoholic whose current use of alcohol prevents such

individual from performing the duties of the job in question

or whose employment, by reason of such current alcohol abuse,

would constitute a direct threat to property or the safety of

others.

(D) Employment; exclusion of individuals with certain diseases

or infections

For the purposes of sections 793 and 794 of this title, as

such sections relate to employment, such term does not include

an individual who has a currently contagious disease or

infection and who, by reason of such disease or infection,

would constitute a direct threat to the health or safety of

other individuals or who, by reason of the currently contagious

disease or infection, is unable to perform the duties of the

job.

(E) Rights provisions; exclusion of individuals on basis of

homosexuality or bisexuality

For the purposes of sections 791, 793, and 794 of this title

-

(i) for purposes of the application of subparagraph (B) to

such sections, the term "impairment" does not include

homosexuality or bisexuality; and

(ii) therefore the term "individual with a disability" does

not include an individual on the basis of homosexuality or

bisexuality.

(F) Rights provisions; exclusion of individuals on basis of

certain disorders

For the purposes of sections 791, 793, and 794 of this title,

the term "individual with a disability" does not include an

individual on the basis of -

(i) transvestism, transsexualism, pedophilia,

exhibitionism, voyeurism, gender identity disorders not

resulting from physical impairments, or other sexual behavior

disorders;

(ii) compulsive gambling, kleptomania, or pyromania; or

(iii) psychoactive substance use disorders resulting from

current illegal use of drugs.

(G) Individuals with disabilities

The term "individuals with disabilities" means more than one

individual with a disability.

(21) Individual with a significant disability

(A) In general

Except as provided in subparagraph (B) or (C), the term

"individual with a significant disability" means an individual

with a disability -

(i) who has a severe physical or mental impairment which

seriously limits one or more functional capacities (such as

mobility, communication, self-care, self-direction,

interpersonal skills, work tolerance, or work skills) in

terms of an employment outcome;

(ii) whose vocational rehabilitation can be expected to

require multiple vocational rehabilitation services over an

extended period of time; and

(iii) who has one or more physical or mental disabilities

resulting from amputation, arthritis, autism, blindness, burn

injury, cancer, cerebral palsy, cystic fibrosis, deafness,

head injury, heart disease, hemiplegia, hemophilia,

respiratory or pulmonary dysfunction, mental retardation,

mental illness, multiple sclerosis, muscular dystrophy,

musculo-skeletal disorders, neurological disorders (including

stroke and epilepsy), paraplegia, quadriplegia, and other

spinal cord conditions, sickle cell anemia, specific learning

disability, end-stage renal disease, or another disability or

combination of disabilities determined on the basis of an

assessment for determining eligibility and vocational

rehabilitation needs described in subparagraphs (A) and (B)

of paragraph (2) to cause comparable substantial functional

limitation.

(B) Independent living services and centers for independent

living

For purposes of subchapter VII of this chapter, the term

"individual with a significant disability" means an individual

with a severe physical or mental impairment whose ability to

function independently in the family or community or whose

ability to obtain, maintain, or advance in employment is

substantially limited and for whom the delivery of independent

living services will improve the ability to function, continue

functioning, or move toward functioning independently in the

family or community or to continue in employment, respectively.

(C) Research and training

For purposes of subchapter II of this chapter, the term

"individual with a significant disability" includes an

individual described in subparagraph (A) or (B).

(D) Individuals with significant disabilities

The term "individuals with significant disabilities" means

more than one individual with a significant disability.

(E) Individual with a most significant disability

(i) In general

The term "individual with a most significant disability",

used with respect to an individual in a State, means an

individual with a significant disability who meets criteria

established by the State under section 721(a)(5)(C) of this

title.

(ii) Individuals with the most significant disabilities

The term "individuals with the most significant

disabilities" means more than one individual with a most

significant disability.

(22) Individual's representative; applicant's representative

The terms "individual's representative" and "applicant's

representative" mean a parent, a family member, a guardian, an

advocate, or an authorized representative of an individual or

applicant, respectively.

(23) Institution of higher education

The term "institution of higher education" has the meaning

given the term in section 1001 of title 20.

(24) Local agency

The term "local agency" means an agency of a unit of general

local government or of an Indian tribe (or combination of such

units or tribes) which has an agreement with the designated State

agency to conduct a vocational rehabilitation program under the

supervision of such State agency in accordance with the State

plan approved under section 721 of this title. Nothing in the

preceding sentence of this paragraph or in section 721 of this

title shall be construed to prevent the local agency from

arranging to utilize another local public or nonprofit agency to

provide vocational rehabilitation services if such an arrangement

is made part of the agreement specified in this paragraph.

(25) Local workforce investment board

The term "local workforce investment board" means a local

workforce investment board established under section 117 of the

Workforce Investment Act of 1998 [29 U.S.C. 2832].

(26) Nonprofit

The term "nonprofit", when used with respect to a community

rehabilitation program, means a community rehabilitation program

carried out by a corporation or association, no part of the net

earnings of which inures, or may lawfully inure, to the benefit

of any private shareholder or individual and the income of which

is exempt from taxation under section 501(c)(3) of title 26.

(27) Ongoing support services

The term "ongoing support services" means services -

(A) provided to individuals with the most significant

disabilities;

(B) provided, at a minimum, twice monthly -

(i) to make an assessment, regarding the employment

situation, at the worksite of each such individual in

supported employment, or, under special circumstances,

especially at the request of the client, off site; and

(ii) based on the assessment, to provide for the

coordination or provision of specific intensive services, at

or away from the worksite, that are needed to maintain

employment stability; and

(C) consisting of -

(i) a particularized assessment supplementary to the

comprehensive assessment described in paragraph (2)(B);

(ii) the provision of skilled job trainers who accompany

the individual for intensive job skill training at the

worksite;

(iii) job development, job retention, and placement

services;

(iv) social skills training;

(v) regular observation or supervision of the individual;

(vi) followup services such as regular contact with the

employers, the individuals, the individuals' representatives,

and other appropriate individuals, in order to reinforce and

stabilize the job placement;

(vii) facilitation of natural supports at the worksite;

(viii) any other service identified in section 723 of this

title; or

(ix) a service similar to another service described in this

subparagraph.

(28) Personal assistance services

The term "personal assistance services" means a range of

services, provided by one or more persons, designed to assist an

individual with a disability to perform daily living activities

on or off the job that the individual would typically perform if

the individual did not have a disability. Such services shall be

designed to increase the individual's control in life and ability

to perform everyday activities on or off the job.

(29) Public or nonprofit

The term "public or nonprofit", used with respect to an agency

or organization, includes an Indian tribe.

(30) Rehabilitation technology

The term "rehabilitation technology" means the systematic

application of technologies, engineering methodologies, or

scientific principles to meet the needs of and address the

barriers confronted by individuals with disabilities in areas

which include education, rehabilitation, employment,

transportation, independent living, and recreation. The term

includes rehabilitation engineering, assistive technology

devices, and assistive technology services.

(31) Secretary

The term "Secretary", except when the context otherwise

requires, means the Secretary of Education.

(32) State

The term "State" includes, in addition to each of the several

States of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands,

Guam, American Samoa, and the Commonwealth of the Northern

Mariana Islands.

(33) State workforce investment board

The term "State workforce investment board" means a State

workforce investment board established under section 111 of the

Workforce Investment Act of 1998 [29 U.S.C. 2821].

(34) Statewide workforce investment system

The term "statewide workforce investment system" means a system

described in section 111(d)(2) of the Workforce Investment Act of

1998 [29 U.S.C. 2821(d)(2)].

(35) Supported employment

(A) In general

The term "supported employment" means competitive work in

integrated work settings, or employment in integrated work

settings in which individuals are working toward competitive

work, consistent with the strengths, resources, priorities,

concerns, abilities, capabilities, interests, and informed

choice of the individuals, for individuals with the most

significant disabilities -

(i)(I) for whom competitive employment has not

traditionally occurred; or

(II) for whom competitive employment has been interrupted

or intermittent as a result of a significant disability; and

(ii) who, because of the nature and severity of their

disability, need intensive supported employment services for

the period, and any extension, described in paragraph (36)(C)

and extended services after the transition described in

paragraph (13)(C) in order to perform such work.

(B) Certain transitional employment

Such term includes transitional employment for persons who

are individuals with the most significant disabilities due to

mental illness.

(36) Supported employment services

The term "supported employment services" means ongoing support

services and other appropriate services needed to support and

maintain an individual with a most significant disability in

supported employment, that -

(A) are provided singly or in combination and are organized

and made available in such a way as to assist an eligible

individual to achieve competitive employment;

(B) are based on a determination of the needs of an eligible

individual, as specified in an individualized plan for

employment; and

(C) are provided by the designated State unit for a period of

time not to extend beyond 18 months, unless under special

circumstances the eligible individual and the rehabilitation

counselor or coordinator involved jointly agree to extend the

time in order to achieve the employment outcome identified in

the individualized plan for employment.

(37) Transition services

The term "transition services" means a coordinated set of

activities for a student, designed within an outcome-oriented

process, that promotes movement from school to post school

activities, including postsecondary education, vocational

training, integrated employment (including supported employment),

continuing and adult education, adult services, independent

living, or community participation. The coordinated set of

activities shall be based upon the individual student's needs,

taking into account the student's preferences and interests, and

shall include instruction, community experiences, the development

of employment and other post school adult living objectives, and,

when appropriate, acquisition of daily living skills and

functional vocational evaluation.

(38) Vocational rehabilitation services

The term "vocational rehabilitation services" means those

services identified in section 723 of this title which are

provided to individuals with disabilities under this chapter.

(39) Workforce investment activities

The term "workforce investment activities" means workforce

investment activities, as defined in section 101 of the Workforce

Investment Act of 1998 [29 U.S.C. 2801], that are carried out

under that Act.

-SOURCE-

(Pub. L. 93-112, Sec. 7, formerly Sec. 6, as added Pub. L. 105-220,

title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1097; amended Pub. L.

105-244, title I, Sec. 102(a)(9)(A), Oct. 7, 1998, 112 Stat. 1619;

renumbered Sec. 7 and amended Pub. L. 105-277, div. A, Sec. 101(f)

[title VIII, Sec. 402(a)(1), (b)(3), (c)(1)], Oct. 21, 1998, 112

Stat. 2681-337, 2681-412, 2681-413, 2681-415; Pub. L. 105-394,

title IV, Sec. 402(a), Nov. 13, 1998, 112 Stat. 3661.)

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in par. (10)(B), is

title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 21 and Tables.

The Alaska Native Claims Settlement Act, referred to in par.

(19)(B), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

The Workforce Investment Act of 1998, referred to in par. (39),

is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. For

complete classification of this Act to the Code, see Short Title

note set out under section 9201 of Title 20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 706

of this title prior to repeal by Pub. L. 105-220.

A prior section 705, Pub. L. 93-112, Sec. 6, Sept. 26, 1973, 87

Stat. 359; Pub. L. 99-506, title X, Sec. 1001(a)(2), Oct. 21, 1986,

100 Stat. 1841; Pub. L. 100-630, title II, Sec. 201(b), Nov. 7,

1988, 102 Stat. 3303; Pub. L. 102-569, title I, Sec. 128(b)(1),

Oct. 29, 1992, 106 Stat. 4388, related to consolidated

rehabilitation plan, prior to repeal by Pub. L. 105-220, title IV,

Sec. 403, Aug. 7, 1998, 112 Stat. 1093.

A prior section 7 of Pub. L. 93-112 was renumbered section 8 and

is classified to section 706 of this title.

Another prior section 7 of Pub. L. 93-112 was classified to

section 706 of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(3)],

made technical amendment to section designation and catchline in

the original and inserted par. (1) heading.

Par. (2)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

402(c)(1)(A)], substituted "nature" for "objectives, nature,".

Par. (3). Pub. L. 105-394, Sec. 402(a)(1), which directed the

amendment of section 6 of the Rehabilitation Act of 1973 by

substituting "3002" for "2202(2)", was executed to this section,

which is section 7 of that act, to reflect the probable intent of

Congress and the renumbering of section 6 as 7 by Pub. L. 105-277,

Sec. 101(f) [title VIII, Sec. 402(a)(1)].

Par. (4). Pub. L. 105-394, Sec. 402(a)(2), which directed the

amendment of section 6 of the Rehabilitation Act of 1973 by

substituting "3002" for "2202(3)", was executed to this section,

which is section 7 of that act, to reflect the probable intent of

Congress and the renumbering of section 6 as 7 by Pub. L. 105-277,

Sec. 101(f) [title VIII, Sec. 402(a)(1)].

Par. (7). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

402(c)(1)(B)], struck out heading and text of par. (7). Text read

as follows: "The term 'criminal act' means any crime, including an

act, omission, or possession under the laws of the United States or

a State or unit of general local government, which poses a

substantial threat of personal injury, notwithstanding that by

reason of age, insanity, or intoxication or otherwise the person

engaging in the act, omission, or possession was legally incapable

of committing a crime."

Par. (16)(A)(iii). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

402(c)(1)(C)], substituted "eligible individual" for "client".

Par. (23). Pub. L. 105-244 substituted "section 1001 of title 20"

for "section 1141(a) of title 20".

Par. (36)(C). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

402(c)(1)(D)], substituted "employment outcome" for "rehabilitation

objectives".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 722, 725, 773, 794, 795j,

796b, 796d, 3011 of this title; title 42 sections 5061, 12511.

-End-

-CITE-

29 USC Sec. 706 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 706. Allotment percentage

-STATUTE-

(a)(1) For purposes of section 730 of this title, the allotment

percentage for any State shall be 100 per centum less that

percentage which bears the same ratio to 50 per centum as the per

capita income of such State bears to the per capita income of the

United States, except that -

(A) the allotment percentage shall in no case be more than 75

per centum or less than 33 1/3 per centum; and

(B) the allotment percentage for the District of Columbia,

Puerto Rico, Guam, the Virgin Islands, American Samoa, and the

Commonwealth of the Northern Mariana Islands shall be 75 per

centum.

(2) The allotment percentages shall be promulgated by the

Secretary between October 1 and December 31 of each even-numbered

year, on the basis of the average of the per capita incomes of the

States and of the United States for the three most recent

consecutive years for which satisfactory data are available from

the Department of Commerce. Such promulgation shall be conclusive

for each of the 2 fiscal years in the period beginning on the

October 1 next succeeding such promulgation.

(3) The term "United States" means (but only for purposes of this

subsection) the 50 States and the District of Columbia.

(b) The population of the several States and of the United States

shall be determined on the basis of the most recent data available,

to be furnished by the Department of Commerce by October 1 of the

year preceding the fiscal year for which funds are appropriated

pursuant to statutory authorizations.

-SOURCE-

(Pub. L. 93-112, Sec. 8, formerly Sec. 7, as added Pub. L. 105-220,

title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1110; renumbered Sec.

8, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.

402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 707

of this title prior to repeal by Pub. L. 105-220.

A prior section 706, Pub. L. 93-112, Sec. 7, Sept. 26, 1973, 87

Stat. 359; Pub. L. 93-516, title I, Sec. 111(a), Dec. 7, 1974, 88

Stat. 1619; Pub. L. 93-651, title I, Sec. 111(a), Nov. 21, 1974, 89

Stat. 2-5; Pub. L. 95-602, title I, Sec. 122(a)(4)-(8), Nov. 6,

1978, 92 Stat. 2984, 2985; Pub. L. 98-221, title I, Sec. 101, Feb.

22, 1984, 98 Stat. 17; Pub. L. 99-506, title I, Sec. 103(a), (b),

(c)(1), (d)(1), (2)(A), (C), (e)-(h)(1), (i), (j), title X, Secs.

1001(a)(3), 1002(a), Oct. 21, 1986, 100 Stat. 1809-1811, 1841,

1844; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.

L. 100-259, Sec. 9, Mar. 22, 1988, 102 Stat. 31; Pub. L. 100-630,

title II, Sec. 201(c), Nov. 7, 1988, 102 Stat. 3303; Pub. L.

101-336, title V, Sec. 512, July 26, 1990, 104 Stat. 376; Pub. L.

102-569, title I, Sec. 102(a)-(n), (p)(3), Oct. 29, 1992, 106 Stat.

4347-4350, 4356; Pub. L. 103-73, title I, Secs. 102(1), 103, Aug.

11, 1993, 107 Stat. 718; Pub. L. 103-218, title IV, Sec. 404, Mar.

9, 1994, 108 Stat. 97, defined terms for purposes of this chapter,

prior to repeal by Pub. L. 105-220, title IV, Sec. 403, Aug. 7,

1998, 112 Stat. 1093. See section 705 of this title.

A prior section 8 of Pub. L. 93-112 was renumbered section 10 and

is classified to section 707 of this title.

Another prior section 8 of Pub. L. 93-112 was classified to

section 707 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 707 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 707. Nonduplication

-STATUTE-

In determining the amount of any State's Federal share of

expenditures for planning, administration, and services incurred by

it under a State plan approved in accordance with section 721 of

this title, there shall be disregarded -

(1) any portion of such expenditures which are financed by

Federal funds provided under any other provision of law; and

(2) the amount of any non-Federal funds required to be expended

as a condition of receipt of such Federal funds.

No payment may be made from funds provided under one provision of

this chapter relating to any cost with respect to which any payment

is made under any other provision of this chapter, except that this

section shall not be construed to limit or reduce fees for services

rendered by community rehabilitation programs.

-SOURCE-

(Pub. L. 93-112, Sec. 10, formerly Sec. 8, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1110;

renumbered Sec. 10 and amended Pub. L. 105-277, div. A, Sec. 101(f)

[title VIII, Sec. 402(a)(1), (c)(2)], Oct. 21, 1998, 112 Stat.

2681-337, 2681-412, 2681-415.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 709

of this title prior to repeal by Pub. L. 105-220.

A prior section 707, Pub. L. 93-112, Sec. 8, Sept. 26, 1973, 87

Stat. 362; Pub. L. 94-273, Sec. 10, Apr. 21, 1976, 90 Stat. 378;

Pub. L. 102-569, title I, Sec. 103, Oct. 29, 1992, 106 Stat. 4361,

related to allotment percentage, prior to repeal by Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See

section 706 of this title.

A prior section 10 of Pub. L. 93-112 was renumbered section 12

and is classified to section 709 of this title.

Another prior section 10 of Pub. L. 93-112 was classified to

section 709 of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(c)(2)],

substituted a dash for a colon after "disregarded" and amended text

to set out cls. (1) and (2) as indented pars. and last sentence as

flush provision.

-End-

-CITE-

29 USC Sec. 708 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 708. Application of other laws

-STATUTE-

The provisions of chapter 71 of title 31 and of title V of the

Act of October 15, 1977 (Public Law 95-134) shall not apply to the

administration of the provisions of this chapter or to the

administration of any program or activity under this chapter.

-SOURCE-

(Pub. L. 93-112, Sec. 11, formerly Sec. 9, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1110;

renumbered Sec. 11, Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-412.)

-REFTEXT-

REFERENCES IN TEXT

Act of October 15, 1977, referred to in text, is Pub. L. 95-134,

Oct. 15, 1977, 91 Stat. 1159, as amended, popularly known as the

Omnibus Territories Act of 1977. Title V of the Act enacted section

4368b of Title 42, The Public Health and Welfare, and section 1469a

of Title 48, Territories and Insular Possessions. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

"Chapter 71 of title 31" substituted in text for "the Act of

December 5, 1974 (Public Law 93-510) on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 710

of this title prior to repeal by Pub. L. 105-220.

A prior section 708, Pub. L. 93-112, Sec. 9, Sept. 26, 1973, 87

Stat. 362, related to audit and examination of records, scope of

disclosure, and access to representatives, prior to repeal by Pub.

L. 103-382, title II, Sec. 272, Oct. 20, 1994, 108 Stat. 3931.

A prior section 11 of Pub. L. 93-112 was renumbered section 13

and is classified to section 710 of this title.

Another prior section 11 of Pub. L. 93-112 was classified to

section 710 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 709 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 709. Administration

-STATUTE-

(a) Technical assistance; short-term traineeships; special

projects; dissemination of information; monitoring and

evaluations

In carrying out the purposes of this chapter, the Commissioner

may -

(1) provide consultative services and technical assistance to

public or nonprofit private agencies and organizations, including

assistance to enable such agencies and organizations to

facilitate meaningful and effective participation by individuals

with disabilities in workforce investment activities;

(2) provide short-term training and technical instruction,

including training for the personnel of community rehabilitation

programs, centers for independent living, and other providers of

services (including job coaches);

(3) conduct special projects and demonstrations;

(4) collect, prepare, publish, and disseminate special

educational or informational materials, including reports of the

projects for which funds are provided under this chapter; and

(5) provide monitoring and conduct evaluations.

(b) Utilization of services and facilities; information task forces

(1) In carrying out the duties under this chapter, the

Commissioner may utilize the services and facilities of any agency

of the Federal Government and of any other public or nonprofit

agency or organization, in accordance with agreements between the

Commissioner and the head thereof, and may pay therefor, in advance

or by way of reimbursement, as may be provided in the agreement.

(2) In carrying out the provisions of this chapter, the

Commissioner shall appoint such task forces as may be necessary to

collect and disseminate information in order to improve the ability

of the Commissioner to carry out the provisions of this chapter.

(c) Rules and regulations

The Commissioner may promulgate such regulations as are

considered appropriate to carry out the Commissioner's duties under

this chapter.

(d) Regulations for implementation of order of selection for

vocational rehabilitation services

The Secretary shall promulgate regulations regarding the

requirements for the implementation of an order of selection for

vocational rehabilitation services under section 721(a)(5)(A) of

this title if such services cannot be provided to all eligible

individuals with disabilities who apply for such services.

(e) Regulations to implement amendments

Not later than 180 days after August 7, 1998, the Secretary shall

receive public comment and promulgate regulations to implement the

amendments made by the Rehabilitation Act Amendments of 1998.

(f) Limitation on regulations

In promulgating regulations to carry out this chapter, the

Secretary shall promulgate only regulations that are necessary to

administer and ensure compliance with the specific requirements of

this chapter.

(g) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary.

-SOURCE-

(Pub. L. 93-112, Sec. 12, formerly Sec. 10, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1111;

renumbered Sec. 12, Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-412.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act Amendments of 1998, referred to in subsec.

(e), is title IV of Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 1092.

For complete classification of this Act to the Code, see Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 711

of this title prior to repeal by Pub. L. 105-220.

A prior section 709, Pub. L. 93-112, Sec. 10, Sept. 26, 1973, 87

Stat. 363; Pub. L. 95-602, title I, Sec. 122(a)(9), Nov. 6, 1978,

92 Stat. 2985; Pub. L. 100-630, title II, Sec. 201(d), Nov. 7,

1988, 102 Stat. 3304; Pub. L. 102-569, title I, Sec. 104, Oct. 29,

1992, 106 Stat. 4361, related to nonduplication prohibition, prior

to repeal by Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112

Stat. 1093. See section 707 of this title.

A prior section 12 of Pub. L. 93-112 was renumbered section 14

and is classified to section 711 of this title.

Another prior section 12 of Pub. L. 93-112 was classified to

section 711 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 710 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 710. Reports

-STATUTE-

(a) Annual reports required

Not later than one hundred and eighty days after the close of

each fiscal year, the Commissioner shall prepare and submit to the

President and to the Congress a full and complete report on the

activities carried out under this chapter, including the activities

and staffing of the information clearinghouse under section 712 of

this title.

(b) Collection of information

The Commissioner shall collect information to determine whether

the purposes of this chapter are being met and to assess the

performance of programs carried out under this chapter. The

Commissioner shall take whatever action is necessary to assure that

the identity of each individual for which information is supplied

under this section is kept confidential, except as otherwise

required by law (including regulation).

(c) Information to be included in reports

In preparing the report, the Commissioner shall annually collect

and include in the report information based on the information

submitted by States in accordance with section 721(a)(10) of this

title, including information on administrative costs as required by

section 721(a)(10)(D) of this title. The Commissioner shall, to the

maximum extent appropriate, include in the report all information

that is required to be submitted in the reports described in

section 2871(d) of this title and that pertains to the employment

of individuals with disabilities.

-SOURCE-

(Pub. L. 93-112, Sec. 13, formerly Sec. 11, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1111;

renumbered Sec. 13, Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-412.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 712

of this title prior to repeal by Pub. L. 105-220.

A prior section 710, Pub. L. 93-112, Sec. 11, as added Pub. L.

95-602, title I, Sec. 121, Nov. 6, 1978, 92 Stat. 2984, related to

application of other laws, prior to repeal by Pub. L. 105-220,

title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See section 708

of this title.

A prior section 13 of Pub. L. 93-112 was renumbered section 15

and is classified to section 712 of this title.

Another prior section 13 of Pub. L. 93-112 was classified to

section 712 of this title prior to repeal by Pub. L. 105-220.

EXCHANGE OF DATA

Pub. L. 102-569, title I, Sec. 137, Oct. 29, 1992, 106 Stat.

4397, provided that: "The Secretary of Education and the Secretary

of Health and Human Services shall enter into a memorandum of

understanding for the purpose of exchanging data of mutual

importance, regarding clients of State vocational rehabilitation

agencies, that are contained in databases maintained by the

Rehabilitation Services Administration, as required under section

13 of the Rehabilitation Act of 1973 ([former] 29 U.S.C. 712), and

the Social Security Administration, from its Summary Earnings and

Records and Master Beneficiary Records. For purposes of the

exchange, the Social Security data shall not be considered tax

information and, as appropriate, the confidentiality of all client

information shall be maintained by both agencies."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 722, 726, 795, 796d-1 of

this title.

-End-

-CITE-

29 USC Sec. 711 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 711. Evaluation

-STATUTE-

(a) Statement of purpose; standards; persons eligible to conduct

evaluations

For the purpose of improving program management and

effectiveness, the Secretary, in consultation with the

Commissioner, shall evaluate all the programs authorized by this

chapter, their general effectiveness in relation to their cost,

their impact on related programs, and their structure and

mechanisms for delivery of services, using appropriate methodology

and evaluative research designs. The Secretary shall establish and

use standards for the evaluations required by this subsection. Such

an evaluation shall be conducted by a person not immediately

involved in the administration of the program evaluated.

(b) Opinions of program and project participants

In carrying out evaluations under this section, the Secretary

shall obtain the opinions of program and project participants about

the strengths and weaknesses of the programs and projects.

(c) Data as property of United States

The Secretary shall take the necessary action to assure that all

studies, evaluations, proposals, and data produced or developed

with Federal funds under this chapter shall become the property of

the United States.

(d) Information from other departments and agencies

Such information as the Secretary may determine to be necessary

for purposes of the evaluations conducted under this section shall

be made available upon request of the Secretary, by the departments

and agencies of the executive branch.

(e) Longitudinal study

(1) To assess the linkages between vocational rehabilitation

services and economic and noneconomic outcomes, the Secretary shall

continue to conduct a longitudinal study of a national sample of

applicants for the services.

(2) The study shall address factors related to attrition and

completion of the program through which the services are provided

and factors within and outside the program affecting results.

Appropriate comparisons shall be used to contrast the experiences

of similar persons who do not obtain the services.

(3) The study shall be planned to cover the period beginning on

the application of individuals with disabilities for the services,

through the eligibility determination and provision of services for

the individuals, and a further period of not less than 2 years

after the termination of services.

(f) Information on exemplary practices

(1) The Commissioner shall identify and disseminate information

on exemplary practices concerning vocational rehabilitation.

(2) To facilitate compliance with paragraph (1), the Commissioner

shall conduct studies and analyses that identify exemplary

practices concerning vocational rehabilitation, including studies

in areas relating to providing informed choice in the

rehabilitation process, promoting consumer satisfaction, promoting

job placement and retention, providing supported employment,

providing services to particular disability populations, financing

personal assistance services, providing assistive technology

devices and assistive technology services, entering into

cooperative agreements, establishing standards and certification

for community rehabilitation programs, converting from

nonintegrated to integrated employment, and providing caseload

management.

(g) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary.

-SOURCE-

(Pub. L. 93-112, Sec. 14, formerly Sec. 12, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1110;

renumbered Sec. 14, Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-412.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 713

of this title prior to repeal by Pub. L. 105-220.

A prior section 711, Pub. L. 93-112, Sec. 12, as added Pub. L.

95-602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2985;

amended Pub. L. 99-506, title I, Sec. 104, title X, Sec.

1001(a)(4), Oct. 21, 1986, 100 Stat. 1811, 1841; Pub. L. 100-630,

title II, Sec. 201(e), Nov. 7, 1988, 102 Stat. 3304; Pub. L.

102-569, title I, Sec. 105, Oct. 29, 1992, 106 Stat. 4361, related

to administration of this chapter, prior to repeal by Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See

section 709 of this title.

A prior section 14 of Pub. L. 93-112 was renumbered section 16

and is classified to section 713 of this title.

Another prior section 14 of Pub. L. 93-112 was classified to

section 713 of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 705 of this title.

-End-

-CITE-

29 USC Sec. 712 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 712. Information clearinghouse

-STATUTE-

(a) Establishment; information and resources for individuals with

disabilities

The Secretary shall establish a central clearinghouse for

information and resource availability for individuals with

disabilities which shall provide information and data regarding -

(1) the location, provision, and availability of services and

programs for individuals with disabilities, including such

information and data provided by State workforce investment

boards regarding such services and programs authorized under

title I of such Act; (!1)

(2) research and recent medical and scientific developments

bearing on disabilities (and their prevention, amelioration,

causes, and cures); and

(3) the current numbers of individuals with disabilities and

their needs.

The clearinghouse shall also provide any other relevant information

and data which the Secretary considers appropriate.

(b) Information and data retrieval system

The Commissioner may assist the Secretary to develop within the

Department of Education a coordinated system of information and

data retrieval, which will have the capacity and responsibility to

provide information regarding the information and data referred to

in subsection (a) of this section to the Congress, public and

private agencies and organizations, individuals with disabilities

and their families, professionals in fields serving such

individuals, and the general public.

(c) Office of Information and Resources for Individuals with

Disabilities

The office established to carry out the provisions of this

section shall be known as the "Office of Information and Resources

for Individuals with Disabilities".

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary.

-SOURCE-

(Pub. L. 93-112, Sec. 15, formerly Sec. 13, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1113;

renumbered Sec. 15, Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-412.)

-REFTEXT-

REFERENCES IN TEXT

Such Act, referred to in subsec. (a)(1), probably means the

Workforce Investment Act of 1998, which is Pub. L. 105-220, Aug. 7,

1998, 112 Stat. 936, as amended. Title I of the Act is classified

principally to chapter 30 (Sec. 2801 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 9201 of Title 20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 714

of this title prior to repeal by Pub. L. 105-220.

A prior section 712, Pub. L. 93-112, Sec. 13, as added Pub. L.

95-602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2985;

amended Pub. L. 98-221, title I, Sec. 102, Feb. 22, 1984, 98 Stat.

17; Pub. L. 99-506, title I, Sec. 105, Oct. 21, 1986, 100 Stat.

1812; Pub. L. 102-569, title I, Secs. 102(p)(4), 106, Oct. 29,

1992, 106 Stat. 4356, 4362; Pub. L. 104-66, title I, Sec. 1042(c),

Dec. 21, 1995, 109 Stat. 715, related to reports to President and

Congress, prior to repeal by Pub. L. 105-220, title IV, Sec. 403,

Aug. 7, 1998, 112 Stat. 1093. See section 710 of this title.

A prior section 15 of Pub. L. 93-112 was renumbered section 17

and is classified to section 714 of this title.

Another prior section 15 of Pub. L. 93-112 was classified to

section 714 of this title prior to repeal by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 710, 751 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 713 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 713. Transfer of funds

-STATUTE-

(a) Except as provided in subsection (b) of this section, no

funds appropriated under this chapter for any program or activity

may be used for any purpose other than that for which the funds

were specifically authorized.

(b) No more than 1 percent of funds appropriated for

discretionary grants, contracts, or cooperative agreements

authorized by this chapter may be used for the purpose of providing

non-Federal panels of experts to review applications for such

grants, contracts, or cooperative agreements.

-SOURCE-

(Pub. L. 93-112, Sec. 16, formerly Sec. 14, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1113;

renumbered Sec. 16, Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-412.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 715

of this title prior to repeal by Pub. L. 105-220.

A prior section 713, Pub. L. 93-112, Sec. 14, as added Pub. L.

95-602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2986;

amended Pub. L. 98-221, title I, Sec. 103, Feb. 22, 1984, 98 Stat.

17; Pub. L. 99-506, title I, Secs. 103(d)(2)(C), 106, title X, Sec.

1001(a)(5), Oct. 21, 1986, 100 Stat. 1810, 1812, 1841; Pub. L.

100-630, title II, Sec. 201(f), Nov. 7, 1988, 102 Stat. 3304; Pub.

L. 102-569, title I, Secs. 102(p)(5), 107, Oct. 29, 1992, 106 Stat.

4356, 4362, related to program and project evaluation, prior to

repeal by Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112

Stat. 1093. See section 711 of this title.

A prior section 16 of Pub. L. 93-112 was renumbered section 18

and is classified to section 715 of this title.

Another prior section 16 of Pub. L. 93-112 was classified to

section 715 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 714 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 714. State administration

-STATUTE-

The application of any State rule or policy relating to the

administration or operation of programs funded by this chapter

(including any rule or policy based on State interpretation of any

Federal law, regulation, or guideline) shall be identified as a

State imposed requirement.

-SOURCE-

(Pub. L. 93-112, Sec. 17, formerly Sec. 15, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1114;

renumbered Sec. 17, Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-412.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 716

of this title prior to repeal by Pub. L. 105-220.

A prior section 714, Pub. L. 93-112, Sec. 15, as added Pub. L.

95-602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2986;

amended Pub. L. 96-374, title XIII, Sec. 1322, Oct. 3, 1980, 94

Stat. 1499; Pub. L. 98-221, title I, Sec. 104(a)(1), Feb. 22, 1984,

98 Stat. 18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21,

1986, 100 Stat. 1810; Pub. L. 102-569, title I, Sec. 102(p)(6),

Oct. 29, 1992, 106 Stat. 4356, related to information

clearinghouse, prior to repeal by Pub. L. 105-220, title IV, Sec.

403, Aug. 7, 1998, 112 Stat. 1093. See section 712 of this title.

A prior section 17 of Pub. L. 93-112 was renumbered section 19

and is classified to section 716 of this title.

Another prior section 17 of Pub. L. 93-112 was classified to

section 716 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 715 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 715. Review of applications

-STATUTE-

Applications for grants in excess of $100,000 in the aggregate

authorized to be funded under this chapter, other than grants

primarily for the purpose of conducting dissemination or

conferences, shall be reviewed by panels of experts which shall

include a majority of non-Federal members. Non-Federal members may

be provided travel, per diem, and consultant fees not to exceed the

daily equivalent of the rate of pay for level 4 of the Senior

Executive Service Schedule under section 5382 of title 5.

-SOURCE-

(Pub. L. 93-112, Sec. 18, formerly Sec. 16, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1114;

renumbered Sec. 18, Pub. L. 105-277, div. A, Sec. 101(f) [title

VIII, Sec. 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337,

2681-412.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 717

of this title prior to repeal by Pub. L. 105-220.

A prior section 715, Pub. L. 93-112, Sec. 16, as added Pub. L.

95-602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2987;

amended Pub. L. 99-506, title I, Sec. 107, Oct. 21, 1986, 100 Stat.

1812; Pub. L. 102-569, title I, Sec. 108(a), Oct. 29, 1992, 106

Stat. 4363, related to transfer of funds, prior to repeal by Pub.

L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See

section 713 of this title.

A prior section 18 of Pub. L. 93-112 was renumbered section 20

and is classified to section 717 of this title.

Another prior section 18 of Pub. L. 93-112 was classified to

section 717 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 716 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 716. Carryover

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, and

notwithstanding any other provision of law -

(1) any funds appropriated for a fiscal year to carry out any

grant program under part B of subchapter I of this chapter,

section 794e of this title (except as provided in section 794e(b)

of this title), part B of subchapter VI of this chapter, subpart

2 or 3 of part A of subchapter VII of this chapter, or part B of

subchapter VII of this chapter (except as provided in section

796k(b) of this title), including any funds reallotted under any

such grant program, that are not obligated and expended by

recipients prior to the beginning of the succeeding fiscal year;

or

(2) any amounts of program income, including reimbursement

payments under the Social Security Act (42 U.S.C. 301 et seq.),

received by recipients under any grant program specified in

paragraph (1) that are not obligated and expended by recipients

prior to the beginning of the fiscal year succeeding the fiscal

year in which such amounts were received,

shall remain available for obligation and expenditure by such

recipients during such succeeding fiscal year.

(b) Non-Federal share

Such funds shall remain available for obligation and expenditure

by a recipient as provided in subsection (a) of this section only

to the extent that the recipient complied with any Federal share

requirements applicable to the program for the fiscal year for

which the funds were appropriated.

-SOURCE-

(Pub. L. 93-112, Sec. 19, formerly Sec. 17, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1114;

renumbered Sec. 19 and amended Pub. L. 105-277, div. A, Sec. 101(f)

[title VIII, Sec. 402(a)(1), (b)(4)], Oct. 21, 1998, 112 Stat.

2681-337, 2681-412, 2681-413.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see section 1305 of Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 718

of this title prior to repeal by Pub. L. 105-220.

A prior section 716, Pub. L. 93-112, Sec. 17, as added Pub. L.

99-506, title I, Sec. 108(a), Oct. 21, 1986, 100 Stat. 1812,

related to State administration, prior to repeal by Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See

section 714 of this title.

A prior section 19 of Pub. L. 93-112 was renumbered section 21

and is classified to section 718 of this title.

Another prior section 19 of Pub. L. 93-112 was classified to

section 718 of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(4)],

made technical amendment in the original to section designation and

catchline.

-End-

-CITE-

29 USC Sec. 717 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 717. Client assistance information

-STATUTE-

All programs, including community rehabilitation programs, and

projects, that provide services to individuals with disabilities

under this chapter shall advise such individuals who are applicants

for or recipients of the services, or the applicants'

representatives or individuals' representatives, of the

availability and purposes of the client assistance program under

section 732 of this title, including information on means of

seeking assistance under such program.

-SOURCE-

(Pub. L. 93-112, Sec. 20, formerly Sec. 18, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1114;

renumbered Sec. 20 and amended Pub. L. 105-277, div. A, Sec. 101(f)

[title VIII, Sec. 402(a)(1), (b)(5)], Oct. 21, 1998, 112 Stat.

2681-337, 2681-412, 2681-413.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 718a

of this title prior to repeal by Pub. L. 105-220.

A prior section 717, Pub. L. 93-112, Sec. 18, as added Pub. L.

99-506, title I, Sec. 109(a), Oct. 21, 1986, 100 Stat. 1813;

amended Pub. L. 100-630, title II, Sec. 201(g), Nov. 7, 1988, 102

Stat. 3304; Pub. L. 102-569, title I, Sec. 108(b), Oct. 29, 1992,

106 Stat. 4363, related to review of applications, prior to repeal

by Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat.

1093. See section 715 of this title.

A prior section 20 of Pub. L. 93-112 was classified to section

718a of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(5)],

made technical amendment to section designation and catchline in

the original.

-End-

-CITE-

29 USC Sec. 718 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

GENERAL PROVISIONS

-HEAD-

Sec. 718. Traditionally underserved populations

-STATUTE-

(a) Findings

With respect to the programs authorized in subchapters II through

VII of this chapter, the Congress finds as follows:

(1) Racial profile

The racial profile of America is rapidly changing. While the

rate of increase for white Americans is 3.2 percent, the rate of

increase for racial and ethnic minorities is much higher: 38.6

percent for Latinos, 14.6 percent for African-Americans, and 40.1

percent for Asian-Americans and other ethnic groups. By the year

2000, the Nation will have 260,000,000 people, one of every three

of whom will be either African-American, Latino, or

Asian-American.

(2) Rate of disability

Ethnic and racial minorities tend to have disabling conditions

at a disproportionately high rate. The rate of work-related

disability for American Indians is about one and one-half times

that of the general population. African-Americans are also one

and one-half times more likely to be disabled than whites and

twice as likely to be significantly disabled.

(3) Inequitable treatment

Patterns of inequitable treatment of minorities have been

documented in all major junctures of the vocational

rehabilitation process. As compared to white Americans, a larger

percentage of African-American applicants to the vocational

rehabilitation system is denied acceptance. Of applicants

accepted for service, a larger percentage of African-American

cases is closed without being rehabilitated. Minorities are

provided less training than their white counterparts.

Consistently, less money is spent on minorities than on their

white counterparts.

(4) Recruitment

Recruitment efforts within vocational rehabilitation at the

level of preservice training, continuing education, and

in-service training must focus on bringing larger numbers of

minorities into the profession in order to provide appropriate

practitioner knowledge, role models, and sufficient manpower to

address the clearly changing demography of vocational

rehabilitation.

(b) Outreach to minorities

(1) In general

For each fiscal year, the Commissioner and the Director of the

National Institute on Disability and Rehabilitation Research

(referred to in this subsection as the "Director") shall reserve

1 percent of the funds appropriated for the fiscal year for

programs authorized under subchapters II, III, VI, and VII of

this chapter to carry out this subsection. The Commissioner and

the Director shall use the reserved funds to carry out one or

more of the activities described in paragraph (2) through a

grant, contract, or cooperative agreement.

(2) Activities

The activities carried out by the Commissioner and the Director

shall include one or more of the following:

(A) Making awards to minority entities and Indian tribes to

carry out activities under the programs authorized under

subchapters II, III, VI, and VII of this chapter.

(B) Making awards to minority entities and Indian tribes to

conduct research, training, technical assistance, or a related

activity, to improve services provided under this chapter,

especially services provided to individuals from minority

backgrounds.

(C) Making awards to entities described in paragraph (3) to

provide outreach and technical assistance to minority entities

and Indian tribes to promote their participation in activities

funded under this chapter, including assistance to enhance

their capacity to carry out such activities.

(3) Eligibility

To be eligible to receive an award under paragraph (2)(C), an

entity shall be a State or a public or private nonprofit agency

or organization, such as an institution of higher education or an

Indian tribe.

(4) Report

In each fiscal year, the Commissioner and the Director shall

prepare and submit to Congress a report that describes the

activities funded under this subsection for the preceding fiscal

year.

(5) Definitions

In this subsection:

(A) Historically Black college or university

The term "historically Black college or university" means a

part B institution, as defined in section 1061(2) of title 20.

(B) Minority entity

The term "minority entity" means an entity that is a

historically Black college or university, a Hispanic-serving

institution of higher education, an American Indian tribal

college or university, or another institution of higher

education whose minority student enrollment is at least 50

percent.

(c) Demonstration

In awarding grants, or entering into contracts or cooperative

agreements under subchapters I, II, III, VI, and VII of this

chapter, and section 794e of this title, the Commissioner and the

Director, in appropriate cases, shall require applicants to

demonstrate how the applicants will address, in whole or in part,

the needs of individuals with disabilities from minority

backgrounds.

-SOURCE-

(Pub. L. 93-112, Sec. 21, formerly Sec. 19, as added Pub. L.

105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1115;

renumbered Sec. 21 and amended Pub. L. 105-277, div. A, Sec. 101(f)

[title VIII, Sec. 402(a)(1), (b)(6), (c)(3)], Oct. 21, 1998, 112

Stat. 2681-337, 2681-412, 2681-413, 2681-415.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 718b

of this title prior to repeal by Pub. L. 105-220.

Prior sections 718 to 718b were repealed by Pub. L. 105-220,

title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.

Section 718, Pub. L. 93-112, Sec. 19, as added Pub. L. 102-569,

title I, Sec. 109(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub.

L. 103-73, title I, Sec. 104, Aug. 11, 1993, 107 Stat. 719, related

to carryover of funds. See section 716 of this title.

Section 718a, Pub. L. 93-112, Sec. 20, as added Pub. L. 102-569,

title I, Sec. 110(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub.

L. 103-73, title I, Sec. 105, Aug. 11, 1993, 107 Stat. 719, related

to client assistance information. See section 717 of this title.

Section 718b, Pub. L. 93-112, Sec. 21, as added Pub. L. 102-569,

title I, Sec. 111(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub.

L. 103-73, title I, Sec. 106, Aug. 11, 1993, 107 Stat. 719, related

to traditionally underserved populations.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(6)],

made technical amendment in original to section designation and

catchline.

Subsec. (a)(3). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

402(c)(3)], substituted "is denied" for "are denied" and "is

closed" for "are closed".

-End-

-CITE-

29 USC SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

-HEAD-

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

-COD-

CODIFICATION

Title I of the Rehabilitation Act of 1973, comprising this

subchapter, was originally enacted by Pub. L. 93-112, title I,

Sept. 26, 1973, 87 Stat. 363, and amended by Pub. L. 93-516, Dec.

7, 1974, 88 Stat. 1617; Pub. L. 93-651, Nov. 21, 1974, 89 Stat.

2-3; Pub. L. 94-230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 95-602,

Nov. 6, 1978, 92 Stat. 2955; Pub. L. 97-375, Dec. 21, 1982, 96

Stat. 1819; Pub. L. 98-221, Feb. 22, 1984, 98 Stat. 17; Pub. L.

98-524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99-506, Oct. 21,

1986, 100 Stat. 1807; Pub. L. 100-630, Nov. 7, 1988, 102 Stat.

3289; Pub. L. 102-52, June 6, 1991, 105 Stat. 260; Pub. L. 102-54,

June 13, 1991, 105 Stat. 267; Pub. L. 102-119, Oct. 7, 1991, 105

Stat. 587; Pub. L. 102-569, Oct. 29, 1992, 106 Stat. 4344; Pub. L.

103-73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 104-66, Dec. 21,

1995, 109 Stat. 707; Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 186.

Title I is shown herein, however, as having been added by Pub. L.

105-220, title IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1116, without

reference to those intervening amendments because of the extensive

revision of title I by Pub. L. 105-220.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 705, 718, 764, 795g,

795i, 795j, 795k, 795l, 796, 796c, 2822, 2841, 2864, 3011 of this

title; title 20 sections 1413, 9271; title 42 sections 422,

1320b-19, 1382d.

-End-

-CITE-

29 USC Part A - General Provisions 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

PART A - GENERAL PROVISIONS

-End-

-CITE-

29 USC Sec. 720 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 720. Declaration of policy; authorization of appropriations

-STATUTE-

(a) Findings; purpose; policy

(1) Findings

Congress finds that -

(A) work -

(i) is a valued activity, both for individuals and society;

and

(ii) fulfills the need of an individual to be productive,

promotes independence, enhances self-esteem, and allows for

participation in the mainstream of life in the United States;

(B) as a group, individuals with disabilities experience

staggering levels of unemployment and poverty;

(C) individuals with disabilities, including individuals with

the most significant disabilities, have demonstrated their

ability to achieve gainful employment in integrated settings if

appropriate services and supports are provided;

(D) reasons for significant numbers of individuals with

disabilities not working, or working at levels not commensurate

with their abilities and capabilities, include -

(i) discrimination;

(ii) lack of accessible and available transportation;

(iii) fear of losing health coverage under the medicare and

medicaid programs carried out under titles XVIII and XIX of

the Social Security Act (42 U.S.C. 1395 et seq. and 1396 et

seq.) or fear of losing private health insurance; and

(iv) lack of education, training, and supports to meet job

qualification standards necessary to secure, retain, regain,

or advance in employment;

(E) enforcement of subchapter V of this chapter and of the

Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et

seq.) holds the promise of ending discrimination for

individuals with disabilities;

(F) the provision of workforce investment activities and

vocational rehabilitation services can enable individuals with

disabilities, including individuals with the most significant

disabilities, to pursue meaningful careers by securing gainful

employment commensurate with their abilities and capabilities;

and

(G) linkages between the vocational rehabilitation programs

established under this subchapter and other components of the

statewide workforce investment systems are critical to ensure

effective and meaningful participation by individuals with

disabilities in workforce investment activities.

(2) Purpose

The purpose of this subchapter is to assist States in operating

statewide comprehensive, coordinated, effective, efficient, and

accountable programs of vocational rehabilitation, each of which

is -

(A) an integral part of a statewide workforce investment

system; and

(B) designed to assess, plan, develop, and provide vocational

rehabilitation services for individuals with disabilities,

consistent with their strengths, resources, priorities,

concerns, abilities, capabilities, interests, and informed

choice, so that such individuals may prepare for and engage in

gainful employment.

(3) Policy

It is the policy of the United States that such a program shall

be carried out in a manner consistent with the following

principles:

(A) Individuals with disabilities, including individuals with

the most significant disabilities, are generally presumed to be

capable of engaging in gainful employment and the provision of

individualized vocational rehabilitation services can improve

their ability to become gainfully employed.

(B) Individuals with disabilities must be provided the

opportunities to obtain gainful employment in integrated

settings.

(C) Individuals who are applicants for such programs or

eligible to participate in such programs must be active and

full partners in the vocational rehabilitation process, making

meaningful and informed choices -

(i) during assessments for determining eligibility and

vocational rehabilitation needs; and

(ii) in the selection of employment outcomes for the

individuals, services needed to achieve the outcomes,

entities providing such services, and the methods used to

secure such services.

(D) Families and other natural supports can play important

roles in the success of a vocational rehabilitation program, if

the individual with a disability involved requests, desires, or

needs such supports.

(E) Vocational rehabilitation counselors that are trained and

prepared in accordance with State policies and procedures as

described in section 721(a)(7)(B) of this title (referred to

individually in this subchapter as a "qualified vocational

rehabilitation counselor"), other qualified rehabilitation

personnel, and other qualified personnel facilitate the

accomplishment of the employment outcomes and objectives of an

individual.

(F) Individuals with disabilities and the individuals'

representatives are full partners in a vocational

rehabilitation program and must be involved on a regular basis

and in a meaningful manner with respect to policy development

and implementation.

(G) Accountability measures must facilitate the

accomplishment of the goals and objectives of the program,

including providing vocational rehabilitation services to,

among others, individuals with the most significant

disabilities.

(b) Authorization of appropriations

(1) In general

For the purpose of making grants to States under part B of this

subchapter to assist States in meeting the costs of vocational

rehabilitation services provided in accordance with State plans

under section 721 of this title, there are authorized to be

appropriated such sums as may be necessary for fiscal years 1999

through 2003, except that the amount to be appropriated for a

fiscal year shall not be less than the amount of the

appropriation under this paragraph for the immediately preceding

fiscal year, increased by the percentage change in the Consumer

Price Index determined under subsection (c) of this section for

the immediately preceding fiscal year.

(2) Reference

The reference in paragraph (1) to grants to States under part B

of this subchapter shall not be considered to refer to grants

under section 732 of this title.

(c) Consumer Price Index

(1) Percentage change

No later than November 15 of each fiscal year (beginning with

fiscal year 1979), the Secretary of Labor shall publish in the

Federal Register the percentage change in the Consumer Price

Index published for October of the preceding fiscal year and

October of the fiscal year in which such publication is made.

(2) Application

(A) Increase

If in any fiscal year the percentage change published under

paragraph (1) indicates an increase in the Consumer Price

Index, then the amount to be appropriated under subsection

(b)(1) of this section for the subsequent fiscal year shall be

at least the amount appropriated under subsection (b)(1) of

this section for the fiscal year in which the publication is

made under paragraph (1) increased by such percentage change.

(B) No increase or decrease

If in any fiscal year the percentage change published under

paragraph (1) does not indicate an increase in the Consumer

Price Index, then the amount to be appropriated under

subsection (b)(1) of this section for the subsequent fiscal

year shall be at least the amount appropriated under subsection

(b)(1) of this section for the fiscal year in which the

publication is made under paragraph (1).

(3) Definition

For purposes of this section, the term "Consumer Price Index"

means the Consumer Price Index for All Urban Consumers, published

monthly by the Bureau of Labor Statistics.

(d) Extension

(1) In general

(A) Authorization or duration of program

Unless the Congress in the regular session which ends prior

to the beginning of the terminal fiscal year -

(i) of the authorization of appropriations for the program

authorized by the State grant program under part B of this

subchapter; or

(ii) of the duration of the program authorized by the State

grant program under part B of this subchapter;

has passed legislation which would have the effect of extending

the authorization or duration (as the case may be) of such

program, such authorization or duration is automatically

extended for 1 additional year for the program authorized by

this subchapter.

(B) Calculation

The amount authorized to be appropriated for the additional

fiscal year described in subparagraph (A) shall be an amount

equal to the amount appropriated for such program for fiscal

year 2003, increased by the percentage change in the Consumer

Price Index determined under subsection (c) of this section for

the immediately preceding fiscal year, if the percentage change

indicates an increase.

(2) Construction

(A) Passage of legislation

For the purposes of paragraph (1)(A), Congress shall not be

deemed to have passed legislation unless such legislation

becomes law.

(B) Acts or determinations of Commissioner

In any case where the Commissioner is required under an

applicable statute to carry out certain acts or make certain

determinations which are necessary for the continuation of the

program authorized by this subchapter, if such acts or

determinations are required during the terminal year of such

program, such acts and determinations shall be required during

any fiscal year in which the extension described in that part

of paragraph (1) that follows clause (ii) of paragraph (1)(A)

is in effect.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 100, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1116.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(1)(D)(iii),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles

XVIII and XIX of the Act are classified generally to subchapters

XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.),

respectively, of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (a)(1)(E), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 12101 of Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 720, Pub. L. 93-112, title I, Sec. 100, Sept. 26,

1973, 87 Stat. 363; Pub. L. 93-516, title I, Sec. 102(a), Dec. 7,

1974, 88 Stat. 1618; Pub. L. 93-651, title I, Sec. 102(a), Nov. 21,

1974, 89 Stat. 2-3; Pub. L. 94-230, Secs. 2(a), 11(b)(2), (3), Mar.

15, 1976, 90 Stat. 211, 213; Pub. L. 95-602, title I, Sec. 101(a),

(b), Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98-221, title I, Sec.

111(a)-(d), Feb. 22, 1984, 98 Stat. 19; Pub. L. 99-506, title I,

Sec. 103(d)(2)(C), title II, Sec. 201, Oct. 21, 1986, 100 Stat.

1810, 1813; Pub. L. 100-630, title II, Sec. 202(a), Nov. 7, 1988,

102 Stat. 3304; Pub. L. 102-52, Sec. 2(a), (b)(1), June 6, 1991,

105 Stat. 260; Pub. L. 102-569, title I, Sec. 121(a), (b), Oct. 29,

1992, 106 Stat. 4365, 4367, related to congressional findings,

purpose, policy, authorization of appropriations, change in

Consumer Price Index, and extension of program, prior to the

general amendment of this subchapter by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 722, 730 of this title;

title 42 sections 15022, 15042, 15062, 15066.

-End-

-CITE-

29 USC Sec. 721 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 721. State plans

-STATUTE-

(a) Plan requirements

(1) In general

(A) Submission

To be eligible to participate in programs under this

subchapter, a State shall submit to the Commissioner a State

plan for vocational rehabilitation services that meets the

requirements of this section, on the same date that the State

submits a State plan under section 112 of the Workforce

Investment Act of 1998 [29 U.S.C. 2822].

(B) Nonduplication

The State shall not be required to submit, in the State plan

for vocational rehabilitation services, policies, procedures,

or descriptions required under this subchapter that have been

previously submitted to the Commissioner and that demonstrate

that such State meets the requirements of this subchapter,

including any policies, procedures, or descriptions submitted

under this subchapter as in effect on the day before August 7,

1998.

(C) Duration

The State plan shall remain in effect subject to the

submission of such modifications as the State determines to be

necessary or as the Commissioner may require based on a change

in State policy, a change in Federal law (including

regulations), an interpretation of this chapter by a Federal

court or the highest court of the State, or a finding by the

Commissioner of State noncompliance with the requirements of

this chapter, until the State submits and receives approval of

a new State plan.

(2) Designated State agency; designated State unit

(A) Designated State agency

The State plan shall designate a State agency as the sole

State agency to administer the plan, or to supervise the

administration of the plan by a local agency, except that -

(i) where, under State law, the State agency for

individuals who are blind or another agency that provides

assistance or services to adults who are blind is authorized

to provide vocational rehabilitation services to individuals

who are blind, that agency may be designated as the sole

State agency to administer the part of the plan under which

vocational rehabilitation services are provided for

individuals who are blind (or to supervise the administration

of such part by a local agency) and a separate State agency

may be designated as the sole State agency to administer or

supervise the administration of the rest of the State plan;

(ii) the Commissioner, on the request of a State, may

authorize the designated State agency to share funding and

administrative responsibility with another agency of the

State or with a local agency in order to permit the agencies

to carry out a joint program to provide services to

individuals with disabilities, and may waive compliance, with

respect to vocational rehabilitation services furnished under

the joint program, with the requirement of paragraph (4) that

the plan be in effect in all political subdivisions of the

State; and

(iii) in the case of American Samoa, the appropriate State

agency shall be the Governor of American Samoa.

(B) Designated State unit

The State agency designated under subparagraph (A) shall be -

(i) a State agency primarily concerned with vocational

rehabilitation, or vocational and other rehabilitation, of

individuals with disabilities; or

(ii) if not such an agency, the State agency (or each State

agency if 2 are so designated) shall include a vocational

rehabilitation bureau, division, or other organizational unit

that -

(I) is primarily concerned with vocational

rehabilitation, or vocational and other rehabilitation, of

individuals with disabilities, and is responsible for the

vocational rehabilitation program of the designated State

agency;

(II) has a full-time director;

(III) has a staff employed on the rehabilitation work of

the organizational unit all or substantially all of whom

are employed full time on such work; and

(IV) is located at an organizational level and has an

organizational status within the designated State agency

comparable to that of other major organizational units of

the designated State agency.

(C) Responsibility for services for the blind

If the State has designated only 1 State agency pursuant to

subparagraph (A), the State may assign responsibility for the

part of the plan under which vocational rehabilitation services

are provided for individuals who are blind to an organizational

unit of the designated State agency and assign responsibility

for the rest of the plan to another organizational unit of the

designated State agency, with the provisions of subparagraph

(B) applying separately to each of the designated State units.

(3) Non-Federal share

The State plan shall provide for financial participation by the

State, or if the State so elects, by the State and local

agencies, to provide the amount of the non-Federal share of the

cost of carrying out part B of this subchapter.

(4) Statewideness

The State plan shall provide that the plan shall be in effect

in all political subdivisions of the State, except that -

(A) in the case of any activity that, in the judgment of the

Commissioner, is likely to assist in promoting the vocational

rehabilitation of substantially larger numbers of individuals

with disabilities or groups of individuals with disabilities,

the Commissioner may waive compliance with the requirement that

the plan be in effect in all political subdivisions of the

State to the extent and for such period as may be provided in

accordance with regulations prescribed by the Commissioner, but

only if the non-Federal share of the cost of the vocational

rehabilitation services involved is met from funds made

available by a local agency (including funds contributed to

such agency by a private agency, organization, or individual);

and

(B) in a case in which earmarked funds are used toward the

non-Federal share and such funds are earmarked for particular

geographic areas within the State, the earmarked funds may be

used in such areas if the State notifies the Commissioner that

the State cannot provide the full non-Federal share without

such funds.

(5) Order of selection for vocational rehabilitation services

In the event that vocational rehabilitation services cannot be

provided to all eligible individuals with disabilities in the

State who apply for the services, the State plan shall -

(A) show the order to be followed in selecting eligible

individuals to be provided vocational rehabilitation services;

(B) provide the justification for the order of selection;

(C) include an assurance that, in accordance with criteria

established by the State for the order of selection,

individuals with the most significant disabilities will be

selected first for the provision of vocational rehabilitation

services; and

(D) provide that eligible individuals, who do not meet the

order of selection criteria, shall have access to services

provided through the information and referral system

implemented under paragraph (20).

(6) Methods for administration

(A) In general

The State plan shall provide for such methods of

administration as are found by the Commissioner to be necessary

for the proper and efficient administration of the plan.

(B) Employment of individuals with disabilities

The State plan shall provide that the designated State

agency, and entities carrying out community rehabilitation

programs in the State, who are in receipt of assistance under

this subchapter shall take affirmative action to employ and

advance in employment qualified individuals with disabilities

covered under, and on the same terms and conditions as set

forth in, section 793 of this title.

(C) Facilities

The State plan shall provide that facilities used in

connection with the delivery of services assisted under the

State plan shall comply with the Act entitled "An Act to insure

that certain buildings financed with Federal funds are so

designed and constructed as to be accessible to the physically

handicapped", approved on August 12, 1968 (commonly known as

the "Architectural Barriers Act of 1968") [42 U.S.C. 4151 et

seq.], with section 794 of this title, and with the Americans

with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].

(7) Comprehensive system of personnel development

The State plan shall -

(A) include a description (consistent with the purposes of

this chapter) of a comprehensive system of personnel

development, which shall include -

(i) a description of the procedures and activities the

designated State agency will undertake to ensure an adequate

supply of qualified State rehabilitation professionals and

paraprofessionals for the designated State unit, including

the development and maintenance of a system for determining,

on an annual basis -

(I) the number and type of personnel that are employed by

the designated State unit in the provision of vocational

rehabilitation services, including ratios of qualified

vocational rehabilitation counselors to clients; and

(II) the number and type of personnel needed by the

State, and a projection of the numbers of such personnel

that will be needed in 5 years, based on projections of the

number of individuals to be served, the number of such

personnel who are expected to retire or leave the

vocational rehabilitation field, and other relevant

factors;

(ii) where appropriate, a description of the manner in

which activities will be undertaken under this section to

coordinate the system of personnel development with personnel

development activities under the Individuals with

Disabilities Education Act (20 U.S.C. 1400 et seq.);

(iii) a description of the development and maintenance of a

system of determining, on an annual basis, information on the

programs of institutions of higher education within the State

that are preparing rehabilitation professionals, including -

(I) the numbers of students enrolled in such programs;

and

(II) the number of such students who graduated with

certification or licensure, or with credentials to qualify

for certification or licensure, as a rehabilitation

professional during the past year;

(iv) a description of the development, updating, and

implementation of a plan that -

(I) will address the current and projected vocational

rehabilitation services personnel training needs for the

designated State unit; and

(II) provides for the coordination and facilitation of

efforts between the designated State unit, institutions of

higher education, and professional associations to recruit,

prepare, and retain qualified personnel, including

personnel from minority backgrounds, and personnel who are

individuals with disabilities; and

(v) a description of the procedures and activities the

designated State agency will undertake to ensure that all

personnel employed by the designated State unit are

appropriately and adequately trained and prepared, including

-

(I) a system for the continuing education of

rehabilitation professionals and paraprofessionals within

the designated State unit, particularly with respect to

rehabilitation technology; and

(II) procedures for acquiring and disseminating to

rehabilitation professionals and paraprofessionals within

the designated State unit significant knowledge from

research and other sources, including procedures for

providing training regarding the amendments to this chapter

made by the Rehabilitation Act Amendments of 1998;

(B) set forth policies and procedures relating to the

establishment and maintenance of standards to ensure that

personnel, including rehabilitation professionals and

paraprofessionals, needed within the designated State unit to

carry out this part are appropriately and adequately prepared

and trained, including -

(i) the establishment and maintenance of standards that are

consistent with any national or State approved or recognized

certification, licensing, registration, or other comparable

requirements that apply to the area in which such personnel

are providing vocational rehabilitation services; and

(ii) to the extent that such standards are not based on the

highest requirements in the State applicable to a specific

profession or discipline, the steps the State is taking to

require the retraining or hiring of personnel within the

designated State unit that meet appropriate professional

requirements in the State; and

(C) contain provisions relating to the establishment and

maintenance of minimum standards to ensure the availability of

personnel within the designated State unit, to the maximum

extent feasible, trained to communicate in the native language

or mode of communication of an applicant or eligible

individual.

(8) Comparable services and benefits

(A) Determination of availability

(i) In general

The State plan shall include an assurance that, prior to

providing any vocational rehabilitation service to an

eligible individual, except those services specified in

paragraph (5)(D) and in paragraphs (1) through (4) and (14)

of section 723(a) of this title, the designated State unit

will determine whether comparable services and benefits are

available under any other program (other than a program

carried out under this subchapter) unless such a

determination would interrupt or delay -

(I) the progress of the individual toward achieving the

employment outcome identified in the individualized plan

for employment of the individual in accordance with section

722(b) of this title;

(II) an immediate job placement; or

(III) the provision of such service to any individual at

extreme medical risk.

(ii) Awards and scholarships

For purposes of clause (i), comparable benefits do not

include awards and scholarships based on merit.

(B) Interagency agreement

The State plan shall include an assurance that the Governor

of the State, in consultation with the entity in the State

responsible for the vocational rehabilitation program and other

appropriate agencies, will ensure that an interagency agreement

or other mechanism for interagency coordination takes effect

between any appropriate public entity, including the State

entity responsible for administering the State medicaid

program, a public institution of higher education, and a

component of the statewide workforce investment system, and the

designated State unit, in order to ensure the provision of

vocational rehabilitation services described in subparagraph

(A) (other than those services specified in paragraph (5)(D),

and in paragraphs (1) through (4) and (14) of section 723(a) of

this title), that are included in the individualized plan for

employment of an eligible individual, including the provision

of such vocational rehabilitation services during the pendency

of any dispute described in clause (iii). Such agreement or

mechanism shall include the following:

(i) Agency financial responsibility

An identification of, or a description of a method for

defining, the financial responsibility of such public entity

for providing such services, and a provision stating the

financial responsibility of such public entity for providing

such services.

(ii) Conditions, terms, and procedures of reimbursement

Information specifying the conditions, terms, and

procedures under which a designated State unit shall be

reimbursed by other public entities for providing such

services, based on the provisions of such agreement or

mechanism.

(iii) Interagency disputes

Information specifying procedures for resolving interagency

disputes under the agreement or other mechanism (including

procedures under which the designated State unit may initiate

proceedings to secure reimbursement from other public

entities or otherwise implement the provisions of the

agreement or mechanism).

(iv) Coordination of services procedures

Information specifying policies and procedures for public

entities to determine and identify the interagency

coordination responsibilities of each public entity to

promote the coordination and timely delivery of vocational

rehabilitation services (except those services specified in

paragraph (5)(D) and in paragraphs (1) through (4) and (14)

of section 723(a) of this title).

(C) Responsibilities of other public entities

(i) Responsibilities under other law

Notwithstanding subparagraph (B), if any public entity

other than a designated State unit is obligated under Federal

or State law, or assigned responsibility under State policy

or under this paragraph, to provide or pay for any services

that are also considered to be vocational rehabilitation

services (other than those specified in paragraph (5)(D) and

in paragraphs (1) through (4) and (14) of section 723(a) of

this title), such public entity shall fulfill that obligation

or responsibility, either directly or by contract or other

arrangement.

(ii) Reimbursement

If a public entity other than the designated State unit

fails to provide or pay for the services described in clause

(i) for an eligible individual, the designated State unit

shall provide or pay for such services to the individual.

Such designated State unit may claim reimbursement for the

services from the public entity that failed to provide or pay

for such services. Such public entity shall reimburse the

designated State unit pursuant to the terms of the

interagency agreement or other mechanism described in this

paragraph according to the procedures established in such

agreement or mechanism pursuant to subparagraph (B)(ii).

(D) Methods

The Governor of a State may meet the requirements of

subparagraph (B) through -

(i) a State statute or regulation;

(ii) a signed agreement between the respective officials of

the public entities that clearly identifies the

responsibilities of each public entity relating to the

provision of services; or

(iii) another appropriate method, as determined by the

designated State unit.

(9) Individualized plan for employment

(A) Development and implementation

The State plan shall include an assurance that an

individualized plan for employment meeting the requirements of

section 722(b) of this title will be developed and implemented

in a timely manner for an individual subsequent to the

determination of the eligibility of the individual for services

under this subchapter, except that in a State operating under

an order of selection described in paragraph (5), the plan will

be developed and implemented only for individuals meeting the

order of selection criteria of the State.

(B) Provision of services

The State plan shall include an assurance that such services

will be provided in accordance with the provisions of the

individualized plan for employment.

(10) Reporting requirements

(A) In general

The State plan shall include an assurance that the designated

State agency will submit reports in the form and level of

detail and at the time required by the Commissioner regarding

applicants for, and eligible individuals receiving, services

under this subchapter.

(B) Annual reporting

In specifying the information to be submitted in the reports,

the Commissioner shall require annual reporting on the eligible

individuals receiving the services, on those specific data

elements described in section 136(d)(2) of the Workforce

Investment Act of 1998 [29 U.S.C. 2871(d)(2)] that are

determined by the Secretary to be relevant in assessing the

performance of designated State units in carrying out the

vocational rehabilitation program established under this

subchapter.

(C) Additional data

In specifying the information required to be submitted in the

reports, the Commissioner shall require additional data with

regard to applicants and eligible individuals related to -

(i) the number of applicants and the number of individuals

determined to be eligible or ineligible for the program

carried out under this subchapter, including -

(I) the number of individuals determined to be ineligible

because they did not require vocational rehabilitation

services, as provided in section 722(a) of this title; and

(II) the number of individuals determined, on the basis

of clear and convincing evidence, to be too severely

disabled to benefit in terms of an employment outcome from

vocational rehabilitation services;

(ii) the number of individuals who received vocational

rehabilitation services through the program, including -

(I) the number who received services under paragraph

(5)(D), but not assistance under an individualized plan for

employment;

(II) of those recipients who are individuals with

significant disabilities, the number who received

assistance under an individualized plan for employment

consistent with section 722(b) of this title; and

(III) of those recipients who are not individuals with

significant disabilities, the number who received

assistance under an individualized plan for employment

consistent with section 722(b) of this title;

(iii) of those applicants and eligible recipients who are

individuals with significant disabilities -

(I) the number who ended their participation in the

program carried out under this subchapter and the number

who achieved employment outcomes after receiving vocational

rehabilitation services; and

(II) the number who ended their participation in the

program and who were employed 6 months and 12 months after

securing or regaining employment, or, in the case of

individuals whose employment outcome was to retain or

advance in employment, who were employed 6 months and 12

months after achieving their employment outcome, including

-

(aa) the number who earned the minimum wage rate

specified in section 6(a)(1) of the Fair Labor Standards

Act of 1938 (29 U.S.C. 206(a)(1)) or another wage level

set by the Commissioner, during such employment; and

(bb) the number who received employment benefits from

an employer during such employment; and

(iv) of those applicants and eligible recipients who are

not individuals with significant disabilities -

(I) the number who ended their participation in the

program carried out under this subchapter and the number

who achieved employment outcomes after receiving vocational

rehabilitation services; and

(II) the number who ended their participation in the

program and who were employed 6 months and 12 months after

securing or regaining employment, or, in the case of

individuals whose employment outcome was to retain or

advance in employment, who were employed 6 months and 12

months after achieving their employment outcome, including

-

(aa) the number who earned the minimum wage rate

specified in section 6(a)(1) of the Fair Labor Standards

Act of 1938 (29 U.S.C. 206(a)(1)) or another wage level

set by the Commissioner, during such employment; and

(bb) the number who received employment benefits from

an employer during such employment.

(D) Costs and results

The Commissioner shall also require that the designated State

agency include in the reports information on -

(i) the costs under this subchapter of conducting

administration, providing assessment services, counseling and

guidance, and other direct services provided by designated

State agency staff, providing services purchased under

individualized plans for employment, supporting small

business enterprises, establishing, developing, and improving

community rehabilitation programs, providing other services

to groups, and facilitating use of other programs under this

chapter and title I of the Workforce Investment Act of 1998

[29 U.S.C. 2801 et seq.] by eligible individuals; and

(ii) the results of annual evaluation by the State of

program effectiveness under paragraph (15)(E).

(E) Additional information

The Commissioner shall require that each designated State

unit include in the reports additional information related to

the applicants and eligible individuals, obtained either

through a complete count or sampling, including -

(i) information on -

(I) age, gender, race, ethnicity, education, category of

impairment, severity of disability, and whether the

individuals are students with disabilities;

(II) dates of application, determination of eligibility

or ineligibility, initiation of the individualized plan for

employment, and termination of participation in the

program;

(III) earnings at the time of application for the program

and termination of participation in the program;

(IV) work status and occupation;

(V) types of services, including assistive technology

services and assistive technology devices, provided under

the program;

(VI) types of public or private programs or agencies that

furnished services under the program; and

(VII) the reasons for individuals terminating

participation in the program without achieving an

employment outcome; and

(ii) information necessary to determine the success of the

State in meeting -

(I) the State performance measures established under

section 136(b) of the Workforce Investment Act of 1998 [29

U.S.C. 2871(b)], to the extent the measures are applicable

to individuals with disabilities; and

(II) the standards and indicators established pursuant to

section 726 of this title.

(F) Completeness and confidentiality

The State plan shall include an assurance that the

information submitted in the reports will include a complete

count, except as provided in subparagraph (E), of the

applicants and eligible individuals, in a manner permitting the

greatest possible cross-classification of data and that the

identity of each individual for which information is supplied

under this paragraph will be kept confidential.

(11) Cooperation, collaboration, and coordination

(A) Cooperative agreements with other components of statewide

workforce investment systems

The State plan shall provide that the designated State unit

or designated State agency shall enter into a cooperative

agreement with other entities that are components of the

statewide workforce investment system of the State, regarding

the system, which agreement may provide for -

(i) provision of intercomponent staff training and

technical assistance with regard to -

(I) the availability and benefits of, and information on

eligibility standards for, vocational rehabilitation

services; and

(II) the promotion of equal, effective, and meaningful

participation by individuals with disabilities in workforce

investment activities in the State through the promotion of

program accessibility, the use of nondiscriminatory

policies and procedures, and the provision of reasonable

accommodations, auxiliary aids and services, and

rehabilitation technology, for individuals with

disabilities;

(ii) use of information and financial management systems

that link all components of the statewide workforce

investment system, that link the components to other

electronic networks, including nonvisual electronic networks,

and that relate to such subjects as employment statistics,

and information on job vacancies, career planning, and

workforce investment activities;

(iii) use of customer service features such as common

intake and referral procedures, customer databases, resource

information, and human services hotlines;

(iv) establishment of cooperative efforts with employers to

-

(I) facilitate job placement; and

(II) carry out any other activities that the designated

State unit and the employers determine to be appropriate;

(v) identification of staff roles, responsibilities, and

available resources, and specification of the financial

responsibility of each component of the statewide workforce

investment system with regard to paying for necessary

services (consistent with State law and Federal

requirements); and

(vi) specification of procedures for resolving disputes

among such components.

(B) Replication of cooperative agreements

The State plan shall provide for the replication of such

cooperative agreements at the local level between individual

offices of the designated State unit and local entities

carrying out activities through the statewide workforce

investment system.

(C) Interagency cooperation with other agencies

The State plan shall include descriptions of interagency

cooperation with, and utilization of the services and

facilities of, Federal, State, and local agencies and programs,

including programs carried out by the Under Secretary for Rural

Development of the Department of Agriculture and State use

contracting programs, to the extent that such agencies and

programs are not carrying out activities through the statewide

workforce investment system.

(D) Coordination with education officials

The State plan shall contain plans, policies, and procedures

for coordination between the designated State agency and

education officials responsible for the public education of

students with disabilities, that are designed to facilitate the

transition of the students with disabilities from the receipt

of educational services in school to the receipt of vocational

rehabilitation services under this subchapter, including

information on a formal interagency agreement with the State

educational agency that, at a minimum, provides for -

(i) consultation and technical assistance to assist

educational agencies in planning for the transition of

students with disabilities from school to post-school

activities, including vocational rehabilitation services;

(ii) transition planning by personnel of the designated

State agency and educational agency personnel for students

with disabilities that facilitates the development and

completion of their individualized education programs under

section 614(d) of the Individuals with Disabilities Education

Act [20 U.S.C. 1414(d)] (as added by section 101 of Public

Law 105-17);

(iii) the roles and responsibilities, including financial

responsibilities, of each agency, including provisions for

determining State lead agencies and qualified personnel

responsible for transition services; and

(iv) procedures for outreach to and identification of

students with disabilities who need the transition services.

(E) Coordination with Statewide Independent Living Councils and

independent living centers

The State plan shall include an assurance that the designated

State unit, the Statewide Independent Living Council

established under section 796d of this title, and the

independent living centers described in subpart 3 (!1) of part

A of subchapter VII of this chapter within the State have

developed working relationships and coordinate their

activities.

(F) Cooperative agreement with recipients of grants for

services to American Indians

In applicable cases, the State plan shall include an

assurance that the State has entered into a formal cooperative

agreement with each grant recipient in the State that receives

funds under part C of this subchapter. The agreement shall

describe strategies for collaboration and coordination in

providing vocational rehabilitation services to American

Indians who are individuals with disabilities, including -

(i) strategies for interagency referral and information

sharing that will assist in eligibility determinations and

the development of individualized plans for employment;

(ii) procedures for ensuring that American Indians who are

individuals with disabilities and are living near a

reservation or tribal service area are provided vocational

rehabilitation services; and

(iii) provisions for sharing resources in cooperative

studies and assessments, joint training activities, and other

collaborative activities designed to improve the provision of

services to American Indians who are individuals with

disabilities.

(12) Residency

The State plan shall include an assurance that the State will

not impose a residence requirement that excludes from services

provided under the plan any individual who is present in the

State.

(13) Services to American Indians

The State plan shall include an assurance that, except as

otherwise provided in part C of this subchapter, the designated

State agency will provide vocational rehabilitation services to

American Indians who are individuals with disabilities residing

in the State to the same extent as the designated State agency

provides such services to other significant populations of

individuals with disabilities residing in the State.

(14) Annual review of individuals in extended employment or other

employment under special certificate provisions of the Fair

Labor Standards Act of 1938

The State plan shall provide for -

(A) an annual review and reevaluation of the status of each

individual with a disability served under this subchapter who

has achieved an employment outcome either in an extended

employment setting in a community rehabilitation program or any

other employment under section 14(c) of the Fair Labor

Standards Act (29 U.S.C. 214(c)) for 2 years after the

achievement of the outcome (and thereafter if requested by the

individual or, if appropriate, the individual's

representative), to determine the interests, priorities, and

needs of the individual with respect to competitive employment

or training for competitive employment;

(B) input into the review and reevaluation, and a signed

acknowledgment that such review and reevaluation have been

conducted, by the individual with a disability, or, if

appropriate, the individual's representative; and

(C) maximum efforts, including the identification and

provision of vocational rehabilitation services, reasonable

accommodations, and other necessary support services, to assist

the individuals described in subparagraph (A) in engaging in

competitive employment.

(15) Annual State goals and reports of progress

(A) Assessments and estimates

The State plan shall -

(i) include the results of a comprehensive, statewide

assessment, jointly conducted by the designated State unit

and the State Rehabilitation Council (if the State has such a

Council) every 3 years, describing the rehabilitation needs

of individuals with disabilities residing within the State,

particularly the vocational rehabilitation services needs of

-

(I) individuals with the most significant disabilities,

including their need for supported employment services;

(II) individuals with disabilities who are minorities and

individuals with disabilities who have been unserved or

underserved by the vocational rehabilitation program

carried out under this subchapter; and

(III) individuals with disabilities served through other

components of the statewide workforce investment system

(other than the vocational rehabilitation program), as

identified by such individuals and personnel assisting such

individuals through the components;

(ii) include an assessment of the need to establish,

develop, or improve community rehabilitation programs within

the State; and

(iii) provide that the State shall submit to the

Commissioner a report containing information regarding

updates to the assessments, for any year in which the State

updates the assessments.

(B) Annual estimates

The State plan shall include, and shall provide that the

State shall annually submit a report to the Commissioner that

includes, State estimates of -

(i) the number of individuals in the State who are eligible

for services under this subchapter;

(ii) the number of such individuals who will receive

services provided with funds provided under part B of this

subchapter and under part B of subchapter VI of this chapter,

including, if the designated State agency uses an order of

selection in accordance with paragraph (5), estimates of the

number of individuals to be served under each priority

category within the order; and

(iii) the costs of the services described in clause (i),

including, if the designated State agency uses an order of

selection in accordance with paragraph (5), the service costs

for each priority category within the order.

(C) Goals and priorities

(i) In general

The State plan shall identify the goals and priorities of

the State in carrying out the program. The goals and

priorities shall be jointly developed, agreed to, and

reviewed annually by the designated State unit and the State

Rehabilitation Council, if the State has such a Council. Any

revisions to the goals and priorities shall be jointly agreed

to by the designated State unit and the State Rehabilitation

Council, if the State has such a Council. The State plan

shall provide that the State shall submit to the Commissioner

a report containing information regarding revisions in the

goals and priorities, for any year in which the State revises

the goals and priorities.

(ii) Basis

The State goals and priorities shall be based on an

analysis of -

(I) the comprehensive assessment described in

subparagraph (A), including any updates to the assessment;

(II) the performance of the State on the standards and

indicators established under section 726 of this title; and

(III) other available information on the operation and

the effectiveness of the vocational rehabilitation program

carried out in the State, including any reports received

from the State Rehabilitation Council, under section 725(c)

of this title and the findings and recommendations from

monitoring activities conducted under section 727 of this

title.

(iii) Service and outcome goals for categories in order of

selection

If the designated State agency uses an order of selection

in accordance with paragraph (5), the State shall also

identify in the State plan service and outcome goals and the

time within which these goals may be achieved for individuals

in each priority category within the order.

(D) Strategies

The State plan shall contain a description of the strategies

the State will use to address the needs identified in the

assessment conducted under subparagraph (A) and achieve the

goals and priorities identified in subparagraph (C), including

-

(i) the methods to be used to expand and improve services

to individuals with disabilities, including how a broad range

of assistive technology services and assistive technology

devices will be provided to such individuals at each stage of

the rehabilitation process and how such services and devices

will be provided to such individuals on a statewide basis;

(ii) outreach procedures to identify and serve individuals

with disabilities who are minorities and individuals with

disabilities who have been unserved or underserved by the

vocational rehabilitation program;

(iii) where necessary, the plan of the State for

establishing, developing, or improving community

rehabilitation programs;

(iv) strategies to improve the performance of the State

with respect to the evaluation standards and performance

indicators established pursuant to section 726 of this title;

and

(v) strategies for assisting entities carrying out other

components of the statewide workforce investment system

(other than the vocational rehabilitation program) in

assisting individuals with disabilities.

(E) Evaluation and reports of progress

The State plan shall -

(i) include the results of an evaluation of the

effectiveness of the vocational rehabilitation program, and a

joint report by the designated State unit and the State

Rehabilitation Council, if the State has such a Council, to

the Commissioner on the progress made in improving the

effectiveness from the previous year, which evaluation and

report shall include -

(I) an evaluation of the extent to which the goals

identified in subparagraph (C) were achieved;

(II) a description of strategies that contributed to

achieving the goals;

(III) to the extent to which the goals were not achieved,

a description of the factors that impeded that achievement;

and

(IV) an assessment of the performance of the State on the

standards and indicators established pursuant to section

726 of this title; and

(ii) provide that the designated State unit and the State

Rehabilitation Council, if the State has such a Council,

shall jointly submit to the Commissioner an annual report

that contains the information described in clause (i).

(16) Public comment

The State plan shall -

(A) provide that the designated State agency, prior to the

adoption of any policies or procedures governing the provision

of vocational rehabilitation services under the State plan

(including making any amendment to such policies and

procedures), shall conduct public meetings throughout the

State, after providing adequate notice of the meetings, to

provide the public, including individuals with disabilities, an

opportunity to comment on the policies or procedures, and

actively consult with the Director of the client assistance

program carried out under section 732 of this title, and, as

appropriate, Indian tribes, tribal organizations, and Native

Hawaiian organizations on the policies or procedures; and

(B) provide that the designated State agency (or each

designated State agency if two agencies are designated) and any

sole agency administering the plan in a political subdivision

of the State, shall take into account, in connection with

matters of general policy arising in the administration of the

plan, the views of -

(i) individuals and groups of individuals who are

recipients of vocational rehabilitation services, or in

appropriate cases, the individuals' representatives;

(ii) personnel working in programs that provide vocational

rehabilitation services to individuals with disabilities;

(iii) providers of vocational rehabilitation services to

individuals with disabilities;

(iv) the director of the client assistance program; and

(v) the State Rehabilitation Council, if the State has such

a Council.

(17) Use of funds for construction of facilities

The State plan shall provide that if, under special

circumstances, the State plan includes provisions for the

construction of facilities for community rehabilitation programs

-

(A) the Federal share of the cost of construction for the

facilities for a fiscal year will not exceed an amount equal to

10 percent of the State's allotment under section 730 of this

title for such year;

(B) the provisions of section 776 of this title (as in effect

on the day before August 7, 1998) shall be applicable to such

construction and such provisions shall be deemed to apply to

such construction; and

(C) there shall be compliance with regulations the

Commissioner shall prescribe designed to assure that no State

will reduce its efforts in providing other vocational

rehabilitation services (other than for the establishment of

facilities for community rehabilitation programs) because the

plan includes such provisions for construction.

(18) Innovation and expansion activities

The State plan shall -

(A) include an assurance that the State will reserve and use

a portion of the funds allotted to the State under section 730

of this title -

(i) for the development and implementation of innovative

approaches to expand and improve the provision of vocational

rehabilitation services to individuals with disabilities

under this subchapter, particularly individuals with the most

significant disabilities, consistent with the findings of the

statewide assessment and goals and priorities of the State as

described in paragraph (15); and

(ii) to support the funding of -

(I) the State Rehabilitation Council, if the State has

such a Council, consistent with the plan prepared under

section 725(d)(1) of this title; and

(II) the Statewide Independent Living Council, consistent

with the plan prepared under section 796d(e)(1) of this

title;

(B) include a description of how the reserved funds will be

utilized; and

(C) provide that the State shall submit to the Commissioner

an annual report containing a description of how the reserved

funds were utilized during the preceding year.

(19) Choice

The State plan shall include an assurance that applicants and

eligible individuals or, as appropriate, the applicants'

representatives or individuals' representatives, will be provided

information and support services to assist the applicants and

individuals in exercising informed choice throughout the

rehabilitation process, consistent with the provisions of section

722(d) of this title.

(20) Information and referral services

(A) In general

The State plan shall include an assurance that the designated

State agency will implement an information and referral system

adequate to ensure that individuals with disabilities will be

provided accurate vocational rehabilitation information and

guidance, using appropriate modes of communication, to assist

such individuals in preparing for, securing, retaining, or

regaining employment, and will be appropriately referred to

Federal and State programs (other than the vocational

rehabilitation program carried out under this subchapter),

including other components of the statewide workforce

investment system in the State.

(B) Referrals

An appropriate referral made through the system shall -

(i) be to the Federal or State programs, including programs

carried out by other components of the statewide workforce

investment system in the State, best suited to address the

specific employment needs of an individual with a disability;

and

(ii) include, for each of these programs, provision to the

individual of -

(I) a notice of the referral by the designated State

agency to the agency carrying out the program;

(II) information identifying a specific point of contact

within the agency carrying out the program; and

(III) information and advice regarding the most suitable

services to assist the individual to prepare for, secure,

retain, or regain employment.

(21) State independent consumer-controlled commission; State

Rehabilitation Council

(A) Commission or Council

The State plan shall provide that either -

(i) the designated State agency is an independent

commission that -

(I) is responsible under State law for operating, or

overseeing the operation of, the vocational rehabilitation

program in the State;

(II) is consumer-controlled by persons who -

(aa) are individuals with physical or mental

impairments that substantially limit major life

activities; and

(bb) represent individuals with a broad range of

disabilities, unless the designated State unit under the

direction of the commission is the State agency for

individuals who are blind;

(III) includes family members, advocates, or other

representatives, of individuals with mental impairments;

and

(IV) undertakes the functions set forth in section

725(c)(4) of this title; or

(ii) the State has established a State Rehabilitation

Council that meets the criteria set forth in section 725 of

this title and the designated State unit -

(I) in accordance with paragraph (15), jointly develops,

agrees to, and reviews annually State goals and priorities,

and jointly submits annual reports of progress with the

Council;

(II) regularly consults with the Council regarding the

development, implementation, and revision of State policies

and procedures of general applicability pertaining to the

provision of vocational rehabilitation services;

(III) includes in the State plan and in any revision to

the State plan, a summary of input provided by the Council,

including recommendations from the annual report of the

Council described in section 725(c)(5) of this title, the

review and analysis of consumer satisfaction described in

section 725(c)(4) of this title, and other reports prepared

by the Council, and the response of the designated State

unit to such input and recommendations, including

explanations for rejecting any input or recommendation; and

(IV) transmits to the Council -

(aa) all plans, reports, and other information required

under this subchapter to be submitted to the Secretary;

(bb) all policies, and information on all practices and

procedures, of general applicability provided to or used

by rehabilitation personnel in carrying out this

subchapter; and

(cc) copies of due process hearing decisions issued

under this subchapter, which shall be transmitted in such

a manner as to ensure that the identity of the

participants in the hearings is kept confidential.

(B) More than one designated State agency

In the case of a State that, under subsection (a)(2) of this

section, designates a State agency to administer the part of

the State plan under which vocational rehabilitation services

are provided for individuals who are blind (or to supervise the

administration of such part by a local agency) and designates a

separate State agency to administer the rest of the State plan,

the State shall either establish a State Rehabilitation Council

for each of the two agencies that does not meet the

requirements in subparagraph (A)(i), or establish one State

Rehabilitation Council for both agencies if neither agency

meets the requirements of subparagraph (A)(i).

(22) Supported employment State plan supplement

The State plan shall include an assurance that the State has an

acceptable plan for carrying out part B of subchapter VI of this

chapter, including the use of funds under that part to supplement

funds made available under part B of this subchapter to pay for

the cost of services leading to supported employment.

(23) Annual updates

The plan shall include an assurance that the State will submit

to the Commissioner reports containing annual updates of the

information required under paragraph (7) (relating to a

comprehensive system of personnel development) and any other

updates of the information required under this section that are

requested by the Commissioner, and annual reports as provided in

paragraphs (15) (relating to assessments, estimates, goals and

priorities, and reports of progress) and (18) (relating to

innovation and expansion), at such time and in such manner as the

Secretary may determine to be appropriate.

(24) Certain contracts and cooperative agreements

(A) Contracts with for-profit organizations

The State plan shall provide that the designated State agency

has the authority to enter into contracts with for-profit

organizations for the purpose of providing, as vocational

rehabilitation services, on-the-job training and related

programs for individuals with disabilities under part A of

subchapter VI of this chapter, upon a determination by such

agency that such for-profit organizations are better qualified

to provide such rehabilitation services than nonprofit agencies

and organizations.

(B) Cooperative agreements with private nonprofit organizations

The State plan shall describe the manner in which cooperative

agreements with private nonprofit vocational rehabilitation

service providers will be established.

(b) Approval; disapproval of the State plan

(1) Approval

The Commissioner shall approve any plan that the Commissioner

finds fulfills the conditions specified in this section, and

shall disapprove any plan that does not fulfill such conditions.

(2) Disapproval

Prior to disapproval of the State plan, the Commissioner shall

notify the State of the intention to disapprove the plan and

shall afford the State reasonable notice and opportunity for a

hearing.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 101, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1119; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(c)(4)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-415.)

-REFTEXT-

REFERENCES IN TEXT

The Architectural Barriers Act of 1968, referred to in subsec.

(a)(6)(C), is Pub. L. 90-480, Aug. 12, 1968, 82 Stat. 718, as

amended, which is classified generally to chapter 51 (Sec. 4151 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4151 of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (a)(6)(C), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 12101 of Title 42 and Tables.

The Individuals with Disabilities Education Act, referred to in

subsec. (a)(7)(A)(ii), is title VI of Pub. L. 91-230, Apr. 13,

1970, 84 Stat. 175, as amended, which is classified generally to

chapter 33 (Sec. 1400 et seq.) of Title 20, Education. For complete

classification of this Act to the Code, see section 1400 of Title

20 and Tables.

The Rehabilitation Act Amendments of 1998, referred to in subsec.

(a)(7)(A)(v)(II), is title IV of Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 1092. For complete classification of this Act to the Code,

see Short Title of 1998 Amendment note set out under section 701 of

this title and Tables.

The Workforce Investment Act of 1998, referred to in subsec.

(a)(10)(D)(i), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter 30

(Sec. 2801 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.

Subpart 3 of part A of subchapter VII of this chapter, referred

to in subsec. (a)(11)(E), was in the original a reference to "part

C of title VII", meaning part C of title VII of the Rehabilitation

Act of 1973, and was translated as if it referred to part C of

chapter I of title VII of the Act to reflect the probable intent of

Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 721, Pub. L. 93-112, title I, Sec. 101, Sept. 26,

1973, 87 Stat. 363; Pub. L. 93-516, title I, Sec. 111(b)-(d), Dec.

7, 1974, 88 Stat. 1619, 1620; Pub. L. 93-651, title I, Sec.

111(b)-(d), Nov. 21, 1974, 89 Stat. 2-5; Pub. L. 95-602, title I,

Secs. 102, 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L.

98-221, title I, Sec. 104(a)(2), Feb. 22, 1984, 98 Stat. 18; Pub.

L. 98-524, Sec. 4(f), Oct. 19, 1984, 98 Stat. 2489; Pub. L. 99-506,

title I, Sec. 103(d)(2), title II, Sec. 202, title X, Sec.

1001(b)(1)-(4), Oct. 21, 1986, 100 Stat. 1810, 1814, 1841, 1842;

Pub. L. 100-630, title II, Sec. 202(b), Nov. 7, 1988, 102 Stat.

3304; Pub. L. 102-54, Sec. 13(k)(1)(A), June 13, 1991, 105 Stat.

276; Pub. L. 102-119, Sec. 26(e), Oct. 7, 1991, 105 Stat. 607; Pub.

L. 102-569, title I, Secs. 102(o), (p)(7), 122, Oct. 29, 1992, 106

Stat. 4355, 4356, 4367; Pub. L. 103-73, title I, Secs. 102(2),

107(a), Aug. 11, 1993, 107 Stat. 718, 719; Pub. L. 104-106, div. D,

title XLIII, Sec. 4321(i)(7), Feb. 10, 1996, 110 Stat. 676, related

to State plans, prior to the general amendment of this subchapter

by Pub. L. 105-220.

AMENDMENTS

1998 - Subsec. (a)(18)(C). Pub. L. 105-277, Sec. 101(f) [title

VIII, Sec. 402(c)(4)(A)], substituted "were utilized during the

preceding year" for "will be utilized".

Subsec. (a)(21)(A)(i)(II)(bb). Pub. L. 105-277, Sec. 101(f)

[title VIII, Sec. 402(c)(4)(B)], substituted "commission" for

"Commission".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 707, 709, 710, 720,

722, 723, 725, 727, 731, 764, 772, 795, 795k, 795l, 795m, 796d,

796d-1, 796k of this title; title 20 section 107a; title 42 section

3032.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 722 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 722. Eligibility and individualized plan for employment

-STATUTE-

(a) Eligibility

(1) Criterion for eligibility

An individual is eligible for assistance under this subchapter

if the individual -

(A) is an individual with a disability under section

705(20)(A) of this title; and

(B) requires vocational rehabilitation services to prepare

for, secure, retain, or regain employment.

(2) Presumption of benefit

(A) Demonstration

For purposes of this section, an individual shall be presumed

to be an individual that can benefit in terms of an employment

outcome from vocational rehabilitation services under section

705(20)(A) of this title, unless the designated State unit

involved can demonstrate by clear and convincing evidence that

such individual is incapable of benefiting in terms of an

employment outcome from vocational rehabilitation services due

to the severity of the disability of the individual.

(B) Methods

In making the demonstration required under subparagraph (A),

the designated State unit shall explore the individual's

abilities, capabilities, and capacity to perform in work

situations, through the use of trial work experiences, as

described in section 705(2)(D) of this title, with appropriate

supports provided through the designated State unit, except

under limited circumstances when an individual cannot take

advantage of such experiences. Such experiences shall be of

sufficient variety and over a sufficient period of time to

determine the eligibility of the individual or to determine the

existence of clear and convincing evidence that the individual

is incapable of benefiting in terms of an employment outcome

from vocational rehabilitation services due to the severity of

the disability of the individual.

(3) Presumption of eligibility

(A) In general

For purposes of this section, an individual who has a

disability or is blind as determined pursuant to title II or

title XVI of the Social Security Act (42 U.S.C. 401 et seq. and

1381 et seq.) shall be -

(i) considered to be an individual with a significant

disability under section 705(21)(A) of this title; and

(ii) presumed to be eligible for vocational rehabilitation

services under this subchapter (provided that the individual

intends to achieve an employment outcome consistent with the

unique strengths, resources, priorities, concerns, abilities,

capabilities, interests, and informed choice of the

individual) unless the designated State unit involved can

demonstrate by clear and convincing evidence that such

individual is incapable of benefiting in terms of an

employment outcome from vocational rehabilitation services

due to the severity of the disability of the individual in

accordance with paragraph (2).

(B) Construction

Nothing in this paragraph shall be construed to create an

entitlement to any vocational rehabilitation service.

(4) Use of existing information

(A) In general

To the maximum extent appropriate and consistent with the

requirements of this part, for purposes of determining the

eligibility of an individual for vocational rehabilitation

services under this subchapter and developing the

individualized plan for employment described in subsection (b)

of this section for the individual, the designated State unit

shall use information that is existing and current (as of the

date of the determination of eligibility or of the development

of the individualized plan for employment), including

information available from other programs and providers,

particularly information used by education officials and the

Social Security Administration, information provided by the

individual and the family of the individual, and information

obtained under the assessment for determining eligibility and

vocational rehabilitation needs.

(B) Determinations by officials of other agencies

Determinations made by officials of other agencies,

particularly education officials described in section

721(a)(11)(D) of this title, regarding whether an individual

satisfies one or more factors relating to whether an individual

is an individual with a disability under section 705(20)(A) of

this title or an individual with a significant disability under

section 705(21)(A) of this title shall be used, to the extent

appropriate and consistent with the requirements of this part,

in assisting the designated State unit in making such

determinations.

(C) Basis

The determination of eligibility for vocational

rehabilitation services shall be based on -

(i) the review of existing data described in section

705(2)(A)(i) of this title; and

(ii) to the extent that such data is unavailable or

insufficient for determining eligibility, the provision of

assessment activities described in section 705(2)(A)(ii) of

this title.

(5) Determination of ineligibility

If an individual who applies for services under this subchapter

is determined, based on the review of existing data and, to the

extent necessary, the assessment activities described in section

705(2)(A)(ii) of this title, not to be eligible for the services,

or if an eligible individual receiving services under an

individualized plan for employment is determined to be no longer

eligible for the services -

(A) the ineligibility determination involved shall be made

only after providing an opportunity for full consultation with

the individual or, as appropriate, the individual's

representative;

(B) the individual or, as appropriate, the individual's

representative, shall be informed in writing (supplemented as

necessary by other appropriate modes of communication

consistent with the informed choice of the individual) of the

ineligibility determination, including -

(i) the reasons for the determination; and

(ii) a description of the means by which the individual may

express, and seek a remedy for, any dissatisfaction with the

determination, including the procedures for review by an

impartial hearing officer under subsection (c) of this

section;

(C) the individual shall be provided with a description of

services available from the client assistance program under

section 732 of this title and information on how to contact

that program; and

(D) any ineligibility determination that is based on a

finding that the individual is incapable of benefiting in terms

of an employment outcome shall be reviewed -

(i) within 12 months; and

(ii) thereafter, if such a review is requested by the

individual or, if appropriate, by the individual's

representative.

(6) Timeframe for making an eligibility determination

The designated State unit shall determine whether an individual

is eligible for vocational rehabilitation services under this

subchapter within a reasonable period of time, not to exceed 60

days, after the individual has submitted an application for the

services unless -

(A) exceptional and unforeseen circumstances beyond the

control of the designated State unit preclude making an

eligibility determination within 60 days and the designated

State unit and the individual agree to a specific extension of

time; or

(B) the designated State unit is exploring an individual's

abilities, capabilities, and capacity to perform in work

situations under paragraph (2)(B).

(b) Development of an individualized plan for employment

(1) Options for developing an individualized plan for employment

If an individual is determined to be eligible for vocational

rehabilitation services as described in subsection (a) of this

section, the designated State unit shall complete the assessment

for determining eligibility and vocational rehabilitation needs,

as appropriate, and shall provide the eligible individual or the

individual's representative, in writing and in an appropriate

mode of communication, with information on the individual's

options for developing an individualized plan for employment,

including -

(A) information on the availability of assistance, to the

extent determined to be appropriate by the eligible individual,

from a qualified vocational rehabilitation counselor in

developing all or part of the individualized plan for

employment for the individual, and the availability of

technical assistance in developing all or part of the

individualized plan for employment for the individual;

(B) a description of the full range of components that shall

be included in an individualized plan for employment;

(C) as appropriate -

(i) an explanation of agency guidelines and criteria

associated with financial commitments concerning an

individualized plan for employment;

(ii) additional information the eligible individual

requests or the designated State unit determines to be

necessary; and

(iii) information on the availability of assistance in

completing designated State agency forms required in

developing an individualized plan for employment; and

(D)(i) a description of the rights and remedies available to

such an individual including, if appropriate, recourse to the

processes set forth in subsection (c) of this section; and

(ii) a description of the availability of a client assistance

program established pursuant to section 732 of this title and

information about how to contact the client assistance program.

(2) Mandatory procedures

(A) Written document

An individualized plan for employment shall be a written

document prepared on forms provided by the designated State

unit.

(B) Informed choice

An individualized plan for employment shall be developed and

implemented in a manner that affords eligible individuals the

opportunity to exercise informed choice in selecting an

employment outcome, the specific vocational rehabilitation

services to be provided under the plan, the entity that will

provide the vocational rehabilitation services, and the methods

used to procure the services, consistent with subsection (d) of

this section.

(C) Signatories

An individualized plan for employment shall be -

(i) agreed to, and signed by, such eligible individual or,

as appropriate, the individual's representative; and

(ii) approved and signed by a qualified vocational

rehabilitation counselor employed by the designated State

unit.

(D) Copy

A copy of the individualized plan for employment for an

eligible individual shall be provided to the individual or, as

appropriate, to the individual's representative, in writing

and, if appropriate, in the native language or mode of

communication of the individual or, as appropriate, of the

individual's representative.

(E) Review and amendment

The individualized plan for employment shall be -

(i) reviewed at least annually by -

(I) a qualified vocational rehabilitation counselor; and

(II) the eligible individual or, as appropriate, the

individual's representative; and

(ii) amended, as necessary, by the individual or, as

appropriate, the individual's representative, in

collaboration with a representative of the designated State

agency or a qualified vocational rehabilitation counselor (to

the extent determined to be appropriate by the individual),

if there are substantive changes in the employment outcome,

the vocational rehabilitation services to be provided, or the

service providers of the services (which amendments shall not

take effect until agreed to and signed by the eligible

individual or, as appropriate, the individual's

representative, and by a qualified vocational rehabilitation

counselor employed by the designated State unit).

(3) Mandatory components of an individualized plan for employment

Regardless of the approach selected by an eligible individual

to develop an individualized plan for employment, an

individualized plan for employment shall, at a minimum, contain

mandatory components consisting of -

(A) a description of the specific employment outcome that is

chosen by the eligible individual, consistent with the unique

strengths, resources, priorities, concerns, abilities,

capabilities, interests, and informed choice of the eligible

individual, and, to the maximum extent appropriate, results in

employment in an integrated setting;

(B)(i) a description of the specific vocational

rehabilitation services that are -

(I) needed to achieve the employment outcome, including, as

appropriate, the provision of assistive technology devices

and assistive technology services, and personal assistance

services, including training in the management of such

services; and

(II) provided in the most integrated setting that is

appropriate for the service involved and is consistent with

the informed choice of the eligible individual; and

(ii) timelines for the achievement of the employment outcome

and for the initiation of the services;

(C) a description of the entity chosen by the eligible

individual or, as appropriate, the individual's representative,

that will provide the vocational rehabilitation services, and

the methods used to procure such services;

(D) a description of criteria to evaluate progress toward

achievement of the employment outcome;

(E) the terms and conditions of the individualized plan for

employment, including, as appropriate, information describing -

(i) the responsibilities of the designated State unit;

(ii) the responsibilities of the eligible individual,

including -

(I) the responsibilities the eligible individual will

assume in relation to the employment outcome of the

individual;

(II) if applicable, the participation of the eligible

individual in paying for the costs of the plan; and

(III) the responsibility of the eligible individual with

regard to applying for and securing comparable benefits as

described in section 721(a)(8) of this title; and

(iii) the responsibilities of other entities as the result

of arrangements made pursuant to comparable services or

benefits requirements as described in section 721(a)(8) of

this title;

(F) for an eligible individual with the most significant

disabilities for whom an employment outcome in a supported

employment setting has been determined to be appropriate,

information identifying -

(i) the extended services needed by the eligible

individual; and

(ii) the source of extended services or, to the extent that

the source of the extended services cannot be identified at

the time of the development of the individualized plan for

employment, a description of the basis for concluding that

there is a reasonable expectation that such source will

become available; and

(G) as determined to be necessary, a statement of projected

need for post-employment services.

(c) Procedures

(1) In general

Each State shall establish procedures for mediation of, and

procedures for review through an impartial due process hearing

of, determinations made by personnel of the designated State unit

that affect the provision of vocational rehabilitation services

to applicants or eligible individuals.

(2) Notification

(A) Rights and assistance

The procedures shall provide that an applicant or an eligible

individual or, as appropriate, the applicant's representative

or individual's representative shall be notified of -

(i) the right to obtain review of determinations described

in paragraph (1) in an impartial due process hearing under

paragraph (5);

(ii) the right to pursue mediation with respect to the

determinations under paragraph (4); and

(iii) the availability of assistance from the client

assistance program under section 732 of this title.

(B) Timing

Such notification shall be provided in writing -

(i) at the time an individual applies for vocational

rehabilitation services provided under this subchapter;

(ii) at the time the individualized plan for employment for

the individual is developed; and

(iii) upon reduction, suspension, or cessation of

vocational rehabilitation services for the individual.

(3) Evidence and representation

The procedures required under this subsection shall, at a

minimum -

(A) provide an opportunity for an applicant or an eligible

individual, or, as appropriate, the applicant's representative

or individual's representative, to submit at the mediation

session or hearing evidence and information to support the

position of the applicant or eligible individual; and

(B) include provisions to allow an applicant or an eligible

individual to be represented in the mediation session or

hearing by a person selected by the applicant or eligible

individual.

(4) Mediation

(A) Procedures

Each State shall ensure that procedures are established and

implemented under this subsection to allow parties described in

paragraph (1) to disputes involving any determination described

in paragraph (1) to resolve such disputes through a mediation

process that, at a minimum, shall be available whenever a

hearing is requested under this subsection.

(B) Requirements

Such procedures shall ensure that the mediation process -

(i) is voluntary on the part of the parties;

(ii) is not used to deny or delay the right of an

individual to a hearing under this subsection, or to deny any

other right afforded under this subchapter; and

(iii) is conducted by a qualified and impartial mediator

who is trained in effective mediation techniques.

(C) List of mediators

The State shall maintain a list of individuals who are

qualified mediators and knowledgeable in laws (including

regulations) relating to the provision of vocational

rehabilitation services under this subchapter, from which the

mediators described in subparagraph (B) shall be selected.

(D) Cost

The State shall bear the cost of the mediation process.

(E) Scheduling

Each session in the mediation process shall be scheduled in a

timely manner and shall be held in a location that is

convenient to the parties to the dispute.

(F) Agreement

An agreement reached by the parties to the dispute in the

mediation process shall be set forth in a written mediation

agreement.

(G) Confidentiality

Discussions that occur during the mediation process shall be

confidential and may not be used as evidence in any subsequent

due process hearing or civil proceeding. The parties to the

mediation process may be required to sign a confidentiality

pledge prior to the commencement of such process.

(H) Construction

Nothing in this subsection shall be construed to preclude the

parties to such a dispute from informally resolving the dispute

prior to proceedings under this paragraph or paragraph (5), if

the informal process used is not used to deny or delay the

right of the applicant or eligible individual to a hearing

under this subsection or to deny any other right afforded under

this subchapter.

(5) Hearings

(A) Officer

A due process hearing described in paragraph (2) shall be

conducted by an impartial hearing officer who shall issue a

decision based on the provisions of the approved State plan,

this chapter (including regulations implementing this chapter),

and State regulations and policies that are consistent with the

Federal requirements specified in this subchapter. The officer

shall provide the decision in writing to the applicant or

eligible individual, or, as appropriate, the applicant's

representative or individual's representative, and to the

designated State unit.

(B) List

The designated State unit shall maintain a list of qualified

impartial hearing officers who are knowledgeable in laws

(including regulations) relating to the provision of vocational

rehabilitation services under this subchapter from which the

officer described in subparagraph (A) shall be selected. For

the purposes of maintaining such list, impartial hearing

officers shall be identified jointly by -

(i) the designated State unit; and

(ii) members of the Council or commission, as appropriate,

described in section 721(a)(21) of this title.

(C) Selection

Such an impartial hearing officer shall be selected to hear a

particular case relating to a determination -

(i) on a random basis; or

(ii) by agreement between -

(I) the Director of the designated State unit and the

individual with a disability; or

(II) in appropriate cases, the Director and the

individual's representative.

(D) Procedures for seeking review

A State may establish procedures to enable a party involved

in a hearing under this paragraph to seek an impartial review

of the decision of the hearing officer under subparagraph (A)

by -

(i) the chief official of the designated State agency if

the State has established both a designated State agency and

a designated State unit under section 721(a)(2) of this

title; or

(ii) an official from the office of the Governor.

(E) Review request

If the State establishes impartial review procedures under

subparagraph (D), either party may request the review of the

decision of the hearing officer within 20 days after the

decision.

(F) Reviewing official

The reviewing official described in subparagraph (D) shall -

(i) in conducting the review, provide an opportunity for

the submission of additional evidence and information

relevant to a final decision concerning the matter under

review;

(ii) not overturn or modify the decision of the hearing

officer, or part of the decision, that supports the position

of the applicant or eligible individual unless the reviewing

official concludes, based on clear and convincing evidence,

that the decision of the impartial hearing officer is clearly

erroneous on the basis of being contrary to the approved

State plan, this chapter (including regulations implementing

this chapter) or any State regulation or policy that is

consistent with the Federal requirements specified in this

subchapter;

(iii) make a final decision with respect to the matter in a

timely manner and provide such decision in writing to the

applicant or eligible individual, or, as appropriate, the

applicant's representative or individual's representative,

and to the designated State unit, including a full report of

the findings and the grounds for such decision; and

(iv) not delegate the responsibility for making the final

decision to any officer or employee of the designated State

unit.

(G) Finality of hearing decision

A decision made after a hearing under subparagraph (A) shall

be final, except that a party may request an impartial review

if the State has established procedures for such review under

subparagraph (D) and a party involved in a hearing may bring a

civil action under subparagraph (J).

(H) Finality of review

A decision made under subparagraph (F) shall be final unless

such a party brings a civil action under subparagraph (J).

(I) Implementation

If a party brings a civil action under subparagraph (J) to

challenge a final decision of a hearing officer under

subparagraph (A) or to challenge a final decision of a State

reviewing official under subparagraph (F), the final decision

involved shall be implemented pending review by the court.

(J) Civil action

(i) In general

Any party aggrieved by a final decision described in

subparagraph (I), may bring a civil action for review of such

decision. The action may be brought in any State court of

competent jurisdiction or in a district court of the United

States of competent jurisdiction without regard to the amount

in controversy.

(ii) Procedure

In any action brought under this subparagraph, the court -

(I) shall receive the records relating to the hearing

under subparagraph (A) and the records relating to the

State review under subparagraphs (D) through (F), if

applicable;

(II) shall hear additional evidence at the request of a

party to the action; and

(III) basing the decision of the court on the

preponderance of the evidence, shall grant such relief as

the court determines to be appropriate.

(6) Hearing board

(A) In general

A fair hearing board, established by a State before January

1, 1985, and authorized under State law to review

determinations or decisions under this chapter, is authorized

to carry out the responsibilities of the impartial hearing

officer under this subsection.

(B) Application

The provisions of paragraphs (1), (2), and (3) that relate to

due process hearings do not apply, and paragraph (5) (other

than subparagraph (J)) does not apply, to any State to which

subparagraph (A) applies.

(7) Impact on provision of services

Unless the individual with a disability so requests, or, in an

appropriate case, the individual's representative, so requests,

pending a decision by a mediator, hearing officer, or reviewing

officer under this subsection, the designated State unit shall

not institute a suspension, reduction, or termination of services

being provided for the individual, including evaluation and

assessment services and plan development, unless such services

have been obtained through misrepresentation, fraud, collusion,

or criminal conduct on the part of the individual, or the

individual's representative.

(8) Information collection and report

(A) In general

The Director of the designated State unit shall collect

information described in subparagraph (B) and prepare and

submit to the Commissioner a report containing such

information. The Commissioner shall prepare a summary of the

information furnished under this paragraph and include the

summary in the annual report submitted under section 710 of

this title. The Commissioner shall also collect copies of the

final decisions of impartial hearing officers conducting

hearings under this subsection and State officials conducting

reviews under this subsection.

(B) Information

The information required to be collected under this

subsection includes -

(i) a copy of the standards used by State reviewing

officials for reviewing decisions made by impartial hearing

officers under this subsection;

(ii) information on the number of hearings and reviews

sought from the impartial hearing officers and the State

reviewing officials, including the type of complaints and the

issues involved;

(iii) information on the number of hearing decisions made

under this subsection that were not reviewed by the State

reviewing officials; and

(iv) information on the number of the hearing decisions

that were reviewed by the State reviewing officials, and,

based on such reviews, the number of hearing decisions that

were -

(I) sustained in favor of an applicant or eligible

individual;

(II) sustained in favor of the designated State unit;

(III) reversed in whole or in part in favor of the

applicant or eligible individual; and

(IV) reversed in whole or in part in favor of the

designated State unit.

(C) Confidentiality

The confidentiality of records of applicants and eligible

individuals maintained by the designated State unit shall not

preclude the access of the Commissioner to those records for

the purposes described in subparagraph (A).

(d) Policies and procedures

Each designated State agency, in consultation with the State

Rehabilitation Council, if the State has such a council, shall,

consistent with section 720(a)(3)(C) of this title, develop and

implement written policies and procedures that enable each

individual who is an applicant for or eligible to receive

vocational rehabilitation services under this subchapter to

exercise informed choice throughout the vocational rehabilitation

process carried out under this subchapter, including policies and

procedures that require the designated State agency -

(1) to inform each such applicant and eligible individual

(including students with disabilities who are making the

transition from programs under the responsibility of an

educational agency to programs under the responsibility of the

designated State unit), through appropriate modes of

communication, about the availability of, and opportunities to

exercise, informed choice, including the availability of support

services for individuals with cognitive or other disabilities who

require assistance in exercising informed choice, throughout the

vocational rehabilitation process;

(2) to assist applicants and eligible individuals in exercising

informed choice in decisions related to the provision of

assessment services under this subchapter;

(3) to develop and implement flexible procurement policies and

methods that facilitate the provision of services, and that

afford eligible individuals meaningful choices among the methods

used to procure services, under this subchapter;

(4) to provide or assist eligible individuals in acquiring

information that enables those individuals to exercise informed

choice under this subchapter in the selection of -

(A) the employment outcome;

(B) the specific vocational rehabilitation services needed to

achieve the employment outcome;

(C) the entity that will provide the services;

(D) the employment setting and the settings in which the

services will be provided; and

(E) the methods available for procuring the services; and

(5) to ensure that the availability and scope of informed

choice provided under this section is consistent with the

obligations of the designated State agency under this subchapter.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 102, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1138; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(c)(5)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-415.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(3)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI

of the Act are classified generally to subchapters II (Sec. 401 et

seq.) and XVI (Sec. 1381 et seq.), respectively, of chapter 7 of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 722, Pub. L. 93-112, title I, Sec. 102, Sept. 26,

1973, 87 Stat. 368; Pub. L. 93-516, title I, Sec. 111(e), Dec. 7,

1974, 88 Stat. 1620; Pub. L. 93-651, title I, Sec. 111(e), Nov. 21,

1974, 89 Stat. 2-5; Pub. L. 95-602, title I, Secs. 103, 122(b)(1),

Nov. 6, 1978, 92 Stat. 2959, 2987; Pub. L. 98-221, title I, Secs.

104(a)(3), 112, Feb. 22, 1984, 98 Stat. 18, 20; Pub. L. 99-506,

title I, Sec. 103(d)(2)(A), (B), title II, Sec. 203, title X, Sec.

1001(b)(5), Oct. 21, 1986, 100 Stat. 1810, 1815, 1842; Pub. L.

100-630, title II, Sec. 202(c), Nov. 7, 1988, 102 Stat. 3305; Pub.

L. 102-569, title I, Secs. 102(p)(8), 123, Oct. 29, 1992, 106 Stat.

4357, 4375; Pub. L. 103-73, title I, Sec. 107(b), Aug. 11, 1993,

107 Stat. 720, related to individualized written rehabilitation

program, prior to the general amendment of this subchapter by Pub.

L. 105-220.

AMENDMENTS

1998 - Subsec. (c)(5)(F)(iv). Pub. L. 105-277 added cl. (iv).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 721, 723, 795, 795k

of this title.

-End-

-CITE-

29 USC Sec. 723 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 723. Vocational rehabilitation services

-STATUTE-

(a) Vocational rehabilitation services for individuals

Vocational rehabilitation services provided under this subchapter

are any services described in an individualized plan for employment

necessary to assist an individual with a disability in preparing

for, securing, retaining, or regaining an employment outcome that

is consistent with the strengths, resources, priorities, concerns,

abilities, capabilities, interests, and informed choice of the

individual, including -

(1) an assessment for determining eligibility and vocational

rehabilitation needs by qualified personnel, including, if

appropriate, an assessment by personnel skilled in rehabilitation

technology;

(2) counseling and guidance, including information and support

services to assist an individual in exercising informed choice

consistent with the provisions of section 722(d) of this title;

(3) referral and other services to secure needed services from

other agencies through agreements developed under section

721(a)(11) of this title, if such services are not available

under this subchapter;

(4) job-related services, including job search and placement

assistance, job retention services, followup services, and

follow-along services;

(5) vocational and other training services, including the

provision of personal and vocational adjustment services, books,

tools, and other training materials, except that no training

services provided at an institution of higher education shall be

paid for with funds under this subchapter unless maximum efforts

have been made by the designated State unit and the individual to

secure grant assistance, in whole or in part, from other sources

to pay for such training;

(6) to the extent that financial support is not readily

available from a source (such as through health insurance of the

individual or through comparable services and benefits consistent

with section 721(a)(8)(A) of this title), other than the

designated State unit, diagnosis and treatment of physical and

mental impairments, including -

(A) corrective surgery or therapeutic treatment necessary to

correct or substantially modify a physical or mental condition

that constitutes a substantial impediment to employment, but is

of such a nature that such correction or modification may

reasonably be expected to eliminate or reduce such impediment

to employment within a reasonable length of time;

(B) necessary hospitalization in connection with surgery or

treatment;

(C) prosthetic and orthotic devices;

(D) eyeglasses and visual services as prescribed by qualified

personnel who meet State licensure laws and who are selected by

the individual;

(E) special services (including transplantation and

dialysis), artificial kidneys, and supplies necessary for the

treatment of individuals with end-stage renal disease; and

(F) diagnosis and treatment for mental and emotional

disorders by qualified personnel who meet State licensure laws;

(7) maintenance for additional costs incurred while

participating in an assessment for determining eligibility and

vocational rehabilitation needs or while receiving services under

an individualized plan for employment;

(8) transportation, including adequate training in the use of

public transportation vehicles and systems, that is provided in

connection with the provision of any other service described in

this section and needed by the individual to achieve an

employment outcome;

(9) on-the-job or other related personal assistance services

provided while an individual is receiving other services

described in this section;

(10) interpreter services provided by qualified personnel for

individuals who are deaf or hard of hearing, and reader services

for individuals who are determined to be blind, after an

examination by qualified personnel who meet State licensure laws;

(11) rehabilitation teaching services, and orientation and

mobility services, for individuals who are blind;

(12) occupational licenses, tools, equipment, and initial

stocks and supplies;

(13) technical assistance and other consultation services to

conduct market analyses, develop business plans, and otherwise

provide resources, to the extent such resources are authorized to

be provided through the statewide workforce investment system, to

eligible individuals who are pursuing self-employment or

telecommuting or establishing a small business operation as an

employment outcome;

(14) rehabilitation technology, including telecommunications,

sensory, and other technological aids and devices;

(15) transition services for students with disabilities, that

facilitate the achievement of the employment outcome identified

in the individualized plan for employment;

(16) supported employment services;

(17) services to the family of an individual with a disability

necessary to assist the individual to achieve an employment

outcome; and

(18) specific post-employment services necessary to assist an

individual with a disability to, retain, regain, or advance in

employment.

(b) Vocational rehabilitation services for groups of individuals

Vocational rehabilitation services provided for the benefit of

groups of individuals with disabilities may also include the

following:

(1) In the case of any type of small business operated by

individuals with significant disabilities the operation of which

can be improved by management services and supervision provided

by the designated State agency, the provision of such services

and supervision, along or together with the acquisition by the

designated State agency of vending facilities or other equipment

and initial stocks and supplies.

(2)(A) The establishment, development, or improvement of

community rehabilitation programs, including, under special

circumstances, the construction of a facility. Such programs

shall be used to provide services that promote integration and

competitive employment.

(B) The provision of other services, that promise to contribute

substantially to the rehabilitation of a group of individuals but

that are not related directly to the individualized plan for

employment of any 1 individual with a disability.

(3) The use of telecommunications systems (including telephone,

television, satellite, radio, and other similar systems) that

have the potential for substantially improving delivery methods

of activities described in this section and developing

appropriate programming to meet the particular needs of

individuals with disabilities.

(4)(A) Special services to provide nonvisual access to

information for individuals who are blind, including the use of

telecommunications, Braille, sound recordings, or other

appropriate media.

(B) Captioned television, films, or video cassettes for

individuals who are deaf or hard of hearing.

(C) Tactile materials for individuals who are deaf-blind.

(D) Other special services that provide information through

tactile, vibratory, auditory, and visual media.

(5) Technical assistance and support services to businesses

that are not subject to title I of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and that are

seeking to employ individuals with disabilities.

(6) Consultative and technical assistance services to assist

educational agencies in planning for the transition of students

with disabilities from school to post-school activities,

including employment.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 103, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1148.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(5), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended. Title I of the Act is classified generally to

subchapter I (Sec. 12111 et seq.) of chapter 126 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 12101 of

Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 723, Pub. L. 93-112, title I, Sec. 103, Sept. 26,

1973, 87 Stat. 368; Pub. L. 95-602, title I, Sec. 104, Nov. 6,

1978, 92 Stat. 2960; Pub. L. 99-506, title I, Sec. 103(d)(2), title

II, Sec. 204, Oct. 21, 1986, 100 Stat. 1810, 1817; Pub. L. 100-630,

title II, Sec. 202(d), Nov. 7, 1988, 102 Stat. 3305; Pub. L.

102-569, title I, Secs. 102(p)(9), 124, Oct. 29, 1992, 106 Stat.

4357, 4379; Pub. L. 103-73, title I, Sec. 107(c), Aug. 11, 1993,

107 Stat. 721, related to scope of vocational rehabilitation

services, prior to the general amendment of this subchapter by Pub.

L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 721, 773 of this

title.

-End-

-CITE-

29 USC Sec. 724 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 724. Non-Federal share for establishment of program or

construction

-STATUTE-

For the purpose of determining the amount of payments to States

for carrying out part B of this subchapter (or to an Indian tribe

under part C of this subchapter), the non-Federal share, subject to

such limitations and conditions as may be prescribed in regulations

by the Commissioner, shall include contributions of funds made by

any private agency, organization, or individual to a State or local

agency to assist in meeting the costs of establishment of a

community rehabilitation program or construction, under special

circumstances, of a facility for such a program, which would be

regarded as State or local funds except for the condition, imposed

by the contributor, limiting use of such funds to establishment of

such a program or construction of such a facility.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 104, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1151.)

-MISC1-

PRIOR PROVISIONS

A prior section 724, Pub. L. 93-112, title I, Sec. 104, Sept. 26,

1973, 87 Stat. 370; Pub. L. 95-602, title I, Sec. 122(b)(1), Nov.

6, 1978, 92 Stat. 2987; Pub. L. 99-506, title II, Sec. 205, Oct.

21, 1986, 100 Stat. 1817; Pub. L. 102-569, title I, Sec. 125, Oct.

29, 1992, 106 Stat. 4381, related to non-Federal share for

construction, prior to the general amendment of this subchapter by

Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 725 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 725. State Rehabilitation Council

-STATUTE-

(a) Establishment

(1) In general

Except as provided in section 721(a)(21)(A)(i) of this title,

to be eligible to receive financial assistance under this

subchapter a State shall establish a State Rehabilitation Council

(referred to in this section as the "Council") in accordance with

this section.

(2) Separate agency for individuals who are blind

A State that designates a State agency to administer the part

of the State plan under which vocational rehabilitation services

are provided for individuals who are blind under section

721(a)(2)(A)(i) of this title may establish a separate Council in

accordance with this section to perform the duties of such a

Council with respect to such State agency.

(b) Composition and appointment

(1) Composition

(A) In general

Except in the case of a separate Council established under

subsection (a)(2) of this section, the Council shall be

composed of -

(i) at least one representative of the Statewide

Independent Living Council established under section 796d of

this title, which representative may be the chairperson or

other designee of the Council;

(ii) at least one representative of a parent training and

information center established pursuant to section 682(a) of

the Individuals with Disabilities Education Act [20 U.S.C.

1482(a)] (as added by section 101 of the Individuals with

Disabilities Education Act Amendments of 1997; Public Law

105-17);

(iii) at least one representative of the client assistance

program established under section 732 of this title;

(iv) at least one qualified vocational rehabilitation

counselor, with knowledge of and experience with vocational

rehabilitation programs, who shall serve as an ex officio,

nonvoting member of the Council if the counselor is an

employee of the designated State agency;

(v) at least one representative of community rehabilitation

program service providers;

(vi) four representatives of business, industry, and labor;

(vii) representatives of disability advocacy groups

representing a cross section of -

(I) individuals with physical, cognitive, sensory, and

mental disabilities; and

(II) individuals' representatives of individuals with

disabilities who have difficulty in representing themselves

or are unable due to their disabilities to represent

themselves;

(viii) current or former applicants for, or recipients of,

vocational rehabilitation services;

(ix) in a State in which one or more projects are carried

out under section 741 of this title, at least one

representative of the directors of the projects;

(x) at least one representative of the State educational

agency responsible for the public education of students with

disabilities who are eligible to receive services under this

subchapter and part B of the Individuals with Disabilities

Education Act [20 U.S.C. 1411 et seq.]; and

(xi) at least one representative of the State workforce

investment board.

(B) Separate Council

In the case of a separate Council established under

subsection (a)(2) of this section, the Council shall be

composed of -

(i) at least one representative described in subparagraph

(A)(i);

(ii) at least one representative described in subparagraph

(A)(ii);

(iii) at least one representative described in subparagraph

(A)(iii);

(iv) at least one vocational rehabilitation counselor

described in subparagraph (A)(iv), who shall serve as

described in such subparagraph;

(v) at least one representative described in subparagraph

(A)(v);

(vi) four representatives described in subparagraph

(A)(vi);

(vii) at least one representative of a disability advocacy

group representing individuals who are blind;

(viii) at least one individual's representative, of an

individual who -

(I) is an individual who is blind and has multiple

disabilities; and

(II) has difficulty in representing himself or herself or

is unable due to disabilities to represent himself or

herself;

(ix) applicants or recipients described in subparagraph

(A)(viii);

(x) in a State described in subparagraph (A)(ix), at least

one representative described in such subparagraph;

(xi) at least one representative described in subparagraph

(A)(x); and

(xii) at least one representative described in subparagraph

(A)(xi).

(C) Exception

In the case of a separate Council established under

subsection (a)(2) of this section, any Council that is required

by State law, as in effect on October 29, 1992, to have fewer

than 15 members shall be deemed to be in compliance with

subparagraph (B) if the Council -

(i) meets the requirements of subparagraph (B), other than

the requirements of clauses (vi) and (ix) of such

subparagraph; and

(ii) includes at least -

(I) one representative described in subparagraph (B)(vi);

and

(II) one applicant or recipient described in subparagraph

(B)(ix).

(2) Ex officio member

The Director of the designated State unit shall be an ex

officio, nonvoting member of the Council.

(3) Appointment

Members of the Council shall be appointed by the Governor or,

in the case of a State that, under State law, vests authority for

the administration of the activities carried out under this

chapter in an entity other than the Governor (such as one or more

houses of the State legislature or an independent board), the

chief officer of that entity. The appointing authority shall

select members after soliciting recommendations from

representatives of organizations representing a broad range of

individuals with disabilities and organizations interested in

individuals with disabilities. In selecting members, the

appointing authority shall consider, to the greatest extent

practicable, the extent to which minority populations are

represented on the Council.

(4) Qualifications

(A) In general

A majority of Council members shall be persons who are -

(i) individuals with disabilities described in section

705(20)(B) of this title; and

(ii) not employed by the designated State unit.

(B) Separate Council

In the case of a separate Council established under

subsection (a)(2) of this section, a majority of Council

members shall be persons who are -

(i) blind; and

(ii) not employed by the designated State unit.

(5) Chairperson

(A) In general

Except as provided in subparagraph (B), the Council shall

select a chairperson from among the membership of the Council.

(B) Designation by chief executive officer

In States in which the chief executive officer does not have

veto power pursuant to State law, the appointing authority

described in paragraph (3) shall designate a member of the

Council to serve as the chairperson of the Council or shall

require the Council to so designate such a member.

(6) Terms of appointment

(A) Length of term

Each member of the Council shall serve for a term of not more

than 3 years, except that -

(i) a member appointed to fill a vacancy occurring prior to

the expiration of the term for which a predecessor was

appointed, shall be appointed for the remainder of such term;

and

(ii) the terms of service of the members initially

appointed shall be (as specified by the appointing authority

described in paragraph (3)) for such fewer number of years as

will provide for the expiration of terms on a staggered

basis.

(B) Number of terms

No member of the Council, other than a representative

described in clause (iii) or (ix) of paragraph (1)(A), or

clause (iii) or (x) of paragraph (1)(B), may serve more than

two consecutive full terms.

(7) Vacancies

(A) In general

Except as provided in subparagraph (B), any vacancy occurring

in the membership of the Council shall be filled in the same

manner as the original appointment. The vacancy shall not

affect the power of the remaining members to execute the duties

of the Council.

(B) Delegation

The appointing authority described in paragraph (3) may

delegate the authority to fill such a vacancy to the remaining

members of the Council after making the original appointment.

(c) Functions of Council

The Council shall, after consulting with the State workforce

investment board -

(1) review, analyze, and advise the designated State unit

regarding the performance of the responsibilities of the unit

under this subchapter, particularly responsibilities relating to

-

(A) eligibility (including order of selection);

(B) the extent, scope, and effectiveness of services

provided; and

(C) functions performed by State agencies that affect or that

potentially affect the ability of individuals with disabilities

in achieving employment outcomes under this subchapter;

(2) in partnership with the designated State unit -

(A) develop, agree to, and review State goals and priorities

in accordance with section 721(a)(15)(C) of this title; and

(B) evaluate the effectiveness of the vocational

rehabilitation program and submit reports of progress to the

Commissioner in accordance with section 721(a)(15)(E) of this

title;

(3) advise the designated State agency and the designated State

unit regarding activities authorized to be carried out under this

subchapter, and assist in the preparation of the State plan and

amendments to the plan, applications, reports, needs assessments,

and evaluations required by this subchapter;

(4) to the extent feasible, conduct a review and analysis of

the effectiveness of, and consumer satisfaction with -

(A) the functions performed by the designated State agency;

(B) vocational rehabilitation services provided by State

agencies and other public and private entities responsible for

providing vocational rehabilitation services to individuals

with disabilities under this chapter; and

(C) employment outcomes achieved by eligible individuals

receiving services under this subchapter, including the

availability of health and other employment benefits in

connection with such employment outcomes;

(5) prepare and submit an annual report to the Governor and the

Commissioner on the status of vocational rehabilitation programs

operated within the State, and make the report available to the

public;

(6) to avoid duplication of efforts and enhance the number of

individuals served, coordinate activities with the activities of

other councils within the State, including the Statewide

Independent Living Council established under section 796d of this

title, the advisory panel established under section 612(a)(21) of

the Individual (!1) with Disabilities Education Act [20 U.S.C.

1412(a)(21)] (as amended by section 101 of the Individuals with

Disabilities Education Act Amendments of 1997; Public Law

105-17), the State Council on Developmental Disabilities

established under section 15025 of title 42, the State mental

health planning council established under section 300x-3(a) of

title 42, and the State workforce investment board;

(7) provide for coordination and the establishment of working

relationships between the designated State agency and the

Statewide Independent Living Council and centers for independent

living within the State; and

(8) perform such other functions, consistent with the purpose

of this subchapter, as the State Rehabilitation Council

determines to be appropriate, that are comparable to the other

functions performed by the Council.

(d) Resources

(1) Plan

The Council shall prepare, in conjunction with the designated

State unit, a plan for the provision of such resources, including

such staff and other personnel, as may be necessary and

sufficient to carry out the functions of the Council under this

section. The resource plan shall, to the maximum extent possible,

rely on the use of resources in existence during the period of

implementation of the plan.

(2) Resolution of disagreements

To the extent that there is a disagreement between the Council

and the designated State unit in regard to the resources

necessary to carry out the functions of the Council as set forth

in this section, the disagreement shall be resolved by the

Governor consistent with paragraph (1).

(3) Supervision and evaluation

Each Council shall, consistent with State law, supervise and

evaluate such staff and other personnel as may be necessary to

carry out its functions under this section.

(4) Personnel conflict of interest

While assisting the Council in carrying out its duties, staff

and other personnel shall not be assigned duties by the

designated State unit or any other agency or office of the State,

that would create a conflict of interest.

(e) Conflict of interest

No member of the Council shall cast a vote on any matter that

would provide direct financial benefit to the member or otherwise

give the appearance of a conflict of interest under State law.

(f) Meetings

The Council shall convene at least four meetings a year in such

places as it determines to be necessary to conduct Council business

and conduct such forums or hearings as the Council considers

appropriate. The meetings, hearings, and forums shall be publicly

announced. The meetings shall be open and accessible to the general

public unless there is a valid reason for an executive session.

(g) Compensation and expenses

The Council may use funds allocated to the Council by the

designated State unit under this subchapter (except for funds

appropriated to carry out the client assistance program under

section 732 of this title and funds reserved pursuant to section

730(c) of this title to carry out part C of this subchapter) to

reimburse members of the Council for reasonable and necessary

expenses of attending Council meetings and performing Council

duties (including child care and personal assistance services), and

to pay compensation to a member of the Council, if such member is

not employed or must forfeit wages from other employment, for each

day the member is engaged in performing the duties of the Council.

(h) Hearings and forums

The Council is authorized to hold such hearings and forums as the

Council may determine to be necessary to carry out the duties of

the Council.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 105, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1151; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(c)(6)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-415; Pub. L. 106-402, title IV, Sec.

401(b)(3)(A), Oct. 30, 2000, 114 Stat. 1737.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (b)(1)(A)(x), is title VI of Pub. L. 91-230, Apr. 13, 1970,

84 Stat. 175, as amended. Part B of the Act is classified generally

to subchapter II (Sec. 1411 et seq.) of chapter 33 of Title 20,

Education. For complete classification of this Act to the Code, see

section 1400 of Title 20 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 725, Pub. L. 93-112, title I, Sec. 105, as added

Pub. L. 102-569, title I, Sec. 126(a), Oct. 29, 1992, 106 Stat.

4381; amended Pub. L. 103-73, title I, Sec. 107(d)(1), Aug. 11,

1993, 107 Stat. 721, related to State Rehabilitation Advisory

Council, prior to the general amendment of this subchapter by Pub.

L. 105-220.

AMENDMENTS

2000 - Subsec. (c)(6). Pub. L. 106-402 substituted "the State

Council on Developmental Disabilities established under section

15025 of title 42" for "the State Developmental Disabilities

Council described in section 6024 of title 42".

1998 - Subsec. (b)(3). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 402(c)(6)(A)], substituted "Governor or, in the case of a

State that, under State law, vests authority for the administration

of the activities carried out under this chapter in an entity other

than the Governor (such as one or more houses of the State

legislature or an independent board), the chief officer of that

entity" for "Governor" in first sentence and "appointing authority"

for "Governor" in second and third sentences.

Subsec. (b)(4)(A)(i). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 402(c)(6)(B)], substituted "section 705(20)(B)" for "section

705(20)(A)".

Subsec. (b)(5)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

402(c)(6)(C)], substituted "chief executive officer" for "Governor"

in heading and "appointing authority described in paragraph (3)

shall" for "Governor shall" in text.

Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105-277, Sec. 101(f)

[title VIII, Sec. 402(c)(6)(D)], substituted "appointing authority

described in paragraph (3)" for "Governor".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 721, 727, 796d of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Individuals".

-End-

-CITE-

29 USC Sec. 726 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 726. Evaluation standards and performance indicators

-STATUTE-

(a) Establishment

(1) In general

(A) Establishment of standards and indicators

The Commissioner shall, not later than July 1, 1999,

establish and publish evaluation standards and performance

indicators for the vocational rehabilitation program carried

out under this subchapter.

(B) Review and revision

Effective July 1, 1999, the Commissioner shall review and, if

necessary, revise the evaluation standards and performance

indicators every 3 years. Any revisions of the standards and

indicators shall be developed with input from State vocational

rehabilitation agencies, related professional and consumer

organizations, recipients of vocational rehabilitation

services, and other interested parties. Any revisions of the

standards and indicators shall be subject to the publication,

review, and comment provisions of paragraph (3).

(C) Bases

Effective July 1, 1999, to the maximum extent practicable,

the standards and indicators shall be consistent with the core

indicators of performance established under section 2871(b) of

this title.

(2) Measures

The standards and indicators shall include outcome and related

measures of program performance that facilitate the

accomplishment of the purpose and policy of this subchapter.

(3) Comment

The standards and indicators shall be developed with input from

State vocational rehabilitation agencies, related professional

and consumer organizations, recipients of vocational

rehabilitation services, and other interested parties. The

Commissioner shall publish in the Federal Register a notice of

intent to regulate regarding the development of proposed

standards and indicators. Proposed standards and indicators shall

be published in the Federal Register for review and comment.

Final standards and indicators shall be published in the Federal

Register.

(b) Compliance

(1) State reports

In accordance with regulations established by the Secretary,

each State shall report to the Commissioner after the end of each

fiscal year the extent to which the State is in compliance with

the standards and indicators.

(2) Program improvement

(A) Plan

If the Commissioner determines that the performance of any

State is below established standards, the Commissioner shall

provide technical assistance to the State, and the State and

the Commissioner shall jointly develop a program improvement

plan outlining the specific actions to be taken by the State to

improve program performance.

(B) Review

The Commissioner shall -

(i) review the program improvement efforts of the State on

a biannual basis and, if necessary, request the State to make

further revisions to the plan to improve performance; and

(ii) continue to conduct such reviews and request such

revisions until the State sustains satisfactory performance

over a period of more than 1 year.

(c) Withholding

If the Commissioner determines that a State whose performance

falls below the established standards has failed to enter into a

program improvement plan, or is not complying substantially with

the terms and conditions of such a program improvement plan, the

Commissioner shall, consistent with subsections (c) and (d) of

section 727 of this title, reduce or make no further payments to

the State under this program, until the State has entered into an

approved program improvement plan, or satisfies the Commissioner

that the State is complying substantially with the terms and

conditions of such a program improvement plan, as appropriate.

(d) Report to Congress

Beginning in fiscal year 1999, the Commissioner shall include in

each annual report to the Congress under section 710 of this title

an analysis of program performance, including relative State

performance, based on the standards and indicators.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 106, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1156.)

-MISC1-

PRIOR PROVISIONS

A prior section 726, Pub. L. 93-112, title I, Sec. 106, as added

Pub. L. 102-569, title I, Sec. 127(a), Oct. 29, 1992, 106 Stat.

4385, related to evaluation standards and performance indicators,

prior to the general amendment of this subchapter by Pub. L.

105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 721, 727 of this title.

-End-

-CITE-

29 USC Sec. 727 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 727. Monitoring and review

-STATUTE-

(a) In general

(1) Duties

In carrying out the duties of the Commissioner under this

subchapter, the Commissioner shall -

(A) provide for the annual review and periodic onsite

monitoring of programs under this subchapter; and

(B) determine whether, in the administration of the State

plan, a State is complying substantially with the provisions of

such plan and with evaluation standards and performance

indicators established under section 726 of this title.

(2) Procedures for reviews

In conducting reviews under this section the Commissioner shall

consider, at a minimum -

(A) State policies and procedures;

(B) guidance materials;

(C) decisions resulting from hearings conducted in accordance

with due process;

(D) State goals established under section 721(a)(15) of this

title and the extent to which the State has achieved such

goals;

(E) plans and reports prepared under section 726(b) of this

title;

(F) consumer satisfaction reviews and analyses described in

section 725(c)(4) of this title;

(G) information provided by the State Rehabilitation Council

established under section 725 of this title, if the State has

such a Council, or by the commission described in section

721(a)(21)(A)(i) of this title, if the State has such a

commission;

(H) reports; and

(I) budget and financial management data.

(3) Procedures for monitoring

In conducting monitoring under this section the Commissioner

shall conduct -

(A) onsite visits, including onsite reviews of records to

verify that the State is following requirements regarding the

order of selection set forth in section 721(a)(5)(A) of this

title;

(B) public hearings and other strategies for collecting

information from the public;

(C) meetings with the State Rehabilitation Council, if the

State has such a Council or with the commission described in

section 721(a)(21)(A)(i) of this title, if the State has such a

commission;

(D) reviews of individual case files, including

individualized plans for employment and ineligibility

determinations; and

(E) meetings with qualified vocational rehabilitation

counselors and other personnel.

(4) Areas of inquiry

In conducting the review and monitoring, the Commissioner shall

examine -

(A) the eligibility process;

(B) the provision of services, including, if applicable, the

order of selection;

(C) such other areas as may be identified by the public or

through meetings with the State Rehabilitation Council, if the

State has such a Council or with the commission described in

section 721(a)(21)(A)(i) of this title, if the State has such a

commission; and

(D) such other areas of inquiry as the Commissioner may

consider appropriate.

(5) Reports

If the Commissioner issues a report detailing the findings of

an annual review or onsite monitoring conducted under this

section, the report shall be made available to the State

Rehabilitation Council, if the State has such a Council, for use

in the development and modification of the State plan described

in section 721 of this title.

(b) Technical assistance

The Commissioner shall -

(1) provide technical assistance to programs under this

subchapter regarding improving the quality of vocational

rehabilitation services provided; and

(2) provide technical assistance and establish a corrective

action plan for a program under this subchapter if the

Commissioner finds that the program fails to comply substantially

with the provisions of the State plan, or with evaluation

standards or performance indicators established under section 726

of this title, in order to ensure that such failure is corrected

as soon as practicable.

(c) Failure to comply with plan

(1) Withholding payments

Whenever the Commissioner, after providing reasonable notice

and an opportunity for a hearing to the State agency

administering or supervising the administration of the State plan

approved under section 721 of this title, finds that -

(A) the plan has been so changed that it no longer complies

with the requirements of section 721(a) of this title; or

(B) in the administration of the plan there is a failure to

comply substantially with any provision of such plan or with an

evaluation standard or performance indicator established under

section 726 of this title,

the Commissioner shall notify such State agency that no further

payments will be made to the State under this subchapter (or, in

the discretion of the Commissioner, that such further payments

will be reduced, in accordance with regulations the Commissioner

shall prescribe, or that further payments will not be made to the

State only for the projects under the parts of the State plan

affected by such failure), until the Commissioner is satisfied

there is no longer any such failure.

(2) Period

Until the Commissioner is so satisfied, the Commissioner shall

make no further payments to such State under this subchapter (or

shall reduce payments or limit payments to projects under those

parts of the State plan in which there is no such failure).

(3) Disbursal of withheld funds

The Commissioner may, in accordance with regulations the

Secretary shall prescribe, disburse any funds withheld from a

State under paragraph (1) to any public or nonprofit private

organization or agency within such State or to any political

subdivision of such State submitting a plan meeting the

requirements of section 721(a) of this title. The Commissioner

may not make any payment under this paragraph unless the entity

to which such payment is made has provided assurances to the

Commissioner that such entity will contribute, for purposes of

carrying out such plan, the same amount as the State would have

been obligated to contribute if the State received such payment.

(d) Review

(1) Petition

Any State that is dissatisfied with a final determination of

the Commissioner under section 721(b) of this title or subsection

(c) of this section may file a petition for judicial review of

such determination in the United States Court of Appeals for the

circuit in which the State is located. Such a petition may be

filed only within the 30-day period beginning on the date that

notice of such final determination was received by the State. The

clerk of the court shall transmit a copy of the petition to the

Commissioner or to any officer designated by the Commissioner for

that purpose. In accordance with section 2112 of title 28, the

Commissioner shall file with the court a record of the proceeding

on which the Commissioner based the determination being appealed

by the State. Until a record is so filed, the Commissioner may

modify or set aside any determination made under such

proceedings.

(2) Submissions and determinations

If, in an action under this subsection to review a final

determination of the Commissioner under section 721(b) of this

title or subsection (c) of this section, the petitioner or the

Commissioner applies to the court for leave to have additional

oral submissions or written presentations made respecting such

determination, the court may, for good cause shown, order the

Commissioner to provide within 30 days an additional opportunity

to make such submissions and presentations. Within such period,

the Commissioner may revise any findings of fact, modify or set

aside the determination being reviewed, or make a new

determination by reason of the additional submissions and

presentations, and shall file such modified or new determination,

and any revised findings of fact, with the return of such

submissions and presentations. The court shall thereafter review

such new or modified determination.

(3) Standards of review

(A) In general

Upon the filing of a petition under paragraph (1) for

judicial review of a determination, the court shall have

jurisdiction -

(i) to grant appropriate relief as provided in chapter 7 of

title 5, except for interim relief with respect to a

determination under subsection (c) of this section; and

(ii) except as otherwise provided in subparagraph (B), to

review such determination in accordance with chapter 7 of

title 5.

(B) Substantial evidence

Section 706 of title 5 shall apply to the review of any

determination under this subsection, except that the standard

for review prescribed by paragraph (2)(E) of such section 706

shall not apply and the court shall hold unlawful and set aside

such determination if the court finds that the determination is

not supported by substantial evidence in the record of the

proceeding submitted pursuant to paragraph (1), as supplemented

by any additional submissions and presentations filed under

paragraph (2).

-SOURCE-

(Pub. L. 93-112, title I, Sec. 107, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1157.)

-MISC1-

PRIOR PROVISIONS

A prior section 727, Pub. L. 93-112, title I, Sec. 107, as added

Pub. L. 102-569, title I, Sec. 128(a), Oct. 29, 1992, 106 Stat.

4386, related to monitoring and review, prior to the general

amendment of this subchapter by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 721, 726, 796d-1 of this

title.

-End-

-CITE-

29 USC Sec. 728 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 728. Expenditure of certain amounts

-STATUTE-

(a) Expenditure

Amounts described in subsection (b) of this section may not be

expended by a State for any purpose other than carrying out

programs for which the State receives financial assistance under

this subchapter, under part B of subchapter VI of this chapter, or

under subchapter VII of this chapter.

(b) Amounts

The amounts referred to in subsection (a) of this section are

amounts provided to a State under the Social Security Act (42

U.S.C. 301 et seq.) as reimbursement for the expenditure of

payments received by the State from allotments under section 730 of

this title.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 108, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1160.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified

generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see section 1305 of Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 728, Pub. L. 93-112, title I, Sec. 108, as added

Pub. L. 102-569, title I, Sec. 129(a), Oct. 29, 1992, 106 Stat.

4389, related to expenditure of certain amounts, prior to the

general amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 728a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part A - General Provisions

-HEAD-

Sec. 728a. Training of employers with respect to Americans with

Disabilities Act of 1990

-STATUTE-

A State may expend payments received under section 731 of this

title -

(1) to carry out a program to train employers with respect to

compliance with the requirements of title I of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); and

(2) to inform employers of the existence of the program and the

availability of the services of the program.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 109, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1160.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in par.

(1), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended.

Title I of the Act is classified generally to subchapter I (Sec.

12111 et seq.) of chapter 126 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 12101 of Title 42 and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 728a, Pub. L. 93-112, title I, Sec. 109, as added

Pub. L. 102-569, title I, Sec. 130(a), Oct. 29, 1992, 106 Stat.

4389, related to training of employers with respect to Americans

with Disabilities Act of 1990, prior to the general amendment of

this subchapter by Pub. L. 105-220.

-End-

-CITE-

29 USC Part B - Basic Vocational Rehabilitation Services 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part B - Basic Vocational Rehabilitation Services

-HEAD-

PART B - BASIC VOCATIONAL REHABILITATION SERVICES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 705, 716, 720, 721, 724, 751

of this title.

-End-

-CITE-

29 USC Sec. 730 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part B - Basic Vocational Rehabilitation Services

-HEAD-

Sec. 730. State allotments

-STATUTE-

(a) Computation; additional amount; minimum amount; adjustments

(1) Subject to the provisions of subsection (c) of this section,

for each fiscal year beginning before October 1, 1978, each State

shall be entitled to an allotment of an amount bearing the same

ratio to the amount authorized to be appropriated under section

720(b)(1) of this title for allotment under this section as the

product of -

(A) the population of the State; and

(B) the square of its allotment percentage,

bears to the sum of the corresponding products for all the States.

(2)(A) For each fiscal year beginning on or after October 1,

1978, each State shall be entitled to an allotment in an amount

equal to the amount such State received under paragraph (1) for the

fiscal year ending September 30, 1978, and an additional amount

determined pursuant to subparagraph (B) of this paragraph.

(B) For each fiscal year beginning on or after October 1, 1978,

each State shall be entitled to an allotment, from any amount

authorized to be appropriated for such fiscal year under section

720(b)(1) of this title for allotment under this section in excess

of the amount appropriated under section 720(b)(1)(A) (!1) of this

title for the fiscal year ending September 30, 1978, in an amount

equal to the sum of -

(i) an amount bearing the same ratio to 50 percent of such

excess amount as the product of the population of the State and

the square of its allotment percentage bears to the sum of the

corresponding products for all the States; and

(ii) an amount bearing the same ratio to 50 percent of such

excess amount as the product of the population of the State and

its allotment percentage bears to the sum of the corresponding

products for all the States.

(3) The sum of the payment to any State (other than Guam,

American Samoa, the Virgin Islands, and the Commonwealth of the

Northern Mariana Islands) under this subsection for any fiscal year

which is less than 1/3 of 1 percent of the amount appropriated

under section 720(b)(1) of this title, or $3,000,000, whichever is

greater, shall be increased to that amount, the total of the

increases thereby required being derived by proportionately

reducing the allotment to each of the remaining such States under

this subsection, but with such adjustments as may be necessary to

prevent the sum of the allotments made under this subsection to any

such remaining State from being thereby reduced to less than that

amount.

(b) Unused funds; redistribution; increase in amount

(1) Not later than 45 days prior to the end of the fiscal year,

the Commissioner shall determine, after reasonable opportunity for

the submission to the Commissioner of comments by the State agency

administering or supervising the program established under this

subchapter, that any payment of an allotment to a State under

section 731(a) of this title for any fiscal year will not be

utilized by such State in carrying out the purposes of this

subchapter.

(2) As soon as practicable but not later than the end of the

fiscal year, the Commissioner shall make such amount available for

carrying out the purposes of this subchapter to one or more other

States to the extent the Commissioner determines such other State

will be able to use such additional amount during that fiscal year

or the subsequent fiscal year for carrying out such purposes. The

Commissioner shall make such amount available only if such other

State will be able to make sufficient payments from non-Federal

sources to pay for the non-Federal share of the cost of vocational

rehabilitation services under the State plan for the fiscal year

for which the amount was appropriated.

(3) For the purposes of this part, any amount made available to a

State for any fiscal year pursuant to this subsection shall be

regarded as an increase of such State's allotment (as determined

under the preceding provisions of this section) for such year.

(c) Funds for American Indian vocational rehabilitation services

(1) For fiscal year 1987 and for each subsequent fiscal year, the

Commissioner shall reserve from the amount appropriated under

section 720(b)(1) of this title for allotment under this section a

sum, determined under paragraph (2), to carry out the purposes of

part C of this subchapter.

(2) The sum referred to in paragraph (1) shall be, as determined

by the Secretary -

(A) not less than three-quarters of 1 percent and not more than

1.5 percent of the amount referred to in paragraph (1), for

fiscal year 1999; and

(B) not less than 1 percent and not more than 1.5 percent of

the amount referred to in paragraph (1), for each of fiscal years

2000 through 2003.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 110, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(7)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-413.)

-REFTEXT-

REFERENCES IN TEXT

Section 720(b)(1)(A) of this title, referred to in subsec.

(a)(2)(B), means section 720(b)(1)(A) prior to the general

amendment of section 720(b) by Pub. L. 102-569, title I, Sec.

121(b)(1), Oct. 29, 1992, 106 Stat. 4367, which restated subsec.

(b)(1) without a subpar. (A). Section 720 was subsequently omitted,

and a new section 720 added, in the general amendment of this

subchapter by Pub. L. 105-220, title IV, Sec. 404, Aug. 7, 1998,

112 Stat. 1116.

-MISC1-

PRIOR PROVISIONS

A prior section 730, Pub. L. 93-112, title I, Sec. 110, Sept. 26,

1973, 87 Stat. 370; Pub. L. 95-602, title I, Secs. 101(c), (d),

122(b)(1), Nov. 6, 1978, 92 Stat. 2956, 2957, 2987; Pub. L. 98-221,

title I, Sec. 111(e), Feb. 22, 1984, 98 Stat. 20; Pub. L. 99-506,

title I, Sec. 103(c)(2), title II, Secs. 206, 207, Oct. 21, 1986,

100 Stat. 1810, 1817, 1818; Pub. L. 102-569, title I, Sec. 131,

Oct. 29, 1992, 106 Stat. 4389; Pub. L. 103-73, title I, Sec.

107(e), Aug. 11, 1993, 107 Stat. 723, related to State allotments,

prior to the general amendment of this subchapter by Pub. L.

105-220.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to section

designation and catchline in original.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 721, 725, 728, 731,

741, 795m, 796d of this title; title 42 section 1396n.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

29 USC Sec. 731 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part B - Basic Vocational Rehabilitation Services

-HEAD-

Sec. 731. Payments to States

-STATUTE-

(a) Amount

(1) Except as provided in paragraph (2), from each State's

allotment under this part for any fiscal year, the Commissioner

shall pay to a State an amount equal to the Federal share of the

cost of vocational rehabilitation services under the plan for that

State approved under section 721 of this title, including

expenditures for the administration of the State plan.

(2)(A) The total of payments under paragraph (1) to a State for a

fiscal year may not exceed its allotment under subsection (a) of

section 730 of this title for such year.

(B) For fiscal year 1994 and each fiscal year thereafter, the

amount otherwise payable to a State for a fiscal year under this

section shall be reduced by the amount by which expenditures from

non-Federal sources under the State plan under this subchapter for

the previous fiscal year are less than the total of such

expenditures for the second fiscal year preceding the previous

fiscal year.

(C) The Commissioner may waive or modify any requirement or

limitation under subparagraph (B) or section 721(a)(17) of this

title if the Commissioner determines that a waiver or modification

is an equitable response to exceptional or uncontrollable

circumstances affecting the State.

(3)(A) Except as provided in subparagraph (B), the amount of a

payment under this section with respect to any construction project

in any State shall be equal to the same percentage of the cost of

such project as the Federal share that is applicable in the case of

rehabilitation facilities (as defined in section 291o(g) of title

42), in such State.

(B) If the Federal share with respect to rehabilitation

facilities in such State is determined pursuant to section

291o(b)(2) of title 42, the percentage of the cost for purposes of

this section shall be determined in accordance with regulations

prescribed by the Commissioner designed to achieve as nearly as

practicable results comparable to the results obtained under such

section.

(b) Method of computation and payment

The method of computing and paying amounts pursuant to subsection

(a) of this section shall be as follows:

(1) The Commissioner shall, prior to the beginning of each

calendar quarter or other period prescribed by the Commissioner,

estimate the amount to be paid to each State under the provisions

of such subsection for such period, such estimate to be based on

such records of the State and information furnished by it, and

such other investigation as the Commissioner may find necessary.

(2) The Commissioner shall pay, from the allotment available

therefor, the amount so estimated by the Commissioner for such

period, reduced or increased, as the case may be, by any sum (not

previously adjusted under this paragraph) by which the

Commissioner finds that the estimate of the amount to be paid the

State for any prior period under such subsection was greater or

less than the amount which should have been paid to the State for

such prior period under such subsection. Such payment shall be

made prior to audit or settlement by the General Accounting

Office, shall be made through the disbursing facilities of the

Treasury Department, and shall be made in such installments as

the Commissioner may determine.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 111, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1162; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(8)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-413.)

-MISC1-

PRIOR PROVISIONS

A prior section 731, Pub. L. 93-112, title I, Sec. 111, Sept. 26,

1973, 87 Stat. 371; Pub. L. 95-602, title I, Sec. 122(b)(1), Nov.

6, 1978, 92 Stat. 2987; Pub. L. 99-506, title II, Sec. 208, title

X, Sec. 1001(b)(6), Oct. 21, 1986, 100 Stat. 1818, 1842; Pub. L.

100-630, title II, Sec. 202(e)(1), (2)(A), (3), Nov. 7, 1988, 102

Stat. 3306; Pub. L. 102-569, title I, Sec. 132, Oct. 29, 1992, 106

Stat. 4390; Pub. L. 103-73, title I, Sec. 107(f), Aug. 11, 1993,

107 Stat. 723, related to payments to States, prior to the general

amendment of this subchapter by Pub. L. 105-220.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to section

designation and catchline in original.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 728a, 730 of this

title; title 5 section 8104.

-End-

-CITE-

29 USC Sec. 732 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part B - Basic Vocational Rehabilitation Services

-HEAD-

Sec. 732. Client assistance program

-STATUTE-

(a) Establishment of grant program

From funds appropriated under subsection (h) of this section, the

Secretary shall, in accordance with this section, make grants to

States to establish and carry out client assistance programs to

provide assistance in informing and advising all clients and client

applicants of all available benefits under this chapter, and, upon

request of such clients or client applicants, to assist and

advocate for such clients or applicants in their relationships with

projects, programs, and services provided under this chapter,

including assistance and advocacy in pursuing legal,

administrative, or other appropriate remedies to ensure the

protection of the rights of such individuals under this chapter and

to facilitate access to the services funded under this chapter

through individual and systemic advocacy. The client assistance

program shall provide information on the available services and

benefits under this chapter and title I of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) to individuals

with disabilities in the State, especially with regard to

individuals with disabilities who have traditionally been unserved

or underserved by vocational rehabilitation programs. In providing

assistance and advocacy under this subsection with respect to

services under this subchapter, a client assistance program may

provide the assistance and advocacy with respect to services that

are directly related to facilitating the employment of the

individual.

(b) Existence of State program as requisite to receiving payments

No State may receive payments from its allotment under this

chapter in any fiscal year unless the State has in effect not later

than October 1, 1984, a client assistance program which -

(1) has the authority to pursue legal, administrative, and

other appropriate remedies to ensure the protection of rights of

individuals with disabilities who are receiving treatments,

services, or rehabilitation under this chapter within the State;

and

(2) meets the requirements of designation under subsection (c)

of this section.

(c) Designation of agency to conduct program

(1)(A) The Governor shall designate a public or private agency to

conduct the client assistance program under this section. Except as

provided in the last sentence of this subparagraph, the Governor

shall designate an agency which is independent of any agency which

provides treatment, services, or rehabilitation to individuals

under this chapter. If there is an agency in the State which has,

or had, prior to February 22, 1984, served as a client assistance

agency under this section and which received Federal financial

assistance under this chapter, the Governor may, in the initial

designation, designate an agency which provides treatment,

services, or rehabilitation to individuals with disabilities under

this chapter.

(B)(i) The Governor may not redesignate the agency designated

under subparagraph (A) without good cause and unless -

(I) the Governor has given the agency 30 days notice of the

intention to make such redesignation, including specification of

the good cause for such redesignation and an opportunity to

respond to the assertion that good cause has been shown;

(II) individuals with disabilities or the individuals'

representatives have timely notice of the redesignation and

opportunity for public comment; and

(III) the agency has the opportunity to appeal to the

Commissioner on the basis that the redesignation was not for good

cause.

(ii) If, after August 7, 1998 -

(I) a designated State agency undergoes any change in the

organizational structure of the agency that results in the

creation of one or more new State agencies or departments or

results in the merger of the designated State agency with one or

more other State agencies or departments; and

(II) an agency (including an office or other unit) within the

designated State agency was conducting a client assistance

program before the change under the last sentence of subparagraph

(A),

the Governor shall redesignate the agency conducting the program.

In conducting the redesignation, the Governor shall designate to

conduct the program an agency that is independent of any agency

that provides treatment, services, or rehabilitation to individuals

with disabilities under this chapter.

(2) In carrying out the provisions of this section, the Governor

shall consult with the director of the State vocational

rehabilitation agency, the head of the developmental disability

protection and advocacy agency, and with representatives of

professional and consumer organizations serving individuals with

disabilities in the State.

(3) The agency designated under this subsection shall be

accountable for the proper use of funds made available to the

agency.

(d) Class action by designated agency prohibited

The agency designated under subsection (c) of this section may

not bring any class action in carrying out its responsibilities

under this section.

(e) Allotment and reallotment of funds

(1)(A) The Secretary shall allot the sums appropriated for each

fiscal year under this section among the States on the basis of

relative population of each State, except that no State shall

receive less than $50,000.

(B) The Secretary shall allot $30,000 each to American Samoa,

Guam, the Virgin Islands, and the Commonwealth of the Northern

Mariana Islands.

(C) For the purpose of this paragraph, the term "State" does not

include American Samoa, Guam, the Virgin Islands, and the

Commonwealth of the Northern Mariana Islands.

(D)(i) In any fiscal year that the funds appropriated for such

fiscal year exceed $7,500,000, the minimum allotment shall be

$100,000 for States and $45,000 for territories.

(ii) For any fiscal year in which the total amount appropriated

under subsection (h) of this section exceeds the total amount

appropriated under such subsection for the preceding fiscal year,

the Secretary shall increase each of the minimum allotments under

clause (i) by a percentage that shall not exceed the percentage

increase in the total amount appropriated under such subsection

between the preceding fiscal year and the fiscal year involved.

(2) The amount of an allotment to a State for a fiscal year which

the Secretary determines will not be required by the State during

the period for which it is available for the purpose for which

allotted shall be available for reallotment by the Secretary at

appropriate times to other States with respect to which such a

determination has not been made, in proportion to the original

allotments of such States for such fiscal year, but with such

proportionate amount for any of such other States being reduced to

the extent it exceeds the sum the Secretary estimates such State

needs and will be able to use during such period, and the total of

such reduction shall be similarly reallotted among the States whose

proportionate amounts were not so reduced. Any such amount so

reallotted to a State for a fiscal year shall be deemed to be a

part of its allotment for such fiscal year.

(3) Except as specifically prohibited by or as otherwise provided

in State law, the Secretary shall pay to the agency designated

under subsection (c) of this section the amount specified in the

application approved under subsection (f) of this section.

(f) Application by State for grant funds

No grant may be made under this section unless the State submits

an application to the Secretary at such time, in such manner, and

containing or accompanied by such information as the Secretary

deems necessary to meet the requirements of this section.

(g) Regulations; minimum requirements

The Secretary shall prescribe regulations applicable to the

client assistance program which shall include the following

requirements:

(1) No employees of such programs shall, while so employed,

serve as staff or consultants of any rehabilitation project,

program, or facility receiving assistance under this chapter in

the State.

(2) Each program shall be afforded reasonable access to

policymaking and administrative personnel in the State and local

rehabilitation programs, projects, or facilities.

(3)(A) Each program shall contain provisions designed to assure

that to the maximum extent possible alternative means of dispute

resolution are available for use at the discretion of an

applicant or client of the program prior to resorting to

litigation or formal adjudication to resolve a dispute arising

under this section.

(B) In subparagraph (A), the term "alternative means of dispute

resolution" means any procedure, including good faith

negotiation, conciliation, facilitation, mediation, factfinding,

and arbitration, and any combination of procedures, that is used

in lieu of litigation in a court or formal adjudication in an

administrative forum, to resolve a dispute arising under this

section.

(4) For purposes of any periodic audit, report, or evaluation

of the performance of a client assistance program under this

section, the Secretary shall not require such a program to

disclose the identity of, or any other personally identifiable

information related to, any individual requesting assistance

under such program.

(h) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary for fiscal years 1999 through 2003 to carry out the

provisions of this section.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 112, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1163; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(9)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-413.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (a), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as

amended. Title I of the Act is classified generally to subchapter I

(Sec. 12111 et seq.) of chapter 126 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 12101 of Title 42 and

Tables.

-MISC1-

PRIOR PROVISIONS

Prior sections 732 and 740 were omitted in the general amendment

of this subchapter by Pub. L. 105-220.

Section 732, Pub. L. 93-112, title I, Sec. 112, Sept. 26, 1973,

87 Stat. 371; Pub. L. 93-516, title I, Secs. 102(b), 111(f), Dec.

7, 1974, 88 Stat. 1618, 1620; Pub. L. 93-651, title I, Secs.

102(b), 111(f), Nov. 21, 1974, 89 Stat. 2-3, 2-5; Pub. L. 94-230,

Secs. 2(b), 11(b)(4), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L.

95-602, title I, Secs. 105, 122(b)(1), Nov. 6, 1978, 92 Stat. 2960,

2987; Pub. L. 97-375, title I, Sec. 105, Dec. 21, 1982, 96 Stat.

1820; Pub. L. 98-221, title I, Sec. 113(a), Feb. 22, 1984, 98 Stat.

20; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title II, Sec. 209,

title X, Sec. 1001(b)(7), Oct. 21, 1986, 100 Stat. 1810, 1818,

1842; Pub. L. 100-630, title II, Sec. 202(f), Nov. 7, 1988, 102

Stat. 3306; Pub. L. 102-52, Sec. 2(c), June 6, 1991, 105 Stat. 260;

Pub. L. 102-569, title I, Secs. 102(p)(10), 133, Oct. 29, 1992, 106

Stat. 4357, 4391; Pub. L. 103-73, title I, Sec. 107(g), Aug. 11,

1993, 107 Stat. 723; Pub. L. 104-66, title I, Sec. 1041(c), Dec.

21, 1995, 109 Stat. 714, related to client assistance program.

Section 740, Pub. L. 93-112, title I, Sec. 120, as added Pub. L.

102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4392,

related to State eligibility for grants.

Another prior section 740, Pub. L. 93-112, title I, Sec. 120,

Sept. 26, 1973, 87 Stat. 372; Pub. L. 95-602, title I, Secs.

101(e)(1), 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L.

99-506, title X, Sec. 1001(b)(8), Oct. 21, 1986, 100 Stat. 1842;

Pub. L. 100-630, title II, Sec. 202(g), Nov. 7, 1988, 102 Stat.

3306, provided for State allotments to assist in meeting the cost

of vocational rehabilitation services, prior to the general

amendment of part C of former subchapter I of this chapter by Pub.

L. 102-569.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to section

designation and catchline in original.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 717, 720, 721, 722, 725,

794e, 796, 796c, 2841 of this title; title 20 section 9271; title

42 section 1320b-20.

-End-

-CITE-

29 USC Part C - American Indian Vocational Rehabilitation

Services 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part C - American Indian Vocational Rehabilitation Services

-HEAD-

PART C - AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 721, 724, 725, 730, 2841 of

this title.

-End-

-CITE-

29 USC Sec. 741 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part C - American Indian Vocational Rehabilitation Services

-HEAD-

Sec. 741. Vocational rehabilitation services grants

-STATUTE-

(a) Governing bodies of Indian tribes; amount; non-Federal share

The Commissioner, in accordance with the provisions of this part,

may make grants to the governing bodies of Indian tribes located on

Federal and State reservations (and consortia of such governing

bodies) to pay 90 percent of the costs of vocational rehabilitation

services for American Indians who are individuals with disabilities

residing on or near such reservations. The non-Federal share of

such costs may be in cash or in kind, fairly valued, and the

Commissioner may waive such non-Federal share requirement in order

to carry out the purposes of this chapter.

(b) Application; effective period; continuation of programs and

services; separate service delivery systems

(1) No grant may be made under this part for any fiscal year

unless an application therefor has been submitted to and approved

by the Commissioner. The Commissioner may not approve an

application unless the application -

(A) is made at such time, in such manner, and contains such

information as the Commissioner may require;

(B) contains assurances that the rehabilitation services

provided under this part to American Indians who are individuals

with disabilities residing on or near a reservation in a State

shall be, to the maximum extent feasible, comparable to

rehabilitation services provided under this subchapter to other

individuals with disabilities residing in the State and that,

where appropriate, may include services traditionally used by

Indian tribes; and

(C) contains assurances that the application was developed in

consultation with the designated State unit of the State.

(2) The provisions of sections 450c, 450d, 450e, and 450f(a) of

title 25 shall be applicable to any application submitted under

this part. For purposes of this paragraph, any reference in any

such provision to the Secretary of Education or to the Secretary of

the Interior shall be considered to be a reference to the

Commissioner.

(3) Any application approved under this part shall be effective

for not more than 60 months, except as determined otherwise by the

Commissioner pursuant to prescribed regulations. The State shall

continue to provide vocational rehabilitation services under its

State plan to American Indians residing on or near a reservation

whenever such State includes any such American Indians in its State

population under section 730(a)(1) of this title.

(4) In making grants under this part, the Secretary shall give

priority consideration to applications for the continuation of

programs which have been funded under this part.

(5) Nothing in this section may be construed to authorize a

separate service delivery system for Indian residents of a State

who reside in non-reservation areas.

(c) "Reservation" defined

The term "reservation" includes Indian reservations, public

domain Indian allotments, former Indian reservations in Oklahoma,

and land held by incorporated Native groups, regional corporations,

and village corporations under the provisions of the Alaska Native

Claims Settlement Act [43 U.S.C. 1601 et seq.].

-SOURCE-

(Pub. L. 93-112, title I, Sec. 121, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1166; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(10)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-413.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in subsec.

(c), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-MISC1-

PRIOR PROVISIONS

Prior sections 741 to 744 and 750 were omitted in the general

amendment of this subchapter by Pub. L. 105-220.

Section 741, Pub. L. 93-112, title I, Sec. 121, as added Pub. L.

102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4392,

related to contents of strategic plans.

Another prior section 741, Pub. L. 93-112, title I, Sec. 121,

Sept. 26, 1973, 87 Stat. 373; Pub. L. 93-516, title I, Sec. 102(c),

Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93-651, title I, Sec. 102(c),

Nov. 21, 1974, 89 Stat. 2-3; Pub. L. 94-230, Sec. 2(c), Mar. 15,

1976, 90 Stat. 211; Pub. L. 95-602, title I, Secs. 101(e)(2),

122(b), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 98-221, title I,

Sec. 114, Feb. 22, 1984, 98 Stat. 23; Pub. L. 99-506, title I, Sec.

103(d)(2)(C), title II, Sec. 210, Oct. 21, 1986, 100 Stat. 1810,

1819; Pub. L. 100-630, title II, Sec. 202(h), Nov. 7, 1988, 102

Stat. 3306; Pub. L. 102-52, Sec. 2(b)(2), June 6, 1991, 105 Stat.

260, related to payments to States for planning, preparing, and

initiating special programs under approved State plans and payments

for the costs of constructing facilities to be used in providing

services under such State plans, prior to the general amendment of

part C of former subchapter I of this chapter by Pub. L. 102-569.

Section 742, Pub. L. 93-112, title I, Sec. 122, as added Pub. L.

102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4393,

related to process for developing strategic plans.

Section 743, Pub. L. 93-112, title I, Sec. 123, as added Pub. L.

102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4393,

related to use of funds.

Section 744, Pub. L. 93-112, title I, Sec. 124, as added Pub. L.

102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4395;

amended Pub. L. 103-73, title I, Sec. 107(h), Aug. 11, 1993, 107

Stat. 723, related to allotments among States.

Section 750, Pub. L. 93-112, title I, Sec. 130, Sept. 26, 1973,

87 Stat. 374; Pub. L. 93-516, title I, Sec. 111(g), Dec. 7, 1974,

88 Stat. 1621; Pub. L. 93-651, title I, Sec. 111(g), Nov. 21, 1974,

89 Stat. 2-6; Pub. L. 95-602, title I, Sec. 106, Nov. 6, 1978, 92

Stat. 2960; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title II,

Sec. 211, title X, Sec. 1002(b)(1), Oct. 21, 1986, 100 Stat. 1810,

1819, 1844; Pub. L. 100-630, title II, Sec. 202(i), Nov. 7, 1988,

102 Stat. 3306; Pub. L. 102-569, title I, Sec. 102(p)(11), Oct. 29,

1992, 106 Stat. 4357, related to American Indian vocational

rehabilitation services grants.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to section

designation and catchline in original.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 725, 796d of this title.

-End-

-CITE-

29 USC Part D - Vocational Rehabilitation Services Client

Information 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part D - Vocational Rehabilitation Services Client Information

-HEAD-

PART D - VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION

-End-

-CITE-

29 USC Sec. 751 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

Part D - Vocational Rehabilitation Services Client Information

-HEAD-

Sec. 751. Data sharing

-STATUTE-

(a) In general

(1) Memorandum of understanding

The Secretary of Education and the Secretary of Health and

Human Services shall enter into a memorandum of understanding for

the purposes of exchanging data of mutual importance -

(A) that concern clients of designated State agencies; and

(B) that are data maintained either by -

(i) the Rehabilitation Services Administration, as required

by section 710 of this title; or

(ii) the Social Security Administration, from its Summary

Earnings and Records and Master Beneficiary Records.

(2) Employment statistics

The Secretary of Labor shall provide the Commissioner with

employment statistics specified in section 49l-2 of this title,

that facilitate evaluation by the Commissioner of the program

carried out under part B of this subchapter, and allow the

Commissioner to compare the progress of individuals with

disabilities who are assisted under the program in securing,

retaining, regaining, and advancing in employment with the

progress made by individuals who are assisted under title I of

the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.].

(b) Treatment of information

For purposes of the exchange described in subsection (a)(1) of

this section, the data described in subsection (a)(1)(B)(ii) of

this section shall not be considered return information (as defined

in section 6103(b)(2) of title 26) and, as appropriate, the

confidentiality of all client information shall be maintained by

the Rehabilitation Services Administration and the Social Security

Administration.

-SOURCE-

(Pub. L. 93-112, title I, Sec. 131, as added Pub. L. 105-220, title

IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1167.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsec.

(a)(2), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter 30

(Sec. 2801 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 751, Pub. L. 93-112, title I, Sec. 131, as added

Pub. L. 95-602, title I, Sec. 106, Nov. 6, 1978, 92 Stat. 2961, and

amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986,

100 Stat. 1810, directed Secretary to submit to Congress, not less

than thirty months after Nov. 6, 1978, an evaluation of programs

conducted under part D of former subchapter I of this chapter,

prior to repeal by Pub. L. 99-506, title X, Sec. 1002(b)(2)(A),

Oct. 21, 1986, 100 Stat. 1844.

A prior section 752, Pub. L. 93-112, title I, Sec. 131, formerly

Sec. 132, as added Pub. L. 99-506, title II, Sec. 212(a), Oct. 21,

1986, 100 Stat. 1820; renumbered Sec. 132, Pub. L. 100-630, title

II, Sec. 202(j), Nov. 7, 1988, 102 Stat. 3307, provided for study

on special problems and needs of Indians with handicaps both on and

off the reservation, prior to repeal by Pub. L. 102-569, title I,

Sec. 135(a), Oct. 29, 1992, 106 Stat. 4396.

Prior sections 753 and 753a were omitted in the general amendment

of this subchapter by Pub. L. 105-220.

Section 753, Pub. L. 93-112, title I, Sec. 140, as added Pub. L.

103-73, title I, Sec. 108, Aug. 11, 1993, 107 Stat. 724, related to

review of data collection and reporting system.

Section 753a, Pub. L. 93-112, title I, Sec. 141, as added Pub. L.

103-73, title I, Sec. 108, Aug. 11, 1993, 107 Stat. 725, related to

exchange of data.

-End-

-CITE-

29 USC SUBCHAPTER II - RESEARCH AND TRAINING 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-

SUBCHAPTER II - RESEARCH AND TRAINING

-COD-

CODIFICATION

Title II of the Rehabilitation Act of 1973, comprising this

subchapter, was originally enacted by Pub. L. 93-112, title II,

Sept. 26, 1973, 87 Stat. 374, and amended by Pub. L. 93-516, Dec.

7, 1974, 88 Stat. 1617; Pub. L. 93-651, Nov. 21, 1974, 89 Stat.

2-3; Pub. L. 94-230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 95-602,

Nov. 6, 1978, 92 Stat. 2955; Pub. L. 96-88, Oct. 17, 1979, 93 Stat.

668; Pub. L. 98-221, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99-506,

Oct. 21, 1986, 100 Stat. 1807; Pub. L. 100-630, Nov. 7, 1988, 102

Stat. 3289; Pub. L. 102-52, June 6, 1991, 105 Stat. 260; Pub. L.

102-54, June 13, 1991, 105 Stat. 267; Pub. L. 102-569, Oct. 29,

1992, 106 Stat. 4344; Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718;

Pub. L. 103-218, Mar. 9, 1994, 108 Stat. 50; Pub. L. 103-382, Oct.

20, 1994, 108 Stat. 3518. Title II is shown herein, however, as

having been added by Pub. L. 105-220, title IV, Sec. 405, Aug. 7,

1998, 112 Stat. 1167, without reference to those intervening

amendments because of the extensive revision of title II by Pub. L.

105-220.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 705, 718 of this

title; title 42 sections 1760, 1784.

-End-

-CITE-

29 USC Sec. 760 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-

Sec. 760. Declaration of purpose

-STATUTE-

The purpose of this subchapter is to -

(1) provide for research, demonstration projects, training, and

related activities to maximize the full inclusion and integration

into society, employment, independent living, family support, and

economic and social self-sufficiency of individuals with

disabilities of all ages, with particular emphasis on improving

the effectiveness of services authorized under this chapter;

(2) provide for a comprehensive and coordinated approach to the

support and conduct of such research, demonstration projects,

training, and related activities and to ensure that the approach

is in accordance with the 5-year plan developed under section

762(h) of this title;

(3) promote the transfer of rehabilitation technology to

individuals with disabilities through research and demonstration

projects relating to -

(A) the procurement process for the purchase of

rehabilitation technology;

(B) the utilization of rehabilitation technology on a

national basis;

(C) specific adaptations or customizations of products to

enable individuals with disabilities to live more

independently; and

(D) the development or transfer of assistive technology;

(4) ensure the widespread distribution, in usable formats, of

practical scientific and technological information -

(A) generated by research, demonstration projects, training,

and related activities; and

(B) regarding state-of-the-art practices, improvements in the

services authorized under this chapter, rehabilitation

technology, and new knowledge regarding disabilities,

to rehabilitation professionals, individuals with disabilities,

and other interested parties, including the general public;

(5) identify effective strategies that enhance the

opportunities of individuals with disabilities to engage in

employment, including employment involving telecommuting and

self-employment; and

(6) increase opportunities for researchers who are members of

traditionally underserved populations, including researchers who

are members of minority groups and researchers who are

individuals with disabilities.

-SOURCE-

(Pub. L. 93-112, title II, Sec. 200, as added Pub. L. 105-220,

title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1167; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-

PRIOR PROVISIONS

A prior section 760, Pub. L. 93-112, title II, Sec. 200, Sept.

26, 1973, 87 Stat. 374; Pub. L. 95-602, title I, Sec. 107, Nov. 6,

1978, 92 Stat. 2962; Pub. L. 99-506, title I, Sec. 103(d)(2)(C),

Oct. 21, 1986, 100 Stat. 1810; Pub. L. 102-569, title II, Sec. 201,

Oct. 29, 1992, 106 Stat. 4398, contained congressional declaration

of purpose, prior to the general amendment of this subchapter by

Pub. L. 105-220.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to directory

language of Pub. L. 105-220, Sec. 405, which enacted this section.

-End-

-CITE-

29 USC Sec. 761 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-

Sec. 761. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated -

(1) for the purpose of providing for the expenses of the

National Institute on Disability and Rehabilitation Research

under section 762 of this title, which shall include the expenses

of the Rehabilitation Research Advisory Council under section 765

of this title, and shall not include the expenses of such

Institute to carry out section 764 of this title, such sums as

may be necessary for each of fiscal years 1999 through 2003; and

(2) to carry out section 764 of this title, such sums as may be

necessary for each of fiscal years 1999 through 2003.

(b) Funds appropriated under this subchapter shall remain

available until expended.

-SOURCE-

(Pub. L. 93-112, title II, Sec. 201, as added Pub. L. 105-220,

title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1168; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-

PRIOR PROVISIONS

Prior sections 761 to 761b were omitted in the general amendment

of this subchapter by Pub. L. 105-220.

Section 761, Pub. L. 93-112, title II, Sec. 201, Sept. 26, 1973,

87 Stat. 374; Pub. L. 93-516, title I, Sec. 103, Dec. 7, 1974, 88

Stat. 1618; Pub. L. 93-651, title I, Sec. 103, Nov. 21, 1974, 89

Stat. 2-3; Pub. L. 94-230, Secs. 3, 11(b)(5), (6), Mar. 15, 1976,

90 Stat. 211, 213; Pub. L. 95-602, title I, Sec. 108, Nov. 6, 1978,

92 Stat. 2962; Pub. L. 98-221, title I, Sec. 121, Feb. 22, 1984, 98

Stat. 23; Pub. L. 99-506, title III, Sec. 301, Oct. 21, 1986, 100

Stat. 1820; Pub. L. 100-630, title II, Sec. 203(a), Nov. 7, 1988,

102 Stat. 3307; Pub. L. 102-52, Sec. 3, June 6, 1991, 105 Stat.

260; Pub. L. 102-569, title II, Sec. 202, Oct. 29, 1992, 106 Stat.

4398, authorized appropriations.

Section 761a, Pub. L. 93-112, title II, Sec. 202, as added Pub.

L. 95-602, title I, Sec. 109(4), Nov. 6, 1978, 92 Stat. 2963;

amended Pub. L. 98-221, title I, Secs. 104(a)(4), (b)(1), 122, Feb.

22, 1984, 98 Stat. 18, 23; Pub. L. 99-506, title I, Sec.

103(d)(2)(C), title III, Secs. 302, 303, title X, Secs. 1001(c),

1002(c), Oct. 21, 1986, 100 Stat. 1810, 1820, 1821, 1842, 1844;

Pub. L. 100-630, title II, Sec. 203(b), Nov. 7, 1988, 102 Stat.

3307; Pub. L. 102-54, Sec. 13(k)(1)(A), June 13, 1991, 105 Stat.

276; Pub. L. 102-569, title I, Sec. 102(p)(12), title II, Sec. 203,

Oct. 29, 1992, 106 Stat. 4357, 4399; Pub. L. 103-73, title I, Secs.

102(4), 109(a), Aug. 11, 1993, 107 Stat. 718, 725; Pub. L. 103-218,

title IV, Sec. 402(a), Mar. 9, 1994, 108 Stat. 96; Pub. L. 103-382,

title III, Sec. 394(i)(1), Oct. 20, 1994, 108 Stat. 4028, related

to National Institute on Disability and Rehabilitation Research.

See section 762 of this title.

Section 761b, Pub. L. 93-112, title II, Sec. 203, as added Pub.

L. 95-602, title I, Sec. 109(4), Nov. 6, 1978, 92 Stat. 2965;

amended Pub. L. 96-88, title V, Sec. 508(m)(1), Oct. 17, 1979, 93

Stat. 694; Pub. L. 98-221, title I, Sec. 104(b)(2), Feb. 22, 1984,

98 Stat. 18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title III,

Sec. 304, Oct. 21, 1986, 100 Stat. 1810, 1822; Pub. L. 100-630,

title II, Sec. 203(c), Nov. 7, 1988, 102 Stat. 3307; Pub. L.

102-54, Sec. 13(k)(1)(B), June 13, 1991, 105 Stat. 276; Pub. L.

102-569, title I, Sec. 102(p)(13), title II, Sec. 204, Oct. 29,

1992, 106 Stat. 4358, 4403, related to Interagency Committee on

Disability Research. See section 763 of this title.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to directory

language of Pub. L. 105-220, Sec. 405, which enacted this section.

-End-

-CITE-

29 USC Sec. 762 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-

Sec. 762. National Institute on Disability and Rehabilitation

Research

-STATUTE-

(a) Establishment; Director as principal officer

(1) There is established within the Department of Education a

National Institute on Disability and Rehabilitation Research

(hereinafter in this subchapter referred to as the "Institute"),

which shall be headed by a Director (hereinafter in this subchapter

referred to as the "Director"), in order to -

(A) promote, coordinate, and provide for -

(i) research;

(ii) demonstration projects and training; and

(iii) related activities,

with respect to individuals with disabilities;

(B) more effectively carry out activities through the programs

under section 764 of this title and activities under this

section;

(C) widely disseminate information from the activities

described in subparagraphs (A) and (B); and

(D) provide leadership in advancing the quality of life of

individuals with disabilities.

(2) In the performance of the functions of the office, the

Director shall be directly responsible to the Secretary or to the

same Under Secretary or Assistant Secretary of the Department of

Education to whom the Commissioner is responsible under section

702(a) of this title.

(b) Duties of Director

The Director, through the Institute, shall be responsible for -

(1) administering the programs described in section 764 of this

title and activities under this section;

(2) widely disseminating findings, conclusions, and

recommendations, resulting from research, demonstration projects,

training, and related activities (referred to in this subchapter

as "covered activities") funded by the Institute, to -

(A) other Federal, State, tribal, and local public agencies;

(B) private organizations engaged in research relating to

rehabilitation or providing rehabilitation services;

(C) rehabilitation practitioners; and

(D) individuals with disabilities and the individuals'

representatives;

(3) coordinating, through the Interagency Committee established

by section 763 of this title, all Federal programs and policies

relating to research in rehabilitation;

(4) widely disseminating educational materials and research

results, concerning ways to maximize the full inclusion and

integration into society, employment, independent living, family

support, and economic and social self-sufficiency of individuals

with disabilities, to -

(A) public and private entities, including -

(i) elementary and secondary schools (as defined in section

7801 of title 20; (!1) and

(ii) institutions of higher education;

(B) rehabilitation practitioners;

(C) individuals with disabilities (especially such

individuals who are members of minority groups or of

populations that are unserved or underserved by programs under

this chapter); and

(D) the individuals' representatives for the individuals

described in subparagraph (C);

(5)(A) conducting an education program to inform the public

about ways of providing for the rehabilitation of individuals

with disabilities, including information relating to -

(i) family care;

(ii) self-care; and

(iii) assistive technology devices and assistive technology

services; and

(B) as part of the program, disseminating engineering

information about assistive technology devices;

(6) conducting conferences, seminars, and workshops (including

in-service training programs and programs for individuals with

disabilities) concerning advances in rehabilitation research and

rehabilitation technology (including advances concerning the

selection and use of assistive technology devices and assistive

technology services), pertinent to the full inclusion and

integration into society, employment, independent living, family

support, and economic and social self-sufficiency of individuals

with disabilities;

(7) taking whatever action is necessary to keep the Congress

fully and currently informed with respect to the implementation

and conduct of programs and activities carried out under this

subchapter, including dissemination activities;

(8) producing, in conjunction with the Department of Labor, the

National Center for Health Statistics, the Bureau of the Census,

the Health Care Financing Administration, the Social Security

Administration, the Bureau of Indian Affairs, the Indian Health

Service, and other Federal departments and agencies, as may be

appropriate, statistical reports and studies on the employment,

self-employment, telecommuting, health, income, and other

demographic characteristics of individuals with disabilities,

including information on individuals with disabilities who live

in rural or inner-city settings, with particular attention given

to underserved populations, and widely disseminating such reports

and studies to rehabilitation professionals, individuals with

disabilities, the individuals' representatives, and others to

assist in the planning, assessment, and evaluation of vocational

and other rehabilitation services for individuals with

disabilities;

(9) conducting research on consumer satisfaction with

vocational rehabilitation services for the purpose of identifying

effective rehabilitation programs and policies that promote the

independence of individuals with disabilities and achievement of

long-term vocational goals;

(10) conducting research to examine the relationship between

the provision of specific services and successful, sustained

employment outcomes, including employment outcomes involving

self-employment and telecommuting; and

(11) coordinating activities with the Attorney General

regarding the provision of information, training, or technical

assistance regarding the Americans with Disabilities Act of 1990

(42 U.S.C. 12101 et seq.) to ensure consistency with the plan for

technical assistance required under section 506 of such Act (42

U.S.C. 12206).

(c) Development and dissemination of models

(1) The Director, acting through the Institute or one or more

entities funded by the Institute, shall provide for the development

and dissemination of models to address consumer-driven information

needs related to assistive technology devices and assistive

technology services.

(2) The development and dissemination of models may include -

(A) convening groups of individuals with disabilities, family

members and advocates of such individuals, commercial producers

of assistive technology, and entities funded by the Institute to

develop, assess, and disseminate knowledge about information

needs related to assistive technology;

(B) identifying the types of information regarding assistive

technology devices and assistive technology services that

individuals with disabilities find especially useful;

(C) evaluating current models, and developing new models, for

transmitting the information described in subparagraph (B) to

consumers and to commercial producers of assistive technology;

and

(D) disseminating through one or more entities funded by the

Institute, the models described in subparagraph (C) and findings

regarding the information described in subparagraph (B) to

consumers and commercial producers of assistive technology.

(d) Appointment of Director; employment of technical and

professional personnel; consultants

(1) The Director of the Institute shall be appointed by the

Secretary. The Director shall be an individual with substantial

experience in rehabilitation and in research administration.

(2) The Director, subject to the approval of the President, may

appoint, for terms not to exceed three years, without regard to the

provisions of title 5 governing appointment in the competitive

service, and may compensate, without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of such title relating

to classification and General Schedule pay rates, such technical

and professional employees of the Institute as the Director

determines to be necessary to accomplish the functions of the

Institute and also appoint and compensate without regard to such

provisions, in a number not to exceed one-fifth of the number of

full-time, regular technical and professional employees of the

Institute.

(3) The Director may obtain the services of consultants, without

regard to the provisions of title 5 governing appointments in the

competitive service.

(e) Fellowships

The Director, pursuant to regulations which the Secretary shall

prescribe, may establish and maintain fellowships with such

stipends and allowances, including travel and subsistence expenses

provided for under title 5, as the Director considers necessary to

procure the assistance of highly qualified research fellows,

including individuals with disabilities, from the United States and

foreign countries.

(f) Scientific peer review of research, training, and demonstration

projects

(1) The Director shall provide for scientific peer review of all

applications for financial assistance for research, training, and

demonstration projects over which the Director has authority. The

scientific peer review shall be conducted by individuals who are

not Federal employees, who are scientists or other experts in the

rehabilitation field (including the independent living field),

including knowledgeable individuals with disabilities, and the

individuals' representatives, and who are competent to review

applications for the financial assistance.

(2) In providing for such scientific peer review, the Secretary

shall provide for training, as necessary and appropriate, to

facilitate the effective participation of those individuals

selected to participate in such review.

(g) Use of funds

Not less than 90 percent of the funds appropriated under this

subchapter for any fiscal year shall be expended by the Director to

carry out activities under this subchapter through grants,

contracts, or cooperative agreements. Up to 10 percent of the funds

appropriated under this subchapter for any fiscal year may be

expended directly for the purpose of carrying out the functions of

the Director under this section.

(h) 5-year plan

(1) The Director shall -

(A) by October 1, 1998, and every fifth October 1 thereafter,

prepare and publish in the Federal Register for public comment a

draft of a 5-year plan that outlines priorities for

rehabilitation research, demonstration projects, training, and

related activities and explains the basis for such priorities;

(B) by June 1, 1999, and every fifth June 1 thereafter, after

considering public comments, submit the plan in final form to the

appropriate committees of Congress;

(C) at appropriate intervals, prepare and submit revisions in

the plan to the appropriate committees of Congress; and

(D) annually prepare and submit progress reports on the plan to

the appropriate committees of Congress.

(2) Such plan shall -

(A) identify any covered activity that should be conducted

under this section and section 764 of this title respecting the

full inclusion and integration into society of individuals with

disabilities, especially in the area of employment;

(B) determine the funding priorities for covered activities to

be conducted under this section and section 764 of this title;

(C) specify appropriate goals and timetables for covered

activities to be conducted under this section and section 764 of

this title;

(D) be developed by the Director -

(i) after consultation with the Rehabilitation Research

Advisory Council established under section 765 of this title;

(ii) in coordination with the Commissioner;

(iii) after consultation with the National Council on

Disability established under subchapter IV of this chapter, the

Secretary of Education, officials responsible for the

administration of the Developmental Disabilities Assistance and

Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.], and the

Interagency Committee on Disability Research established under

section 763 of this title; and

(iv) after full consideration of the input of individuals

with disabilities and the individuals' representatives,

organizations representing individuals with disabilities,

providers of services furnished under this chapter, researchers

in the rehabilitation field, and any other persons or entities

the Director considers to be appropriate;

(E) specify plans for widespread dissemination of the results

of covered activities, in accessible formats, to rehabilitation

practitioners, individuals with disabilities, and the

individuals' representatives; and

(F) specify plans for widespread dissemination of the results

of covered activities that concern individuals with disabilities

who are members of minority groups or of populations that are

unserved or underserved by programs carried out under this

chapter.

(i) Cooperation and consultation with other agencies and

departments on design of research programs

In order to promote cooperation among Federal departments and

agencies conducting research programs, the Director shall consult

with the administrators of such programs, and with the Interagency

Committee established by section 763 of this title, regarding the

design of research projects conducted by such entities and the

results and applications of such research.

(j) Comprehensive and coordinated research program; interagency

cooperation; research and training center

(1) The Director shall take appropriate actions to provide for a

comprehensive and coordinated research program under this

subchapter. In providing such a program, the Director may undertake

joint activities with other Federal entities engaged in research

and with appropriate private entities. Any Federal entity proposing

to establish any research project related to the purposes of this

chapter shall consult, through the Interagency Committee

established by section 763 of this title, with the Director as

Chairperson of such Committee and provide the Director with

sufficient prior opportunity to comment on such project.

(2) Any person responsible for administering any program of the

National Institutes of Health, the Department of Veterans Affairs,

the National Science Foundation, the National Aeronautics and Space

Administration, the Office of Special Education and Rehabilitative

Services, or of any other Federal entity, shall, through the

Interagency Committee established by section 763 of this title,

consult and cooperate with the Director in carrying out such

program if the program is related to the purposes of this

subchapter.

(3) The Director shall support, directly or by grant or contract,

a center associated with an institution of higher education, for

research and training concerning the delivery of vocational

rehabilitation services to rural areas.

(k) Grants for training

The Director shall make grants to institutions of higher

education for the training of rehabilitation researchers, including

individuals with disabilities, with particular attention to

research areas that support the implementation and objectives of

this chapter and that improve the effectiveness of services

authorized under this chapter.

-SOURCE-

(Pub. L. 93-112, title II, Sec. 202, as added Pub. L. 105-220,

title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1168; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-412; Pub. L. 106-402, title IV, Sec.

401(b)(3)(B), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 107-110, title

X, Sec. 1076(u)(1), Jan. 8, 2002, 115 Stat. 2092.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(11), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended, which is classified principally to chapter 126 (Sec.

12101 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 12101 of Title 42 and Tables.

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (d)(2), (3), are

classified generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (h)(2)(D)(iii), is Pub. L. 106-402,

Oct. 30, 2000, 114 Stat. 1677, which is classified principally to

chapter 144 (Sec. 15001 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 15001 of Title 42 and

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 761a

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 762, Pub. L. 93-112, title II, Sec. 204, formerly

Sec. 202, Sept. 26, 1973, 87 Stat. 375, amended Pub. L. 93-516,

title I, Sec. 111(h), Dec. 7, 1974, 88 Stat. 1621; Pub. L. 93-651,

title I, Sec. 111(h), Nov. 21, 1974, 89 Stat. 2-6; renumbered and

amended Pub. L. 95-602, title I, Secs. 109(3), 110, 111, Nov. 6,

1978, 92 Stat. 2963, 2966; Pub. L. 98-221, title I, Secs.

104(a)(5), 123, Feb. 22, 1984, 98 Stat. 18, 24; Pub. L. 99-506,

title I, Sec. 103(d)(2)(C), (h)(2), title III, Secs. 302(b), 305,

Oct. 21, 1986, 100 Stat. 1810, 1811, 1821, 1822; Pub. L. 100-630,

title II, Sec. 203(d), Nov. 7, 1988, 102 Stat. 3308; Pub. L.

102-569, title I, Sec. 102(p)(14), title II, Sec. 205, Oct. 29,

1992, 106 Stat. 4358, 4403; Pub. L. 103-73, title I, Sec. 109(b),

Aug. 11, 1993, 107 Stat. 726, related to research, prior to the

general amendment of this subchapter by Pub. L. 105-220. See

section 764 of this title.

AMENDMENTS

2002 - Subsec. (b)(4)(A)(i). Pub. L. 107-110 substituted "7801"

for "8801".

2000 - Subsec. (h)(2)(D)(iii). Pub. L. 106-402 substituted

"Developmental Disabilities Assistance and Bill of Rights Act of

2000" for "Developmental Disabilities Assistance and Bill of Rights

Act (42 U.S.C. 6000 et seq.)".

1998 - Pub. L. 105-277 made technical amendment to directory

language of Pub. L. 105-220, Sec. 405, which enacted this section.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

REFERENCES TO NATIONAL INSTITUTE OF HANDICAPPED RESEARCH AMENDED OR

DEEMED TO BE REFERENCES TO NATIONAL INSTITUTE ON DISABILITY AND

REHABILITATION RESEARCH

Pub. L. 99-506, title III, Sec. 302(b), Oct. 21, 1986, 100 Stat.

1821, provided that: "The Act [this chapter] is amended by striking

out 'National Institute of Handicapped Research' each place it

appears in the Act (including the table of contents) and inserting

in lieu thereof 'National Institute on Disability and

Rehabilitation Research'. Any reference in any other provision of

law to the 'National Institute of Handicapped Research' shall be

considered to be a reference to the 'National Institute on

Disability and Rehabilitation Research'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 760, 761, 764, 765 of

this title.

-FOOTNOTE-

(!1) So in original. A closing parenthesis probably should precede

the semicolon.

-End-

-CITE-

29 USC Sec. 762a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-

Sec. 762a. Research and demonstration projects

-STATUTE-

(a) Multiple and interrelated service needs of individuals with

handicaps; report to Congress

The Secretary of Education is authorized to make grants to, and

to enter into contract with, public and nonprofit agencies and

organizations for the purpose of research and demonstration

projects specifically designed to address the multiple and

interrelated service needs of individuals with handicaps, the

elderly, and children, youths, adults, and families. A report

evaluating each project funded under this section shall be

submitted to appropriate committees of the Congress within four

months after the date each such project is completed.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary.

No funds other than those appropriated pursuant to this

subsection can be used for the conduct of research specifically

authorized by this section.

(c) Study on impact of vocational rehabilitation services;

transmittal to Congress

Within one year after the date appropriations are made under

subsection (b) of this section for purposes of research and

demonstration projects under subsection (a) of this section, the

Secretary shall prepare and transmit to the Congress a study

concerning the impact of vocational rehabilitation services

provided under the Rehabilitation Act of 1973 [29 U.S.C. 701 et

seq.] on recipients of disability payments under titles II and XVI

of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.].

The study shall examine the relationship between the vocational

rehabilitation services provided under the Rehabilitation Act of

1973 and the programs under sections 222 and 1615 of the Social

Security Act [42 U.S.C. 422, 1382d], and shall include -

(1) an analysis of the savings in disability benefit payments

under titles II and XVI of the Social Security Act as a result of

the provision of vocational rehabilitation services under the

Rehabilitation Act of 1973;

(2) a specification of the rate of return to the active labor

force by recipients of services under sections 222 and 1615 of

the Social Security Act;

(3) a specification of the total amount of expenditures, in the

five fiscal years preceding the date of submission of the report,

for vocational rehabilitation services under the Rehabilitation

Act of 1973 and under sections 222 and 1615 of the Social

Security Act, and recommendations for the coordinated

presentation of such expenditures in the Budget submitted by the

President pursuant to section 1105 of title 31; and

(4) recommendations to improve the coordination of services

under the Rehabilitation Act of 1973 with programs under sections

222 and 1615 of the Social Security Act, including

recommendations for increasing savings in disability benefits

payments and the rate of return to the active labor force by

recipients of services under sections 222 and 1615 of the Social

Security Act.

-SOURCE-

(Pub. L. 95-602, title IV, Sec. 401, Nov. 6, 1978, 92 Stat. 3002;

Pub. L. 98-221, title I, Sec. 104(c)(1), Feb. 22, 1984, 98 Stat.

18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986, 100

Stat. 1810.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (c), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to this chapter (Sec. 701 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 701 of this title and Tables.

The Social Security Act, referred to in subsec. (c), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of

the Social Security Act are classified generally to subchapters II

(Sec. 401 et seq.) and XVI (Sec. 1381 et seq.), respectively, of

chapter 7 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-COD-

CODIFICATION

In subsec. (c)(3), "section 1105 of title 31" was substituted for

"section 201 of the Budget and Accounting Act, 1921 [31 U.S.C. 11]"

on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.

1067, the first section of which enacted Title 31, Money and

Finance.

Section was enacted as part of the Rehabilitation, Comprehensive

Services, and Developmental Disabilities Amendments of 1978, and

not as part of Rehabilitation Act of 1973 which comprises this

chapter.

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-506 substituted "individuals with

handicaps" for "handicapped individuals".

1984 - Subsec. (a). Pub. L. 98-221 substituted "Secretary of

Education" for "Secretary of Health, Education, and Welfare".

-End-

-CITE-

29 USC Sec. 763 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-

Sec. 763. Interagency Committee

-STATUTE-

(a) Establishment; membership; meetings

(1) In order to promote coordination and cooperation among

Federal departments and agencies conducting rehabilitation research

programs, including programs relating to assistive technology

research and research that incorporates the principles of universal

design, there is established within the Federal Government an

Interagency Committee on Disability Research (hereinafter in this

section referred to as the "Committee"), chaired by the Director

and comprised of such members as the President may designate,

including the following (or their designees): the Director, the

Commissioner of the Rehabilitation Services Administration, the

Assistant Secretary for Special Education and Rehabilitative

Services, the Secretary of Education, the Secretary of Veterans

Affairs, the Director of the National Institutes of Health, the

Director of the National Institute of Mental Health, the

Administrator of the National Aeronautics and Space Administration,

the Secretary of Transportation, the Assistant Secretary of the

Interior for Indian Affairs, the Director of the Indian Health

Service, and the Director of the National Science Foundation.

(2) The Committee shall meet not less than four times each year.

(b) Duties

(1) After receiving input from targeted individuals, the

Committee shall identify, assess, and seek to coordinate all

Federal programs, activities, and projects, and plans for such

programs, activities, and projects with respect to the conduct of

research (including assistive technology research and research that

incorporates the principles of universal design) related to

rehabilitation of individuals with disabilities.

(2) In carrying out its duties with respect to the conduct of

Federal research (including assistive technology research and

research that incorporates the principles of universal design)

related to rehabilitation of individuals with disabilities, the

Committee shall -

(A) share information regarding the range of assistive

technology research, and research that incorporates the

principles of universal design, that is being carried out by

members of the Committee and other Federal departments and

organizations;

(B) identify, and make efforts to address, gaps in assistive

technology research and research that incorporates the principles

of universal design that are not being adequately addressed;

(C) identify, and establish, clear research priorities related

to assistive technology research and research that incorporates

the principles of universal design for the Federal Government;

(D) promote interagency collaboration and joint research

activities relating to assistive technology research and research

that incorporates the principles of universal design at the

Federal level, and reduce unnecessary duplication of effort

regarding these types of research within the Federal Government;

and

(E) optimize the productivity of Committee members through

resource sharing and other cost-saving activities, related to

assistive technology research and research that incorporates the

principles of universal design.

(c) Annual report

Not later than December 31 of each year, the Committee shall

prepare and submit, to the President and to the Committee on

Education and the Workforce of the House of Representatives and the

Committee on Labor and Human Resources of the Senate, a report that

-

(1) describes the progress of the Committee in fulfilling the

duties described in subsection (b) of this section;

(2) makes such recommendations as the Committee determines to

be appropriate with respect to coordination of policy and

development of objectives and priorities for all Federal programs

relating to the conduct of research (including assistive

technology research and research that incorporates the principles

of universal design) related to rehabilitation of individuals

with disabilities; and

(3) describes the activities that the Committee recommended to

be funded through grants, contracts, cooperative agreements, and

other mechanisms, for assistive technology research and

development and research and development that incorporates the

principles of universal design.

(d) Recommendations

(1) In order to promote coordination and cooperation among

Federal departments and agencies conducting assistive technology

research programs, to reduce duplication of effort among the

programs, and to increase the availability of assistive technology

for individuals with disabilities, the Committee may recommend

activities to be funded through grants, contracts or cooperative

agreements, or other mechanisms -

(A) in joint research projects for assistive technology

research and research that incorporates the principles of

universal design; and

(B) in other programs designed to promote a cohesive, strategic

Federal program of research described in subparagraph (A).

(2) The projects and programs described in paragraph (1) shall be

jointly administered by at least 2 agencies or departments with

representatives on the Committee.

(3) In recommending activities to be funded in the projects and

programs, the Committee shall obtain input from targeted

individuals, and other organizations and individuals the Committee

determines to be appropriate, concerning the availability and

potential of technology for individuals with disabilities.

(e) Definitions

In this section, the terms "assistive technology", "targeted

individuals", and "universal design" have the meanings given the

terms in section 3002 of this title.

-SOURCE-

(Pub. L. 93-112, title II, Sec. 203, as added Pub. L. 105-220,

title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1173; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-412; Pub. L. 105-394, title II, Sec.

201, Nov. 13, 1998, 112 Stat. 3651.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 761b

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 763, Pub. L. 93-112, title II, Sec. 203, Sept.

26, 1973, 87 Stat. 376, relating to making of grants and contracts

for training of personnel involved in vocational services to

handicapped individuals, was renumbered section 304 of Pub. L.

93-112 and transferred to section 774 of this title.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to directory

language of Pub. L. 105-220, Sec. 405, which enacted this section.

Subsec. (a)(1). Pub. L. 105-394, Sec. 201(1), inserted "including

programs relating to assistive technology research and research

that incorporates the principles of universal design," after

"programs,".

Subsec. (b). Pub. L. 105-394, Sec. 201(2), designated existing

provisions as par. (1), substituted "targeted individuals" for

"individuals with disabilities and the individuals'

representatives", inserted "(including assistive technology

research and research that incorporates the principles of universal

design)" after "research", and added par. (2).

Subsec. (c). Pub. L. 105-394, Sec. 201(3), added subsec. (c) and

struck out former subsec. (c) which read as follows: "The Committee

shall annually submit to the President and to the appropriate

committees of the Congress a report making such recommendations as

the Committee deems appropriate with respect to coordination of

policy and development of objectives and priorities for all Federal

programs relating to the conduct of research related to

rehabilitation of individuals with disabilities."

Subsecs. (d), (e). Pub. L. 105-394, Sec. 201(4), added subsecs.

(d) and (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 762, 3037 of this title.

-End-

-CITE-

29 USC Sec. 764 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-

Sec. 764. Research and other covered activities

-STATUTE-

(a) Federal grants and contracts for certain research projects and

related activities

(1) To the extent consistent with priorities established in the

5-year plan described in section 762(h) of this title, the Director

may make grants to and contracts with States and public or private

agencies and organizations, including institutions of higher

education, Indian tribes, and tribal organizations, to pay part of

the cost of projects for the purpose of planning and conducting

research, demonstration projects, training, and related activities,

the purposes of which are to develop methods, procedures, and

rehabilitation technology, that maximize the full inclusion and

integration into society, employment, independent living, family

support, and economic and social self-sufficiency of individuals

with disabilities, especially individuals with the most significant

disabilities, and improve the effectiveness of services authorized

under this chapter.

(2)(A) In carrying out this section, the Director shall emphasize

projects that support the implementation of subchapters I, III, V,

VI, and VII of this chapter, including projects addressing the

needs described in the State plans submitted under section 721 or

796c of this title by State agencies.

(B) Such projects, as described in the State plans submitted by

State agencies, may include -

(i) medical and other scientific, technical, methodological,

and other investigations into the nature of disability, methods

of analyzing it, and restorative techniques, including basic

research where related to rehabilitation techniques or services;

(ii) studies and analysis of industrial, vocational, social,

recreational, psychiatric, psychological, economic, and other

factors affecting rehabilitation of individuals with

disabilities;

(iii) studies and analysis of special problems of individuals

who are homebound and individuals who are institutionalized;

(iv) studies, analyses, and demonstrations of architectural and

engineering design adapted to meet the special needs of

individuals with disabilities;

(v) studies, analyses, and other activities related to

supported employment;

(vi) related activities which hold promise of increasing

knowledge and improving methods in the rehabilitation of

individuals with disabilities and individuals with the most

significant disabilities, particularly individuals with

disabilities, and individuals with the most significant

disabilities, who are members of populations that are unserved or

underserved by programs under this chapter; and

(vii) studies, analyses, and other activities related to job

accommodations, including the use of rehabilitation engineering

and assistive technology.

(b) Research grants

(1) In addition to carrying out projects under subsection (a) of

this section, the Director may make grants under this subsection

(referred to in this subsection as "research grants") to pay part

or all of the cost of the research or other specialized covered

activities described in paragraphs (2) through (18). A research

grant made under any of paragraphs (2) through (18) may only be

used in a manner consistent with priorities established in the

5-year plan described in section 762(h) of this title.

(2)(A) Research grants may be used for the establishment and

support of Rehabilitation Research and Training Centers, for the

purpose of providing an integrated program of research, which

Centers shall -

(i) be operated in collaboration with institutions of higher

education or providers of rehabilitation services or other

appropriate services; and

(ii) serve as centers of national excellence and national or

regional resources for providers and individuals with

disabilities and the individuals' representatives.

(B) The Centers shall conduct research and training activities by

-

(i) conducting coordinated and advanced programs of research in

rehabilitation targeted toward the production of new knowledge

that will improve rehabilitation methodology and service delivery

systems, alleviate or stabilize disabling conditions, and promote

maximum social and economic independence of individuals with

disabilities, especially promoting the ability of the individuals

to prepare for, secure, retain, regain, or advance in employment;

(ii) providing training (including graduate, pre-service, and

in-service training) to assist individuals to more effectively

provide rehabilitation services;

(iii) providing training (including graduate, pre-service, and

in-service training) for rehabilitation research personnel and

other rehabilitation personnel; and

(iv) serving as an informational and technical assistance

resource to providers, individuals with disabilities, and the

individuals' representatives, through conferences, workshops,

public education programs, in-service training programs, and

similar activities.

(C) The research to be carried out at each such Center may

include -

(i) basic or applied medical rehabilitation research;

(ii) research regarding the psychological and social aspects of

rehabilitation, including disability policy;

(iii) research related to vocational rehabilitation;

(iv) continuation of research that promotes the emotional,

social, educational, and functional growth of children who are

individuals with disabilities;

(v) continuation of research to develop and evaluate

interventions, policies, and services that support families of

those children and adults who are individuals with disabilities;

and

(vi) continuation of research that will improve services and

policies that foster the productivity, independence, and social

integration of individuals with disabilities, and enable

individuals with disabilities, including individuals with mental

retardation and other developmental disabilities, to live in

their communities.

(D) Training of students preparing to be rehabilitation personnel

shall be an important priority for such a Center.

(E) The Director shall make grants under this paragraph to

establish and support both comprehensive centers dealing with

multiple disabilities and centers primarily focused on particular

disabilities.

(F) Grants made under this paragraph may be used to provide funds

for services rendered by such a Center to individuals with

disabilities in connection with the research and training

activities.

(G) Grants made under this paragraph may be used to provide

faculty support for teaching -

(i) rehabilitation-related courses of study for credit; and

(ii) other courses offered by the Centers, either directly or

through another entity.

(H) The research and training activities conducted by such a

Center shall be conducted in a manner that is accessible to and

usable by individuals with disabilities.

(I) The Director shall encourage the Centers to develop practical

applications for the findings of the research of the Centers.

(J) In awarding grants under this paragraph, the Director shall

take into consideration the location of any proposed Center and the

appropriate geographic and regional allocation of such Centers.

(K) To be eligible to receive a grant under this paragraph, each

such institution or provider described in subparagraph (A) shall -

(i) be of sufficient size, scope, and quality to effectively

carry out the activities in an efficient manner consistent with

appropriate Federal and State law; and

(ii) demonstrate the ability to carry out the training

activities either directly or through another entity that can

provide such training.

(L) The Director shall make grants under this paragraph for

periods of 5 years, except that the Director may make a grant for a

period of less than 5 years if -

(i) the grant is made to a new recipient; or

(ii) the grant supports new or innovative research.

(M) Grants made under this paragraph shall be made on a

competitive basis. To be eligible to receive a grant under this

paragraph, a prospective grant recipient shall submit an

application to the Director at such time, in such manner, and

containing such information as the Director may require.

(N) In conducting scientific peer review under section 762(f) of

this title of an application for the renewal of a grant made under

this paragraph, the peer review panel shall take into account the

past performance of the applicant in carrying out the grant and

input from individuals with disabilities and the individuals'

representatives.

(O) An institution or provider that receives a grant under this

paragraph to establish such a Center may not collect more than 15

percent of the amount of the grant received by the Center in

indirect cost charges.

(3)(A) Research grants may be used for the establishment and

support of Rehabilitation Engineering Research Centers, operated by

or in collaboration with institutions of higher education or

nonprofit organizations, to conduct research or demonstration

activities, and training activities, regarding rehabilitation

technology, including rehabilitation engineering, assistive

technology devices, and assistive technology services, for the

purposes of enhancing opportunities for better meeting the needs

of, and addressing the barriers confronted by, individuals with

disabilities in all aspects of their lives.

(B) In order to carry out the purposes set forth in subparagraph

(A), such a Center shall carry out the research or demonstration

activities by -

(i) developing and disseminating innovative methods of applying

advanced technology, scientific achievement, and psychological

and social knowledge to -

(I) solve rehabilitation problems and remove environmental

barriers through planning and conducting research, including

cooperative research with public or private agencies and

organizations, designed to produce new scientific knowledge,

and new or improved methods, equipment, and devices; and

(II) study new or emerging technologies, products, or

environments, and the effectiveness and benefits of such

technologies, products, or environments;

(ii) demonstrating and disseminating -

(I) innovative models for the delivery, to rural and urban

areas, of cost-effective rehabilitation technology services

that promote utilization of assistive technology devices; and

(II) other scientific research to assist in meeting the

employment and independent living needs of individuals with

significant disabilities; or

(iii) conducting research or demonstration activities that

facilitate service delivery systems change by demonstrating,

evaluating, documenting, and disseminating -

(I) consumer responsive and individual and family-centered

innovative models for the delivery to both rural and urban

areas, of innovative cost-effective rehabilitation technology

services that promote utilization of rehabilitation technology;

and

(II) other scientific research to assist in meeting the

employment and independent living needs of, and addressing the

barriers confronted by, individuals with disabilities,

including individuals with significant disabilities.

(C) To the extent consistent with the nature and type of research

or demonstration activities described in subparagraph (B), each

Center established or supported through a grant made available

under this paragraph shall -

(i) cooperate with programs established under the Assistive

Technology Act of 1998 [29 U.S.C. 3001 et seq.] and other

regional and local programs to provide information to individuals

with disabilities and the individuals' representatives to -

(I) increase awareness and understanding of how

rehabilitation technology can address their needs; and

(II) increase awareness and understanding of the range of

options, programs, services, and resources available, including

financing options for the technology and services covered by

the area of focus of the Center;

(ii) provide training opportunities to individuals, including

individuals with disabilities, to become researchers of

rehabilitation technology and practitioners of rehabilitation

technology in conjunction with institutions of higher education

and nonprofit organizations; and

(iii) respond, through research or demonstration activities, to

the needs of individuals with all types of disabilities who may

benefit from the application of technology within the area of

focus of the Center.

(D)(i) In establishing Centers to conduct the research or

demonstration activities described in subparagraph (B)(iii), the

Director may establish one Center in each of the following areas of

focus:

(I) Early childhood services, including early intervention and

family support.

(II) Education at the elementary and secondary levels,

including transition from school to postschool activities.

(III) Employment, including supported employment, and

reasonable accommodations and the reduction of environmental

barriers as required by the Americans with Disabilities Act of

1990 (42 U.S.C. 12101 et seq.) and subchapter V of this chapter.

(IV) Independent living, including transition from

institutional to community living, maintenance of community

living on leaving the workforce, self-help skills, and activities

of daily living.

(ii) Each Center conducting the research or demonstration

activities described in subparagraph (B)(iii) shall have an

advisory committee, of which the majority of members are

individuals with disabilities who are users of rehabilitation

technology, and the individuals' representatives.

(E) Grants made under this paragraph shall be made on a

competitive basis and shall be for a period of 5 years, except that

the Director may make a grant for a period of less than 5 years if

-

(i) the grant is made to a new recipient; or

(ii) the grant supports new or innovative research.

(F) To be eligible to receive a grant under this paragraph, a

prospective grant recipient shall submit an application to the

Director at such time, in such manner, and containing such

information as the Director may require.

(G) Each Center established or supported through a grant made

available under this paragraph shall -

(i) cooperate with State agencies and other local, State,

regional, and national programs and organizations developing or

delivering rehabilitation technology, including State programs

funded under the Assistive Technology Act of 1998 [29 U.S.C. 3001

et seq.]; and

(ii) prepare and submit to the Director as part of an

application for continuation of a grant, or as a final report, a

report that documents the outcomes of the program of the Center

in terms of both short- and long-term impact on the lives of

individuals with disabilities, and such other information as may

be requested by the Director.

(4)(A) Research grants may be used to conduct a program for

spinal cord injury research, including conducting such a program by

making grants to public or private agencies and organizations to

pay part or all of the costs of special projects and demonstration

projects for spinal cord injuries, that will -

(i) ensure widespread dissemination of research findings among

all Spinal Cord Injury Centers, to rehabilitation practitioners,

individuals with spinal cord injury, the individuals'

representatives, and organizations receiving financial assistance

under this paragraph;

(ii) provide encouragement and support for initiatives and new

approaches by individual and institutional investigators; and

(iii) establish and maintain close working relationships with

other governmental and voluntary institutions and organizations

engaged in similar efforts in order to unify and coordinate

scientific efforts, encourage joint planning, and promote the

interchange of data and reports among spinal cord injury

investigations.

(B) Any agency or organization carrying out a project or

demonstration project assisted by a grant under this paragraph that

provides services to individuals with spinal cord injuries shall -

(i) establish, on an appropriate regional basis, a

multidisciplinary system of providing vocational and other

rehabilitation services, specifically designed to meet the

special needs of individuals with spinal cord injuries, including

acute care as well as periodic inpatient or outpatient followup

and services;

(ii) demonstrate and evaluate the benefits to individuals with

spinal cord injuries served in, and the degree of

cost-effectiveness of, such a regional system;

(iii) demonstrate and evaluate existing, new, and improved

methods and rehabilitation technology essential to the care,

management, and rehabilitation of individuals with spinal cord

injuries; and

(iv) demonstrate and evaluate methods of community outreach for

individuals with spinal cord injuries and community education in

connection with the problems of such individuals in areas such as

housing, transportation, recreation, employment, and community

activities.

(C) In awarding grants under this paragraph, the Director shall

take into account the location of any proposed Spinal Cord Injury

Center and the appropriate geographic and regional allocation of

such Centers.

(5) Research grants may be used to conduct a program for

end-stage renal disease research, to include support of projects

and demonstrations for providing special services (including

transplantation and dialysis), artificial kidneys, and supplies

necessary for the rehabilitation of individuals with such disease

and which will -

(A) ensure dissemination of research findings;

(B) provide encouragement and support for initiatives and new

approaches by individuals and institutional investigators; and

(C) establish and maintain close working relationships with

other governmental and voluntary institutions and organizations

engaged in similar efforts,

in order to unify and coordinate scientific efforts, encourage

joint planning, and promote the interchange of data and reports

among investigators in the field of end-stage renal disease. No

person shall be selected to participate in such program who is

eligible for services for such disease under any other provision of

law.

(6) Research grants may be used to conduct a program for

international rehabilitation research, demonstration, and training

for the purpose of developing new knowledge and methods in the

rehabilitation of individuals with disabilities in the United

States, cooperating with and assisting in developing and sharing

information found useful in other nations in the rehabilitation of

individuals with disabilities, and initiating a program to exchange

experts and technical assistance in the field of rehabilitation of

individuals with disabilities with other nations as a means of

increasing the levels of skill of rehabilitation personnel.

(7) Research grants may be used to conduct a research program

concerning the use of existing telecommunications systems

(including telephone, television, satellite, radio, and other

similar systems) which have the potential for substantially

improving service delivery methods, and the development of

appropriate programming to meet the particular needs of individuals

with disabilities.

(8) Research grants may be used to conduct a program of joint

projects with the National Institutes of Health, the National

Institute of Mental Health, the Health Services Administration, the

Administration on Aging, the National Science Foundation, the

Veterans' Administration, the Department of Health and Human

Services, the National Aeronautics and Space Administration, other

Federal agencies, and private industry in areas of joint interest

involving rehabilitation.

(9) Research grants may be used to conduct a program of research

related to the rehabilitation of children, or older individuals,

who are individuals with disabilities, including older American

Indians who are individuals with disabilities. Such research

program may include projects designed to assist the adjustment of,

or maintain as residents in the community, older workers who are

individuals with disabilities on leaving the workforce.

(10) Research grants may be used to conduct a research program to

develop and demonstrate innovative methods to attract and retain

professionals to serve in rural areas in the rehabilitation of

individuals with disabilities, including individuals with

significant disabilities.

(11) Research grants may be used to conduct a model research and

demonstration project designed to assess the feasibility of

establishing a center for producing and distributing to individuals

who are deaf or hard of hearing captioned video cassettes providing

a broad range of educational, cultural, scientific, and vocational

programming.

(12) Research grants may be used to conduct a model research and

demonstration program to develop innovative methods of providing

services for preschool age children who are individuals with

disabilities, including -

(A) early intervention, assessment, parent counseling, infant

stimulation, early identification, diagnosis, and evaluation of

children who are individuals with significant disabilities up to

the age of five, with a special emphasis on children who are

individuals with significant disabilities up to the age of three;

(B) such physical therapy, language development, pediatric,

nursing, psychological, and psychiatric services as are necessary

for such children; and

(C) appropriate services for the parents of such children,

including psychological and psychiatric services, parent

counseling, and training.

(13) Research grants may be used to conduct a model research and

training program under which model training centers shall be

established to develop and use more advanced and effective methods

of evaluating and addressing the employment needs of individuals

with disabilities, including programs that -

(A) provide training and continuing education for personnel

involved with the employment of individuals with disabilities;

(B) develop model procedures for testing and evaluating the

employment needs of individuals with disabilities;

(C) develop model training programs to teach individuals with

disabilities skills which will lead to appropriate employment;

(D) develop new approaches for job placement of individuals

with disabilities, including new followup procedures relating to

such placement;

(E) provide information services regarding education, training,

employment, and job placement for individuals with disabilities;

and

(F) develop new approaches and provide information regarding

job accommodations, including the use of rehabilitation

engineering and assistive technology.

(14) Research grants may be used to conduct a rehabilitation

research program under which financial assistance is provided in

order to -

(A) test new concepts and innovative ideas;

(B) demonstrate research results of high potential benefits;

(C) purchase prototype aids and devices for evaluation;

(D) develop unique rehabilitation training curricula; and

(E) be responsive to special initiatives of the Director.

No single grant under this paragraph may exceed $50,000 in any

fiscal year and all payments made under this paragraph in any

fiscal year may not exceed 5 percent of the amount available for

this section to the National Institute on Disability and

Rehabilitation Research in any fiscal year. Regulations and

administrative procedures with respect to financial assistance

under this paragraph shall, to the maximum extent possible, be

expedited.

(15) Research grants may be used to conduct studies of the

rehabilitation needs of American Indian populations and of

effective mechanisms for the delivery of rehabilitation services to

Indians residing on and off reservations.

(16) Research grants may be used to conduct a demonstration

program under which one or more projects national in scope shall be

established to develop procedures to provide incentives for the

development, manufacturing, and marketing of orphan technological

devices, including technology transfer concerning such devices,

designed to enable individuals with disabilities to achieve

independence and access to gainful employment.

(17)(A) Research grants may be used to conduct a research program

related to quality assurance in the area of rehabilitation

technology.

(B) Activities carried out under the research program may include

-

(i) the development of methodologies to evaluate rehabilitation

technology products and services and the dissemination of the

methodologies to consumers and other interested parties;

(ii) identification of models for service provider training and

evaluation and certification of the effectiveness of the models;

(iii) identification and dissemination of outcome measurement

models for the assessment of rehabilitation technology products

and services; and

(iv) development and testing of research-based tools to enhance

consumer decisionmaking about rehabilitation technology products

and services.

(18) Research grants may be used to provide for research and

demonstration projects and related activities that explore the use

and effectiveness of specific alternative or complementary medical

practices for individuals with disabilities. Such projects and

activities may include projects and activities designed to -

(A) determine the use of specific alternative or complementary

medical practices among individuals with disabilities and the

perceived effectiveness of the practices;

(B) determine the specific information sources, decisionmaking

methods, and methods of payment used by individuals with

disabilities who access alternative or complementary medical

services;

(C) develop criteria to screen and assess the validity of

research studies of such practices for individuals with

disabilities; and

(D) determine the effectiveness of specific alternative or

complementary medical practices that show promise for promoting

increased functioning, prevention of secondary disabilities, or

other positive outcomes for individuals with certain types of

disabilities, by conducting controlled research studies.

(c) Site visits; grant limitations

(1) In carrying out evaluations of covered activities under this

section, the Director is authorized to make arrangements for site

visits to obtain information on the accomplishments of the

projects.

(2) The Director shall not make a grant under this section that

exceeds $500,000 unless the peer review of the grant application

has included a site visit.

-SOURCE-

(Pub. L. 93-112, title II, Sec. 204, as added Pub. L. 105-220,

title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1173; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-412; Pub. L. 105-394, title IV, Sec.

402(b), Nov. 13, 1998, 112 Stat. 3661.)

-REFTEXT-

REFERENCES IN TEXT

The Assistive Technology Act of 1998, referred to in subsec.

(b)(3)(C)(i), (G)(i), is Pub. L. 105-394, Nov. 13, 1998, 112 Stat.

3627, which is classified principally to chapter 31 (Sec. 3001 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 3001 of this title

and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(3)(D)(i)(III), is Pub. L. 101-336, July 26, 1990, 104

Stat. 327, as amended, which is classified principally to chapter

126 (Sec. 12101 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 12101 of Title 42 and

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 762

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 764, Pub. L. 93-112, title II, Sec. 204, Sept.

26, 1973, 87 Stat. 376, provided that a full report on research and

training activities be included in annual report to Congress, prior

to repeal by Pub. L. 95-602, title I, Sec. 109(3), Nov. 6, 1978, 92

Stat. 2963.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to directory

language of Pub. L. 105-220, Sec. 405, which enacted this section.

Subsec. (b)(3)(C)(i), (G)(i). Pub. L. 105-394 substituted "the

Assistive Technology Act of 1998" for "the Technology-Related

Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C.

2201 et seq.)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 761 of this title; title

38 sections 3904, 7303.

-End-

-CITE-

29 USC Sec. 765 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-

Sec. 765. Rehabilitation Research Advisory Council

-STATUTE-

(a) Establishment

Subject to the availability of appropriations, the Secretary

shall establish in the Department of Education a Rehabilitation

Research Advisory Council (referred to in this section as the

"Council") composed of 12 members appointed by the Secretary.

(b) Duties

The Council shall advise the Director with respect to research

priorities and the development and revision of the 5-year plan

required by section 762(h) of this title.

(c) Qualifications

Members of the Council shall be generally representative of the

community of rehabilitation professionals, the community of

rehabilitation researchers, the community of individuals with

disabilities, and the individuals' representatives. At least

one-half of the members shall be individuals with disabilities or

the individuals' representatives.

(d) Terms of appointment

(1) Length of term

Each member of the Council shall serve for a term of up to 3

years, determined by the Secretary, except that -

(A) a member appointed to fill a vacancy occurring prior to

the expiration of the term for which a predecessor was

appointed, shall be appointed for the remainder of such term;

and

(B) the terms of service of the members initially appointed

shall be (as specified by the Secretary) for such fewer number

of years as will provide for the expiration of terms on a

staggered basis.

(2) Number of terms

No member of the Council may serve more than two consecutive

full terms. Members may serve after the expiration of their terms

until their successors have taken office.

(e) Vacancies

Any vacancy occurring in the membership of the Council shall be

filled in the same manner as the original appointment for the

position being vacated. The vacancy shall not affect the power of

the remaining members to execute the duties of the Council.

(f) Payment and expenses

(1) Payment

Each member of the Council who is not an officer or full-time

employee of the Federal Government shall receive a payment of

$150 for each day (including travel time) during which the member

is engaged in the performance of duties for the Council. All

members of the Council who are officers or full-time employees of

the United States shall serve without compensation in addition to

compensation received for their services as officers or employees

of the United States.

(2) Travel expenses

Each member of the Council may receive travel expenses,

including per diem in lieu of subsistence, as authorized by

section 5703 of title 5 for employees serving intermittently in

the Government service, for each day the member is engaged in the

performance of duties away from the home or regular place of

business of the member.

(g) Detail of Federal employees

On the request of the Council, the Secretary may detail, with or

without reimbursement, any of the personnel of the Department of

Education to the Council to assist the Council in carrying out its

duties. Any detail shall not interrupt or otherwise affect the

civil service status or privileges of the Federal employee.

(h) Technical assistance

On the request of the Council, the Secretary shall provide such

technical assistance to the Council as the Council determines to be

necessary to carry out its duties.

(i) Termination

Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)

shall not apply with respect to the Council.

-SOURCE-

(Pub. L. 93-112, title II, Sec. 205, as added Pub. L. 105-220,

title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1182; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Secs. 401(16),

402(b)(11)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412,

2681-414.)

-REFTEXT-

REFERENCES IN TEXT

Section 14 of the Federal Advisory Committee Act, referred to in

subsec. (i), is section 14 of Pub. L. 92-463, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 765, Pub. L. 93-112, title II, Sec. 205, as added

Pub. L. 102-569, title II, Sec. 206(a), Oct. 29, 1992, 106 Stat.

4409, related to the Rehabilitation Research Advisory Council,

prior to the general amendment of this subchapter by Pub. L.

105-220.

A prior section 770, Pub. L. 93-112, title III, Sec. 301,

formerly Sec. 300, Sept. 26, 1973, 87 Stat. 377; Pub. L. 95-602,

title I, Sec. 122(c)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L.

99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810;

Pub. L. 100-630, title II, Sec. 204(a), Nov. 7, 1988, 102 Stat.

3308; renumbered Sec. 301 and amended Pub. L. 102-569, title I,

Sec. 102(p)(15), title III, Sec. 301(a), (b)(3), Oct. 29, 1992, 106

Stat. 4358, 4410, 4411, contained congressional declaration of

purpose, prior to the general amendment of subchapter III of this

chapter by Pub. L. 105-220.

AMENDMENTS

1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

402(b)(11)], made technical amendment to section designation and

catchline in original.

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 401(16)], made

technical amendment to directory language of Pub. L. 105-220, Sec.

405, which enacted this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 761, 762 of this title.

-End-

-CITE-

29 USC SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND

SPECIAL PROJECTS AND DEMONSTRATIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND

DEMONSTRATIONS

-HEAD-

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND

DEMONSTRATIONS

-COD-

CODIFICATION

Title III of the Rehabilitation Act of 1973, comprising this

subchapter, was originally enacted by Pub. L. 93-112, title III,

Sept. 26, 1973, 87 Stat. 377, and amended by Pub. L. 93-516, Dec.

7, 1974, 88 Stat. 1617; Pub. L. 93-651, Nov. 21, 1974, 89 Stat.

2-3; Pub. L. 94-230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 94-273,

Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-288, May 21, 1976, 90 Stat.

520; Pub. L. 95-602, Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98-221,

Feb. 22, 1984, 98 Stat. 17; Pub. L. 99-506, Oct. 21, 1986, 100

Stat. 1807; Pub. L. 100-630, Nov. 7, 1988, 102 Stat. 3289; Pub. L.

102-52, June 6, 1991, 105 Stat. 260; Pub. L. 102-119, Oct. 7, 1991,

105 Stat. 587; Pub. L. 102-569, Oct. 29, 1992, 106 Stat. 4344; Pub.

L. 103-73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 103-218, Mar. 9,

1994, 108 Stat. 50; Pub. L. 104-66, Dec. 21, 1995, 109 Stat. 707.

Title III is shown herein, however, as having been added by Pub. L.

105-220, title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1183, without

reference to those intervening amendments because of the extensive

revision of title III by Pub. L. 105-220.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 705, 718, 764 of this

title.

-End-

-CITE-

29 USC Sec. 771 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND

DEMONSTRATIONS

-HEAD-

Sec. 771. Declaration of purpose and competitive basis of grants

and contracts

-STATUTE-

(a) Purpose

It is the purpose of this subchapter to authorize grants and

contracts to -

(1)(A) provide academic training to ensure that skilled

personnel are available to provide rehabilitation services to

individuals with disabilities through vocational, medical,

social, and psychological rehabilitation programs (including

supported employment programs), through economic and business

development programs, through independent living services

programs, and through client assistance programs; and

(B) provide training to maintain and upgrade basic skills and

knowledge of personnel (including personnel specifically trained

to deliver services to individuals with disabilities whose

employment outcome is self-employment or telecommuting) employed

to provide state-of-the-art service delivery and rehabilitation

technology services;

(2) conduct special projects and demonstrations that expand and

improve the provision of rehabilitation and other services

(including those services provided through community

rehabilitation programs) authorized under this chapter, or that

otherwise further the purposes of this chapter, including related

research and evaluation;

(3) provide vocational rehabilitation services to individuals

with disabilities who are migrant or seasonal farmworkers;

(4) initiate recreational programs to provide recreational

activities and related experiences for individuals with

disabilities to aid such individuals in employment, mobility,

socialization, independence, and community integration; and

(5) provide training and information to individuals with

disabilities and the individuals' representatives, and other

appropriate parties to develop the skills necessary for

individuals with disabilities to gain access to the

rehabilitation system and statewide workforce investment systems

and to become active decisionmakers in the rehabilitation

process.

(b) Competitive basis of grants and contracts

The Secretary shall ensure that all grants and contracts are

awarded under this subchapter on a competitive basis.

-SOURCE-

(Pub. L. 93-112, title III, Sec. 301, as added Pub. L. 105-220,

title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1183.)

-MISC1-

PRIOR PROVISIONS

A prior section 771, Pub. L. 93-112, title III, Sec. 301, Sept.

26, 1973, 87 Stat. 377; Pub. L. 93-516, title I, Sec. 104, Dec. 7,

1974, 88 Stat. 1618; Pub. L. 93-651, title I, Sec. 104, Nov. 21,

1974, 89 Stat. 2-4; Pub. L. 94-230, Secs. 4, 11(b)(7), Mar. 15,

1976, 90 Stat. 211, 213; Pub. L. 94-273, Sec. 3(18), Apr. 21, 1976,

90 Stat. 377; Pub. L. 95-602, title I, Secs. 112(a), 122(c)(2),

Nov. 6, 1978, 92 Stat. 2967, 2987; Pub. L. 98-221, title I, Sec.

131, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99-506, title IV, Sec.

401, title X, Sec. 1002(d)(1), Oct. 21, 1986, 100 Stat. 1823, 1844;

Pub. L. 102-52, Sec. 4(a), June 6, 1991, 105 Stat. 261, related to

grants for construction of rehabilitation facilities, staffing, and

planning assistance, prior to repeal by Pub. L. 102-569, title III,

Sec. 301(b)(2), Oct. 29, 1992, 106 Stat. 4411.

A prior section 301 of Pub. L. 93-112 was classified to section

770 of this title prior to the general amendment of this subchapter

by Pub. L. 105-220.

A prior section 771a, Pub. L. 93-112, title III, Sec. 302,

formerly title II, Sec. 203, Sept. 26, 1973, 87 Stat. 376;

renumbered title III, Sec. 304, and amended Pub. L. 95-602, title

I, Secs. 109(2), 114, Nov. 6, 1978, 92 Stat. 2963, 2970; Pub. L.

98-221, title I, Sec. 133, Feb. 22, 1984, 98 Stat. 24; Pub. L.

99-506, title I, Sec. 103(d)(2)(C), title IV, Sec. 403, title X,

Sec. 1002(d)(2), Oct. 21, 1986, 100 Stat. 1810, 1824, 1844; Pub. L.

100-630, title II, Sec. 204(c), Nov. 7, 1988, 102 Stat. 3308; Pub.

L. 102-52, Sec. 4(c), June 6, 1991, 105 Stat. 261; Pub. L. 102-119,

Sec. 26(e), Oct. 7, 1991, 105 Stat. 607; renumbered Sec. 302 and

amended Pub. L. 102-569, title I, Sec. 102(p)(18), title III, Secs.

301(b)(3), (4), 302, Oct. 29, 1992, 106 Stat. 4358, 4411; Pub. L.

103-73, title I, Sec. 110(a), Aug. 11, 1993, 107 Stat. 726; Pub. L.

103-218, title IV, Sec. 402(b), Mar. 9, 1994, 108 Stat. 96; Pub. L.

104-66, title I, Sec. 1042(d), Dec. 21, 1995, 109 Stat. 715,

related to assistance for training, prior to the general amendment

of this subchapter by Pub. L. 105-220. See section 772 of this

title.

-End-

-CITE-

29 USC Sec. 772 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND

DEMONSTRATIONS

-HEAD-

Sec. 772. Training

-STATUTE-

(a) Grants and contracts for personnel training

(1) Authority

The Commissioner shall make grants to, and enter into contracts

with, States and public or nonprofit agencies and organizations

(including institutions of higher education) to pay part of the

cost of projects to provide training, traineeships, and related

activities, including the provision of technical assistance, that

are designed to assist in increasing the numbers of, and

upgrading the skills of, qualified personnel (especially

rehabilitation counselors) who are trained in providing

vocational, medical, social, and psychological rehabilitation

services, who are trained to assist individuals with

communication and related disorders, who are trained to provide

other services provided under this chapter, to individuals with

disabilities, and who may include -

(A) personnel specifically trained in providing employment

assistance to individuals with disabilities through job

development and job placement services;

(B) personnel specifically trained to identify, assess, and

meet the individual rehabilitation needs of individuals with

disabilities, including needs for rehabilitation technology;

(C) personnel specifically trained to deliver services to

individuals who may benefit from receiving independent living

services;

(D) personnel specifically trained to deliver services in the

client assistance programs;

(E) personnel specifically trained to deliver services,

through supported employment programs, to individuals with a

most significant disability; and

(F) personnel specifically trained to deliver services to

individuals with disabilities pursuing self-employment,

business ownership, and telecommuting; and

(G) personnel trained in performing other functions necessary

to the provision of vocational, medical, social, and

psychological rehabilitation services, and other services

provided under this chapter.

(2) Authority to provide scholarships

Grants and contracts under paragraph (1) may be expended for

scholarships and may include necessary stipends and allowances.

(3) Related Federal statutes

In carrying out this subsection, the Commissioner may make

grants to and enter into contracts with States and public or

nonprofit agencies and organizations, including institutions of

higher education, to furnish training regarding provisions of

Federal statutes, including section 794 of this title, title I of

the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et

seq.), and the provisions of titles II and XVI of the Social

Security Act (42 U.S.C. 401 et seq. and 1381 et seq.), that are

related to work incentives for individuals with disabilities.

(4) Training for statewide workforce systems personnel

The Commissioner may make grants to and enter into contracts

under this subsection with States and public or nonprofit

agencies and organizations, including institutions of higher

education, to furnish training to personnel providing services to

individuals with disabilities under title I of the Workforce

Investment Act of 1998 [29 U.S.C. 2801 et seq.]. Under this

paragraph, personnel may be trained -

(A) in evaluative skills to determine whether an individual

with a disability may be served by the State vocational

rehabilitation program or another component of a statewide

workforce investment system; or

(B) to assist individuals with disabilities seeking

assistance through one-stop delivery systems described in

section 134(c) of the Workforce Investment Act of 1998 [29

U.S.C. 2864(c)].

(5) Joint funding

Training and other activities provided under paragraph (4) for

personnel may be jointly funded with the Department of Labor,

using funds made available under title I of the Workforce

Investment Act of 1998 [29 U.S.C. 2801 et seq.].

(b) Grants and contracts for academic degrees and academic

certificate granting training projects

(1) Authority

(A) In general

The Commissioner may make grants to, and enter into contracts

with, States and public or nonprofit agencies and organizations

(including institutions of higher education) to pay part of the

costs of academic training projects to provide training that

leads to an academic degree or academic certificate. In making

such grants or entering into such contracts, the Commissioner

shall target funds to areas determined under subsection (e) of

this section to have shortages of qualified personnel.

(B) Types of projects

Academic training projects described in this subsection may

include -

(i) projects to train personnel in the areas of assisting

and supporting individuals with disabilities pursuing

self-employment, business ownership, and telecommuting, and

of vocational rehabilitation counseling, rehabilitation

technology, rehabilitation medicine, rehabilitation nursing,

rehabilitation social work, rehabilitation psychiatry,

rehabilitation psychology, rehabilitation dentistry, physical

therapy, occupational therapy, speech pathology and

audiology, physical education, therapeutic recreation,

community rehabilitation programs, or prosthetics and

orthotics;

(ii) projects to train personnel to provide -

(I) services to individuals with specific disabilities or

individuals with disabilities who have specific impediments

to rehabilitation, including individuals who are members of

populations that are unserved or underserved by programs

under this chapter;

(II) job development and job placement services to

individuals with disabilities;

(III) supported employment services, including services

of employment specialists for individuals with

disabilities;

(IV) specialized services for individuals with

significant disabilities; or

(V) recreation for individuals with disabilities;

(iii) projects to train personnel in other fields

contributing to the rehabilitation of individuals with

disabilities; and

(iv) projects to train personnel in the use, applications,

and benefits of rehabilitation technology.

(2) Application

No grant shall be awarded or contract entered into under this

subsection unless the applicant has submitted to the Commissioner

an application at such time, in such form, in accordance with

such procedures, and including such information as the Secretary

may require, including -

(A) a description of how the designated State unit or units

will participate in the project to be funded under the grant or

contract, including, as appropriate, participation on advisory

committees, as practicum sites, in curriculum development, and

in other ways so as to build closer relationships between the

applicant and the designated State unit and to encourage

students to pursue careers in public vocational rehabilitation

programs;

(B) the identification of potential employers that provide

employment that meets the requirements of paragraph (5)(A)(i);

and

(C) an assurance that data on the employment of graduates or

trainees who participate in the project is accurate.

(3) Limitation

(A) In general

Except as provided in subparagraph (B), no grant or contract

under this subsection may be used to provide any one course of

study to an individual for a period of more than 4 years.

(B) Exception

If a grant or contract recipient under this subsection

determines that an individual has a disability which seriously

affects the completion of training under this subsection, the

grant or contract recipient may extend the period referred to

in subparagraph (A).

(4) Authority to provide scholarships

Grants and contracts under paragraph (1) may be expanded to

provide services that include the provision of scholarships and

necessary stipends and allowances.

(5) Agreements

(A) Contents

A recipient of a grant or contract under this subsection

shall provide assurances to the Commissioner that each

individual who receives a scholarship, for any academic year

beginning after June 1, 1992, utilizing funds provided under

such grant or contract shall enter into an agreement with the

recipient under which the individual shall -

(i) maintain employment -

(I) in a nonprofit rehabilitation agency or related

agency or in a State rehabilitation agency or related

agency, including a professional corporation or

professional practice group through which the individual

has a service arrangement with the designated State agency;

(II) on a full- or part-time basis; and

(III) for a period of not less than the full-time

equivalent of 2 years for each year for which assistance

under this section was received by the individual,

within a period, beginning after the recipient completes the

training for which the scholarship was awarded, of not more

than the sum of the number of years in the period described

in subclause (III) and 2 additional years; and

(ii) repay all or part of any scholarship received, plus

interest, if the individual does not fulfill the requirements

of clause (i),

except as the Commissioner by regulation may provide for

repayment exceptions and deferrals.

(B) Enforcement

The Commissioner shall be responsible for the enforcement of

each agreement entered into under subparagraph (A) upon

completion of the training involved under such subparagraph.

(c) Grants to historically Black colleges and universities

The Commissioner, in carrying out this section, shall make grants

to historically Black colleges and universities and other

institutions of higher education whose minority student enrollment

is at least 50 percent of the total enrollment of the institution.

(d) Application

A grant may not be awarded to a State or other organization under

this section unless the State or organization has submitted an

application to the Commissioner at such time, in such form, in

accordance with such procedures, and containing such information as

the Commissioner may require. Any such application shall include a

detailed description of strategies that will be utilized to recruit

and train individuals so as to reflect the diverse populations of

the United States as part of the effort to increase the number of

individuals with disabilities, and individuals who are from

linguistically and culturally diverse backgrounds, who are

available to provide rehabilitation services.

(e) Evaluation and collection of data

The Commissioner shall evaluate the impact of the training

programs conducted under this section, and collect information on

the training needs of, and data on shortages of qualified personnel

necessary to provide services to individuals with disabilities. The

Commissioner shall prepare and submit to Congress, by September 30

of each fiscal year, a report setting forth and justifying in

detail how the funds made available for training under this section

for the fiscal year prior to such submission are allocated by

professional discipline and other program areas. The report shall

also contain findings on such personnel shortages, how funds

proposed for the succeeding fiscal year will be allocated under the

President's budget proposal, and how the findings on personnel

shortages justify the allocations.

(f) Grants for the training of interpreters

(1) Authority

(A) In general

For the purpose of training a sufficient number of qualified

interpreters to meet the communications needs of individuals

who are deaf or hard of hearing, and individuals who are

deaf-blind, the Commissioner, acting through a Federal office

responsible for deafness and communicative disorders, may award

grants to public or private nonprofit agencies or organizations

to pay part of the costs -

(i) for the establishment of interpreter training programs;

or

(ii) to enable such agencies or organizations to provide

financial assistance for ongoing interpreter training

programs.

(B) Geographic areas

The Commissioner shall award grants under this subsection for

programs in geographic areas throughout the United States that

the Commissioner considers appropriate to best carry out the

objectives of this section.

(C) Priority

In awarding grants under this subsection, the Commissioner

shall give priority to public or private nonprofit agencies or

organizations with existing programs that have a demonstrated

capacity for providing interpreter training services.

(D) Funding

The Commissioner may award grants under this subsection

through the use of -

(i) amounts appropriated to carry out this section; or

(ii) pursuant to an agreement with the Director of the

Office of the Special Education Program (established under

section 1402 of title 20), amounts appropriated under section

1486 of title 20.

(2) Application

A grant may not be awarded to an agency or organization under

paragraph (1) unless the agency or organization has submitted an

application to the Commissioner at such time, in such form, in

accordance with such procedures, and containing such information

as the Commissioner may require, including -

(A) a description of the manner in which an interpreter

training program will be developed and operated during the

5-year period following the date on which a grant is received

by the applicant under this subsection;

(B) a demonstration of the applicant's capacity or potential

for providing training for interpreters for individuals who are

deaf or hard of hearing, and individuals who are deaf-blind;

(C) assurances that any interpreter trained or retrained

under a program funded under the grant will meet such minimum

standards of competency as the Commissioner may establish for

purposes of this subsection; and

(D) such other information as the Commissioner may require.

(g) Technical assistance and in-service training

(1) Technical assistance

The Commissioner is authorized to provide technical assistance

to State designated agencies and community rehabilitation

programs, directly or through contracts with State designated

agencies or nonprofit organizations.

(2) Compensation

An expert or consultant appointed or serving under contract

pursuant to this section shall be compensated at a rate, subject

to approval of the Commissioner, that shall not exceed the daily

equivalent of the rate of pay for level 4 of the Senior Executive

Service Schedule under section 5382 of title 5. Such an expert or

consultant may be allowed travel and transportation expenses in

accordance with section 5703 of title 5.

(3) In-service training of rehabilitation personnel

(A) Projects

Subject to subparagraph (B), at least 15 percent of the sums

appropriated to carry out this section shall be allocated to

designated State agencies to be used, directly or indirectly,

for projects for in-service training for rehabilitation

personnel, consistent with the needs identified through the

comprehensive system for personnel development required by

section 721(a)(7) of this title, including projects designed -

(i) to address recruitment and retention of qualified

rehabilitation professionals;

(ii) to provide for succession planning;

(iii) to provide for leadership development and capacity

building; and

(iv) for fiscal years 1999 and 2000, to provide training

regarding the Workforce Investment Act of 1998 and the

amendments to this chapter made by the Rehabilitation Act

Amendments of 1998.

(B) Limitation

If the allocation to designated State agencies required by

subparagraph (A) would result in a lower level of funding for

projects being carried out on August 7, 1998, by other

recipients of funds under this section, the Commissioner may

allocate less than 15 percent of the sums described in

subparagraph (A) to designated State agencies for such

in-service training.

(h) Provision of information

The Commissioner, subject to the provisions of section 776 of

this title, may require that recipients of grants or contracts

under this section provide information, including data, with regard

to the impact of activities funded under this section.

(i) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of the fiscal years 1999

through 2003.

-SOURCE-

(Pub. L. 93-112, title III, Sec. 302, as added Pub. L. 105-220,

title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1184.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (a)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended. Title I of the Act is classified generally to

subchapter I (Sec. 12111 et seq.) of chapter 126 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 12101 of

Title 42 and Tables.

The Social Security Act, referred to in subsec. (a)(3), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI

of the Act are classified generally to subchapters II (Sec. 401 et

seq.) and XVI (Sec. 1381 et seq.), respectively, of chapter 7 of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

The Workforce Investment Act of 1998, referred to in subsecs.

(a)(4), (5) and (g)(3)(A)(iv), is Pub. L. 105-220, Aug. 7, 1998,

112 Stat. 936, as amended. Title I of the Act is classified

principally to chapter 30 (Sec. 2801 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 9201 of Title 20, Education, and Tables.

The Rehabilitation Act Amendments of 1998, referred to in subsec.

(g)(3)(A)(iv), is title IV of Pub. L. 105-220, Aug. 7, 1998, 112

Stat. 1092. For complete classification of this Act to the Code,

see Short Title of 1998 Amendment note set out under section 701 of

this title and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 771a

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 772, Pub. L. 93-112, title III, Sec. 303,

formerly Sec. 302, Sept. 26, 1973, 87 Stat. 378; Pub. L. 93-516,

title I, Sec. 105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651,

title I, Sec. 105, Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230,

Secs. 5, 11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L.

95-602, title I, Secs. 112(b), 122(c)(3), Nov. 6, 1978, 92 Stat.

2968, 2987; Pub. L. 98-221, title I, Sec. 132, Feb. 22, 1984, 98

Stat. 24; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title IV,

Sec. 402, title X, Sec. 1001(d)(1), Oct. 21, 1986, 100 Stat. 1810,

1824, 1842; Pub. L. 100-630, title II, Sec. 204(b), Nov. 7, 1988,

102 Stat. 3308; Pub. L. 102-52, Sec. 4(b), June 6, 1991, 105 Stat.

261; renumbered Sec. 303 and amended Pub. L. 102-569, title I, Sec.

102(p)(16), title III, Secs. 301(b)(3), 303, Oct. 29, 1992, 106

Stat. 4358, 4411, 4416, related to vocational rehabilitation

services for individuals with disabilities, prior to the general

amendment of this subchapter by Pub. L. 105-220.

A prior section 302 of Pub. L. 93-112 was classified to section

771a of this title prior to the general amendment of this

subchapter by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 773 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND

DEMONSTRATIONS

-HEAD-

Sec. 773. Demonstration and training programs

-STATUTE-

(a) Demonstration projects to increase client choice

(1) Grants

The Commissioner may make grants to States and public or

nonprofit agencies and organizations to pay all or part of the

costs of projects to demonstrate ways to increase client choice

in the rehabilitation process, including the selection of

providers of vocational rehabilitation services.

(2) Use of funds

An entity that receives a grant under this subsection shall use

the grant only -

(A) for activities that are directly related to planning,

operating, and evaluating the demonstration projects; and

(B) to supplement, and not supplant, funds made available

from Federal and non-Federal sources for such projects.

(3) Application

Any eligible entity that desires to receive a grant under this

subsection shall submit an application at such time, in such

manner, and containing such information and assurances as the

Commissioner may require, including -

(A) a description of -

(i) how the entity intends to promote increased client

choice in the rehabilitation process, including a

description, if appropriate, of how an applicant will

determine the cost of any service or product offered to an

eligible client;

(ii) how the entity intends to ensure that any vocational

rehabilitation service or related service is provided by a

qualified provider who is accredited or meets such other

quality assurance and cost-control criteria as the State may

establish; and

(iii) the outreach activities to be conducted by the

applicant to obtain eligible clients; and

(B) assurances that a written plan will be established with

the full participation of the client, which plan shall, at a

minimum, include -

(i) a statement of the vocational rehabilitation goals to

be achieved;

(ii) a statement of the specific vocational rehabilitation

services to be provided, the projected dates for their

initiation, and the anticipated duration of each such

service; and

(iii) objective criteria, an evaluation procedure, and a

schedule, for determining whether such goals are being

achieved.

(4) Award of grants

In selecting entities to receive grants under paragraph (1),

the Commissioner shall take into consideration -

(A) the diversity of strategies used to increase client

choice, including selection among qualified service providers;

(B) the geographic distribution of projects; and

(C) the diversity of clients to be served.

(5) Records

Entities that receive grants under paragraph (1) shall maintain

such records as the Commissioner may require and comply with any

request from the Commissioner for such records.

(6) Direct services

At least 80 percent of the funds awarded for any project under

this subsection shall be used for direct services, as

specifically chosen by eligible clients.

(7) Evaluation

The Commissioner may conduct an evaluation of the demonstration

projects with respect to the services provided, clients served,

client outcomes obtained, implementation issues addressed, the

cost-effectiveness of the project, and the effects of increased

choice on clients and service providers. The Commissioner may

reserve funds for the evaluation for a fiscal year from the

amounts appropriated to carry out projects under this section for

the fiscal year.

(8) Definitions

For the purposes of this subsection:

(A) Direct services

The term "direct services" means vocational rehabilitation

services, as described in section 723(a) of this title.

(B) Eligible client

The term "eligible client" means an individual with a

disability, as defined in section 705(20)(A) of this title, who

is not currently receiving services under an individualized

plan for employment established through a designated State

unit.

(b) Special demonstration programs

(1) Grants; contracts

The Commissioner, subject to the provisions of section 776 of

this title, may provide grants to, or enter into contracts with,

eligible entities to pay all or part of the cost of programs that

expand and improve the provision of rehabilitation and other

services authorized under this chapter or that further the

purposes of the chapter, including related research and

evaluation activities.

(2) Eligible entities; terms and conditions

(A) Eligible entities

To be eligible to receive a grant, or enter into a contract,

under paragraph (1), an entity shall be a State vocational

rehabilitation agency, community rehabilitation program, Indian

tribe or tribal organization, or other public or nonprofit

agency or organization, or as the Commissioner determines

appropriate, a for-profit organization. The Commissioner may

limit competitions to one or more types of organizations

described in this subparagraph.

(B) Terms and conditions

A grant or contract under paragraph (1) shall contain such

terms and conditions as the Commissioner may require.

(3) Application

An eligible entity that desires to receive a grant, or enter

into a contract, under paragraph (1) shall submit an application

to the Secretary at such time, in such form, and containing such

information and assurances as the Commissioner may require,

including, if the Commissioner determines appropriate, a

description of how the proposed project or demonstration program

-

(A) is based on current research findings, which may include

research conducted by the National Institute on Disability and

Rehabilitation Research, the National Institutes of Health, and

other public or private organizations; and

(B) is of national significance.

(4) Types of projects

The programs that may be funded under this subsection may

include -

(A) special projects and demonstrations of service delivery;

(B) model demonstration projects;

(C) technical assistance projects;

(D) systems change projects;

(E) special studies and evaluations; and

(F) dissemination and utilization activities.

(5) Priority for competitions

(A) In general

In announcing competitions for grants and contracts under

this subsection, the Commissioner shall give priority

consideration to -

(i) special projects and demonstration programs of service

delivery for adults who are either low-functioning and deaf

or low-functioning and hard of hearing;

(ii) supported employment, including community-based

supported employment programs to meet the needs of

individuals with the most significant disabilities or to

provide technical assistance to States and community

organizations to improve and expand the provision of

supported employment services; and

(iii) model transitional planning services for youths with

disabilities.

(B) Additional competitions

In announcing competitions for grants and contracts under

this subsection, the Commissioner may require that applicants

address one or more of the following:

(i) Age ranges.

(ii) Types of disabilities.

(iii) Types of services.

(iv) Models of service delivery.

(v) Stage of the rehabilitation process.

(vi) The needs of underserved populations, unserved and

underserved areas, individuals with significant disabilities,

low-incidence disability population or individuals residing

in federally designated empowerment zones and enterprise

communities.

(vii) Expansion of employment opportunities for individuals

with disabilities.

(viii) Systems change projects to promote meaningful access

of individuals with disabilities to employment-related

services under title I of the Workforce Investment Act of

1998 [29 U.S.C. 2801 et seq.] and under other Federal laws.

(ix) Innovative methods of promoting achievement of

high-quality employment outcomes.

(x) The demonstration of the effectiveness of early

intervention activities in improving employment outcomes.

(xi) Alternative methods of providing affordable

transportation services to individuals with disabilities who

are employed, seeking employment, or receiving vocational

rehabilitation services from public or private organizations

and who reside in geographic areas in which public

transportation or paratransit service is not available.

(6) Use of funds for continuation awards

The Commissioner may use funds made available to carry out this

section for continuation awards for projects that were funded

under sections 711 and 777a of this title (as such sections were

in effect on the day before August 7, 1998).

(c) Parent information and training program

(1) Grants

The Commissioner is authorized to make grants to private

nonprofit organizations for the purpose of establishing programs

to provide training and information to enable individuals with

disabilities, and the parents, family members, guardians,

advocates, or other authorized representatives of the individuals

to participate more effectively with professionals in meeting the

vocational, independent living, and rehabilitation needs of

individuals with disabilities. Such grants shall be designed to

meet the unique training and information needs of the individuals

described in the preceding sentence, who live in the area to be

served, particularly those who are members of populations that

have been unserved or underserved by programs under this chapter.

(2) Use of grants

An organization that receives a grant to establish training and

information programs under this subsection shall use the grant to

assist individuals with disabilities, and the parents, family

members, guardians, advocates, or authorized representatives of

the individuals -

(A) to better understand vocational rehabilitation and

independent living programs and services;

(B) to provide followup support for transition and employment

programs;

(C) to communicate more effectively with transition and

rehabilitation personnel and other relevant professionals;

(D) to provide support in the development of the

individualized plan for employment;

(E) to provide support and expertise in obtaining information

about rehabilitation and independent living programs, services,

and resources that are appropriate; and

(F) to understand the provisions of this chapter,

particularly provisions relating to employment, supported

employment, and independent living.

(3) Award of grants

The Commissioner shall ensure that grants under this subsection

-

(A) shall be distributed geographically to the greatest

extent possible throughout all States; and

(B) shall be targeted to individuals with disabilities, and

the parents, family members, guardians, advocates, or

authorized representatives of the individuals, in both urban

and rural areas or on a State or regional basis.

(4) Eligible organizations

In order to receive a grant under this subsection, an

organization -

(A) shall submit an application to the Commissioner at such

time, in such manner, and containing such information as the

Commissioner may require, including information demonstrating

the capacity and expertise of the organization -

(i) to coordinate training and information activities with

Centers for Independent Living;

(ii) to coordinate and work closely with parent training

and information centers established pursuant to section

1482(a) of title 20; and

(iii) to effectively conduct the training and information

activities authorized under this subsection;

(B)(i) shall be governed by a board of directors -

(I) that includes professionals in the field of vocational

rehabilitation; and

(II) on which a majority of the members are individuals

with disabilities or the parents, family members, guardians,

advocates, or authorized representatives of the individuals;

or

(ii)(I) shall have a membership that represents the interests

of individuals with disabilities; and

(II) shall establish a special governing committee that meets

the requirements specified in subclauses (I) and (II) of clause

(i) to operate a training and information program under this

subsection; and

(C) shall serve individuals with a full range of

disabilities, and the parents, family members, guardians,

advocates, or authorized representatives of the individuals.

(5) Consultation

Each organization carrying out a program receiving assistance

under this subsection shall consult with appropriate agencies

that serve or assist individuals with disabilities, and the

parents, family members, guardians, advocates, or authorized

representatives of the individuals, located in the jurisdiction

served by the program.

(6) Coordination

The Commissioner shall provide coordination and technical

assistance by grant or cooperative agreement for establishing,

developing, and coordinating the training and information

programs. To the extent practicable, such assistance shall be

provided by the parent training and information centers

established pursuant to section 1482(a) of title 20.

(7) Review

(A) Quarterly review

The board of directors or special governing committee of an

organization receiving a grant under this subsection shall meet

at least once in each calendar quarter to review the training

and information program, and each such committee shall directly

advise the governing board regarding the views and

recommendations of the committee.

(B) Review for grant renewal

If a nonprofit private organization requests the renewal of a

grant under this subsection, the board of directors or the

special governing committee shall prepare and submit to the

Commissioner a written review of the training and information

program conducted by the organization during the preceding

fiscal year.

(d) Braille training programs

(1) Establishment

The Commissioner shall make grants to, and enter into contracts

with, States and public or nonprofit agencies and organizations,

including institutions of higher education, to pay all or part of

the cost of training in the use of braille for personnel

providing vocational rehabilitation services or educational

services to youth and adults who are blind.

(2) Projects

Such grants shall be used for the establishment or continuation

of projects that may provide -

(A) development of braille training materials;

(B) in-service or pre-service training in the use of braille,

the importance of braille literacy, and methods of teaching

braille to youth and adults who are blind; and

(C) activities to promote knowledge and use of braille and

nonvisual access technology for blind youth and adults through

a program of training, demonstration, and evaluation conducted

with leadership of experienced blind individuals, including the

use of comprehensive, state-of-the-art technology.

(3) Application

To be eligible to receive a grant, or enter into a contract,

under paragraph (1), an agency or organization shall submit an

application to the Commissioner at such time, in such manner, and

containing such information as the Commissioner may require.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of the fiscal years 1999

through 2003.

-SOURCE-

(Pub. L. 93-112, title III, Sec. 303, as added Pub. L. 105-220,

title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1190.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsec.

(b)(5)(B)(viii), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936,

as amended. Title I of the Act is classified principally to chapter

30 (Sec. 2801 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.

Sections 711 and 777a of this title (as in effect on the day

before August 7, 1998), referred to in subsec. (b)(6), means

section 711 of this title prior to repeal by Pub. L. 105-220, title

IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093, and section 777a of

this title prior to the general amendment of this subchapter by

Pub. L. 105-220, title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1183.

-MISC1-

PRIOR PROVISIONS

A prior section 773, Pub. L. 93-112, title III, Sec. 304,

formerly Sec. 303, Sept. 26, 1973, 87 Stat. 379; Pub. L. 95-602,

title I, Sec. 113, Nov. 6, 1978, 92 Stat. 2968; Pub. L. 99-506,

title I, Sec. 103(d)(2)(C), title X, Sec. 1001(d)(2), Oct. 21,

1986, 100 Stat. 1810, 1843; renumbered Sec. 304 and amended Pub. L.

102-569, title I, Sec. 102(p)(17), title III, Secs. 301(b)(3), 304,

Oct. 29, 1992, 106 Stat. 4358, 4411, 4417, related to loan

guarantees for community rehabilitation programs, prior to the

general amendment of this subchapter by Pub. L. 105-220.

A prior section 303 of Pub. L. 93-112 was classified to section

772 of this title prior to the general amendment of this subchapter

by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 774 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND

DEMONSTRATIONS

-HEAD-

Sec. 774. Migrant and seasonal farmworkers

-STATUTE-

(a) Grants

(1) Authority

The Commissioner, subject to the provisions of section 776 of

this title, may make grants to eligible entities to pay up to 90

percent of the cost of projects or demonstration programs for the

provision of vocational rehabilitation services to individuals

with disabilities who are migrant or seasonal farmworkers, as

determined in accordance with rules prescribed by the Secretary

of Labor, and to the family members who are residing with such

individuals (whether or not such family members are individuals

with disabilities).

(2) Eligible entities

To be eligible to receive a grant under paragraph (1), an

entity shall be -

(A) a State designated agency;

(B) a nonprofit agency working in collaboration with a State

agency described in subparagraph (A); or

(C) a local agency working in collaboration with a State

agency described in subparagraph (A).

(3) Maintenance and transportation

(A) In general

Amounts provided under a grant under this section may be used

to provide for the maintenance of and transportation for

individuals and family members described in paragraph (1) as

necessary for the rehabilitation of such individuals.

(B) Requirement

Maintenance payments under this paragraph shall be provided

in a manner consistent with any maintenance payments provided

to other individuals with disabilities in the State under this

chapter.

(4) Assurance of cooperation

To be eligible to receive a grant under this section an entity

shall provide assurances (satisfactory to the Commissioner) that

in the provision of services under the grant there will be

appropriate cooperation between the grantee and other public or

nonprofit agencies and organizations having special skills and

experience in the provision of services to migrant or seasonal

farmworkers or their families.

(5) Coordination with other programs

The Commissioner shall administer this section in coordination

with other programs serving migrant and seasonal farmworkers,

including programs under title I of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.), section 254b of

title 42, the Migrant and Seasonal Agricultural Worker Protection

Act (29 U.S.C. 1801 et seq.), and the Workforce Investment Act of

1998.

(b) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this section, for each of the fiscal years

1999 through 2003.

-SOURCE-

(Pub. L. 93-112, title III, Sec. 304, as added Pub. L. 105-220,

title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1195.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (a)(5), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as

amended. Title I of the Act is classified generally to subchapter I

(Sec. 6301 et seq.) of chapter 70 of Title 20, Education. For

complete classification of this Act to the Code, see Short Title

note set out under section 6301 of Title 20 and Tables.

The Migrant and Seasonal Agricultural Worker Protection Act,

referred to in subsec. (a)(5), is Pub. L. 97-470, Jan. 14, 1983, 96

Stat. 2584, as amended, which is classified generally to chapter 20

(Sec. 1801 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1801 of this title and Tables.

The Workforce Investment Act of 1998, referred to in subsec.

(a)(5), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 9201 of Title 20, Education,

and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 777b

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 774, Pub. L. 93-112, title III, Sec. 304,

formerly title II, Sec. 203, Sept. 26, 1973, 87 Stat. 376,

renumbered and amended, which related to Federal grants, contracts,

and programs for training in rehabilitation services, was

renumbered section 302 of Pub. L. 93-112, by Pub. L. 102-569, title

III, Sec. 301(b)(3), Oct. 29, 1992, 106 Stat. 4411, and transferred

to section 771a of this title, prior to the general amendment of

this subchapter by Pub. L. 105-220.

Another prior section 774, Pub. L. 93-112, title III, Sec. 304,

Sept. 26, 1973, 87 Stat. 381; Pub. L. 93-516, title I, Secs. 106,

111(i)-(k), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93-651,

title I, Secs. 106, 111(i)-(k), Nov. 21, 1974, 89 Stat. 2-4, 2-6;

Pub. L. 94-230, Secs. 6, 11(b)(9), Mar. 15, 1976, 90 Stat. 212,

213, related to special projects and demonstrations, prior to

repeal by Pub. L. 95-602, title I, Sec. 109(1), Nov. 6, 1978, 92

Stat. 2962.

-End-

-CITE-

29 USC Sec. 775 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND

DEMONSTRATIONS

-HEAD-

Sec. 775. Recreational programs

-STATUTE-

(a) Grants

(1) Authority

(A) In general

The Commissioner, subject to the provisions of section 776 of

this title, shall make grants to States, public agencies, and

nonprofit private organizations to pay the Federal share of the

cost of the establishment and operation of recreation programs

to provide individuals with disabilities with recreational

activities and related experiences to aid in the employment,

mobility, socialization, independence, and community

integration of such individuals.

(B) Recreation programs

The recreation programs that may be funded using assistance

provided under a grant under this section may include

vocational skills development, leisure education, leisure

networking, leisure resource development, physical education

and sports, scouting and camping, 4-H activities, construction

of facilities for aquatic rehabilitation therapy, music,

dancing, handicrafts, art, and homemaking. When possible and

appropriate, such programs and activities should be provided in

settings with peers who are not individuals with disabilities.

(C) Design of program

Programs and activities carried out under this section shall

be designed to demonstrate ways in which such programs assist

in maximizing the independence and integration of individuals

with disabilities.

(2) Maximum term of grant

A grant under this section shall be made for a period of not

more than 3 years.

(3) Availability of nongrant resources

(A) In general

A grant may not be made to an applicant under this section

unless the applicant provides assurances that, with respect to

costs of the recreation program to be carried out under the

grant, the applicant, to the maximum extent practicable, will

make available non-Federal resources (in cash or in-kind) to

pay the non-Federal share of such costs.

(B) Federal share

The Federal share of the costs of the recreation programs

carried out under this section shall be -

(i) with respect to the first year in which assistance is

provided under a grant under this section, 100 percent;

(ii) with respect to the second year in which assistance is

provided under a grant under this section, 75 percent; and

(iii) with respect to the third year in which assistance is

provided under a grant under this section, 50 percent.

(4) Application

To be eligible to receive a grant under this section, a State,

agency, or organization shall submit an application to the

Commissioner at such time, in such manner, and containing such

information as the Commissioner may require, including a

description of -

(A) the manner in which the findings and results of the

project to be funded under the grant, particularly information

that facilitates the replication of the results of such

projects, will be made generally available; and

(B) the manner in which the service program funded under the

grant will be continued after Federal assistance ends.

(5) Level of services

Recreation programs funded under this section shall maintain,

at a minimum, the same level of services over a 3-year project

period.

(6) Reports by grantees

(A) Requirement

The Commissioner shall require that each recipient of a grant

under this section annually prepare and submit to the

Commissioner a report concerning the results of the activities

funded under the grant.

(B) Limitation

The Commissioner may not make financial assistance available

to a grant recipient for a subsequent year until the

Commissioner has received and evaluated the annual report of

the recipient under subparagraph (A) for the current year.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out this

section, such sums as may be necessary for each of the fiscal years

1999 through 2003.

-SOURCE-

(Pub. L. 93-112, title III, Sec. 305, as added Pub. L. 105-220,

title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1196.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 777f

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 775, Pub. L. 93-112, title III, Sec. 305, as

added Pub. L. 95-602, title I, Sec. 115(a), Nov. 6, 1978, 92 Stat.

2971; amended Pub. L. 98-221, title I, Sec. 134, Feb. 22, 1984, 98

Stat. 25; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title IV,

Sec. 404, title X, Sec. 1002(d)(3), Oct. 21, 1986, 100 Stat. 1810,

1825, 1844; Pub. L. 100-630, title II, Sec. 204(d), Nov. 7, 1988,

102 Stat. 3309; Pub. L. 102-52, Sec. 4(d), June 6, 1991, 105 Stat.

261; Pub. L. 102-569, title I, Sec. 102(p)(19), title III, Sec.

305, Oct. 29, 1992, 106 Stat. 4358, 4417, related to comprehensive

rehabilitation centers, prior to the general amendment of this

subchapter by Pub. L. 105-220.

Another prior section 775, Pub. L. 93-112, title III, Sec. 305,

Sept. 26, 1973, 87 Stat. 383, as amended, which authorized

appropriations for fiscal years ending June 30, 1974, June 30,

1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for the

establishment of the Helen Keller National Center for Deaf-Blind

Youths and Adults, was renumbered section 313 of Pub. L. 93-112 by

Pub. L. 95-602, title I, Sec. 109(1), Nov. 6, 1978, 92 Stat. 2962,

transferred to section 777c of this title, and subsequently

repealed by Pub. L. 100-630.

-End-

-CITE-

29 USC Sec. 776 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND

DEMONSTRATIONS

-HEAD-

Sec. 776. Measuring of project outcomes and performance

-STATUTE-

The Commissioner may require that recipients of grants under this

subchapter submit information, including data, as determined by the

Commissioner to be necessary to measure project outcomes and

performance, including any data needed to comply with the

Government Performance and Results Act.

-SOURCE-

(Pub. L. 93-112, title III, Sec. 306, as added Pub. L. 105-220,

title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1197.)

-REFTEXT-

REFERENCES IN TEXT

The Government Performance and Results Act, referred to in text,

probably means the Government Performance and Results Act of 1993,

Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285, which enacted section

306 of Title 5, Government Organization and Employees, sections

1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and

sections 2801 to 2805 of Title 39, Postal Service, amended section

1105 of Title 31, and enacted provisions set out as notes under

sections 1101 and 1115 of Title 31. For complete classification of

this Act to the Code, see Short Title of 1993 Amendment note set

out under section 1101 of Title 31 and Tables.

-MISC1-

PRIOR PROVISIONS

Prior sections 776 to 777b were omitted in the general amendment

of this subchapter by Pub. L. 105-220.

Section 776, Pub. L. 93-112, title III, Sec. 306, Sept. 26, 1973,

87 Stat. 384; Pub. L. 93-516, title I, Sec. 111(l), Dec. 7, 1974,

88 Stat. 1621; Pub. L. 93-651, title I, Sec. 111(l), Nov. 21, 1974,

89 Stat. 2-6; Pub. L. 95-602, title I, Secs. 115(b), 122(c)(4)-(6),

Nov. 6, 1978, 92 Stat. 2972, 2987; Pub. L. 99-506, title I, Sec.

103(d)(2)(C), title X, Sec. 1002(d)(4), Oct. 21, 1986, 100 Stat.

1810, 1844; Pub. L. 100-630, title II, Sec. 204(e), Nov. 7, 1988,

102 Stat. 3309; Pub. L. 102-569, title I, Sec. 102(p)(20), title

III, Sec. 306, Oct. 29, 1992, 106 Stat. 4359, 4417, related to

general grant and contract requirements.

Section 777, Pub. L. 93-112, title III, Sec. 310, as added Pub.

L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2973;

amended Pub. L. 98-221, title I, Sec. 135, title II, Sec. 208(b),

Feb. 22, 1984, 98 Stat. 25, 34; Pub. L. 99-506, title IV, Sec. 405,

Oct. 21, 1986, 100 Stat. 1825; Pub. L. 100-630, title II, Sec.

204(f), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102-52, Sec. 4(e)(1),

June 6, 1991, 105 Stat. 261; Pub. L. 102-569, title III, Sec. 307,

Oct. 29, 1992, 106 Stat. 4418; Pub. L. 103-73, title I, Sec.

110(b), Aug. 11, 1993, 107 Stat. 726, authorized appropriations.

Section 777a, Pub. L. 93-112, title III, Sec. 311, as added Pub.

L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2973;

amended Pub. L. 98-221, title I, Sec. 136, Feb. 22, 1984, 98 Stat.

26; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title III, Sec.

302(b), title IV, Sec. 406, Oct. 21, 1986, 100 Stat. 1810, 1821,

1826; Pub. L. 100-630, title II, Sec. 204(g), Nov. 7, 1988, 102

Stat. 3309; Pub. L. 102-52, Sec. 4(e)(2), June 6, 1991, 105 Stat.

261; Pub. L. 102-119, Sec. 26(e), Oct. 7, 1991, 105 Stat. 607; Pub.

L. 102-569, title I, Sec. 102(p)(21), title III, Sec. 308, Oct. 29,

1992, 106 Stat. 4359, 4418; Pub. L. 103-73, title I, Sec. 110(c),

Aug. 11, 1993, 107 Stat. 726; Pub. L. 104-66, title I, Sec.

1041(b), Dec. 21, 1995, 109 Stat. 714, related to special

demonstration programs.

Section 777b, Pub. L. 93-112, title III, Sec. 312, as added Pub.

L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2974;

amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986,

100 Stat. 1810; Pub. L. 100-630, title II, Sec. 204(h), Nov. 7,

1988, 102 Stat. 3309; Pub. L. 102-569, title I, Sec. 102(p)(22),

title III, Sec. 309, Oct. 29, 1992, 106 Stat. 4359, 4420, related

to migratory workers, maintenance payments, and coordination with

other programs. See section 774 of this title.

A prior section 777c, Pub. L. 93-112, title III, Sec. 313, as

added Pub. L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat.

2974, related to Helen Keller National Center for Deaf-Blind Youths

and Adults, prior to repeal by Pub. L. 98-221, title II, Sec.

203(a), Feb. 22, 1984, 98 Stat. 33. See chapter 21 (Sec. 1901 et

seq.) of this title.

Another prior section 777c, Pub. L. 93-112, title III, Sec. 313,

formerly Sec. 305, Sept. 26, 1973, 87 Stat. 383; Pub. L. 93-516,

title I, Sec. 107, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651,

title I, Sec. 107, Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230,

Secs. 7, 11(b)(10), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L.

94-288, Secs. 1, 2, May 21, 1976, 90 Stat. 520; renumbered Sec.

313, Pub. L. 95-602, title I, Sec. 109(1), Nov. 6, 1978, 92 Stat.

2962, formerly classified to section 775 of this title, authorized

appropriations for fiscal years ending June 30, 1974, June 30,

1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for

establishment of Helen Keller National Center for Deaf-Blind Youths

and Adults, prior to repeal by Pub. L. 100-630, title II, Sec.

204(k), Nov. 7, 1988, 102 Stat. 3309.

Prior sections 777d to 777f were omitted in the general amendment

of this subchapter by Pub. L. 105-220.

Section 777d, Pub. L. 93-112, title III, Sec. 314, as added Pub.

L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2975;

amended Pub. L. 100-630, title II, Sec. 204(i), Nov. 7, 1988, 102

Stat. 3309; Pub. L. 102-569, title I, Sec. 102(p)(23), Oct. 29,

1992, 106 Stat. 4359, related to reader services for individuals

who are blind.

Section 777e, Pub. L. 93-112, title III, Sec. 315, as added Pub.

L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2975;

amended Pub. L. 102-569, title I, Sec. 102(p)(24), Oct. 29, 1992,

106 Stat. 4359, related to interpreter services for individuals who

are deaf.

Section 777f, Pub. L. 93-112, title III, Sec. 316, as added Pub.

L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2976;

amended Pub. L. 98-221, title I, Sec. 137, Feb. 22, 1984, 98 Stat.

26; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title IV, Sec. 407,

Oct. 21, 1986, 100 Stat. 1810, 1827; Pub. L. 100-630, title II,

Sec. 204(j), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102-52, Sec.

4(e)(3), June 6, 1991, 105 Stat. 261; Pub. L. 102-569, title I,

Sec. 102(p)(25), title III, Sec. 310, Oct. 29, 1992, 106 Stat.

4359, 4420; Pub. L. 103-73, title I, Sec. 110(d), Aug. 11, 1993,

107 Stat. 726, related to special recreational programs. See

section 775 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 772, 773, 774, 775 of

this title.

-End-

-CITE-

29 USC SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-COD-

CODIFICATION

Title IV of the Rehabilitation Act of 1973, comprising this

subchapter, was originally enacted by Pub. L. 93-112, title IV,

Sept. 26, 1973, 87 Stat. 385, and amended by Pub. L. 93-516, Dec.

7, 1974, 88 Stat. 1617; Pub. L. 93-651, Nov. 21, 1974, 89 Stat.

2-3; Pub. L. 94-230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 95-602,

Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98-221, Feb. 22, 1984, 98

Stat. 17; Pub. L. 99-506, Oct. 21, 1986, 100 Stat. 1807; Pub. L.

100-630, Nov. 7, 1988, 102 Stat. 3289; Pub. L. 102-52, June 6,

1991, 105 Stat. 260; Pub. L. 102-569, Oct. 29, 1992, 106 Stat.

4344; Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 104-66,

Dec. 21, 1995, 109 Stat. 707. Title IV is shown herein, however, as

having been added by Pub. L. 105-220, title IV, Sec. 407, Aug. 7,

1998, 112 Stat. 1198, without reference to those intervening

amendments because of the extensive revision of title IV by Pub. L.

105-220.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 702, 705, 718, 762 of

this title.

-End-

-CITE-

29 USC Sec. 780 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-

Sec. 780. Establishment of National Council on Disability

-STATUTE-

(a) Membership; purpose

(1)(A) There is established within the Federal Government a

National Council on Disability (hereinafter in this subchapter

referred to as the "National Council"), which shall be composed of

fifteen members appointed by the President, by and with the advice

and consent of the Senate.

(B) The President shall select members of the National Council

after soliciting recommendations from representatives of -

(i) organizations representing a broad range of individuals

with disabilities; and

(ii) organizations interested in individuals with disabilities.

(C) The members of the National Council shall be individuals with

disabilities, parents or guardians of individuals with

disabilities, or other individuals who have substantial knowledge

or experience relating to disability policy or programs. The

members of the National Council shall be appointed so as to be

representative of individuals with disabilities, national

organizations concerned with individuals with disabilities,

providers and administrators of services to individuals with

disabilities, individuals engaged in conducting medical or

scientific research relating to individuals with disabilities,

business concerns, and labor organizations. A majority of the

members of the National Council shall be individuals with

disabilities. The members of the National Council shall be broadly

representative of minority and other individuals and groups.

(2) The purpose of the National Council is to promote policies,

programs, practices, and procedures that -

(A) guarantee equal opportunity for all individuals with

disabilities, regardless of the nature or severity of the

disability; and

(B) empower individuals with disabilities to achieve economic

self-sufficiency, independent living, and inclusion and

integration into all aspects of society.

(b) Term of office

(1) Each member of the National Council shall serve for a term of

3 years, except that the terms of service of the members initially

appointed after November 6, 1978, shall be (as specified by the

President) for such fewer number of years as will provide for the

expiration of terms on a staggered basis.

(2)(A) No member of the National Council may serve more than two

consecutive full terms beginning on the date of commencement of the

first full term on the Council. Members may serve after the

expiration of their terms until their successors have taken office.

(B) As used in this paragraph, the term "full term" means a term

of 3 years.

(3) Any member appointed to fill a vacancy occurring before the

expiration of the term for which such member's predecessor was

appointed shall be appointed only for the remainder of such term.

(c) Chairperson; meetings

The President shall designate the Chairperson from among the

members appointed to the National Council. The National Council

shall meet at the call of the Chairperson, but not less often than

four times each year.

(d) Quorum; vacancies

Eight members of the National Council shall constitute a quorum

and any vacancy in the National Council shall not affect its power

to function.

-SOURCE-

(Pub. L. 93-112, title IV, Sec. 400, as added Pub. L. 105-220,

title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1198.)

-MISC1-

PRIOR PROVISIONS

A prior section 780, Pub. L. 93-112, title IV, Sec. 400, as added

Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2977;

amended Pub. L. 98-221, title I, Sec. 141(a), Feb. 22, 1984, 98

Stat. 26; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title V, Sec.

501, title X, Sec. 1001(e), Oct. 21, 1986, 100 Stat. 1810, 1828,

1843; Pub. L. 100-630, title II, Sec. 205(b), Nov. 7, 1988, 102

Stat. 3310; Pub. L. 102-569, title I, Sec. 102(p)(26), title IV,

Sec. 401, Oct. 29, 1992, 106 Stat. 4360, 4421, related to

establishment of the National Council on Disability, prior to the

general amendment of this subchapter by Pub. L. 105-220.

Another prior section 780, Pub. L. 93-112, title IV, Sec. 400,

Sept. 26, 1973, 87 Stat. 385, related to general administrative

powers of Secretary under this chapter, prior to repeal by Pub. L.

95-602, Sec. 117.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 781 of this title.

-End-

-CITE-

29 USC Sec. 780a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-

Sec. 780a. Independent status of National Council on the

Handicapped

-STATUTE-

(1) Council as independent agency within Federal Government

Effective on February 22, 1984, the National Council on the

Handicapped shall be an independent agency within the Federal

Government and shall not be an agency within the Department of

Education or any other department or agency of the United States.

(2) Transfer of functions to Council Chairman

There are transferred to the Chairman of the National Council on

the Handicapped all functions relating to the Council which were

vested in the Secretary of Education on the day before February 22,

1984. The Chairman of the National Council on the Handicapped shall

continue to exercise all the functions under the Rehabilitation Act

of 1973 [29 U.S.C. 701 et seq.] or any other law or authority which

the Chairman was performing before February 22, 1984.

(3) Changes in statutory and other references

References in any statute, reorganization plan, Executive order,

regulation, or other official document or proceeding to the

Department of Education or the Secretary of Education with respect

to functions or activities relating to the National Council on the

Handicapped shall be deemed to refer to the National Council on the

Handicapped or the Chairman of the National Council on the

Handicapped, respectively.

-SOURCE-

(Pub. L. 98-221, title I, Sec. 141(b), Feb. 22, 1984, 98 Stat. 26.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in par. (2), is Pub.

L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to this chapter (Sec. 701 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 701 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Rehabilitation Amendments of

1984, and not as part of Rehabilitation Act of 1973 which comprises

this chapter.

-CHANGE-

CHANGE OF NAME

The National Council on the Handicapped was established by former

section 780 of this title and was redesignated the National Council

on Disability by an amendment to that section by Pub. L. 100-630,

title II, Sec. 205(b), Nov. 7, 1988, 102 Stat. 3310.

-End-

-CITE-

29 USC Sec. 781 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-

Sec. 781. Duties of National Council

-STATUTE-

(a) In general

The National Council shall -

(1) provide advice to the Director with respect to the policies

and conduct of the National Institute on Disability and

Rehabilitation Research, including ways to improve research

concerning individuals with disabilities and the methods of

collecting and disseminating findings of such research;

(2) provide advice to the Commissioner with respect to the

policies of and conduct of the Rehabilitation Services

Administration;

(3) advise the President, the Congress, the Commissioner, the

appropriate Assistant Secretary of the Department of Education,

and the Director of the National Institute on Disability and

Rehabilitation Research on the development of the programs to be

carried out under this chapter;

(4) provide advice regarding priorities for the activities of

the Interagency Disability Coordinating Council and review the

recommendations of such Council for legislative and

administrative changes to ensure that such recommendations are

consistent with the purposes of the Council to promote the full

integration, independence, and productivity of individuals with

disabilities;

(5) review and evaluate on a continuing basis -

(A) policies, programs, practices, and procedures concerning

individuals with disabilities conducted or assisted by Federal

departments and agencies, including programs established or

assisted under this chapter or under the Developmental

Disabilities Assistance and Bill of Rights Act of 2000 [42

U.S.C. 15001 et seq.]; and

(B) all statutes and regulations pertaining to Federal

programs which assist such individuals with disabilities;

in order to assess the effectiveness of such policies, programs,

practices, procedures, statutes, and regulations in meeting the

needs of individuals with disabilities;

(6) assess the extent to which such policies, programs,

practices, and procedures facilitate or impede the promotion of

the policies set forth in subparagraphs (A) and (B) of section

780(a)(2) of this title;

(7) gather information about the implementation, effectiveness,

and impact of the Americans with Disabilities Act of 1990 (42

U.S.C. 12101 et seq.);

(8) make recommendations to the President, the Congress, the

Secretary, the Director of the National Institute on Disability

and Rehabilitation Research, and other officials of Federal

agencies or other Federal entities, respecting ways to better

promote the policies set forth in section 780(a)(2) of this

title;

(9) provide to the Congress on a continuing basis advice,

recommendations, legislative proposals, and any additional

information that the National Council or the Congress deems

appropriate; and

(10) review and evaluate on a continuing basis new and emerging

disability policy issues affecting individuals with disabilities

at the Federal, State, and local levels, and in the private

sector, including the need for and coordination of adult

services, access to personal assistance services, school reform

efforts and the impact of such efforts on individuals with

disabilities, access to health care, and policies that operate as

disincentives for the individuals to seek and retain employment.

(b) Annual reports

(1) Not later than October 31, 1998, and annually thereafter, the

National Council shall prepare and submit to the President and the

appropriate committees of the Congress a report entitled "National

Disability Policy: A Progress Report".

(2) The report shall assess the status of the Nation in achieving

the policies set forth in section 780(a)(2) of this title, with

particular focus on the new and emerging issues impacting on the

lives of individuals with disabilities. The report shall present,

as appropriate, available data on health, housing, employment,

insurance, transportation, recreation, training, prevention, early

intervention, and education. The report shall include

recommendations for policy change.

(3) In determining the issues to focus on and the findings,

conclusions, and recommendations to include in the report, the

National Council shall seek input from the public, particularly

individuals with disabilities, representatives of organizations

representing a broad range of individuals with disabilities, and

organizations and agencies interested in individuals with

disabilities.

(c) Report describing barriers

(1) Not later than December 31, 1999, the Council shall prepare a

report describing the barriers in Federal assistive technology

policy to increasing the availability of and access to assistive

technology devices and assistive technology services for

individuals with disabilities.

(2) In preparing the report, the Council shall obtain input from

the National Institute on Disability and Rehabilitation Research

and the Association of Tech Act Projects, and from targeted

individuals, as defined in section 3002 of this title.

(3) The Council shall submit the report, along with such

recommendations as the Council determines to be appropriate, to the

Committee on Labor and Human Resources of the Senate and the

Committee on Education and the Workforce of the House of

Representatives.

-SOURCE-

(Pub. L. 93-112, title IV, Sec. 401, as added Pub. L. 105-220,

title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1199; amended Pub. L.

105-394, title II, Sec. 202, Nov. 13, 1998, 112 Stat. 3653; Pub. L.

106-402, title IV, Sec. 401(b)(3)(B), Oct. 30, 2000, 114 Stat.

1737.)

-REFTEXT-

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (a)(5)(A), is Pub. L. 106-402, Oct.

30, 2000, 114 Stat. 1677, which is classified principally to

chapter 144 (Sec. 15001 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 15001 of Title 42 and

Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (a)(7), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended, which is classified principally to chapter 126 (Sec.

12101 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 12101 of Title 42 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 781, Pub. L. 93-112, title IV, Sec. 401, as added

Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2977;

amended Pub. L. 98-221, title I, Sec. 142, Feb. 22, 1984, 98 Stat.

27; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title III, Sec.

302(b), title V, Sec. 502, Oct. 21, 1986, 100 Stat. 1810, 1821,

1828; Pub. L. 100-630, title II, Sec. 205(c), Nov. 7, 1988, 102

Stat. 3310; Pub. L. 102-569, title I, Sec. 102(p)(27), title IV,

Sec. 402, Oct. 29, 1992, 106 Stat. 4360, 4422; Pub. L. 104-66,

title II, Sec. 2131, Dec. 21, 1995, 109 Stat. 731, related to

duties of National Council on Disability, prior to the general

amendment of this subchapter by Pub. L. 105-220.

Another prior section 781, Pub. L. 93-112, title IV, Sec. 401,

Sept. 26, 1973, 87 Stat. 386, related to program and project

evaluation, prior to repeal by Pub. L. 95-602, Sec. 117.

AMENDMENTS

2000 - Subsec. (a)(5)(A). Pub. L. 106-402, which directed

substitution of "Developmental Disabilities Assistance and Bill of

Rights Act of 2000" for "Developmental Disabilities Assistance and

Bill of Rights Act (42 U.S.C. 6000 et seq.)", was executed by

making the substitution for "Developmental Disabilities Assistance

and Bill of Rights Act" to reflect the probable intent of Congress.

1998 - Subsec. (c). Pub. L. 105-394 added subsec. (c).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report to Congress required under subsec. (b) of this

section is listed on page 182), see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance.

-End-

-CITE-

29 USC Sec. 782 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-

Sec. 782. Compensation of National Council members

-STATUTE-

(a) Rate

Members of the National Council shall be entitled to receive

compensation at a rate equal to the rate of pay for level 4 of the

Senior Executive Service Schedule under section 5382 of title 5,

including travel time, for each day they are engaged in the

performance of their duties as members of the National Council.

(b) Full-time officers or employees of United States

Members of the National Council who are full-time officers or

employees of the United States shall receive no additional pay on

account of their service on the National Council except for

compensation for travel expenses as provided under subsection (c)

of this section.

(c) Travel expenses

While away from their homes or regular places of business in the

performance of services for the National Council, members of the

National Council shall be allowed travel expenses, including per

diem in lieu of subsistence, in the same manner as persons employed

intermittently in the Government service are allowed expenses under

section 5703 of title 5.

-SOURCE-

(Pub. L. 93-112, title IV, Sec. 402, as added Pub. L. 105-220,

title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1200.)

-MISC1-

PRIOR PROVISIONS

A prior section 782, Pub. L. 93-112, title IV, Sec. 402, as added

Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2978;

amended Pub. L. 100-630, title II, Sec. 205(d), Nov. 7, 1988, 102

Stat. 3310; Pub. L. 102-569, title IV, Sec. 403, Oct. 29, 1992, 106

Stat. 4423, related to compensation of National Council members,

prior to the general amendment of this subchapter by Pub. L.

105-220.

Another prior section 782, Pub. L. 93-112, title IV, Sec. 402,

Sept. 26, 1973, 87 Stat. 387, authorized the Secretary to obtain

information from Federal agencies, prior to repeal by Pub. L.

95-602, Sec. 117.

-End-

-CITE-

29 USC Sec. 783 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-

Sec. 783. Staff of National Council

-STATUTE-

(a) Executive Director; technical and professional employees

(1) The Chairperson of the National Council may appoint and

remove, without regard to the provisions of title 5 governing

appointments, the provisions of chapter 75 of such title (relating

to adverse actions), the provisions of chapter 77 of such title

(relating to appeals), or the provisions of chapter 51 and

subchapter III of chapter 53 of such title (relating to

classification and General Schedule pay rates), an Executive

Director to assist the National Council to carry out its duties.

The Executive Director shall be appointed from among individuals

who are experienced in the planning or operation of programs for

individuals with disabilities.

(2) The Executive Director is authorized to hire technical and

professional employees to assist the National Council to carry out

its duties.

(b) Temporary or intermittent services; voluntary and uncompensated

services; gifts, etc.; contracts and agreements; official

representation and reception

(1) The National Council may procure temporary and intermittent

services to the same extent as is authorized by section 3109(b) of

title 5 (but at rates for individuals not to exceed the daily

equivalent of the rate of pay for level 4 of the Senior Executive

Service Schedule under section 5382 of title 5).

(2) The National Council may -

(A) accept voluntary and uncompensated services,

notwithstanding the provisions of section 1342 of title 31;

(B) in the name of the Council, solicit, accept, employ, and

dispose of, in furtherance of this chapter, any money or

property, real or personal, or mixed, tangible or nontangible,

received by gift, devise, bequest, or otherwise; and

(C) enter into contracts and cooperative agreements with

Federal and State agencies, private firms, institutions, and

individuals for the conduct of research and surveys, preparation

of reports and other activities necessary to the discharge of the

Council's duties and responsibilities.

(3) Not more than 10 per centum of the total amounts available to

the National Council in each fiscal year may be used for official

representation and reception.

(c) Administrative support services

The Administrator of General Services shall provide to the

National Council on a reimbursable basis such administrative

support services as the Council may request.

(d) Investment of amounts not required for current withdrawals

(1) It shall be the duty of the Secretary of the Treasury to

invest such portion of the amounts made available under subsection

(a)(2)(B) (!1) of this section as is not, in the Secretary's

judgment, required to meet current withdrawals. Such investments

may be made only in interest-bearing obligations of the United

States or in obligations guaranteed as to both principal and

interest by the United States.

(2) The amounts described in paragraph (1), and the interest on,

and the proceeds from the sale or redemption of, the obligations

described in paragraph (1) shall be available to the National

Council to carry out this subchapter.

-SOURCE-

(Pub. L. 93-112, title IV, Sec. 403, as added Pub. L. 105-220,

title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1200.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments, referred to in

subsec. (a)(1), are classified generally to section 3301 et seq. of

Title 5, Government Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 783, Pub. L. 93-112, title IV, Sec. 403, as added

Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2978;

amended Pub. L. 98-221, title I, Sec. 143, Feb. 22, 1984, 98 Stat.

28; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title V, Sec. 503,

Oct. 21, 1986, 100 Stat. 1810, 1829; Pub. L. 100-630, title II,

Sec. 205(e), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102-569, title

I, Sec. 102(p)(28), title IV, Sec. 404, Oct. 29, 1992, 106 Stat.

4360, 4423; Pub. L. 103-73, title I, Sec. 111, Aug. 11, 1993, 107

Stat. 727, related to National Council staff, prior to the general

amendment of this subchapter by Pub. L. 105-220.

Another prior section 783, Pub. L. 93-112, title IV, Sec. 403,

Sept. 26, 1973, 87 Stat. 387; Pub. L. 93-516, title I, Sec. 108,

Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651, title I, Sec. 108,

Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230, Secs. 8, 11(b)(11),

Mar. 15, 1976, 90 Stat. 212, 213, authorized appropriations to

conduct program and project evaluations, prior to repeal by Pub. L.

95-602, Sec. 117.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(b)(2)(B)".

-End-

-CITE-

29 USC Sec. 784 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-

Sec. 784. Administrative powers of National Council

-STATUTE-

(a) Bylaws and rules

The National Council may prescribe such bylaws and rules as may

be necessary to carry out its duties under this subchapter.

(b) Hearings

The National Council may hold such hearings, sit and act at such

times and places, take such testimony, and receive such evidence as

it deems advisable.

(c) Advisory committees

The National Council may appoint advisory committees to assist

the National Council in carrying out its duties. The members

thereof shall serve without compensation.

(d) Use of mails

The National Council may use the United States mails in the same

manner and upon the same conditions as other departments and

agencies of the United States.

(e) Use of services, personnel, information, and facilities

The National Council may use, with the consent of the agencies

represented on the Interagency Disability Coordinating Council, and

as authorized in subchapter V of this chapter, such services,

personnel, information, and facilities as may be needed to carry

out its duties under this subchapter, with or without reimbursement

to such agencies.

-SOURCE-

(Pub. L. 93-112, title IV, Sec. 404, as added Pub. L. 105-220,

title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1201.)

-MISC1-

PRIOR PROVISIONS

A prior section 784, Pub. L. 93-112, title IV, Sec. 404, as added

Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2979;

amended Pub. L. 102-569, title IV, Sec. 405, Oct. 29, 1992, 106

Stat. 4423, related to administrative powers of National Council,

prior to the general amendment of this subchapter by Pub. L.

105-220.

Another prior section 784, Pub. L. 93-112, title IV, Sec. 404,

Sept. 26, 1973, 87 Stat. 387, directed Secretary to submit annual

reports to the President and to Congress on activities carried out

under this chapter, prior to repeal by Pub. L. 95-602, Sec. 117.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

29 USC Sec. 785 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-

Sec. 785. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter such sums as may be necessary for each of the fiscal

years 1999 through 2003.

-SOURCE-

(Pub. L. 93-112, title IV, Sec. 405, as added Pub. L. 105-220,

title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1202.)

-MISC1-

PRIOR PROVISIONS

A prior section 785, Pub. L. 93-112, title IV, Sec. 405, as added

Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2979;

amended Pub. L. 99-506, title V, Sec. 504, Oct. 21, 1986, 100 Stat.

1829; Pub. L. 102-52, Sec. 5, June 6, 1991, 105 Stat. 262; Pub. L.

102-569, title IV, Sec. 406, Oct. 29, 1992, 106 Stat. 4423,

authorized appropriations, prior to the general amendment of this

subchapter by Pub. L. 105-220.

Another prior section 785, Pub. L. 93-112, title IV, Sec. 405,

Sept. 26, 1973, 87 Stat. 388; Pub. L. 93-516, title I, Secs. 109,

111(m), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93-651, title I,

Secs. 109, 111(m), Nov. 21, 1974, 89 Stat. 2-4, 2-6; Pub. L.

94-230, Secs. 9, 11(b)(12), Mar. 15, 1976, 90 Stat. 212, 213,

specified certain responsibilities of the Secretary, prior to

repeal by Pub. L. 95-602, Sec. 117.

Prior sections 786 and 787 were repealed by Pub. L. 95-602, title

I, Sec. 117, Nov. 6, 1978, 92 Stat. 2977.

Section 786, Pub. L. 93-112, title IV, Sec. 406, Sept. 26, 1973,

87 Stat. 389; S. Res. 4, Feb. 4, 1977, provided that the Secretary

conduct a study on the role of sheltered workshops in the

rehabilitation and employment of handicapped individuals and report

the results of this study to Congress within twenty-four months

after Sept. 26, 1973.

Section 787, Pub. L. 93-112, title IV, Sec. 407, Sept. 26, 1973,

87 Stat. 389, provided that the Secretary conduct a study on

allotment of funds among the States for grants for basic vocational

rehabilitation and report the results of this study to Congress not

later than June 30, 1974.

-End-

-CITE-

29 USC SUBCHAPTER V - RIGHTS AND ADVOCACY 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

SUBCHAPTER V - RIGHTS AND ADVOCACY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 702, 705, 718, 720,

764, 784 of this title; title 20 sections 1221, 1415; title 38

section 3116; title 42 sections 12201, 15007.

-End-

-CITE-

29 USC Sec. 790 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 790. Repealed. Pub. L. 102-569, title V, Sec. 502(a), Oct. 29,

1992, 106 Stat. 4424

-MISC1-

Section, Pub. L. 93-112, title V, Sec. 500, Sept. 26, 1973, 87

Stat. 390, related to effects on existing law, references in other

provisions, availability of unexpended appropriations, savings

provision, and extension of appropriations.

-End-

-CITE-

29 USC Sec. 791 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 791. Employment of individuals with disabilities

-STATUTE-

(a) Interagency Committee on Employees who are Individuals with

Disabilities; establishment; membership; co-chairmen;

availability of other Committee resources; purpose and functions

There is established within the Federal Government an Interagency

Committee on Employees who are Individuals with Disabilities

(hereinafter in this section referred to as the "Committee"),

comprised of such members as the President may select, including

the following (or their designees whose positions are Executive

Level IV or higher): the Chairman of the Equal Employment

Opportunity Commission (hereafter in this section referred to as

the "Commission"), the Director of the Office of Personnel

Management, the Secretary of Veterans Affairs, the Secretary of

Labor, the Secretary of Education, and the Secretary of Health and

Human Services. Either the Director of the Office of Personnel

Management and the Chairman of the Commission shall serve as

co-chairpersons of the Committee or the Director or Chairman shall

serve as the sole chairperson of the Committee, as the Director and

Chairman jointly determine, from time to time, to be appropriate.

The resources of the President's Committees on Employment of People

With Disabilities and on Mental Retardation shall be made fully

available to the Committee. It shall be the purpose and function of

the Committee (1) to provide a focus for Federal and other

employment of individuals with disabilities, and to review, on a

periodic basis, in cooperation with the Commission, the adequacy of

hiring, placement, and advancement practices with respect to

individuals with disabilities, by each department, agency, and

instrumentality in the executive branch of Government and the

Smithsonian Institution, and to insure that the special needs of

such individuals are being met; and (2) to consult with the

Commission to assist the Commission to carry out its

responsibilities under subsections (b), (c), and (d) of this

section. On the basis of such review and consultation, the

Committee shall periodically make to the Commission such

recommendations for legislative and administrative changes as it

deems necessary or desirable. The Commission shall timely transmit

to the appropriate committees of Congress any such recommendations.

(b) Federal agencies; affirmative action program plans

Each department, agency, and instrumentality (including the

United States Postal Service and the Postal Rate Commission) in the

executive branch and the Smithsonian Institution shall, within one

hundred and eighty days after September 26, 1973, submit to the

Commission and to the Committee an affirmative action program plan

for the hiring, placement, and advancement of individuals with

disabilities in such department, agency, instrumentality, or

Institution. Such plan shall include a description of the extent to

which and methods whereby the special needs of employees who are

individuals with disabilities are being met. Such plan shall be

updated annually, and shall be reviewed annually and approved by

the Commission, if the Commission determines, after consultation

with the Committee, that such plan provides sufficient assurances,

procedures and commitments to provide adequate hiring, placement,

and advancement opportunities for individuals with disabilities.

(c) State agencies; rehabilitated individuals, employment

The Commission, after consultation with the Committee, shall

develop and recommend to the Secretary for referral to the

appropriate State agencies, policies and procedures which will

facilitate the hiring, placement, and advancement in employment of

individuals who have received rehabilitation services under State

vocational rehabilitation programs, veterans' programs, or any

other program for individuals with disabilities, including the

promotion of job opportunities for such individuals. The Secretary

shall encourage such State agencies to adopt and implement such

policies and procedures.

(d) Report to Congressional committees

The Commission, after consultation with the Committee, shall, on

June 30, 1974, and at the end of each subsequent fiscal year, make

a complete report to the appropriate committees of the Congress

with respect to the practices of and achievements in hiring,

placement, and advancement of individuals with disabilities by each

department, agency, and instrumentality and the Smithsonian

Institution and the effectiveness of the affirmative action

programs required by subsection (b) of this section, together with

recommendations as to legislation which have been submitted to the

Commission under subsection (a) of this section, or other

appropriate action to insure the adequacy of such practices. Such

report shall also include an evaluation by the Committee of the

effectiveness of the activities of the Commission under subsections

(b) and (c) of this section.

(e) Federal work experience without pay; non-Federal status

An individual who, as a part of an individualized plan for

employment under a State plan approved under this chapter,

participates in a program of unpaid work experience in a Federal

agency, shall not, by reason thereof, be considered to be a Federal

employee or to be subject to the provisions of law relating to

Federal employment, including those relating to hours of work,

rates of compensation, leave, unemployment compensation, and

Federal employee benefits.

(f) Federal agency cooperation; special consideration for positions

on President's Committee on Employment of People With

Disabilities

(1) The Secretary of Labor and the Secretary of Education are

authorized and directed to cooperate with the President's Committee

on Employment of People With Disabilities in carrying out its

functions.

(2) In selecting personnel to fill all positions on the

President's Committee on Employment of People With Disabilities,

special consideration shall be given to qualified individuals with

disabilities.

(g) Standards used in determining violation of section

The standards used to determine whether this section has been

violated in a complaint alleging nonaffirmative action employment

discrimination under this section shall be the standards applied

under title I of the Americans with Disabilities Act of 1990 (42

U.S.C. 12111 et seq.) and the provisions of sections 501 through

504, and 510, of the Americans with Disabilities Act of 1990 (42

U.S.C. 12201-12204 and 12210), as such sections relate to

employment.

-SOURCE-

(Pub. L. 93-112, title V, Sec. 501, Sept. 26, 1973, 87 Stat. 390;

Pub. L. 98-221, title I, Sec. 104(b)(3), Feb. 22, 1984, 98 Stat.

18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title X, Secs.

1001(f)(1), 1002(e)(1), (2)(A), Oct. 21, 1986, 100 Stat. 1810,

1843, 1844; Pub. L. 100-630, title II, Sec. 206(a), Nov. 7, 1988,

102 Stat. 3310; Pub. L. 102-54, Sec. 13(k)(1)(B), June 13, 1991,

105 Stat. 276; Pub. L. 102-569, title I, Sec. 102(p)(29), title V,

Sec. 503, Oct. 29, 1992, 106 Stat. 4360, 4424; Pub. L. 103-73,

title I, Sec. 112(a), Aug. 11, 1993, 107 Stat. 727; Pub. L.

105-220, title III, Sec. 341(c), title IV, Sec. 408(a)(1), Aug. 7,

1998, 112 Stat. 1092, 1202.)

-REFTEXT-

REFERENCES IN TEXT

Level IV of the Executive Schedule, referred to in subsec. (a),

is set out in section 5315 of Title 5, Government Organization and

Employees.

The Americans with Disabilities Act of 1990, referred to in

subsec. (g), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as

amended. Title I of the Act is classified generally to subchapter I

(Sec. 12111 et seq.) of chapter 126 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 12101 of Title 42 and

Tables.

-MISC1-

PRIOR PROVISIONS

Prior similar provisions were set out in section 38 of this

title.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-220, Sec. 408(a)(1)(A),

substituted "President's Committees on Employment of People With

Disabilities" for "President's Committees on Employment of the

Handicapped" in third sentence.

Pub. L. 105-220, Sec. 341(c)(1), inserted "and the Smithsonian

Institution" after "Government" in fourth sentence.

Subsec. (b). Pub. L. 105-220, Sec. 341(c)(2), in first sentence,

inserted "and the Smithsonian Institution" after "in the executive

branch" and substituted "such department, agency, instrumentality,

or Institution" for "such department, agency, or instrumentality".

Subsec. (d). Pub. L. 105-220, Sec. 341(c)(3), inserted "and the

Smithsonian Institution" after "instrumentality".

Subsec. (e). Pub. L. 105-220, Sec. 408(a)(1)(B), substituted

"individualized plan for employment" for "individualized written

rehabilitation program".

1993 - Subsec. (a). Pub. L. 103-73 in first sentence inserted

comma after "Veterans Affairs".

1992 - Pub. L. 102-569, Sec. 102(p)(29)(A), substituted

"disabilities" for "handicaps" in section catchline.

Subsec. (a). Pub. L. 102-569, Sec. 503(a), substituted "the

Director of the Office of Personnel Management, the Secretary of

Veterans Affairs" for "the Secretary of Veterans Affairs, and", and

amended second sentence generally. Prior to amendment, second

sentence read as follows: "The Secretary of Education and the

Chairman of the Commission shall serve as co-chairpersons of the

Committee."

Pub. L. 102-569, Sec. 102(p)(29)(B), (C), substituted

"Interagency Committee on Employees who are Individuals with

Disabilities" for "Interagency Committee on Handicapped Employees"

and "individuals with disabilities" for "individuals with

handicaps" in two places.

Subsec. (b). Pub. L. 102-569, Sec. 102(p)(29)(C), (D),

substituted "individuals with disabilities" for "individuals with

handicaps" after "advancement of" and after "opportunities for" and

"employees who are individuals with disabilities" for "employees

with handicaps".

Subsecs. (c), (d), (f)(2). Pub. L. 102-569, Sec. 102(p)(29)(C),

substituted "individuals with disabilities" for "individuals with

handicaps".

Subsec. (g). Pub. L. 102-569, Sec. 503(b), added subsec. (g).

1991 - Subsec. (a). Pub. L. 102-54 substituted "Secretary of

Veterans Affairs" for "Administrator of Veterans' Affairs".

1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(a)(3)(C), which

directed substitution of "Employment of People With Disabilities"

for "Employment of the Handicapped" in second sentence, could not

be executed because the words did not appear in second sentence.

Pub. L. 100-630, Sec. 206(a)(1)-(3)(B), (4), inserted "(hereafter

in this section referred to as the 'Commission')" after first

reference to "Equal Employment Opportunity Commission" and

substituted "Commission" for "Equal Opportunity Employment

Commission" wherever appearing, "Secretary of Labor, the Secretary

of Education, and the Secretary of Health and Human Services" for

"Secretaries of Labor and Education and Health and Human Services"

in first sentence, "co-chairpersons" for "co-chairmen" in second

sentence, and "Commission" for "Office" in cl. (2).

Subsec. (b). Pub. L. 100-630, Sec. 206(a)(2), (5), substituted

"submit to the Commission" for "submit to the Equal Employment

Opportunity Commission", "employees with handicaps" for

"handicapped employees", and "Commission, if the Commission

determines" for "Office, if the Office determines".

Subsecs. (c), (d). Pub. L. 100-630, Sec. 206(a)(2), substituted

"Commission" for "Equal Opportunity Employment Commission" wherever

appearing.

Subsec. (e). Pub. L. 100-630, Sec. 206(a)(6), substituted "an

individualized" for "a individualized".

Subsec. (f)(1), (2). Pub. L. 100-630, Sec. 206(a)(7), substituted

"Employment of People With Disabilities" for "Employment of the

Handicapped".

1986 - Pub. L. 99-506, Sec. 103(d)(2)(C), substituted

"individuals with handicaps" for "handicapped individuals" in

section catchline.

Subsecs. (a) to (c). Pub. L. 99-506, Secs. 103(d)(2)(C),

1002(e)(1), substituted "Equal Employment Opportunity Commission"

for "Office of Personnel Management" and "individuals with

handicaps" for "handicapped individuals" wherever appearing.

Subsec. (d). Pub. L. 99-506, Secs. 103(d)(2)(C), 1002(e)(1),

(2)(A), substituted "Equal Employment Opportunity Commission" for

"Office of Personnel Management" wherever appearing, "individuals

with handicaps" for "handicapped individuals", and "of the

activities" for "of the the activities".

Subsec. (e). Pub. L. 99-506, Sec. 1001(f)(1), substituted "a

individualized" for "his individualized".

Subsec. (f)(2). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted

"individuals with handicaps" for "handicapped individuals".

1984 - Subsec. (a). Pub. L. 98-221, Sec. 104(b)(3)(A)-(D),

substituted "the Chairman of the Office of Personnel Management"

and "Education and Health and Human Services" for "the Chairman of

the Civil Service Commission" and "Health, Education, and Welfare",

respectively, in first sentence, "Secretary of Education and the

Chairman of the Office of Personnel Management" for "Secretary of

Health, Education, and Welfare and the Chairman of the Civil

Service Commission" in second sentence, "Office of Personnel

Management" for "Civil Service Commission" in four places, and

"Office" for "Commission".

Subsec. (b). Pub. L. 98-221, Sec. 104(b)(3)(C), (D), substituted

"Office of Personnel Management" for "Civil Service Commission" and

substituted "Office" for "Commission" in two places.

Subsec. (c). Pub. L. 98-221, Sec. 104(b)(3)(C), substituted

"Office of Personnel Management" for "Civil Service Commission".

Subsec. (d). Pub. L. 98-221, Sec. 104(b)(3)(C), (E), substituted

"Office of Personnel Management" for "Civil Service Commission" in

two places and "the activities of the Office of Personnel

Management" for "Civil Service Commission's activities".

Subsec. (f)(1). Pub. L. 98-221, Sec. 104(b)(3)(F), substituted

"Secretary of Education" for "Secretary of Health, Education, and

Welfare".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 341(c) of Pub. L. 105-220 effective Aug. 7,

1998, and applicable to and may be raised in any administrative or

judicial claim or action brought before Aug. 7, 1998, but pending

on such date, and any administrative or judicial claim or action

brought after such date regardless of whether the claim or action

arose prior to such date, if the claim or action was brought within

the applicable statute of limitations, see section 341(d) of Pub.

L. 105-220, set out as a note under section 633a of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Pub. L. 102-569, title I, Sec. 138, Oct. 29, 1992, 106 Stat.

4397, as amended by Pub. L. 103-73, title I, Sec. 102(3), Aug. 11,

1993, 107 Stat. 718, provided that:

"(a) Effective Date. - Except as provided in subsection (b), this

title [enacting sections 718 to 718b, 725 to 728a, and 740 to 744

of this title, amending this section and sections 701, 705 to 707,

709, 711 to 715, 717, 720 to 724, 730 to 732, 740, 741, 750, 761a

to 762, 770, 772 to 776, 777a, 777b, 777d to 777f, 780, 781, 783,

792 to 794, 795, 795d, 795e, and 795h of this title, repealing

section 752 of this title, enacting provisions set out as notes

under section 712 of this title, and amending provisions set out as

a note under section 701 of this title] and the amendments made by

this title shall take effect on the date of enactment of this Act

[Oct. 29, 1992].

"(b) Compliance. - Each State agency subject to the provisions of

title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.]

shall comply with the amendments made by this subtitle [subtitle B

(Secs. 121-138) of title I of Pub. L. 102-569, enacting sections

725 to 728a and 740 to 744 of this title, amending sections 705,

720 to 724, and 730 to 732 of this title, and repealing section 752

of this title], as soon as is practicable after the date of

enactment of this Act [Oct. 29, 1992], consistent with the

effective and efficient administration of the Rehabilitation Act of

1973 [29 U.S.C. 701 et seq.], but not later than October 1, 1993."

EFFECTIVE DATE OF 1986 AMENDMENT

Pub. L. 99-506, title X, Sec. 1006, Oct. 21, 1986, 100 Stat.

1846, provided that: "Except as otherwise provided in this Act [see

Short Title of 1986 Amendment note set out under section 701 of

this title], this Act shall take effect on the date of its

enactment [Oct. 21, 1986]."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which reports required under subsecs. (a) and (d) of this section

are listed on page 188), see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance.

-EXEC-

EXECUTIVE ORDER NO. 10640

Ex. Ord. No. 10640, Oct. 10, 1955, 20 F.R. 7717, formerly set out

as a note under section 39 of this title, which related to

President's Committee on Employment of the Physically Handicapped,

was superseded by section 6(a) of Ex. Ord. No. 10994, Feb. 14,

1962, 27 F.R. 1447, which established President's Committee on

Employment of the Handicapped.

EXECUTIVE ORDER NO. 10994

Ex. Ord. No. 10994, Feb. 14, 1962, 27 F.R. 1447, as amended by

Ex. Ord. No. 11018, Apr. 27, 1962, 27 F.R. 4143, which established

the President's Committee on Employment of the Handicapped, was

superseded by Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273,

formerly set out below.

EXECUTIVE ORDER NO. 11480

Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, as amended by

Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No.

12608, Sept. 9, 1987, 52 F.R. 34617, which established and provided

for the functions of the President's Committee on Employment of the

Handicapped, was superseded by Ex. Ord. No. 12640, May 10, 1988, 53

F.R. 16996, formerly set out below.

EX. ORD. NO. 11830. ENLARGING MEMBERSHIP OF INTERAGENCY COMMITTEE

ON HANDICAPPED EMPLOYEES

Ex. Ord. No. 11830, Jan. 9, 1975, 40 F.R. 2411, as amended by Ex.

Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No. 12450,

Dec. 9, 1983, 48 F.R. 55409; Ex. Ord. No. 12672, Mar. 21, 1989, 54

F.R. 12167; Ex. Ord. No. 12704, Sec. 1, Feb. 26, 1990, 55 F.R.

6969, provided:

By virtue of the authority vested in me by section 501(a) of the

Rehabilitation Act of 1973 (Public Law 93-112; 87 Stat. 390)

[subsec. (a) of this section], it is hereby ordered as follows:

Section 1. In accord with Section 501 of the Rehabilitation Act

of 1973 (29 U.S.C. 791) and Section 4 of Reorganization Plan No. 1

of 1978 (43 FR 19808) [set out in the Appendix to Title 5,

Government Organization and Employees], the Interagency Committee

on Handicapped Employees is enlarged and composed of the following,

or their designees whose positions are Executive level IV or

higher:

(1) Secretary of Defense.

(2) Secretary of Labor.

(3) Secretary of Education, Co-Chairman.

(4) Director of the Office of Personnel Management.

(5) Administrator of Veterans Affairs.

(6) Administrator of General Services.

(7) Chairman of the Federal Communications Commission.

(8) Chairman of the Equal Employment Opportunity Commission,

Co-Chairman.

(9) Secretary of Health and Human Services.

(10) Postmaster General of the United States Postal Service.

(11) Chairman of the President's Committee on Employment of

People with Disabilities (Ex Officio).

(12) Such other members as the President may designate.

Sec. 2. The Interagency Committee on Handicapped Employees shall

also be referred to as the Interagency Committee on Employment of

People with Disabilities.

EXECUTIVE ORDER NO. 12640

Ex. Ord. No. 12640, May 10, 1988, 53 F.R. 16996, as amended by

Ex. Ord. No. 12945, Jan. 20, 1995, 60 F.R. 4527, which established

the President's Committee on Employment of People with

Disabilities, the Executive Committee of the President's Committee

on Employment of People with Disabilities, and the Advisory Council

on Employment of People with Disabilities, and provided for the

membership, functions, and administration of those bodies, and

superseded Ex. Ord. No. 11480, was revoked by Ex. Ord. No. 13187,

Sec. 4(a), Jan. 10, 2001, 66 F.R. 3858, set out as a note under

section 701 of this title.

EX. ORD. NO. 13163. INCREASING THE OPPORTUNITY FOR INDIVIDUALS WITH

DISABILITIES TO BE EMPLOYED IN THE FEDERAL GOVERNMENT

Ex. Ord. No. 13163, July 26, 2000, 65 F.R. 46563, 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

promote an increase in the opportunities for individuals with

disabilities to be employed at all levels and occupations of the

Federal Government, and to support the goals articulated in section

501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), it is hereby

ordered as follows:

Section 1. Increasing the Federal Employment Opportunities for

Individuals with Disabilities. (a) Recent evidence demonstrates

that, throughout the United States, qualified persons with

disabilities have been refused employment despite their

availability and qualifications, and many qualified persons with

disabilities are never made aware of available employment

opportunities. Evidence also suggests that increased efforts at

outreach, and increased understanding of the reasonable

accommodations available for persons with disabilities, will permit

persons with disabilities to compete for employment on a more level

playing field.

(b) Based on current hiring patterns and anticipated increases

from expanded outreach efforts and appropriate accommodations, the

Federal Government, over the next 5 years, will be able to hire

100,000 qualified individuals with disabilities. In furtherance of

such efforts, Federal agencies shall:

(1) Use available hiring authorities, consistent with statutes,

regulations, and prior Executive orders and Presidential

Memoranda;

(2) Expand their outreach efforts, using both traditional and

nontraditional methods; and

(3) Increase their efforts to accommodate individuals with

disabilities.

(c) As a model employer, the Federal Government will take the

lead in educating the public about employment opportunities

available for individuals with disabilities.

(d) This order does not require agencies to create new positions

or to change existing qualification standards for any position.

Sec. 2. Implementation. Each Federal agency shall prepare a plan

to increase the opportunities for individuals with disabilities to

be employed in the agency. Each agency shall submit that plan to

the Office of Personnel Management within 60 days from the date of

this order.

Sec. 3. Authority to Develop Guidance. The Office of Personnel

Management shall develop guidance on the provisions of this order

to increase the opportunities for individuals with disabilities

employed in the Federal Government.

Sec. 4. Judicial Review. This order is intended only to improve

the internal management of the executive branch and does not create

any right or benefit, substantive or procedural, enforceable at law

or equity by a party against the United States, its agencies, its

officers, its employees, or any person.

William J. Clinton.

EX. ORD. NO. 13164. REQUIRING FEDERAL AGENCIES TO ESTABLISH

PROCEDURES TO FACILITATE THE PROVISION OF REASONABLE ACCOMMODATION

Ex. Ord. No. 13164, July 26, 2000, 65 F.R. 46565, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended, and

in order to promote a model Federal workplace that provides

reasonable accommodation for (1) individuals with disabilities in

the application process for Federal employment; (2) Federal

employees with disabilities to perform the essential functions of a

position; and (3) Federal employees with disabilities to enjoy

benefits and privileges of employment equal to those enjoyed by

employees without disabilities, it is hereby ordered as follows:

Section 1. Establishment of Effective Written Procedures to

Facilitate the Provision of Reasonable Accommodation. (a) Each

Federal agency shall establish effective written procedures for

processing requests for reasonable accommodation by employees and

applicants with disabilities. The written procedures may allow

different components of an agency to tailor their procedures as

necessary to ensure the expeditious processing of requests.

(b) As set forth in Re-charting the Course: The First Report of

the Presidential Task Force on Employment of Adults with

Disabilities (1998), effective written procedures for processing

requests for reasonable accommodation should include the following:

(1) Explain that an employee or job applicant may initiate a

request for reasonable accommodation orally or in writing. If the

agency requires an applicant or employee to complete a reasonable

accommodation request form for recordkeeping purposes, the form

must be provided as an attachment to the agency's written

procedures;

(2) Explain how the agency will process a request for

reasonable accommodation, and from whom the individual will

receive a final decision;

(3) Designate a time period during which reasonable

accommodation requests will be granted or denied, absent

extenuating circumstances. Time limits for decision making should

be as short as reasonably possible;

(4) Explain the responsibility of the employee or applicant to

provide appropriate medical information related to the functional

impairment at issue and the requested accommodation where the

disability and/or need for accommodation is not obvious;

(5) Explain the agency's right to request relevant supplemental

medical information if the information submitted does not clearly

explain the nature of the disability, or the need for the

reasonable accommodation, or does not otherwise clarify how the

requested accommodation will assist the employee to perform the

essential functions of the job or to enjoy the benefits and

privileges of the workplace;

(6) Explain the agency's right to have medical information

reviewed by a medical expert of the agency's choosing at the

agency's expense;

(7) Provide that reassignment will be considered as a

reasonable accommodation if the agency determines that no other

reasonable accommodation will permit the employee with a

disability to perform the essential functions of his or her

current position;

(8) Provide that reasonable accommodation denials be in writing

and specify the reasons for denial;

(9) Ensure that agencies' systems of recordkeeping track the

processing of requests for reasonable accommodation and maintain

the confidentiality of medical information received in accordance

with applicable law and regulations; and

(10) Encourage the use of informal dispute resolution processes

to allow individuals with disabilities to obtain prompt

reconsideration of denials of reasonable accommodation. Agencies

must also inform individuals with disabilities that they have the

right to file complaints in the Equal Employment Opportunity

process and other statutory processes, as appropriate, if their

requests for reasonable accommodation are denied.

Sec. 2. Submission of Agency Reasonable Accommodation Procedures

to the Equal Employment Opportunity Commission (EEOC). Within 1

year from the date of this order, each agency shall submit its

procedures to the EEOC. Each agency shall also submit to the EEOC

any modifications to its reasonable accommodation procedures at the

time that those modifications are adopted.

Sec. 3. Collective Bargaining Obligations. In adopting their

reasonable accommodation procedures, agencies must honor their

obligations to notify their collective bargaining representatives

and bargain over such procedures to the extent required by law.

Sec. 4. Implementation. The EEOC shall issue guidance for the

implementation of this order within 90 days from the date of this

order.

Sec. 5. Construction and Judicial Review. (a) Nothing in this

order limits the rights that individuals with disabilities may have

under the Rehabilitation Act of 1973, as amended.

(b) This order is intended only to improve the internal

management of the executive branch and does not create any right or

benefit, substantive or procedural, enforceable at law or equity by

a party against the United States, its agencies, its officers, its

employees, or any person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 794a, 794d of this

title; title 2 section 1311; title 3 sections 411, 421; title 5

sections 2302, 3102, 7702; title 22 sections 3905, 4131; title 38

section 4214; title 42 sections 1981a, 2000e-16b.

-End-

-CITE-

29 USC Sec. 792 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 792. Architectural and Transportation Barriers Compliance

Board

-STATUTE-

(a) Establishment; membership; chairperson; vice-chairperson; term

of office; termination of membership; reappointment; compensation

and travel expenses; bylaws; quorum requirements

(1) There is established within the Federal Government the

Architectural and Transportation Barriers Compliance Board

(hereinafter referred to as the "Access Board") which shall be

composed as follows:

(A) Thirteen members shall be appointed by the President from

among members of the general public of whom at least a majority

shall be individuals with disabilities.

(B) The remaining members shall be the heads of each of the

following departments or agencies (or their designees whose

positions are executive level IV or higher):

(i) Department of Health and Human Services.

(ii) Department of Transportation.

(iii) Department of Housing and Urban Development.

(iv) Department of Labor.

(v) Department of the Interior.

(vi) Department of Defense.

(vii) Department of Justice.

(viii) General Services Administration.

(ix) Department of Veterans Affairs.

(x) United States Postal Service.

(xi) Department of Education.

(xii) Department of Commerce.

The chairperson and vice-chairperson of the Access Board shall be

elected by majority vote of the members of the Access Board to

serve for terms of one year. When the chairperson is a member of

the general public, the vice-chairperson shall be a Federal

official; and when the chairperson is a Federal official, the

vice-chairperson shall be a member of the general public. Upon the

expiration of the term as chairperson of a member who is a Federal

official, the subsequent chairperson shall be a member of the

general public; and vice versa.

(2)(A)(i) The term of office of each appointed member of the

Access Board shall be 4 years, except as provided in clause (ii).

Each year, the terms of office of at least three appointed members

of the board (!1) shall expire.

(ii)(I) One member appointed for a term beginning December 4,

1992 shall serve for a term of 3 years.

(II) One member appointed for a term beginning December 4, 1993

shall serve for a term of 2 years.

(III) One member appointed for a term beginning December 4, 1994

shall serve for a term of 1 year.

(IV) Members appointed for terms beginning before December 4,

1992 shall serve for terms of 3 years.

(B) A member whose term has expired may continue to serve until a

successor has been appointed.

(C) A member appointed to fill a vacancy shall serve for the

remainder of the term to which that member's predecessor was

appointed.

(3) If any appointed member of the Access Board becomes a Federal

employee, such member may continue as a member of the Access Board

for not longer than the sixty-day period beginning on the date the

member becomes a Federal employee.

(4) No individual appointed under paragraph (1)(A) of this

subsection who has served as a member of the Access Board may be

reappointed to the Access Board more than once unless such

individual has not served on the Access Board for a period of two

years prior to the effective date of such individual's appointment.

(5)(A) Members of the Access Board who are not regular full-time

employees of the United States shall, while serving on the business

of the Access Board, be entitled to receive compensation at rates

fixed by the President, but not to exceed the daily equivalent of

the rate of pay for level IV of the Executive Schedule under

section 5315 of title 5, including travel time, for each day they

are engaged in the performance of their duties as members of the

Access Board; and shall be entitled to reimbursement for travel,

subsistence, and other necessary expenses incurred by them in

carrying out their duties under this section.

(B) Members of the Access Board who are employed by the Federal

Government shall serve without compensation, but shall be

reimbursed for travel, subsistence, and other necessary expenses

incurred by them in carrying out their duties under this section.

(6)(A) The Access Board shall establish such bylaws and other

rules as may be appropriate to enable the Access Board to carry out

its functions under this chapter.

(B) The bylaws shall include quorum requirements. The quorum

requirements shall provide that (i) a proxy may not be counted for

purposes of establishing a quorum, and (ii) not less than half the

members required for a quorum shall be members of the general

public appointed under paragraph (1)(A).

(b) Functions

It shall be the function of the Access Board to -

(1) ensure compliance with the standards prescribed pursuant to

the Act entitled "An Act to ensure that certain buildings

financed with Federal funds are so designed and constructed as to

be accessible to the physically handicapped", approved August 12,

1968 (commonly known as the Architectural Barriers Act of 1968;

42 U.S.C. 4151 et seq.) (including the application of such Act to

the United States Postal Service), including enforcing all

standards under such Act, and ensuring that all waivers and

modifications to the standards are based on findings of fact and

are not inconsistent with the provisions of this section;

(2) develop advisory information for, and provide appropriate

technical assistance to, individuals or entities with rights or

duties under regulations prescribed pursuant to this subchapter

or titles II and III of the Americans with Disabilities Act of

1990 (42 U.S.C. 12131 et seq. and 12181 et seq.) with respect to

overcoming architectural, transportation, and communication

barriers;

(3) establish and maintain -

(A) minimum guidelines and requirements for the standards

issued pursuant to the Act commonly known as the Architectural

Barriers Act of 1968;

(B) minimum guidelines and requirements for the standards

issued pursuant to titles II and III of the Americans with

Disabilities Act of 1990;

(C) guidelines for accessibility of telecommunications

equipment and customer premises equipment under section 255 of

title 47; and

(D) standards for accessible electronic and information

technology under section 794d of this title;

(4) promote accessibility throughout all segments of society;

(5) investigate and examine alternative approaches to the

architectural, transportation, communication, and attitudinal

barriers confronting individuals with disabilities, particularly

with respect to telecommunications devices, public buildings and

monuments, parks and parklands, public transportation (including

air, water, and surface transportation, whether interstate,

foreign, intrastate, or local), and residential and institutional

housing;

(6) determine what measures are being taken by Federal, State,

and local governments and by other public or nonprofit agencies

to eliminate the barriers described in paragraph (5);

(7) promote the use of the International Accessibility Symbol

in all public facilities that are in compliance with the

standards prescribed by the Administrator of General Services,

the Secretary of Defense, and the Secretary of Housing and Urban

Development pursuant to the Act commonly known as the

Architectural Barriers Act of 1968;

(8) make to the President and to the Congress reports that

shall describe in detail the results of its investigations under

paragraphs (5) and (6);

(9) make to the President and to the Congress such

recommendations for legislative and administrative changes as the

Access Board determines to be necessary or desirable to eliminate

the barriers described in paragraph (5);

(10) ensure that public conveyances, including rolling stock,

are readily accessible to, and usable by, individuals with

physical disabilities; and

(11) carry out the responsibilities specified for the Access

Board in section 794d of this title.

(c) Additional functions; transportation barriers and housing

needs; transportation and housing plans and proposals

The Access Board shall also (1)(A) determine how and to what

extent transportation barriers impede the mobility of individuals

with disabilities and aged individuals with disabilities and

consider ways in which travel expenses in connection with

transportation to and from work for individuals with disabilities

can be met or subsidized when such individuals are unable to use

mass transit systems or need special equipment in private

transportation, and (B) consider the housing needs of individuals

with disabilities; (2) determine what measures are being taken,

especially by public and other nonprofit agencies and groups having

an interest in and a capacity to deal with such problems, (A) to

eliminate barriers from public transportation systems (including

vehicles used in such systems), and to prevent their incorporation

in new or expanded transportation systems, and (B) to make housing

available and accessible to individuals with disabilities or to

meet sheltered housing needs; and (3) prepare plans and proposals

for such further actions as may be necessary to the goals of

adequate transportation and housing for individuals with

disabilities, including proposals for bringing together in a

cooperative effort, agencies, organizations, and groups already

working toward such goals or whose cooperation is essential to

effective and comprehensive action.

(d) Electronic and information technology accessibility training

Beginning in fiscal year 2000, the Access Board, after

consultation with the Secretary, representatives of such public and

private entities as the Access Board determines to be appropriate

(including the electronic and information technology industry),

targeted individuals (as defined in section 3002 of this title),

and State information technology officers, shall provide training

for Federal and State employees on any obligations related to

section 794d of this title.

(e) Investigations; hearings; orders; administrative procedure

applicable; final orders; judicial review; civil action;

intervention

(1) The Access Board shall conduct investigations, hold public

hearings, and issue such orders as it deems necessary to ensure

compliance with the provisions of the Acts cited in subsection (b)

of this section. Except as provided in paragraph (3) of subsection

(f) of this section, the provisions of subchapter II of chapter 5,

and chapter 7 of title 5 shall apply to procedures under this

subsection, and an order of compliance issued by the Access Board

shall be a final order for purposes of judicial review. Any such

order affecting any Federal department, agency, or instrumentality

of the United States shall be final and binding on such department,

agency, or instrumentality. An order of compliance may include the

withholding or suspension of Federal funds with respect to any

building or public conveyance or rolling stock found not to be in

compliance with standards enforced under this section. Pursuant to

chapter 7 of title 5, any complainant or participant in a

proceeding under this subsection may obtain review of a final order

issued in such proceeding.

(2) The executive director is authorized, at the direction of the

Access Board -

(A) to bring a civil action in any appropriate United States

district court to enforce, in whole or in part, any final order

of the Access Board under this subsection; and

(B) to intervene, appear, and participate, or to appear as

amicus curiae, in any court of the United States or in any court

of a State in civil actions that relate to this section or to the

Architectural Barriers Act of 1968 [42 U.S.C. 4151 et seq.].

Except as provided in section 518(a) of title 28, relating to

litigation before the Supreme Court, the executive director may

appear for and represent the Access Board in any civil litigation

brought under this section.

(f) Appointment of executive director, administrative law judges,

and other personnel; provisions applicable to administrative law

judges; authority and duties of executive director; finality of

orders of compliance

(1) There shall be appointed by the Access Board an executive

director and such other professional and clerical personnel as are

necessary to carry out its functions under this chapter. The Access

Board is authorized to appoint as many administrative law judges as

are necessary for proceedings required to be conducted under this

section. The provisions applicable to administrative law judges

appointed under section 3105 of title 5 shall apply to

administrative law judges appointed under this subsection.

(2) The Executive Director shall exercise general supervision

over all personnel employed by the Access Board (other than

administrative law judges and their assistants). The Executive

Director shall have final authority on behalf of the Access Board,

with respect to the investigation of alleged noncompliance and in

the issuance of formal complaints before the Access Board, and

shall have such other duties as the Access Board may prescribe.

(3) For the purpose of this section, an order of compliance

issued by an administrative law judge shall be deemed to be an

order of the Access Board and shall be the final order for the

purpose of judicial review.

(g) Technical, administrative, or other assistance; appointment,

compensation, and travel expenses of advisory and technical

experts and consultants

(1)(A) In carrying out the technical assistance responsibilities

of the Access Board under this section, the Board may enter into an

interagency agreement with another Federal department or agency.

(B) Any funds appropriated to such a department or agency for the

purpose of providing technical assistance may be transferred to the

Access Board. Any funds appropriated to the Access Board for the

purpose of providing such technical assistance may be transferred

to such department or agency.

(C) The Access Board may arrange to carry out the technical

assistance responsibilities of the Board under this section through

such other departments and agencies for such periods as the Board

determines to be appropriate.

(D) The Access Board shall establish a procedure to ensure

separation of its compliance and technical assistance

responsibilities under this section.

(2) The departments or agencies specified in subsection (a) of

this section shall make available to the Access Board such

technical, administrative, or other assistance as it may require to

carry out its functions under this section, and the Access Board

may appoint such other advisers, technical experts, and consultants

as it deems necessary to assist it in carrying out its functions

under this section. Special advisory and technical experts and

consultants appointed pursuant to this paragraph shall, while

performing their functions under this section, be entitled to

receive compensation at rates fixed by the Chairperson,(!2) but not

exceeding the daily equivalent of the rate of pay for level 4 of

the Senior Executive Service Schedule under section 5382 of title

5, including travel time, and while serving away from their homes

or regular places of business they may be allowed travel expenses,

including per diem in lieu of subsistence, as authorized by section

5703 of such title 5 for persons in the Government service employed

intermittently.

(h) Omitted

(i) Grants and contracts to aid Access Board in carrying out its

functions; acceptance of gifts, devises, and bequests of property

(1) The Access Board may make grants to, or enter into contracts

with, public or private organizations to carry out its duties under

subsections (b) and (c) of this section.

(2)(A) The Access Board may accept, hold, administer, and utilize

gifts, devises, and bequests of property, both real and personal,

for the purpose of aiding and facilitating the functions of the

Access Board under paragraphs (2) and (4) of subsection (b) of this

section. Gifts and bequests of money and proceeds from sales of

other property received as gifts, devises, or bequests shall be

deposited in the Treasury and shall be disbursed upon the order of

the Chairperson.(!2) Property accepted pursuant to this section,

and the proceeds thereof, shall be used as nearly as possible in

accordance with the terms of the gifts, devises, or bequests. For

purposes of Federal income, estate, or gift taxes, property

accepted under this section shall be considered as a gift, devise,

or bequest to the United States.

(B) The Access Board shall publish regulations setting forth the

criteria the Board will use in determining whether the acceptance

of gifts, devises, and bequests of property, both real and

personal, would reflect unfavorably upon the ability of the Board

or any employee to carry out the responsibilities or official

duties of the Board in a fair and objective manner, or would

compromise the integrity of or the appearance of the integrity of a

Government program or any official involved in that program.

(3) Omitted.

(j) Authorization of appropriations

There are authorized to be appropriated for the purpose of

carrying out the duties and functions of the Access Board under

this section such sums as may be necessary for each of the fiscal

years 1999 through 2003.

-SOURCE-

(Pub. L. 93-112, title V, Sec. 502, Sept. 26, 1973, 87 Stat. 391;

Pub. L. 93-516, title I, Secs. 110, 111(n)-(q), Dec. 7, 1974, 88

Stat. 1619, 1621, 1622; Pub. L. 93-651, title I, Secs. 110,

111(n)-(q), Nov. 21, 1974, 89 Stat. 2-4, 2-6, 2-7; Pub. L. 94-230,

Secs. 10, 11(b)(13), Mar. 15, 1976, 90 Stat. 212, 214; Pub. L.

95-251, Sec. 2(a)(8), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-602,

title I, Sec. 118, Nov. 6, 1978, 92 Stat. 2979; Pub. L. 96-374,

title XIII, Sec. 1321, Oct. 3, 1980, 94 Stat. 1499; Pub. L. 98-221,

title I, Sec. 151, Feb. 22, 1984, 98 Stat. 28; Pub. L. 99-506,

title I, Sec. 103(d)(2)(C), title VI, Sec. 601, title X, Sec.

1002(e)(2)(B)-(D), Oct. 21, 1986, 100 Stat. 1810, 1829, 1844; Pub.

L. 100-630, title II, Sec. 206(b), Nov. 7, 1988, 102 Stat. 3311;

Pub. L. 102-52, Sec. 6, June 6, 1991, 105 Stat. 262; Pub. L.

102-54, Sec. 13(k)(1)(A), June 13, 1991, 105 Stat. 276; Pub. L.

102-569, title I, Sec. 102(p)(30), title V, Sec. 504, Oct. 29,

1992, 106 Stat. 4360, 4424; Pub. L. 103-73, title I, Sec. 112(b),

Aug. 11, 1993, 107 Stat. 727; Pub. L. 105-220, title IV, Sec.

408(a)(2), Aug. 7, 1998, 112 Stat. 1202; Pub. L. 105-394, title II,

Sec. 203(a), Nov. 13, 1998, 112 Stat. 3653.)

-REFTEXT-

REFERENCES IN TEXT

Executive level IV, referred to in subsec. (a)(1)(B), is set out

in section 5315 of Title 5, Government Organization and Employees.

The Act commonly known as the Architectural Barriers Act of 1968,

referred to in subsecs. (b)(1), (3)(A), (7) and (e)(2)(B), is Pub.

L. 90-480, Aug. 12, 1968, 82 Stat. 718, as amended, which is

classified generally to chapter 51 (Sec. 4151 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 4151 of

Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(2), (3)(B), is Pub. L. 101-336, July 26, 1990, 104

Stat. 327, as amended. Titles II and III of the Act are classified

generally to subchapters II (Sec. 12131 et seq.) and III (Sec.

12181 et seq.), respectively, of chapter 126 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 12101 of

Title 42 and Tables.

-COD-

CODIFICATION

Subsecs. (h) and (i)(3) of this section, which required the Board

to submit an annual report on its activities to Congress and, at

the same time the Board transmits the report required under section

4157(b) of Title 42, The Public Health and Welfare, to transmit

that report to the Committee on Education and the Workforce of the

House of Representatives and the Committee on Labor and Human

Resources of the Senate, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, items 4 to 6 on page 155 of House Document No. 103-7.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-220, Sec. 408(a)(2)(A),

substituted "chairperson and" for "Chairperson and" in concluding

provisions.

Subsec. (b)(2). Pub. L. 105-220, Sec. 408(a)(2)(B)(i),

substituted "information" for "guidelines".

Subsec. (b)(3). Pub. L. 105-220, Sec. 408(a)(2)(B)(ii), added

par. (3) and struck out former par. (3) which read as follows:

"establish and maintain minimum guidelines and requirements for the

standards issued pursuant to the Act commonly known as the

Architectural Barriers Act of 1968 and titles II and III of the

Americans with Disabilities Act of 1990;".

Subsec. (b)(11). Pub. L. 105-220, Sec. 408(a)(2)(B)(iii)-(v),

added par. (11).

Subsec. (d). Pub. L. 105-394, Sec. 203(a)(2), added subsec. (d).

Former subsec. (d) redesignated (e).

Subsec. (d)(1). Pub. L. 105-220, Sec. 408(a)(2)(C), substituted

"procedures under this subsection" for "procedures under this

section".

Subsec. (e). Pub. L. 105-394, Sec. 203(a)(1), (3), redesignated

subsec. (d) as (e) and substituted "subsection (f)" for "subsection

(e)" in second sentence of par. (1). Former subsec. (e)

redesignated (f).

Subsec. (f). Pub. L. 105-394, Sec. 203(a)(1), redesignated

subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 105-394, Sec. 203(a)(1), redesignated

subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (g)(2). Pub. L. 105-220, Sec. 408(a)(2)(D), substituted

"Committee on Education and the Workforce" for "Committee on

Education and Labor".

Subsec. (h). Pub. L. 105-394, Sec. 203(a)(1), redesignated

subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (h)(2)(A). Pub. L. 105-220, Sec. 408(a)(2)(E),

substituted "paragraphs (2) and (4)" for "paragraphs (5) and (7)".

Subsec. (i). Pub. L. 105-394, Sec. 203(a)(1), redesignated

subsec. (h) as (i). Former subsec. (i) redesignated (j).

Pub. L. 105-220, Sec. 408(a)(2)(F), substituted "fiscal years

1999 through 2003" for "fiscal years 1993 through 1997".

Subsec. (j). Pub. L. 105-394, Sec. 203(a)(1), redesignated

subsec. (i) as (j).

1993 - Subsec. (a)(5)(A). Pub. L. 103-73 substituted "level IV of

the Executive Schedule under section 5315" for "level 4 of the

Senior Executive Service Schedule under section 5382".

1992 - Pub. L. 102-569, Sec. 504(a)(2), (3), substituted "the

Access Board" and "The Access Board" for "the Board" and "The

Board", respectively, wherever appearing.

Subsec. (a)(1). Pub. L. 102-569, Sec. 504(a)(1), substituted "the

'Access Board' " for "the 'Board' " in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 102-569, Sec. 504(b)(1)(A),

substituted "Thirteen" for "Twelve" and "at least a majority" for

"six".

Pub. L. 102-569, Sec. 102(p)(30), substituted "individuals with

disabilities" for "individuals with handicaps".

Subsec. (a)(1)(B)(xii). Pub. L. 102-569, Sec. 504(b)(1)(B), added

cl. (xii).

Subsec. (a)(2)(A). Pub. L. 102-569, Sec. 504(b)(2), designated

existing provisions as cl. (i), substituted "4 years, except as

provided in clause (ii)" for "three years" and "at least three" for

"four", and added cl. (ii).

Subsec. (a)(3). Pub. L. 102-569, Sec. 504(b)(3), substituted "a

Federal" for "such an" after "member becomes".

Subsec. (a)(5)(A). Pub. L. 102-569, Sec. 504(b)(4), substituted

"the daily equivalent of the rate of pay for level 4 of the Senior

Executive Service Schedule under section 5382" for "the daily rate

prescribed for GS-18 under section 5332".

Subsec. (b). Pub. L. 102-569, Sec. 504(c), amended subsec. (b)

generally, substituting present provisions for provisions which

outlined eight specific functions of the Access Board.

Subsec. (c). Pub. L. 102-569, Sec. 102(p)(30), substituted

"individuals with disabilities" for "individuals with handicaps"

wherever appearing.

Subsec. (d)(1). Pub. L. 102-569, Sec. 504(d)(1), in first

sentence, substituted "The Access Board shall conduct" for "In

carrying out its functions under this chapter, the Access Board

shall, directly or through grants to public or private nonprofit

organizations or contracts with private nonprofit or forprofit

organizations, carry out its functions under subsections (b) and

(c) of this section, and shall conduct" and "to ensure compliance"

for "to insure compliance".

Subsec. (d)(3). Pub. L. 102-569, Sec. 504(d)(2), struck out par.

(3) which read as follows: "The Access Board, in consultation and

coordination with other concerned Federal departments and agencies

and agencies within the Department of Education, shall develop

standards and provide appropriate technical assistance to any

public or private activity, person, or entity affected by

regulations prescribed pursuant to this subchapter with respect to

overcoming architectural, transportation, and communication

barriers. Any funds appropriated to any such department or agency

for the purpose of providing such assistance may be transferred to

the Access Board for the purpose of carrying out this paragraph.

The Access Board may arrange to carry out its responsibilities

under this paragraph through such other departments and agencies

for such periods as the Access Board determines is appropriate. In

carrying out its technical assistance responsibilities under this

paragraph, the Access Board shall establish a procedure to insure

separation of its compliance and technical assistance

responsibilities under this section."

Subsec. (f). Pub. L. 102-569, Sec. 504(e), added par. (1),

designated existing provisions as par. (2) and substituted

"paragraph" for "subsection", "Chairperson" for "Secretary", and

"the daily equivalent of the rate of pay for level 4 of the Senior

Executive Service Schedule under section 5382" for "the daily pay

rate for a person employed as a GS-18 under section 5332".

Subsec. (g). Pub. L. 102-569, Sec. 504(f), designated existing

provisions as par. (1), substituted "paragraphs (8) and (9) of such

subsection" for "clauses (5) and (6) of subsection (b) of this

section", struck out at end "The Access Board shall prepare two

final reports of its activities under subsection (c) of this

section. One such report shall be on its activities in the field of

transportation barriers facing individuals with disabilities, and

the other such report shall be on its activities in the field of

the housing needs of individuals with disabilities. The Access

Board shall, not later than September 30, 1975, submit each such

report, together with its recommendations, to the President and the

Congress. The Access Board shall also prepare for such submission

an interim report of its activities in each such field within 18

months after September 26, 1973. The Access Board shall prepare and

submit two additional reports of its activities under subsection

(c) of this section, one report on its activities in the field of

transportation barriers facing individuals with disabilities and

the other report on its activities in the field of the housing

needs of individuals with disabilities. The two additional reports

required by the previous sentence shall be submitted not later than

February 1, 1988.", and added par. (2).

Pub. L. 102-569, Sec. 102(p)(30), substituted "individuals with

disabilities" for "individuals with handicaps" wherever appearing.

Subsec. (h)(1). Pub. L. 102-569, Sec. 504(g)(1)-(3), redesignated

par. (2) as (1), struck out at end "The Access Board may also make

grants to any designated State unit for the purpose of conducting

studies to provide the cost assessments required by paragraph (1).

Before including in such report the findings of any study conducted

for the Access Board under a grant or contract to provide the

Access Board with such cost assessments, the Access Board shall

take all necessary steps to validate the accuracy of any such

findings.", and struck out former par. (1) which read as follows:

"Within one year following November 6, 1978, the Access Board shall

submit to the President and the Congress a report containing an

assessment of the amounts required to be expended by States and by

political subdivisions thereof to provide individuals with

disabilities with full access to all programs and activities

receiving Federal assistance."

Pub. L. 102-569, Sec. 102(p)(30), substituted "individuals with

disabilities" for "individuals with handicaps" before "with full

access".

Subsec. (h)(2). Pub. L. 102-569, Sec. 504(g)(4), which directed

the addition of par. (2) "at the end" of subsec. (h), was executed

by adding par. (2) before par. (3) to reflect the probable intent

of Congress. Former par. (2) redesignated (1).

Subsec. (i). Pub. L. 102-569, Sec. 504(h), substituted "fiscal

years 1993 through 1997." for "fiscal years 1987 through 1992, but

in no event shall the amount appropriated for any one fiscal year

exceed $3,000,000."

1991 - Subsec. (a)(1)(B)(ix). Pub. L. 102-54 substituted

"Department of Veterans Affairs" for "Veterans' Administration".

Subsec. (i). Pub. L. 102-52 substituted "1987 through 1992" for

"1987, 1988, 1989, 1990, and 1991".

1988 - Subsec. (a)(2). Pub. L. 100-630, Sec. 206(b)(1), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

"The term of office of each appointed member of the Board shall be

three years; except that (i) the members first taking office shall

serve, as designated by the President at the time of appointment,

four for a term of one year, four for a term of two years, and

three for a term of three years, (ii) a member whose term has

expired may continue to serve until a successor has been appointed,

and (iii) a member appointed to fill a vacancy shall serve for the

remainder of the term to which that member's predecessor was

appointed."

Subsec. (a)(3). Pub. L. 100-630, Sec. 206(b)(2), substituted "the

member" for "he".

Subsec. (a)(5)(A). Pub. L. 100-630, Sec. 206(b)(3), substituted

"travel time" for "traveltime".

Subsec. (b). Pub. L. 100-630, Sec. 206(b)(4)-(7), inserted a

comma after "surface transportation" in cl. (2), and substituted

"Administrator of General Services" for "Administrator of the

General Services Administration" in cl. (4), "results of" for

"results to" in cl. (5), and "individuals with physical handicaps"

for "physically handicapped persons" in cl. (8).

Subsec. (c)(2)(A). Pub. L. 100-630, Sec. 206(b)(8), inserted a

comma after "expanded transportation systems".

Subsec. (d)(2)((B). Pub. L. 100-630, Sec. 206(b)(9), substituted

"that relate to" for "which related to".

Subsec. (f). Pub. L. 100-630, Sec. 206(b)(10), substituted "daily

pay rate for" for "daily pay rate, for", "section 5332 of title 5"

for "section 5332 of title 45", and "travel time" for "traveltime".

Subsec. (g). Pub. L. 100-630, Sec. 206(b)(11), substituted

"transportation barriers facing individuals with handicaps" for

"transportation barriers to individuals with handicaps" and for

"transportation barriers of handicapped individuals" in fourth and

seventh sentences, respectively, and "housing needs of individuals

with handicaps" for "housing needs of handicapped individuals" in

seventh sentence.

1986 - Subsec. (a)(1)(A). Pub. L. 99-506, Secs. 103(d)(2)(C),

601(a)(2), substituted "Twelve" for "Eleven", "six" for "five", and

"individuals with handicaps" for "handicapped individuals".

Subsec. (a)(1)(B). Pub. L. 99-506, Sec. 601(a)(1), substituted

provision that Chairperson and vice-chairperson of Board shall be

elected by majority vote of members of Board to serve for terms of

one year, for provision that President had to appoint first

Chairman of such Board who was to serve for term of not more than

two years, with subsequent Chairmen to be elected by majority vote

of Board for term of one year, and inserted provisions that

positions of Chairperson and vice-chairperson each be held

alternately in succession by Federal official and by member of

general public, and that when either office is held by member of

general public, the other will be held by Federal official.

Subsec. (a)(2)(ii), (iii). Pub. L. 99-506, Sec. 601(a)(3), added

cls. (ii) and (iii), and struck out former cl. (ii) which read as

follows: "any member appointed to fill a vacancy shall serve for

the remainder of the term for which his predecessor was appointed".

Subsec. (a)(6). Pub. L. 99-506, Sec. 601(a)(4), added par. (6).

Subsecs. (b)(2), (c). Pub. L. 99-506, Sec. 103(d)(2)(C),

substituted "individuals with handicaps" for "handicapped

individuals" wherever appearing.

Subsec. (d)(2)(A). Pub. L. 99-506, Sec. 1002(e)(2)(B),

substituted "any final order" for "any, final order".

Subsec. (d)(3). Pub. L. 99-506, Sec. 1002(e)(2)(C), substituted

"Department of Education" for "Department of Health, Education, and

Welfare" and "with respect to overcoming" for "with respect

overcoming to".

Subsec. (e)(2). Pub. L. 99-506, Sec. 1002(e)(2)(D), substituted

"alleged noncompliance and in" for "alleged noncompliance in".

Subsec. (g). Pub. L. 99-506, Sec. 601(b), inserted provisions

requiring the Board to submit, not later than Feb. 1, 1988, two

additional reports on its activities under subsec. (c), one report

to deal with its activities relating to transportation barriers to

handicapped individuals, the other to deal with activities relating

to the housing needs of handicapped individuals.

Pub. L. 99-506, Sec. 103(d)(2)(C), substituted "individuals with

handicaps" for "handicapped individuals" wherever appearing.

Subsec. (h)(1). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted

reference to individuals with handicaps for reference to

handicapped individuals.

Subsec. (i). Pub. L. 99-506, Sec. 601(c), which directed the

substitution of "of the fiscal years 1987, 1988, 1989, 1990, and

1991," for "fiscal year ending before October 1, 1986," was

executed by making the substitution for "fiscal year ending before

October 1, 1986.," as the probable intent of Congress. See 1984

Amendment note below.

1984 - Subsec. (i). Pub. L. 98-221 substituted "October 1, 1986."

for "October 1, 1982".

1980 - Subsec. (a)(1)(B)(i). Pub. L. 96-374, Sec. 1321(a)(1),

substituted "Department of Health and Human Services" for

"Department of Health, Education, and Welfare".

Subsec. (a)(1)(B)(xi). Pub. L. 96-374, Sec. 1321(a)(2), added cl.

(xi).

Subsec. (h)(3). Pub. L. 96-374, Sec. 1321(b), added par. (3).

1978 - Subsec. (a). Pub. L. 95-602, Sec. 118(a), substituted

provision permitting President to appoint eleven members of Board

from general public of whom five are to be handicapped, adding head

of the Department of Justice as a Board member, authorizing

President to appoint the first chairman, and providing for the term

of office, reappointment, and compensation of Board members for

provision restricting Board membership to head of Department of

Health, Education, and Welfare, Department of Transportation,

Department of Housing and Urban Development, Department of Labor,

Department of the Interior, Department of Defense, General Services

Administration, United States Postal Service, and Veterans'

Administration, appointing Secretary of Health, Education, and

Welfare as chairman, and authorizing appointment of a Consumer

Advisory Panel, a majority of members of which were to be

handicapped, to provide guidance, advice, and recommendations to

Board.

Subsec. (b)(1). Pub. L. 95-602, Sec. 118(b)(1), substituted

provision requiring Board to insure compliance with standards of

Architectural Barriers Act of 1968, including application to United

States Postal Service, and to insure all waivers and modifications

of standards are based on findings of fact and are not inconsistent

with that Act or this section for provision requiring Board to

insure compliance with the standards prescribed by General Services

Administration, Department of Defense, and Department of Housing

and Urban Development pursuant to Architectural Barriers Act of

1968.

Subsec. (b)(2). Pub. L. 95-602, Sec. 118(b)(2), inserted

"communication," before "and attitudinal" and "telecommunication

devices," before "public buildings".

Subsec. (b)(7), (8). Pub. L. 95-602, Sec. 118(b)(3), added pars.

(7) and (8).

Subsec. (d). Pub. L. 95-602, Sec. 118(c), designated existing

provision as par. (1), substituted "public or private nonprofit

organizations or contracts with private nonprofit or forprofit

organizations" for "or contracts with public or private nonprofit

organizations", "Except as provided in paragraph (3) of subsection

(e) of this section, provisions" for "The provisions", "building or

public conveyance or rolling stock found" for "building found", and

"enforced under this section" for "prescribed pursuant to the Acts

cited in subsection (b) of this section", inserted provision

permitting a complainant or participant in a proceeding under this

subsection to obtain review of a final order pursuant to chapter 7

of title 5, and added pars. (2) and (3).

Subsec. (e). Pub. L. 95-602, Sec. 118(d), designated existing

provisions as par. (1) and added pars. (2) and (3).

Pub. L. 95-251 substituted "administrative law judges" for

"hearing examiners" wherever appearing. Such substitution was made

in pars. (2) and (3) as the probable intent of Congress in view of

the amendment to subsec. (e) by section 2(a)(8) of Pub. L. 95-251

(although prior in time to the amendment by Pub. L. 95-602)

requiring such substitution wherever appearing in text.

Subsec. (h). Pub. L. 95-602, Sec. 118(e), added subsec. (h).

Former subsec. (h), which authorized appropriations for carrying

out duties and functions of the Board of $1,000,000 for each of

fiscal years ending June 30, 1974, and June 30, 1975, $1,500,000

for fiscal year ending June 30, 1976, and $1,500,000 for each of

fiscal years ending Sept. 30, 1977 and Sept. 30, 1978, was struck

out.

Subsec. (i). Pub. L. 95-602, Sec. 118(e), added subsec. (i).

1976 - Subsec. (h). Pub. L. 94-230, Sec. 10, authorized

appropriation of $1,500,000 for fiscal year ending Sept. 30, 1977.

Pub. L. 94-230, Sec. 11(b)(13), authorized appropriation of

$1,500,000 for fiscal year ending Sept. 30, 1978.

1974 - Subsec. (a). Pub. L. 93-516, Sec. 111(n), redesignated

cls. (6), (7), and (8), as cls. (7), (8), and (9), added cl. (6),

and following designated clauses, inserted provisions that

Secretary of Health, Education, and Welfare shall be Chairman of

Board, and that Board shall appoint, upon recommendation of

Secretary, a Consumer Advisory Panel, a majority of members of

which shall be handicapped individuals, to provide guidance,

advice, and recommendations to Board in carrying out its functions.

Pub. L. 93-651, Sec. 111(n), amended subsec. (a) in exactly the

same manner as it was amended by Pub. L. 93-516.

Subsec. (d). Pub. L. 93-516, Sec. 111(o), substituted "this

chapter, the Board shall, directly or through grants to or

contracts with public or private nonprofit organizations, carrying

out its functions under subsections (b) and (c) of this section,

and shall conduct" for "this section, the Board shall conduct", and

inserted provisions that any such order affecting any Federal

department, agency, or instrumentality of the United States shall

be final and binding on such department, agency, or

instrumentality, and that an order of compliance may include the

withholding or suspension of Federal funds with respect to any

building found not to be in compliance with standards prescribed

pursuant to the Acts referred to in subsec. (b) of this section.

Pub. L. 93-651, 111(o), amended subsec. (d) in exactly the same

manner as it was amended by Pub. L. 93-516.

Subsec. (e). Pub. L. 93-516, Sec. 111(p), inserted provisions

relating to appointment of an executive director and other

professional and clerical personnel.

Pub. L. 93-651, Sec. 111(p), amended subsec. (e) in exactly the

same manner as it was amended by Pub. L. 93-516.

Subsec. (g). Pub. L. 93-516, Sec. 111(q), substituted "not later

than September 30, 1975" for "prior to January 1, 1975".

Pub. L. 93-651, Sec. 111(q), amended subsec. (g) in exactly the

same manner as it was amended by Pub. L. 93-516.

Subsec. (h). Pub. L. 93-516, Sec. 110, authorized appropriation

of $1,500,000 for fiscal year ending June 30, 1976.

Pub. L. 93-651, Sec. 110, amended subsec. (h) in exactly the same

manner as it was amended by Pub. L. 93-516.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section

1393(a) of Pub. L. 96-374, set out as a note under section 1001 of

Title 20, Education.

EXTENSION OF VOCATIONAL REHABILITATION PROGRAMS THROUGH FISCAL YEAR

ENDING SEPTEMBER 30, 1978; EFFECTIVE DATE OF 1976 AMENDMENT

For contingency provisions relating to the extensions of program

authorizations and to the effective date of such extensions, see

section 11(a), (b)(1), and (c) of Pub. L. 94-230, set out as a note

under section 720 of this title.

TERMINATION OF ADVISORY PANELS

Advisory panels established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a panel

established by the President or an officer of the Federal

Government, such panel is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a panel

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 794b, 794d of this title;

title 42 sections 12185, 15344, 15361; title 49 section 40103.

-FOOTNOTE-

(!1) So in original. Probably should be "Access Board".

(!2) So in original. Probably should not be capitalized.

-End-

-CITE-

29 USC Sec. 793 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 793. Employment under Federal contracts

-STATUTE-

(a) Amount of contracts or subcontracts; provision for employment

and advancement of qualified individuals with disabilities;

regulations

Any contract in excess of $10,000 entered into by any Federal

department or agency for the procurement of personal property and

nonpersonal services (including construction) for the United States

shall contain a provision requiring that the party contracting with

the United States shall take affirmative action to employ and

advance in employment qualified individuals with disabilities. The

provisions of this section shall apply to any subcontract in excess

of $10,000 entered into by a prime contractor in carrying out any

contract for the procurement of personal property and nonpersonal

services (including construction) for the United States. The

President shall implement the provisions of this section by

promulgating regulations within ninety days after September 26,

1973.

(b) Administrative enforcement; complaints; investigations;

departmental action

If any individual with a disability believes any contractor has

failed or refused to comply with the provisions of a contract with

the United States, relating to employment of individuals with

disabilities, such individual may file a complaint with the

Department of Labor. The Department shall promptly investigate such

complaint and shall take such action thereon as the facts and

circumstances warrant, consistent with the terms of such contract

and the laws and regulations applicable thereto.

(c) Waiver by President; national interest special circumstances

for waiver of particular agreements; waiver by Secretary of Labor

of affirmative action requirements

(1) The requirements of this section may be waived, in whole or

in part, by the President with respect to a particular contract or

subcontract, in accordance with guidelines set forth in regulations

which the President shall prescribe, when the President determines

that special circumstances in the national interest so require and

states in writing the reasons for such determination.

(2)(A) The Secretary of Labor may waive the requirements of the

affirmative action clause required by regulations promulgated under

subsection (a) of this section with respect to any of a prime

contractor's or subcontractor's facilities that are found to be in

all respects separate and distinct from activities of the prime

contractor or subcontractor related to the performance of the

contract or subcontract, if the Secretary of Labor also finds that

such a waiver will not interfere with or impede the effectuation of

this chapter.

(B) Such waivers shall be considered only upon the request of the

contractor or subcontractor. The Secretary of Labor shall

promulgate regulations that set forth the standards used for

granting such a waiver.

(d) Standards used in determining violation of section

The standards used to determine whether this section has been

violated in a complaint alleging nonaffirmative action employment

discrimination under this section shall be the standards applied

under title I of the Americans with Disabilities Act of 1990 (42

U.S.C. 12111 et seq.) and the provisions of sections 501 through

504, and 510, of the Americans with Disabilities Act of 1990 (42

U.S.C. 12201-12204 and 12210), as such sections relate to

employment.

(e) Avoidance of duplicative efforts and inconsistencies

The Secretary shall develop procedures to ensure that

administrative complaints filed under this section and under the

Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.]

are dealt with in a manner that avoids duplication of effort and

prevents imposition of inconsistent or conflicting standards for

the same requirements under this section and the Americans with

Disabilities Act of 1990.

-SOURCE-

(Pub. L. 93-112, title V, Sec. 503, Sept. 26, 1973, 87 Stat. 393;

Pub. L. 95-602, title I, Sec. 122(d)(1), Nov. 6, 1978, 92 Stat.

2987; Pub. L. 99-506, title I, Sec. 103(d)(2)(B), (C), title X,

Secs. 1001(f)(2), (3), 1002(e)(3), Oct. 21, 1986, 100 Stat. 1810,

1843, 1844; Pub. L. 100-630, title II, Sec. 206(c), Nov. 7, 1988,

102 Stat. 3312; Pub. L. 102-569, title I, Sec. 102(p)(31), title V,

Sec. 505, Oct. 29, 1992, 106 Stat. 4360, 4427.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsecs. (d) and (e), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.

Title I of the Act is classified generally to subchapter I (Sec.

12111 et seq.) of chapter 126 of Title 42. For complete

classification of this Act to the Code, see Short Title note set

out under section 12101 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-569, Secs. 102(p)(31)(A), 505(a),

substituted "$10,000" for "$2,500" in two places, struck out ", in

employing persons to carry out such contract," after "contain a

provision requiring that", and substituted "individuals with

disabilities" for "individuals with handicaps as defined in section

706(8) of this title".

Subsec. (b). Pub. L. 102-569, Sec. 102(p)(31)(B), substituted

"individual with a disability" for "individual with handicaps" and

"individuals with disabilities" for "individuals with handicaps".

Subsec. (c). Pub. L. 102-569, Sec. 505(b), designated existing

provisions as par. (1) and added par. (2).

Subsecs. (d), (e). Pub. L. 102-569, Sec. 505(c), added subsecs.

(d) and (e).

1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(c)(1), inserted a

comma after "to carry out such contract".

Subsec. (b). Pub. L. 100-630, Sec. 206(c)(2), substituted

"refused" for "refuses".

Subsec. (c). Pub. L. 100-630, Sec. 206(c)(3), substituted "which

the President" for "which The President" and "when the President"

for "when The President".

1986 - Subsec. (a). Pub. L. 99-506, Secs. 103(d)(2)(C),

1002(e)(3), substituted "individuals with handicaps" for

"handicapped individuals" and "section 706(8) of this title" for

"section 706(7) of this title".

Subsec. (b). Pub. L. 99-506, Secs. 103(d)(2)(B), (C), 1001(f)(2),

substituted "individual with handicaps" for "handicapped

individual", "individuals with handicaps" for "handicapped

individuals", and "a contract" for "his contract".

Subsec. (c). Pub. L. 99-506, Sec. 1001(f)(3), substituted "The

President" for "he" in two places and substituted "the reasons" for

"his reasons".

1978 - Subsec. (a). Pub. L. 95-602 substituted "section 706(7) of

this title" for "section 706(6) of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 721, 794d, 796c,

796f-4 of this title.

-End-

-CITE-

29 USC Sec. 794 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 794. Nondiscrimination under Federal grants and programs

-STATUTE-

(a) Promulgation of rules and regulations

No otherwise qualified individual with a disability in the United

States, as defined in section 705(20) of this title, shall, solely

by reason of her or his disability, be excluded from the

participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity receiving Federal

financial assistance or under any program or activity conducted by

any Executive agency or by the United States Postal Service. The

head of each such agency shall promulgate such regulations as may

be necessary to carry out the amendments to this section made by

the Rehabilitation, Comprehensive Services, and Developmental

Disabilities Act of 1978. Copies of any proposed regulation shall

be submitted to appropriate authorizing committees of the Congress,

and such regulation may take effect no earlier than the thirtieth

day after the date on which such regulation is so submitted to such

committees.

(b) "Program or activity" defined

For the purposes of this section, the term "program or activity"

means all of the operations of -

(1)(A) a department, agency, special purpose district, or other

instrumentality of a State or of a local government; or

(B) the entity of such State or local government that

distributes such assistance and each such department or agency

(and each other State or local government entity) to which the

assistance is extended, in the case of assistance to a State or

local government;

(2)(A) a college, university, or other postsecondary

institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 7801 of

title 20), system of vocational education, or other school

system;

(3)(A) an entire corporation, partnership, or other private

organization, or an entire sole proprietorship -

(i) if assistance is extended to such corporation,

partnership, private organization, or sole proprietorship as a

whole; or

(ii) which is principally engaged in the business of

providing education, health care, housing, social services, or

parks and recreation; or

(B) the entire plant or other comparable, geographically

separate facility to which Federal financial assistance is

extended, in the case of any other corporation, partnership,

private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the

entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance.

(c) Significant structural alterations by small providers

Small providers are not required by subsection (a) of this

section to make significant structural alterations to their

existing facilities for the purpose of assuring program

accessibility, if alternative means of providing the services are

available. The terms used in this subsection shall be construed

with reference to the regulations existing on March 22, 1988.

(d) Standards used in determining violation of section

The standards used to determine whether this section has been

violated in a complaint alleging employment discrimination under

this section shall be the standards applied under title I of the

Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)

and the provisions of sections 501 through 504, and 510, of the

Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and

12210), as such sections relate to employment.

-SOURCE-

(Pub. L. 93-112, title V, Sec. 504, Sept. 26, 1973, 87 Stat. 394;

Pub. L. 95-602, title I, Secs. 119, 122(d)(2), Nov. 6, 1978, 92

Stat. 2982, 2987; Pub. L. 99-506, title I, Sec. 103(d)(2)(B), title

X, Sec. 1002(e)(4), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L.

100-259, Sec. 4, Mar. 22, 1988, 102 Stat. 29; Pub. L. 100-630,

title II, Sec. 206(d), Nov. 7, 1988, 102 Stat. 3312; Pub. L.

102-569, title I, Sec. 102(p)(32), title V, Sec. 506, Oct. 29,

1992, 106 Stat. 4360, 4428; Pub. L. 103-382, title III, Sec.

394(i)(2), Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105-220, title

IV, Sec. 408(a)(3), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 107-110,

title X, Sec. 1076(u)(2), Jan. 8, 2002, 115 Stat. 2093.)

-REFTEXT-

REFERENCES IN TEXT

The amendments to this section made by the Rehabilitation,

Comprehensive Services, and Developmental Disabilities Act of 1978,

referred to in subsec. (a), mean the amendments made by Pub. L.

95-602. See 1978 Amendments note below.

The Americans with Disabilities Act of 1990, referred to in

subsec. (d), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as

amended. Title I of the Act is classified generally to subchapter I

(Sec. 12111 et seq.) of chapter 126 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 12101 of Title 42 and

Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2)(B). Pub. L. 107-110 substituted "section

7801 of title 20" for "section 8801 of title 20".

1998 - Subsec. (a). Pub. L. 105-220 substituted "section 705(20)"

for "section 706(8)".

1994 - Subsec. (b)(2)(B). Pub. L. 103-382 substituted "section

8801 of title 20" for "section 2891(12) of title 20".

1992 - Subsec. (a). Pub. L. 102-569, Sec. 102(p)(32), substituted

"a disability" for "handicaps" and "disability" for "handicap" in

first sentence.

Subsec. (d). Pub. L. 102-569, Sec. 506, added subsec. (d).

1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(d)(1), substituted

"her or his handicap" for "his handicap".

Pub. L. 100-259, Sec. 4(1), designated existing provisions as

subsec. (a).

Subsec. (b). Pub. L. 100-259, Sec. 4(2), added subsec. (b).

Subsec. (b)(2)(B). Pub. L. 100-630, Sec. 206(d)(2), substituted

"section 2891(12) of title 20" for "section 2854(a)(10) of title

20".

Subsec. (c). Pub. L. 100-259, Sec. 4(2), added subsec. (c).

1986 - Pub. L. 99-506 substituted "individual with handicaps" for

"handicapped individual" and "section 706(8) of this title" for

"section 706(7) of this title".

1978 - Pub. L. 95-602 substituted "section 706(7) of this title"

for "section 706(6) of this title" and inserted provision

prohibiting discrimination under any program or activity conducted

by any Executive agency or by the United States Postal Service and

requiring the heads of these agencies to promulgate regulations

prohibiting discrimination.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

EXCLUSION FROM COVERAGE

Amendment by Pub. L. 100-259 not to be construed to extend

application of this chapter to ultimate beneficiaries of Federal

financial assistance excluded from coverage before Mar. 22, 1988,

see section 7 of Pub. L. 100-259, set out as a Construction note

under section 1687 of Title 20, Education.

ABORTION NEUTRALITY

Amendment by Pub. L. 100-259 not to be construed to force or

require any individual or hospital or any other institution,

program, or activity receiving Federal funds to perform or pay for

an abortion, see section 8 of Pub. L. 100-259, set out as a note

under section 1688 of Title 20, Education.

CONSTRUCTION OF PROHIBITION AGAINST DISCRIMINATION UNDER FEDERAL

GRANTS

Rights or protections of this section not affected by any

provision of Pub. L. 98-457, see section 127 of Pub. L. 98-457, set

out as a note under section 5101 of Title 42, The Public Health and

Welfare.

COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS

For provisions relating to the coordination of implementation and

enforcement of the provisions of this section by the Attorney

General, see section 1-201 of Ex. Ord. No. 12250, Nov. 2, 1980, 45

F.R. 72995, set out as a note under section 2000d-1 of Title 42,

The Public Health and Welfare.

-EXEC-

EXECUTIVE ORDER NO. 11914

Ex. Ord. No. 11914, Apr. 28, 1976, 41 F.R. 17871, which related

to nondiscrimination in federally assisted programs, was revoked by

Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note

under section 2000d-1 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 721, 772, 794a,

794d, 2618, 2938, 3011 of this title; title 5 section 3102; title 7

section 2279d; title 12 section 1715z-1a; title 16 sections

410aaa-41, 410aaa-52; title 20 sections 1140c, 1231e, 1232e, 2415,

7221i; title 25 section 2005; title 42 sections 290cc-33, 300w-7,

300x-57, 608, 708, 1437c-1, 1437aaa-1, 1437aaa-2, 1760, 1786,

2000d-7, 3608, 3796gg-7, 5057, 5309, 6727, 8625, 9849, 9918, 10406,

11386, 11394, 12134, 12142, 12143, 12144, 12146, 12147, 12148,

12162, 12635, 12832, 12872, 12873, 12892, 12893, 12899b, 12899c,

13603; title 49 section 5310.

-End-

-CITE-

29 USC Sec. 794a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 794a. Remedies and attorney fees

-STATUTE-

(a)(1) The remedies, procedures, and rights set forth in section

717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including

the application of sections 706(f) through 706(k) (42 U.S.C.

2000e-5(f) through (k)), shall be available, with respect to any

complaint under section 791 of this title, to any employee or

applicant for employment aggrieved by the final disposition of such

complaint, or by the failure to take final action on such

complaint. In fashioning an equitable or affirmative action remedy

under such section, a court may take into account the

reasonableness of the cost of any necessary work place

accommodation, and the availability of alternatives therefor or

other appropriate relief in order to achieve an equitable and

appropriate remedy.

(2) The remedies, procedures, and rights set forth in title VI of

the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] shall be

available to any person aggrieved by any act or failure to act by

any recipient of Federal assistance or Federal provider of such

assistance under section 794 of this title.

(b) In any action or proceeding to enforce or charge a violation

of a provision of this subchapter, the court, in its discretion,

may allow the prevailing party, other than the United States, a

reasonable attorney's fee as part of the costs.

-SOURCE-

(Pub. L. 93-112, title V, Sec. 505, as added Pub. L. 95-602, title

I, Sec. 120(a), Nov. 6, 1978, 92 Stat. 2982.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (a)(2), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Civil Rights Act of 1964 is classified generally to subchapter

V (Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 2000a of Title 42 and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 794d of this title; title

2 section 1311; title 3 section 411; title 22 section 3905; title

42 sections 1981a, 10406, 12133.

-End-

-CITE-

29 USC Sec. 794b 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 794b. Removal of architectural, transportation, or

communication barriers; technical and financial assistance;

compensation of experts or consultants; authorization of

appropriations

-STATUTE-

(a) The Secretary may provide directly or by contract with State

vocational rehabilitation agencies or experts or consultants or

groups thereof, technical assistance -

(1) to persons operating community rehabilitation programs; and

(2) with the concurrence of the Access Board established by

section 792 of this title, to any public or nonprofit agency,

institution, or organization;

for the purpose of assisting such persons or entities in removing

architectural, transportation, or communication barriers. Any

concurrence of the Access Board under paragraph (2) shall reflect

its consideration of cost studies carried out by States.

(b) Any such experts or consultants, while serving pursuant to

such contracts, shall be entitled to receive compensation at rates

fixed by the Secretary, but not exceeding the daily equivalent of

the rate of pay for level 4 of the Senior Executive Service

Schedule under section 5382 of title 5, including travel time, and

while so serving away from their homes or regular places of

business, they may be allowed travel expenses, including per diem

in lieu of subsistence, as authorized by section 5703 of title 5

for persons in the Government service employed intermittently.

(c) The Secretary, with the concurrence of the Access Board and

the President, may provide, directly or by contract, financial

assistance to any public or nonprofit agency, institution, or

organization for the purpose of removing architectural,

transportation, and communication barriers. No assistance may be

provided under this subsection until a study demonstrating the need

for such assistance has been conducted and submitted under section

792(i)(1) of this title.

(d) In order to carry out this section, there are authorized to

be appropriated such sums as may be necessary.

-SOURCE-

(Pub. L. 93-112, title V, Sec. 506, as added Pub. L. 95-602, title

I, Sec. 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L.

100-630, title II, Sec. 206(e), Nov. 7, 1988, 102 Stat. 3312; Pub.

L. 102-569, title V, Sec. 507, Oct. 29, 1992, 106 Stat. 4428; Pub.

L. 105-220, title IV, Sec. 408(a)(4), Aug. 7, 1998, 112 Stat. 1203;

Pub. L. 105-394, title II, Sec. 203(b), Nov. 13, 1998, 112 Stat.

3653.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-220, Sec. 408(a)(4)(A), in

concluding provisions, inserted last sentence and struck out former

last sentence which read as follows: "Any concurrence of the Access

Board under this paragraph shall reflect its consideration of the

cost studies carried out by States under section 792(c)(1) of this

title."

Subsec. (c). Pub. L. 105-394 substituted "792(i)(1)" for

"792(h)(1)".

Pub. L. 105-220, Sec. 408(a)(4)(B), substituted "provided under

this subsection" for "provided under this paragraph".

1992 - Subsec. (a). Pub. L. 102-569, Sec. 507(a), (b),

substituted "community rehabilitation programs" for "rehabilitation

facilities" in par. (1) and inserted "Access" before "Board" in

par. (2) and concluding provisions.

Subsec. (b). Pub. L. 102-569, Sec. 507(c), substituted "the rate

of pay for level 4 of the Senior Executive Service Schedule under

section 5382" for "the rate of basic pay payable for grade GS-18 of

the General Schedule, under section 5332".

Subsec. (c). Pub. L. 102-569, Sec. 507(a), (d), inserted "Access"

before "Board" and substituted "792(h)(1)" for "792(h)(2)".

1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(e)(1), (2),

redesignated former par. (1) as subsec. (a) and former subpars. (A)

and (B) as pars. (1) and (2), respectively.

Subsec. (b). Pub. L. 100-630, Sec. 206(e)(1), (3), redesignated

former par. (2) as subsec. (b) and substituted "travel time" for

"traveltime".

Subsec. (c). Pub. L. 100-630, Sec. 206(e)(1), (4), redesignated

former par. (3) as subsec. (c) and inserted a comma after "the

President".

Subsec. (d). Pub. L. 100-630, Sec. 206(e)(1), redesignated former

par. (4) as subsec. (d).

-End-

-CITE-

29 USC Sec. 794c 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 794c. Interagency Disability Coordinating Council

-STATUTE-

(a) Establishment

There is hereby established an Interagency Disability

Coordinating Council (hereafter in this section referred to as the

"Council") composed of the Secretary of Education, the Secretary of

Health and Human Services, the Secretary of Labor, the Secretary of

Housing and Urban Development, the Secretary of Transportation, the

Assistant Secretary of the Interior for Indian Affairs, the

Attorney General, the Director of the Office of Personnel

Management, the Chairperson of the Equal Employment Opportunity

Commission, the Chairperson of the Architectural and Transportation

Barriers Compliance Board, and such other officials as may be

designated by the President.

(b) Duties

The Council shall -

(1) have the responsibility for developing and implementing

agreements, policies, and practices designed to maximize effort,

promote efficiency, and eliminate conflict, competition,

duplication, and inconsistencies among the operations, functions,

and jurisdictions of the various departments, agencies, and

branches of the Federal Government responsible for the

implementation and enforcement of the provisions of this

subchapter, and the regulations prescribed thereunder;

(2) be responsible for developing and implementing agreements,

policies, and practices designed to coordinate operations,

functions, and jurisdictions of the various departments and

agencies of the Federal Government responsible for promoting the

full integration into society, independence, and productivity of

individuals with disabilities; and

(3) carry out such studies and other activities, subject to the

availability of resources, with advice from the National Council

on Disability, in order to identify methods for overcoming

barriers to integration into society, independence, and

productivity of individuals with disabilities.

(c) Report

On or before July 1 of each year, the Interagency Disability

Coordinating Council shall prepare and submit to the President and

to the Congress a report of the activities of the Council designed

to promote and meet the employment needs of individuals with

disabilities, together with such recommendations for legislative

and administrative changes as the Council concludes are desirable

to further promote this section, along with any comments submitted

by the National Council on Disability as to the effectiveness of

such activities and recommendations in meeting the needs of

individuals with disabilities. Nothing in this section shall impair

any responsibilities assigned by any Executive order to any Federal

department, agency, or instrumentality to act as a lead Federal

agency with respect to any provisions of this subchapter.

-SOURCE-

(Pub. L. 93-112, title V, Sec. 507, as added Pub. L. 95-602, title

I, Sec. 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L. 96-88,

title V, Sec. 508(m)(2), Oct. 17, 1979, 93 Stat. 694; Pub. L.

98-221, title I, Sec. 104(b)(4), Feb. 22, 1984, 98 Stat. 18; Pub.

L. 99-506, title VI, Sec. 602, title X, Sec. 1001(f)(4), Oct. 21,

1986, 100 Stat. 1830, 1843; Pub. L. 102-569, title V, Sec. 508(a),

Oct. 29, 1992, 106 Stat. 4429.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-569 amended section generally, changing

Council name from Interagency Coordinating Council to Interagency

Disability Coordinating Council, including as members Secretary of

Housing and Urban Development, Secretary of Transportation, and

such other officials as designated by the President, requiring

Council to be responsible for developing and implementing policies

and practices to eliminate inconsistencies among Federal

departments and agencies responsible for enforcement of provisions

of this subchapter and to carry out such studies and other

activities, with advice from the National Council on Disability, to

identify methods for overcoming barriers to integration into

society, independence, and productivity of individuals with

disabilities, and directing in annual report inclusion of any

comments submitted by National Council on Disability as to

effectiveness of activities and recommendations in meeting needs of

individuals with disabilities.

1986 - Pub. L. 99-506, Sec. 602, inserted reference to Assistant

Secretary of the Interior for Indian Affairs.

Pub. L. 99-506, Sec. 1001(f)(4), which directed the substitution

of "Chairperson" for "Chairman" was executed by substituting

"Chairperson of the Architectural and Transportation Barriers

Compliance Board" for "Chairman of the Architectural and

Transportation Barriers Compliance Board" to reflect the probable

intent of Congress.

1984 - Pub. L. 98-221 substituted "Chairman of the Office of

Personnel Management" for "Chairman of the United States Civil

Service Commission" and purported to substitute "Secretary of

Education, the Secretary of Health and Human Services," for

"Secretary of Health, Education, and Welfare" which amendment could

not be executed in view of the previous amendment by Pub. L. 96-88.

See 1979 Amendment note below.

1979 - Pub. L. 96-88 substituted requirement that the Secretaries

of Education and Health and Human Services be members of the

Council for requirement that the Secretary of Health, Education,

and Welfare be a member.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-88 effective May 4, 1980, with specified

exceptions, see section 601 of Pub. L. 96-88, set out as an

Effective Date note under section 3401 of Title 20, Education.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(c) of this section relating to requirement that the Council submit

an annual report of activities to Congress, see section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance, and page 175 of House Document No.

103-7.

-End-

-CITE-

29 USC Sec. 794d 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 794d. Electronic and information technology

-STATUTE-

(a) Requirements for Federal departments and agencies

(1) Accessibility

(A) Development, procurement, maintenance, or use of electronic

and information technology

When developing, procuring, maintaining, or using electronic

and information technology, each Federal department or agency,

including the United States Postal Service, shall ensure,

unless an undue burden would be imposed on the department or

agency, that the electronic and information technology allows,

regardless of the type of medium of the technology -

(i) individuals with disabilities who are Federal employees

to have access to and use of information and data that is

comparable to the access to and use of the information and

data by Federal employees who are not individuals with

disabilities; and

(ii) individuals with disabilities who are members of the

public seeking information or services from a Federal

department or agency to have access to and use of information

and data that is comparable to the access to and use of the

information and data by such members of the public who are

not individuals with disabilities.

(B) Alternative means efforts

When development, procurement, maintenance, or use of

electronic and information technology that meets the standards

published by the Access Board under paragraph (2) would impose

an undue burden, the Federal department or agency shall provide

individuals with disabilities covered by paragraph (1) with the

information and data involved by an alternative means of access

that allows the individual to use the information and data.

(2) Electronic and information technology standards

(A) In general

Not later than 18 months after August 7, 1998, the

Architectural and Transportation Barriers Compliance Board

(referred to in this section as the "Access Board"), after

consultation with the Secretary of Education, the Administrator

of General Services, the Secretary of Commerce, the Chairman of

the Federal Communications Commission, the Secretary of

Defense, and the head of any other Federal department or agency

that the Access Board determines to be appropriate, including

consultation on relevant research findings, and after

consultation with the electronic and information technology

industry and appropriate public or nonprofit agencies or

organizations, including organizations representing individuals

with disabilities, shall issue and publish standards setting

forth -

(i) for purposes of this section, a definition of

electronic and information technology that is consistent with

the definition of information technology specified in section

11101(6) of title 40; and

(ii) the technical and functional performance criteria

necessary to implement the requirements set forth in

paragraph (1).

(B) Review and amendment

The Access Board shall periodically review and, as

appropriate, amend the standards required under subparagraph

(A) to reflect technological advances or changes in electronic

and information technology.

(3) Incorporation of standards

Not later than 6 months after the Access Board publishes the

standards required under paragraph (2), the Federal Acquisition

Regulatory Council shall revise the Federal Acquisition

Regulation and each Federal department or agency shall revise the

Federal procurement policies and directives under the control of

the department or agency to incorporate those standards. Not

later than 6 months after the Access Board revises any standards

required under paragraph (2), the Council shall revise the

Federal Acquisition Regulation and each appropriate Federal

department or agency shall revise the procurement policies and

directives, as necessary, to incorporate the revisions.

(4) Acquisition planning

In the event that a Federal department or agency determines

that compliance with the standards issued by the Access Board

under paragraph (2) relating to procurement imposes an undue

burden, the documentation by the department or agency supporting

the procurement shall explain why compliance creates an undue

burden.

(5) Exemption for national security systems

This section shall not apply to national security systems, as

that term is defined in section 11103(a) of title 40.

(6) Construction

(A) Equipment

In a case in which the Federal Government provides access to

the public to information or data through electronic and

information technology, nothing in this section shall be

construed to require a Federal department or agency -

(i) to make equipment owned by the Federal Government

available for access and use by individuals with disabilities

covered by paragraph (1) at a location other than that where

the electronic and information technology is provided to the

public; or

(ii) to purchase equipment for access and use by

individuals with disabilities covered by paragraph (1) at a

location other than that where the electronic and information

technology is provided to the public.

(B) Software and peripheral devices

Except as required to comply with standards issued by the

Access Board under paragraph (2), nothing in paragraph (1)

requires the installation of specific accessibility-related

software or the attachment of a specific accessibility-related

peripheral device at a workstation of a Federal employee who is

not an individual with a disability.

(b) Technical assistance

The Administrator of General Services and the Access Board shall

provide technical assistance to individuals and Federal departments

and agencies concerning the requirements of this section.

(c) Agency evaluations

Not later than 6 months after August 7, 1998, the head of each

Federal department or agency shall evaluate the extent to which the

electronic and information technology of the department or agency

is accessible to and usable by individuals with disabilities

described in subsection (a)(1) of this section, compared to the

access to and use of the technology by individuals described in

such subsection who are not individuals with disabilities, and

submit a report containing the evaluation to the Attorney General.

(d) Reports

(1) Interim report

Not later than 18 months after August 7, 1998, the Attorney

General shall prepare and submit to the President a report

containing information on and recommendations regarding the

extent to which the electronic and information technology of the

Federal Government is accessible to and usable by individuals

with disabilities described in subsection (a)(1) of this section.

(2) Biennial reports

Not later than 3 years after August 7, 1998, and every 2 years

thereafter, the Attorney General shall prepare and submit to the

President and Congress a report containing information on and

recommendations regarding the state of Federal department and

agency compliance with the requirements of this section,

including actions regarding individual complaints under

subsection (f) of this section.

(e) Cooperation

Each head of a Federal department or agency (including the Access

Board, the Equal Employment Opportunity Commission, and the General

Services Administration) shall provide to the Attorney General such

information as the Attorney General determines is necessary to

conduct the evaluations under subsection (c) of this section and

prepare the reports under subsection (d) of this section.

(f) Enforcement

(1) General

(A) Complaints

Effective 6 months after the date of publication by the

Access Board of final standards described in subsection (a)(2)

of this section, any individual with a disability may file a

complaint alleging that a Federal department or agency fails to

comply with subsection (a)(1) of this section in providing

electronic and information technology.

(B) Application

This subsection shall apply only to electronic and

information technology that is procured by a Federal department

or agency not less than 6 months after the date of publication

by the Access Board of final standards described in subsection

(a)(2) of this section.

(2) Administrative complaints

Complaints filed under paragraph (1) shall be filed with the

Federal department or agency alleged to be in noncompliance. The

Federal department or agency receiving the complaint shall apply

the complaint procedures established to implement section 794 of

this title for resolving allegations of discrimination in a

federally conducted program or activity.

(3) Civil actions

The remedies, procedures, and rights set forth in sections

794a(a)(2) and 794a(b) of this title shall be the remedies,

procedures, and rights available to any individual with a

disability filing a complaint under paragraph (1).

(g) Application to other Federal laws

This section shall not be construed to limit any right, remedy,

or procedure otherwise available under any provision of Federal law

(including sections 791 through 794a of this title) that provides

greater or equal protection for the rights of individuals with

disabilities than this section.

-SOURCE-

(Pub. L. 93-112, title V, Sec. 508, as added Pub. L. 99-506, title

VI, Sec. 603(a), Oct. 21, 1986, 100 Stat. 1830; amended Pub. L.

100-630, title II, Sec. 206(f), Nov. 7, 1988, 102 Stat. 3312; Pub.

L. 102-569, title V, Sec. 509(a), Oct. 29, 1992, 106 Stat. 4430;

Pub. L. 105-220, title IV, Sec. 408(b), Aug. 7, 1998, 112 Stat.

1203; Pub. L. 106-246, div. B, title II, Sec. 2405, July 13, 2000,

114 Stat. 555.)

-COD-

CODIFICATION

"Section 11101(6) of title 40" substituted in subsec.

(a)(2)(A)(i) for "section 5002(3) of the Clinger-Cohen Act of 1996

(40 U.S.C. 1401(3))" and "section 11103(a) of title 40" substituted

in subsec. (a)(5) for "section 5142 of the Clinger-Cohen Act of

1996 (40 U.S.C. 1452)" on authority of Pub. L. 107-217, Sec. 5(c),

Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted

Title 40, Public Buildings, Property, and Works.

-MISC1-

AMENDMENTS

2000 - Subsec. (f)(1)(A). Pub. L. 106-246, Sec. 2405(1),

substituted "Effective 6 months after the date of publication by

the Access Board of final standards described in subsection (a)(2)

of this section," for "Effective 2 years after August 7, 1998,".

Subsec. (f)(1)(B). Pub. L. 106-246, Sec. 2405(2), substituted "6

months after the date of publication by the Access Board of final

standards described in subsection (a)(2) of this section." for "2

years after August 7, 1998."

1998 - Pub. L. 105-220 amended section catchline and text

generally. Prior to amendment, text consisted of subsecs. (a) and

(b) relating to electronic and information technology accessibility

guidelines.

1992 - Pub. L. 102-569 amended section generally, substituting

present provisions for provisions relating to electronic equipment

accessibility guidelines, in consultation with electronic industry,

designed to insure individuals with handicaps use of electronic

office equipment with or without special peripherals, requiring the

Administrator of General Services to adopt guidelines for

electronic equipment accessibility established under this section

for Federal procurement of electronic equipment, and defining term

"special peripherals".

1988 - Subsec. (a)(1). Pub. L. 100-630, Sec. 206(f)(1), inserted

"the Director of" before "the National Institute", struck out "the"

before "General Services", and substituted "individuals with

handicaps" for "handicapped individuals".

Subsec. (a)(3). Pub. L. 100-630, Sec. 206(f)(2), inserted "by the

Director of the National Institute on Disability and Rehabilitation

Research and the Administrator of General Services in consultation

with the electronics industry and the Interagency Committee for

Computer Support of Handicapped Employees" after "revised".

Subsec. (c). Pub. L. 100-630, Sec. 206(f)(3), substituted "an

individual with handicaps" for "a handicapped individual".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 792 of this title; title

42 section 15024; title 44 section 3602.

-End-

-CITE-

29 USC Sec. 794e 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-

Sec. 794e. Protection and advocacy of individual rights

-STATUTE-

(a) Purpose and construction

(1) Purpose

The purpose of this section is to support a system in each

State to protect the legal and human rights of individuals with

disabilities who -

(A) need services that are beyond the scope of services

authorized to be provided by the client assistance program

under section 732 of this title; and

(B)(i) are ineligible for protection and advocacy programs

under subtitle C of the Developmental Disabilities Assistance

and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.]

because the individuals do not have a developmental disability,

as defined in section 102 of such Act [42 U.S.C. 15002]; and

(ii) are ineligible for services under the Protection and

Advocacy for Mentally Ill Individuals Act of 1986 (!1) (42

U.S.C. 10801 et seq.) because the individuals are not

individuals with mental illness, as defined in section 102 of

such Act (42 U.S.C. 10802).

(2) Construction

This section shall not be construed to require the provision of

protection and advocacy services that can be provided under the

Assistive Technology Act of 1998 [29 U.S.C. 3001 et seq.].

(b) Appropriations less than $5,500,000

For any fiscal year in which the amount appropriated to carry out

this section is less than $5,500,000, the Commissioner may make

grants from such amount to eligible systems within States to plan

for, develop outreach strategies for, and carry out protection and

advocacy programs authorized under this section for individuals

with disabilities who meet the requirements of subparagraphs (A)

and (B) of subsection (a)(1) of this section.

(c) Appropriations of $5,500,000 or more

(1) Reservations

(A) Technical assistance

For any fiscal year in which the amount appropriated to carry

out this section equals or exceeds $5,500,000, the Commissioner

shall set aside not less than 1.8 percent and not more than 2.2

percent of the amount to provide training and technical

assistance to the systems established under this section.

(B) Grant for the eligible system serving the American Indian

consortium

For any fiscal year in which the amount appropriated to carry

out this section equals or exceeds $10,500,000, the

Commissioner shall reserve a portion, and use the portion to

make a grant for the eligible system serving the American

Indian consortium. The Commission shall make the grant in an

amount of not less than $50,000 for the fiscal year.

(2) Allotments

For any such fiscal year, after the reservations required by

paragraph (1) have been made, the Commissioner shall make

allotments from the remainder of such amount in accordance with

paragraph (3) to eligible systems within States to enable such

systems to carry out protection and advocacy programs authorized

under this section for individuals referred to in subsection (b)

of this section.

(3) Systems within States

(A) Population basis

Except as provided in subparagraph (B), from such remainder

for each such fiscal year, the Commissioner shall make an

allotment to the eligible system within a State of an amount

bearing the same ratio to such remainder as the population of

the State bears to the population of all States.

(B) Minimums

Subject to the availability of appropriations to carry out

this section, and except as provided in paragraph (4), the

allotment to any system under subparagraph (A) shall be not

less than $100,000 or 1/3 of 1 percent of the remainder for

the fiscal year for which the allotment is made, whichever is

greater, and the allotment to any system under this section for

any fiscal year that is less than $100,000 or 1/3 of 1

percent of such remainder shall be increased to the greater of

the two amounts.

(4) Systems within other jurisdictions

(A) In general

For the purposes of paragraph (3)(B), Guam, American Samoa,

the United States Virgin Islands, and the Commonwealth of the

Northern Mariana Islands shall not be considered to be States.

(B) Allotment

The eligible system within a jurisdiction described in

subparagraph (A) shall be allotted under paragraph (3)(A) not

less than $50,000 for the fiscal year for which the allotment

is made.

(5) Adjustment for inflation

For any fiscal year, beginning in fiscal year 1999, in which

the total amount appropriated to carry out this section exceeds

the total amount appropriated to carry out this section for the

preceding fiscal year, the Commissioner shall increase each of

the minimum grants or allotments under paragraphs (1)(B), (3)(B),

and (4)(B) by a percentage that shall not exceed the percentage

increase in the total amount appropriated to carry out this

section between the preceding fiscal year and the fiscal year

involved.

(d) Proportional reduction

To provide minimum allotments to systems within States (as

increased under subsection (c)(5) of this section) under subsection

(c)(3)(B) of this section, or to provide minimum allotments to

systems within States (as increased under subsection (c)(5) of this

section) under subsection (c)(4)(B) of this section, the

Commissioner shall proportionately reduce the allotments of the

remaining systems within States under subsection (c)(3) of this

section, with such adjustments as may be necessary to prevent the

allotment of any such remaining system within a State from being

reduced to less than the minimum allotment for a system within a

State (as increased under subsection (c)(5) of this section) under

subsection (c)(3)(B) of this section, or the minimum allotment for

a State (as increased under subsection (c)(5) of this section)

under subsection (c)(4)(B) of this section, as appropriate.

(e) Reallotment

Whenever the Commissioner determines that any amount of an

allotment to a system within a State for any fiscal year described

in subsection (c)(1) of this section will not be expended by such

system in carrying out the provisions of this section, the

Commissioner shall make such amount available for carrying out the

provisions of this section to one or more of the systems that the

Commissioner determines will be able to use additional amounts

during such year for carrying out such provisions. Any amount made

available to a system for any fiscal year pursuant to the preceding

sentence shall, for the purposes of this section, be regarded as an

increase in the allotment of the system (as determined under the

preceding provisions of this section) for such year.

(f) Application

In order to receive assistance under this section, an eligible

system shall submit an application to the Commissioner, at such

time, in such form and manner, and containing such information and

assurances as the Commissioner determines necessary to meet the

requirements of this section, including assurances that the

eligible system will -

(1) have in effect a system to protect and advocate the rights

of individuals with disabilities;

(2) have the same general authorities, including access to

records and program income, as are set forth in subtitle C of the

Developmental Disabilities Assistance and Bill of Rights Act of

2000 [42 U.S.C. 15041 et seq.];

(3) have the authority to pursue legal, administrative, and

other appropriate remedies or approaches to ensure the protection

of, and advocacy for, the rights of such individuals within the

State or the American Indian consortium who are individuals

described in subsection (a)(1) of this section;

(4) provide information on and make referrals to programs and

services addressing the needs of individuals with disabilities in

the State or the American Indian consortium;

(5) develop a statement of objectives and priorities on an

annual basis, and provide to the public, including individuals

with disabilities and, as appropriate, the individuals'

representatives, an opportunity to comment on the objectives and

priorities established by, and activities of, the system

including -

(A) the objectives and priorities for the activities of the

system for each year and the rationale for the establishment of

such objectives and priorities; and

(B) the coordination of programs provided through the system

under this section with the advocacy programs of the client

assistance program under section 732 of this title, the State

long-term care ombudsman program established under the Older

Americans Act of 1965 (42 U.S.C. 3001 et seq.), the

Developmental Disabilities Assistance and Bill of Rights Act of

2000 [42 U.S.C. 15001 et seq.], and the Protection and Advocacy

for Mentally Ill Individuals Act of 1986 (!2) (42 U.S.C. 10801

et seq.);

(6) establish a grievance procedure for clients or prospective

clients of the system to ensure that individuals with

disabilities are afforded equal opportunity to access the

services of the system; and

(7) provide assurances to the Commissioner that funds made

available under this section will be used to supplement and not

supplant the non-Federal funds that would otherwise be made

available for the purpose for which Federal funds are provided.

(g) Carryover and direct payment

(1) Direct payment

Notwithstanding any other provision of law, the Commissioner

shall pay directly to any system that complies with the

provisions of this section, the amount of the allotment of the

State or the grant for the eligible system that serves the

American Indian consortium involved under this section, unless

the State or American Indian consortium provides otherwise.

(2) Carryover

Any amount paid to an eligible system that serves a State or

American Indian consortium for a fiscal year that remains

unobligated at the end of such year shall remain available to

such system that serves the State or American Indian consortium

for obligation during the next fiscal year for the purposes for

which such amount was paid.

(h) Limitation on disclosure requirements

For purposes of any audit, report, or evaluation of the

performance of the program established under this section, the

Commissioner shall not require such a program to disclose the

identity of, or any other personally identifiable information

related to, any individual requesting assistance under such

program.

(i) Administrative cost

In any State in which an eligible system is located within a

State agency, a State may use a portion of any allotment under

subsection (c) of this section for the cost of the administration

of the system required by this section. Such portion may not exceed

5 percent of the allotment.

(j) Delegation

The Commissioner may delegate the administration of this program

to the Commissioner of the Administration on Developmental

Disabilities within the Department of Health and Human Services.

(k) Report

The Commissioner shall annually prepare and submit to the

Committee on Education and the Workforce of the House of

Representatives and the Committee on Labor and Human Resources of

the Senate a report describing the types of services and activities

being undertaken by programs funded under this section, the total

number of individuals served under this section, the types of

disabilities represented by such individuals, and the types of

issues being addressed on behalf of such individuals.

(g742l) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of the fiscal years 1999

through 2003.

(m) Definitions

As used in this section:

(1) Eligible system

The term "eligible system" means a protection and advocacy

system that is established under subtitle C of the Developmental

Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C.

15041 et seq.] and that meets the requirements of subsection (f)

of this section.

(2) American Indian consortium

The term "American Indian consortium" means a consortium

established as described in section 142 (!2) of the Developmental

Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042).

-SOURCE-

(Pub. L. 93-112, title V, Sec. 509, as added Pub. L. 102-569, title

V, Sec. 510(a), Oct. 29, 1992, 106 Stat. 4430; amended Pub. L.

103-73, title I, Sec. 112(c), Aug. 11, 1993, 107 Stat. 727; Pub. L.

105-12, Sec. 9(n), Apr. 30, 1997, 111 Stat. 28; Pub. L. 105-220,

title IV, Sec. 408(c), Aug. 7, 1998, 112 Stat. 1206; Pub. L.

105-394, title IV, Sec. 402(c), Nov. 13, 1998, 112 Stat. 3662; Pub.

L. 106-402, title IV, Sec. 401(b)(3)(C), (D), Oct. 30, 2000, 114

Stat. 1738.)

-REFTEXT-

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsecs. (a)(1)(B)(i), (f)(2), (5)(B), and

(m)(1), is Pub. L. 106-402, Oct. 30, 2000, 114 Stat. 1677, which is

classified principally to chapter 144 (Sec. 15001 et seq.) of Title

42, The Public Health and Welfare. Subtitle C of the Act probably

means subtitle C of title I of the Act which is classified

generally to part C (Sec. 15041 et seq.) of subchapter I of chapter

144 of Title 42. For complete classification of this Act to the

Code, see Short Title note set out under section 15001 of Title 42

and Tables.

The Protection and Advocacy for Mentally Ill Individuals Act of

1986, referred to in subsecs. (a)(1)(B)(ii) and (f)(5)(B), was Pub.

L. 99-319, May 23, 1986, 100 Stat. 478, as amended. Pub. L. 99-319

was renamed the Protection and Advocacy for Individuals with Mental

Illness Act by Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a),

Oct. 17, 2000, 114 Stat. 1193, and is classified generally to

chapter 114 (Sec. 10801 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 10801 of Title 42 and

Tables.

The Assistive Technology Act of 1998, referred to in subsec.

(a)(2), is Pub. L. 105-394, Nov. 13, 1998, 112 Stat. 3627, which is

classified principally to chapter 31 (Sec. 3001 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3001 of this title and

Tables.

The Older Americans Act of 1965, referred to in subsec.

(f)(5)(B), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended, which is classified generally to chapter 35 (Sec. 3001 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 3001 of Title 42 and Tables.

Section 142 of the Developmental Disabilities Assistance and Bill

of Rights Act (42 U.S.C. 6042), referred to in subsec. (m)(2), was

repealed by Pub. L. 106-402, title IV, Sec. 401(a), Oct. 30, 2000,

114 Stat. 1737.

-MISC1-

AMENDMENTS

2000 - Subsecs. (a)(1)(B)(i), (f)(2). Pub. L. 106-402, Sec.

401(b)(3)(C), substituted "subtitle C of the Developmental

Disabilities Assistance and Bill of Rights Act of 2000" for "part C

of the Developmental Disabilities Assistance and Bill of Rights Act

(42 U.S.C. 6041 et seq.)".

Subsec. (f)(5)(B). Pub. L. 106-402, Sec. 401(b)(3)(D),

substituted "Developmental Disabilities Assistance and Bill of

Rights Act of 2000" for "Developmental Disabilities Assistance and

Bill of Rights Act (42 U.S.C. 6000 et seq.)".

Subsec. (m)(1). Pub. L. 106-402, Sec. 401(b)(3)(C), substituted

"subtitle C of the Developmental Disabilities Assistance and Bill

of Rights Act of 2000" for "part C of the Developmental

Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et

seq.)".

1998 - Pub. L. 105-220 amended section catchline and text

generally. Prior to amendment, text consisted of subsecs. (a) to

(n) relating to protection and advocacy of individual rights.

Subsec. (a)(2). Pub. L. 105-394 substituted "the Assistive

Technology Act of 1998" for "the Technology-Related Assistance for

Individuals With Disabilities Act of 1988 (42 U.S.C. 2201 et

seq.)".

1997 - Subsec. (f)(8). Pub. L. 105-12 added par. (8).

1993 - Subsec. (a)(1). Pub. L. 103-73, Sec. 112(c)(1), added par.

(1) and struck out former par. (1) which read as follows: "are

ineligible for client assistance programs under section 732 of this

title; and".

Subsec. (b). Pub. L. 103-73, Sec. 112(c)(2), added subsec. (b)

and struck out heading and text of former subsec. (b). Text read as

follows:

"(1) Allotments. - For any fiscal year in which the amount

appropriated to carry out this section is less than $5,500,000, the

Commissioner may make grants from such amount to eligible systems

within States to plan for, develop outreach strategies for, and

carry out protection and advocacy programs authorized under this

section for individuals with disabilities who meet the requirements

of paragraphs (1) and (2) of subsection (a) of this section.

"(2) Other jurisdictions. - For the purposes of this subsection,

Guam, American Samoa, the United States Virgin Islands, the

Commonwealth of the Northern Mariana Islands, and the Republic of

Palau shall not be considered to be States."

Subsec. (c)(4)(A). Pub. L. 103-73, Sec. 112(c)(3)(A)(i),

substituted "paragraph (3)(B)" for "this subsection".

Subsec. (c)(4)(B). Pub. L. 103-73, Sec. 112(c)(3)(A)(ii),

substituted "allotted under paragraph (3)(A)" for "allotted".

Subsec. (c)(5). Pub. L. 103-73, Sec. 112(c)(3)(B), added par. (5)

and struck out heading and text of former par. (5). Text read as

follows:

"(A) States. - For purposes of determining the minimum amount of

an allotment under paragraph (3)(B), the amount $100,000 shall, in

the case of such allotments for fiscal year 1994 and subsequent

fiscal years, be increased to the extent necessary to offset the

effects of inflation occurring since October 1992, as measured by

the percentage increase in the Consumer Price Index For All Urban

Consumers (U.S. city average) during the period ending on April 1

of the fiscal year preceding the fiscal year for which the

allotment is to be made.

"(B) Certain territories. - For purposes of determining the

minimum amount of an allotment under paragraph (4)(B), the amount

$50,000 shall, in the case of such allotments for fiscal year 1994

and subsequent fiscal years, be increased to the extent necessary

to offset the effects of inflation occurring since October 1992, as

measured by the percentage increase in the Consumer Price Index For

All Urban Consumers (U.S. city average) during the period ending on

April 1 of the fiscal year preceding the fiscal year for which the

allotment is to be made."

Subsec. (d). Pub. L. 103-73, Sec. 112(c)(4), added subsec. (d)

and struck out heading and text of former subsec. (d). Text read as

follows: "Amounts necessary to provide allotments to systems within

States in accordance with subsection (c)(3)(B) of this section as

increased under subsection (c)(5) of this section, or to provide

allotments in accordance with subsection (c)(4)(B) of this section

as increased in accordance with subsection (c)(5) of this section,

shall be derived by proportionately reducing the allotments of the

remaining systems within States under subsection (c)(3) of this

section, but with such adjustments as may be necessary to prevent

the allotment of any such remaining systems within States from

being thereby reduced to less than the greater of $100,000 or

one-third of one percent of the sums made available for purposes of

this section for the fiscal year for which the allotment is made,

as increased in accordance with subsection (c)(5) of this section."

Subsec. (i). Pub. L. 103-73, Sec. 112(c)(6), which directed the

amendment of this section "in subsection (i), to read as follows:

", was executed by adding subsec. (i). Former subsec. (i)

redesignated (n).

Subsec. (j). Pub. L. 103-73, Sec. 112(c)(7), added subsec. (j)

and struck out heading and text of former subsec. (j). Text read as

follows: "An eligible system may not use more than 5 percent of any

allotment under subsection (c) of this section for the cost of

administration of the system required by this section."

Subsec. (n). Pub. L. 103-73, Sec. 112(c)(5), redesignated subsec.

(i) as (n).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-12 effective Apr. 30, 1997, applicable

to Federal payments made pursuant to obligations incurred after

Apr. 30, 1997, for items and services provided on or after such

date, and also applicable with respect to contracts entered into,

renewed, or extended after Apr. 30, 1997, as well as contracts

entered into before Apr. 30, 1997, to the extent permitted under

such contracts, see section 11 of Pub. L. 105-12, set out as an

Effective Date note under section 14401 of Title 42, The Public

Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 716, 718, 3002 of this

title; title 42 section 14404; 15461.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

29 USC SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR

INDIVIDUALS WITH DISABILITIES 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

-HEAD-

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

-COD-

CODIFICATION

Title VI of the Rehabilitation Act of 1973, comprising this

subchapter, was originally added to Pub. L. 93-112 by Pub. L.

95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2989, and

amended by Pub. L. 98-221, Feb. 22, 1984, 98 Stat. 17; Pub. L.

99-506, Oct. 21, 1986, 100 Stat. 1807; Pub. L. 100-630, Nov. 7,

1988, 102 Stat. 3289; Pub. L. 102-52, June 6, 1991, 105 Stat. 260;

Pub. L. 102-119, Oct. 7, 1991, 105 Stat. 587; Pub. L. 102-569, Oct.

29, 1992, 106 Stat. 4344; Pub. L. 103-73, Aug. 11, 1993, 107 Stat.

718. Title VI is shown herein, however, as having been added by

Pub. L. 105-220, title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1210,

without reference to those intervening amendments because of the

extensive revision of title VI by Pub. L. 105-220.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 705, 718, 764 of this

title.

-End-

-CITE-

29 USC Part A - Projects With Industry 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part A - Projects With Industry

-HEAD-

PART A - PROJECTS WITH INDUSTRY

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 721 of this title.

-End-

-CITE-

29 USC Sec. 795 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part A - Projects With Industry

-HEAD-

Sec. 795. Projects With Industry

-STATUTE-

(a) Purpose; award of grants; eligibility; agreements; evaluation;

technical assistance

(1) The purpose of this part is to create and expand job and

career opportunities for individuals with disabilities in the

competitive labor market by engaging the talent and leadership of

private industry as partners in the rehabilitation process, to

identify competitive job and career opportunities and the skills

needed to perform such jobs, to create practical job and career

readiness and training programs, and to provide job placements and

career advancement.

(2) The Commissioner, in consultation with the Secretary of Labor

and with designated State units, may award grants to individual

employers, community rehabilitation program providers, labor

unions, trade associations, Indian tribes, tribal organizations,

designated State units, and other entities to establish jointly

financed Projects With Industry to create and expand job and career

opportunities for individuals with disabilities, which projects

shall -

(A) provide for the establishment of business advisory

councils, that shall -

(i) be comprised of -

(I) representatives of private industry, business concerns,

and organized labor;

(II) individuals with disabilities and representatives of

individuals with disabilities; and

(III) a representative of the appropriate designated State

unit;

(ii) identify job and career availability within the

community, consistent with the current and projected local

employment opportunities identified by the local workforce

investment board for the community under section 2833(b)(1)(B)

of this title;

(iii) identify the skills necessary to perform the jobs and

careers identified; and

(iv) prescribe training programs designed to develop

appropriate job and career skills, or job placement programs

designed to identify and develop job placement and career

advancement opportunities, for individuals with disabilities in

fields related to the job and career availability identified

under clause (ii);

(B) provide job development, job placement, and career

advancement services;

(C) to the extent appropriate, provide for -

(i) training in realistic work settings in order to prepare

individuals with disabilities for employment and career

advancement in the competitive market; and

(ii) to the extent practicable, the modification of any

facilities or equipment of the employer involved that are used

primarily by individuals with disabilities, except that a

project shall not be required to provide for such modification

if the modification is required as a reasonable accommodation

under the Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.); and

(D) provide individuals with disabilities with such support

services as may be required in order to maintain the employment

and career advancement for which the individuals have received

training under this part.

(3)(A) An individual shall be eligible for services described in

paragraph (2) if the individual is determined to be an individual

described in section 722(a)(1) of this title, and if the

determination is made in a manner consistent with section 722(a) of

this title.

(B) Such a determination may be made by the recipient of a grant

under this part, to the extent the determination is appropriate and

available and consistent with the requirements of section 722(a) of

this title.

(4) The Commissioner shall enter into an agreement with the grant

recipient regarding the establishment of the project. Any agreement

shall be jointly developed by the Commissioner, the grant

recipient, and, to the extent practicable, the appropriate

designated State unit and the individuals with disabilities (or the

individuals' representatives) involved. Such agreements shall

specify the terms of training and employment under the project,

provide for the payment by the Commissioner of part of the costs of

the project (in accordance with subsection (c) of this section),

and contain the items required under subsection (b) of this section

and such other provisions as the parties to the agreement consider

to be appropriate.

(5) Any agreement shall include a description of a plan to

annually conduct a review and evaluation of the operation of the

project in accordance with standards developed by the Commissioner

under subsection (d) of this section, and, in conducting the review

and evaluation, to collect data and information of the type

described in subparagraphs (A) through (C) of section 721(a)(10) of

this title, as determined to be appropriate by the Commissioner.

(6) The Commissioner may include, as part of agreements with

grant recipients, authority for such grant recipients to provide

technical assistance to -

(A) assist employers in hiring individuals with disabilities;

or

(B) improve or develop relationships between -

(i) grant recipients or prospective grant recipients; and

(ii) employers or organized labor; or

(C) assist employers in understanding and meeting the

requirements of the Americans with Disabilities Act of 1990 (42

U.S.C. 12101 et seq.) as the Act relates to employment of

individuals with disabilities.

(b) Requirements for payment

No payment shall be made by the Commissioner under any agreement

with a grant recipient entered into under subsection (a) of this

section unless such agreement -

(1) provides an assurance that individuals with disabilities

placed under such agreement shall receive at least the applicable

minimum wage;

(2) provides an assurance that any individual with a disability

placed under this part shall be afforded terms and benefits of

employment equal to terms and benefits that are afforded to the

similarly situated nondisabled co-workers of the individual, and

that such individuals with disabilities shall not be segregated

from their co-workers; and

(3) provides an assurance that an annual evaluation report

containing information specified under subsection (a)(5) of this

section shall be submitted as determined to be appropriate by the

Commissioner.

(c) Amount of payments

Payments under this section with respect to any project may not

exceed 80 per centum of the costs of the project.

(d) Standards for evaluation; recommendations

(1) The Commissioner shall develop standards for the evaluation

described in subsection (a)(5) of this section and shall review and

revise the evaluation standards as necessary, subject to paragraph

(2).

(2) In revising the standards for evaluation to be used by the

grant recipients, the Commissioner shall obtain and consider

recommendations for such standards from State vocational

rehabilitation agencies, current and former grant recipients,

professional organizations representing business and industry,

organizations representing individuals with disabilities,

individuals served by grant recipients, organizations representing

community rehabilitation program providers, and labor

organizations.

(e) Period of grant; renewal; award on competitive basis; equitable

distribution

(1)(A) A grant may be awarded under this section for a period of

up to 5 years and such grant may be renewed.

(B) Grants under this section shall be awarded on a competitive

basis. To be eligible to receive such a grant, a prospective grant

recipient shall submit an application to the Commissioner at such

time, in such manner, and containing such information as the

Commissioner may require.

(2) The Commissioner shall, to the extent practicable, ensure an

equitable distribution of payments made under this section among

the States. To the extent funds are available, the Commissioner

shall award grants under this section to new projects that will

serve individuals with disabilities in States, portions of States,

Indian tribes, or tribal organizations, that are currently unserved

or underserved by projects.

(f) Indicators for compliance with evaluation standards; annual

reports; onsite compliance reviews; analysis included in reports

to Congress

(1) The Commissioner shall, as necessary, develop and publish in

the Federal Register, in final form, indicators of what constitutes

minimum compliance consistent with the evaluation standards under

subsection (d)(1) of this section.

(2) Each grant recipient shall report to the Commissioner at the

end of each project year the extent to which the grant recipient is

in compliance with the evaluation standards.

(3)(A) The Commissioner shall annually conduct onsite compliance

reviews of at least 15 percent of grant recipients. The

Commissioner shall select grant recipients for review on a random

basis.

(B) The Commissioner shall use the indicators in determining

compliance with the evaluation standards.

(C) The Commissioner shall ensure that at least one member of a

team conducting such a review shall be an individual who -

(i) is not an employee of the Federal Government; and

(ii) has experience or expertise in conducting projects.

(D) The Commissioner shall ensure that -

(i) a representative of the appropriate designated State unit

shall participate in the review; and

(ii) no person shall participate in the review of a grant

recipient if -

(I) the grant recipient provides any direct financial benefit

to the reviewer; or

(II) participation in the review would give the appearance of

a conflict of interest.

(4) In making a determination concerning any subsequent grant

under this section, the Commissioner shall consider the past

performance of the applicant, if applicable. The Commissioner shall

use compliance indicators developed under this subsection that are

consistent with program evaluation standards developed under

subsection (d) of this section to assess minimum project

performance for purposes of making continuation awards in the

third, fourth, and fifth years.

(5) Each fiscal year the Commissioner shall include in the annual

report to Congress required by section 710 of this title an

analysis of the extent to which grant recipients have complied with

the evaluation standards. The Commissioner may identify individual

grant recipients in the analysis. In addition, the Commissioner

shall report the results of onsite compliance reviews, identifying

individual grant recipients.

(g) Technical assistance to entities conducting or planning

projects

The Commissioner may provide, directly or by way of grant,

contract, or cooperative agreement, technical assistance to -

(1) entities conducting projects for the purpose of assisting

such entities in -

(A) the improvement of or the development of relationships

with private industry or labor; or

(B) the improvement of relationships with State vocational

rehabilitation agencies; and

(2) entities planning the development of new projects.

(h) Definitions

As used in this section:

(1) The term "agreement" means an agreement described in

subsection (a)(4) of this section.

(2) The term "project" means a Project With Industry

established under subsection (a)(2) of this section.

(3) The term "grant recipient" means a recipient of a grant

under subsection (a)(2) of this section.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 611, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1210.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (a)(2)(C)(ii), (6)(C), is Pub. L. 101-336, July 26, 1990,

104 Stat. 327, as amended, which is classified principally to

chapter 126 (Sec. 12101 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 12101 of Title 42 and

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795g

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 795, Pub. L. 93-112, title VI, Sec. 611, as added

Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2989;

amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title X, Sec.

1002(f), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L. 102-569,

title I, Sec. 102(p)(36), title VI, Sec. 601, Oct. 29, 1992, 106

Stat. 4360, 4434, authorized community service employment pilot

programs for individuals with disabilities, prior to the general

amendment of this subchapter by Pub. L. 105-220.

SHORT TITLE

For short title of this subchapter as the "Employment

Opportunities for Individuals With Disabilities Act", see section

601 of Pub. L. 93-112, as amended, set out as a note under section

701 of this title.

-End-

-CITE-

29 USC Sec. 795a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part A - Projects With Industry

-HEAD-

Sec. 795a. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out the

provisions of this part, such sums as may be necessary for each of

fiscal years 1999 through 2003.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 612, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1214.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795i

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

Prior sections 795a to 795f were omitted in the general amendment

of this subchapter by Pub. L. 105-220.

Section 795a, Pub. L. 93-112, title VI, Sec. 612, as added Pub.

L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2991; amended

Pub. L. 98-221, title I, Sec. 165, Feb. 22, 1984, 98 Stat. 30; Pub.

L. 100-630, title II, Sec. 207(a), Nov. 7, 1988, 102 Stat. 3313,

related to administration of community service employment pilot

programs for individuals with disabilities.

Section 795b, Pub. L. 93-112, title VI, Sec. 613, as added Pub.

L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2991; amended

Pub. L. 102-569, title VI, Sec. 602, Oct. 29, 1992, 106 Stat. 4434,

related to employment.

Section 795c, Pub. L. 93-112, title VI, Sec. 614, as added Pub.

L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2992; amended

Pub. L. 98-221, title I, Sec. 104(b)(5), Feb. 22, 1984, 98 Stat.

18, related to interagency cooperation.

Section 795d, Pub. L. 93-112, title VI, Sec. 615, as added Pub.

L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2992; amended

Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title VII, Sec. 701,

Oct. 21, 1986, 100 Stat. 1810, 1831; Pub. L. 102-569, title I, Sec.

102(p)(37), Oct. 29, 1992, 106 Stat. 4360, related to award of

grants or contracts.

Section 795e, Pub. L. 93-112, title VI, Sec. 616, as added Pub.

L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2993; amended

Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986, 100

Stat. 1810; Pub. L. 102-569, title I, Sec. 102(p)(38), title VI,

Sec. 603, Oct. 29, 1992, 106 Stat. 4361, 4434, defined terms

"community service" and "pilot program".

Section 795f, Pub. L. 93-112, title VI, Sec. 617, as added Pub.

L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2993; amended

Pub. L. 98-221, title I, Sec. 161, Feb. 22, 1984, 98 Stat. 29; Pub.

L. 99-506, title VII, Sec. 702, Oct. 21, 1986, 100 Stat. 1831; Pub.

L. 102-52, Sec. 7(a), June 6, 1991, 105 Stat. 262; Pub. L. 102-569,

title VI, Sec. 604, Oct. 29, 1992, 106 Stat. 4434, authorized

appropriations.

-End-

-CITE-

29 USC Part B - Supported Employment Services for

Individuals With the Most

Significant Disabilities 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part B - Supported Employment Services for Individuals With the Most

Significant Disabilities

-HEAD-

PART B - SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH THE

MOST SIGNIFICANT DISABILITIES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 716, 721, 728, 796 of this

title.

-End-

-CITE-

29 USC Sec. 795g 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part B - Supported Employment Services for Individuals With the Most

Significant Disabilities

-HEAD-

Sec. 795g. Purpose

-STATUTE-

It is the purpose of this part to authorize allotments, in

addition to grants for vocational rehabilitation services under

subchapter I of this chapter, to assist States in developing

collaborative programs with appropriate entities to provide

supported employment services for individuals with the most

significant disabilities to enable such individuals to achieve the

employment outcome of supported employment.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 621, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(12)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795j

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 795g, Pub. L. 93-112, title VI, Sec. 621, as

added Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat.

2993; amended Pub. L. 98-221, title I, Secs. 162, 163, Feb. 22,

1984, 98 Stat. 29, 30; Pub. L. 99-506, title I, Sec. 103(d)(2)(B),

(C), title VII, Sec. 703(a)(1)-(3), (b)-(d), Oct. 21, 1986, 100

Stat. 1810, 1831, 1832; Pub. L. 100-630, title II, Sec. 207(b),

Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102-569, title VI, Sec. 611,

Oct. 29, 1992, 106 Stat. 4434, related to Projects With Industry,

prior to the general amendment of this subchapter by Pub. L.

105-220. See section 795 of this title.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to section

designation and catchline in original.

-End-

-CITE-

29 USC Sec. 795h 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part B - Supported Employment Services for Individuals With the Most

Significant Disabilities

-HEAD-

Sec. 795h. Allotments

-STATUTE-

(a) In general

(1) States

The Secretary shall allot the sums appropriated for each fiscal

year to carry out this part among the States on the basis of

relative population of each State, except that -

(A) no State shall receive less than $250,000, or 1/3 of 1

percent of the sums appropriated for the fiscal year for which

the allotment is made, whichever is greater; and

(B) if the sums appropriated to carry out this part for the

fiscal year exceed by $1,000,000 or more the sums appropriated

to carry out this part in fiscal year 1992, no State shall

receive less than $300,000, or 1/3 of 1 percent of the sums

appropriated for the fiscal year for which the allotment is

made, whichever is greater.

(2) Certain territories

(A) In general

For the purposes of this subsection, Guam, American Samoa,

the United States Virgin Islands, and the Commonwealth of the

Northern Mariana Islands shall not be considered to be States.

(B) Allotment

Each jurisdiction described in subparagraph (A) shall be

allotted not less than one-eighth of one percent of the amounts

appropriated for the fiscal year for which the allotment is

made.

(b) Reallotment

Whenever the Commissioner determines that any amount of an

allotment to a State for any fiscal year will not be expended by

such State for carrying out the provisions of this part, the

Commissioner shall make such amount available for carrying out the

provisions of this part to one or more of the States that the

Commissioner determines will be able to use additional amounts

during such year for carrying out such provisions. Any amount made

available to a State for any fiscal year pursuant to the preceding

sentence shall, for the purposes of this section, be regarded as an

increase in the allotment of the State (as determined under the

preceding provisions of this section) for such year.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 622, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(13)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795k

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 795h, Pub. L. 93-112, title VI, Sec. 622, as

added Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat.

2994, and amended, which related to business opportunities for

individuals with disabilities and promulgation of regulations, was

renumbered section 641 of Pub. L. 93-112, by Pub. L. 102-569, title

VI, Sec. 612(a)(2), (3), Oct. 29, 1992, 106 Stat. 4438, and

transferred to section 795r of this title, prior to the general

amendment of this subchapter by Pub. L. 105-220.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment in original to

section designation and catchline.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 795k of this title.

-End-

-CITE-

29 USC Sec. 795i 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part B - Supported Employment Services for Individuals With the Most

Significant Disabilities

-HEAD-

Sec. 795i. Availability of services

-STATUTE-

Funds provided under this part may be used to provide supported

employment services to individuals who are eligible under this

part. Funds provided under this part, or subchapter I of this

chapter, may not be used to provide extended services to

individuals who are eligible under this part or subchapter I of

this chapter.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 623, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(14)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795l

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 795i, Pub. L. 93-112, title VI, Sec. 622,

formerly Sec. 623, as added Pub. L. 95-602, title II, Sec. 201,

Nov. 6, 1978, 92 Stat. 2994; amended Pub. L. 98-221, title I, Sec.

164, Feb. 22, 1984, 98 Stat. 30; Pub. L. 99-506, title VII, Sec.

704, Oct. 21, 1986, 100 Stat. 1834; Pub. L. 100-630, title II, Sec.

207(d), Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102-52, Sec. 7(b),

June 6, 1991, 105 Stat. 262; renumbered Sec. 622 and amended Pub.

L. 102-569, title VI, Sec. 613(a), Oct. 29, 1992, 106 Stat. 4439,

authorized appropriations, prior to the general amendment of this

subchapter by Pub. L. 105-220. See section 795a of this title.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to section

designation and catchline in original.

-End-

-CITE-

29 USC Sec. 795j 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part B - Supported Employment Services for Individuals With the Most

Significant Disabilities

-HEAD-

Sec. 795j. Eligibility

-STATUTE-

An individual shall be eligible under this part to receive

supported employment services authorized under this chapter if -

(1) the individual is eligible for vocational rehabilitation

services;

(2) the individual is determined to be an individual with a

most significant disability; and

(3) a comprehensive assessment of rehabilitation needs of the

individual described in section 705(2)(B) of this title,

including an evaluation of rehabilitation, career, and job needs,

identifies supported employment as the appropriate employment

outcome for the individual.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 624, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(15)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795m

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 795j, Pub. L. 93-112, title VI, Sec. 631, as

added Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106

Stat. 4439, stated purpose of program for supported employment

services for individuals with severe disabilities, prior to the

general amendment of this subchapter by Pub. L. 105-220. See

section 795g of this title.

Another prior section 795j, Pub. L. 93-112, title VI, Sec. 631,

as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,

100 Stat. 1834, outlined the purpose of former part C of this

subchapter, prior to repeal by Pub. L. 102-569, Sec. 621(a).

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to section

designation and catchline in original.

-End-

-CITE-

29 USC Sec. 795k 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part B - Supported Employment Services for Individuals With the Most

Significant Disabilities

-HEAD-

Sec. 795k. State plan

-STATUTE-

(a) State plan supplements

To be eligible for an allotment under this part, a State shall

submit to the Commissioner, as part of the State plan under section

721 of this title, a State plan supplement for providing supported

employment services authorized under this chapter to individuals

who are eligible under this chapter to receive the services. Each

State shall make such annual revisions in the plan supplement as

may be necessary.

(b) Contents

Each such plan supplement shall -

(1) designate each designated State agency as the agency to

administer the program assisted under this part;

(2) summarize the results of the comprehensive, statewide

assessment conducted under section 721(a)(15)(A)(i) of this

title, with respect to the rehabilitation needs of individuals

with significant disabilities and the need for supported

employment services, including needs related to coordination;

(3) describe the quality, scope, and extent of supported

employment services authorized under this chapter to be provided

to individuals who are eligible under this chapter to receive the

services and specify the goals and plans of the State with

respect to the distribution of funds received under section 795h

of this title;

(4) demonstrate evidence of the efforts of the designated State

agency to identify and make arrangements (including entering into

cooperative agreements) with other State agencies and other

appropriate entities to assist in the provision of supported

employment services;

(5) demonstrate evidence of the efforts of the designated State

agency to identify and make arrangements (including entering into

cooperative agreements) with other public or nonprofit agencies

or organizations within the State, employers, natural supports,

and other entities with respect to the provision of extended

services;

(6) provide assurances that -

(A) funds made available under this part will only be used to

provide supported employment services authorized under this

chapter to individuals who are eligible under this part to

receive the services;

(B) the comprehensive assessments of individuals with

significant disabilities conducted under section 722(b)(1) of

this title and funded under subchapter I of this chapter will

include consideration of supported employment as an appropriate

employment outcome;

(C) an individualized plan for employment, as required by

section 722 of this title, will be developed and updated using

funds under subchapter I of this chapter in order to -

(i) specify the supported employment services to be

provided;

(ii) specify the expected extended services needed; and

(iii) identify the source of extended services, which may

include natural supports, or to the extent that it is not

possible to identify the source of extended services at the

time the individualized plan for employment is developed, a

statement describing the basis for concluding that there is a

reasonable expectation that such sources will become

available;

(D) the State will use funds provided under this part only to

supplement, and not supplant, the funds provided under

subchapter I of this chapter, in providing supported employment

services specified in the individualized plan for employment;

(E) services provided under an individualized plan for

employment will be coordinated with services provided under

other individualized plans established under other Federal or

State programs;

(F) to the extent jobs skills training is provided, the

training will be provided on site; and

(G) supported employment services will include placement in

an integrated setting for the maximum number of hours possible

based on the unique strengths, resources, priorities, concerns,

abilities, capabilities, interests, and informed choice of

individuals with the most significant disabilities;

(7) provide assurances that the State agencies designated under

paragraph (1) will expend not more than 5 percent of the

allotment of the State under this part for administrative costs

of carrying out this part; and

(8) contain such other information and be submitted in such

manner as the Commissioner may require.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 625, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(16)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795n

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 795k, Pub. L. 93-112, title VI, Sec. 632, as

added Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106

Stat. 4439, related to allotments, prior to the general amendment

of this subchapter by Pub. L. 105-220. See section 795h of this

title.

Another prior section 795k, Pub. L. 93-112, title VI, Sec. 632,

as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,

100 Stat. 1834, related to eligibility for services under former

part C of this subchapter, prior to repeal by Pub. L. 102-569, Sec.

621(a).

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment in original to

section designation and catchline.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 795l of this title.

-End-

-CITE-

29 USC Sec. 795l 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part B - Supported Employment Services for Individuals With the Most

Significant Disabilities

-HEAD-

Sec. 795g742l. Restriction

-STATUTE-

Each State agency designated under section 795k(b)(1) of this

title shall collect the information required by section 721(a)(10)

of this title separately for eligible individuals receiving

supported employment services under this part and for eligible

individuals receiving supported employment services under

subchapter I of this chapter.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 626, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1216; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(17)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795o

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 795l, Pub. L. 93-112, title VI, Sec. 633, as

added Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106

Stat. 4440; amended Pub. L. 103-73, title I, Sec. 113, Aug. 11,

1993, 107 Stat. 728, related to availability of services, prior to

the general amendment of this subchapter by Pub. L. 105-220. See

section 795i of this title.

Another prior section 795l, Pub. L. 93-112, title VI, Sec. 633,

as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,

100 Stat. 1834; amended Pub. L. 100-630, title II, Sec. 207(e),

Nov. 7, 1988, 102 Stat. 3313, provided for allotments to States,

unused funds, and planning grants, prior to repeal by Pub. L.

102-569, Sec. 621(a).

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to section

designation and catchline in original.

-End-

-CITE-

29 USC Sec. 795m 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part B - Supported Employment Services for Individuals With the Most

Significant Disabilities

-HEAD-

Sec. 795m. Savings provision

-STATUTE-

(a) Supported employment services

Nothing in this chapter shall be construed to prohibit a State

from providing supported employment services in accordance with the

State plan submitted under section 721 of this title by using funds

made available through a State allotment under section 730 of this

title.

(b) Postemployment services

Nothing in this part shall be construed to prohibit a State from

providing discrete postemployment services in accordance with the

State plan submitted under section 721 of this title by using funds

made available through a State allotment under section 730 of this

title to an individual who is eligible under this part.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 627, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1216; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(18)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795p

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

A prior section 795m, Pub. L. 93-112, title VI, Sec. 634, as

added Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106

Stat. 4440, related to eligibility for services, prior to the

general amendment of this subchapter by Pub. L. 105-220. See

section 795j of this title.

Another prior section 795m, Pub. L. 93-112, title VI, Sec. 634,

as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,

100 Stat. 1835; amended Pub. L. 100-630, title II, Sec. 207(f),

Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102-119, Sec. 26(e), Oct. 7,

1991, 105 Stat. 607, provided for submission of State plans for

assistance under former part C of this subchapter, prior to repeal

by Pub. L. 102-569, Sec. 621(a).

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment in original to

section designation and catchline.

-End-

-CITE-

29 USC Sec. 795n 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES

Part B - Supported Employment Services for Individuals With the Most

Significant Disabilities

-HEAD-

Sec. 795n. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

such sums as may be necessary for each of fiscal years 1999 through

2003.

-SOURCE-

(Pub. L. 93-112, title VI, Sec. 628, as added Pub. L. 105-220,

title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1217; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(19)], Oct.

21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 795q

of this title prior to the general amendment of this subchapter by

Pub. L. 105-220.

Prior sections 795n to 795r were omitted in the general amendment

of this subchapter by Pub. L. 105-220.

Section 795n, Pub. L. 93-112, title VI, Sec. 635, as added Pub.

L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106 Stat. 4440,

related to State plans. See section 795k of this title.

Another prior section 795n, Pub. L. 93-112, title VI, Sec. 635,

as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,

100 Stat. 1836; amended Pub. L. 100-630, title II, Sec. 207(g),

Nov. 7, 1988, 102 Stat. 3314, related to availability and

comparability of services under former part C of this subchapter,

prior to repeal by Pub. L. 102-569, Sec. 621(a).

Section 795o, Pub. L. 93-112, title VI, Sec. 636, as added Pub.

L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106 Stat. 4442,

related to collection of client information. See section 795l of

this title.

Another prior section 795o, Pub. L. 93-112, title VI, Sec. 636,

as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,

100 Stat. 1836, related to collection of client information, prior

to repeal by Pub. L. 102-569, Sec. 621(a).

Section 795p, Pub. L. 93-112, title VI, Sec. 637, as added Pub.

L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106 Stat. 4442,

contained savings provision. See section 795m of this title.

Another prior section 795p, Pub. L. 93-112, title VI, Sec. 637,

as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,

100 Stat. 1837, contained a savings provision not prohibiting a

State from carrying out post-employment services leading to

supported employment, prior to repeal by Pub. L. 102-569, Sec.

621(a).

Section 795q, Pub. L. 93-112, title VI, Sec. 638, as added Pub.

L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106 Stat. 4442,

authorized appropriations.

Another prior section 795q, Pub. L. 93-112, title VI, Sec. 638,

as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,

100 Stat. 1837; amended Pub. L. 100-630, title II, Sec. 207(h),

Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102-52, Sec. 7(c), June 6,

1991, 105 Stat. 262, authorized appropriations for fiscal years

1987 to 1992, prior to repeal by Pub. L. 102-569, Sec. 621(a).

Section 795r, Pub. L. 93-112, title VI, Sec. 641, formerly Sec.

622, as added Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92

Stat. 2994; amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C),

Oct. 21, 1986, 100 Stat. 1810; Pub. L. 100-630, title II, Sec.

207(c), Nov. 7, 1988, 102 Stat. 3313; renumbered Sec. 641 and

amended Pub. L. 102-569, title I, Sec. 102(p)(39), title VI, Sec.

612(a)(2), (3), (b), Oct. 29, 1992, 106 Stat. 4361, 4438, related

to business opportunities for individuals with disabilities.

AMENDMENTS

1998 - Pub. L. 105-277 made technical amendment to section

designation and catchline in original.

-End-

-CITE-

29 USC SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND

CENTERS FOR INDEPENDENT LIVING 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

-HEAD-

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

-COD-

CODIFICATION

Title VII of the Rehabilitation Act of 1973, comprising this

subchapter, was originally added to Pub. L. 93-112 by Pub. L.

102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 4443, and

amended by Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718. Title VII

is shown herein, however, as having been added by Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1217, without reference

to those intervening amendments because of the extensive revision

of title VII by Pub. L. 105-220.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 705, 718, 728, 764 of

this title; title 42 section 1320b-20.

-End-

-CITE-

29 USC Part A - Individuals With Significant Disabilities 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

-HEAD-

PART A - INDIVIDUALS WITH SIGNIFICANT DISABILITIES

-End-

-CITE-

29 USC subpart 1 - general provisions 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 1 - general provisions

-HEAD-

SUBPART 1 - GENERAL PROVISIONS

-End-

-CITE-

29 USC Sec. 796 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 1 - general provisions

-HEAD-

Sec. 796. Purpose

-STATUTE-

The purpose of this part is to promote a philosophy of

independent living, including a philosophy of consumer control,

peer support, self-help, self-determination, equal access, and

individual and system advocacy, in order to maximize the

leadership, empowerment, independence, and productivity of

individuals with disabilities, and the integration and full

inclusion of individuals with disabilities into the mainstream of

American society, by -

(1) providing financial assistance to States for providing,

expanding, and improving the provision of independent living

services;

(2) providing financial assistance to develop and support

statewide networks of centers for independent living; and

(3) providing financial assistance to States for improving

working relationships among State independent living

rehabilitation service programs, centers for independent living,

Statewide Independent Living Councils established under section

796d of this title, State vocational rehabilitation programs

receiving assistance under subchapter I of this chapter, State

programs of supported employment services receiving assistance

under part B of subchapter VI of this chapter, client assistance

programs receiving assistance under section 732 of this title,

programs funded under other subchapters of this chapter, programs

funded under other Federal law, and programs funded through

non-Federal sources.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 701, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1217.)

-MISC1-

PRIOR PROVISIONS

A prior section 796, Pub. L. 93-112, title VII, Sec. 701, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4443; amended Pub. L. 103-73, title I, Sec. 114(a), Aug. 11,

1993, 107 Stat. 728, related to purpose of program to provide

assistance for independent living for individuals with severe

disabilities, prior to the general amendment of this subchapter by

Pub. L. 105-220.

Another prior section 796, Pub. L. 93-112, title VII, Sec. 701,

as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92

Stat. 2995, provided Congressional statement of purpose of former

subchapter VII, prior to repeal by Pub. L. 102-569, Sec. 701(1).

-End-

-CITE-

29 USC Sec. 796a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 1 - general provisions

-HEAD-

Sec. 796a. Definitions

-STATUTE-

As used in this part:

(1) Center for independent living

The term "center for independent living" means a

consumer-controlled, community-based, cross-disability,

nonresidential private nonprofit agency that -

(A) is designed and operated within a local community by

individuals with disabilities; and

(B) provides an array of independent living services.

(2) Consumer control

The term "consumer control" means, with respect to a center for

independent living, that the center vests power and authority in

individuals with disabilities.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 702, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1218.)

-MISC1-

PRIOR PROVISIONS

A prior section 796a, Pub. L. 93-112, title VII, Sec. 702, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4443, defined terms "center for independent living" and

"consumer control", prior to the general amendment of this

subchapter by Pub. L. 105-220.

Another prior section 796a, Pub. L. 93-112, title VII, Sec. 702,

as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92

Stat. 2995; amended Pub. L. 99-506, title I, Sec. 103(d)(2)(A),

(C), title VIII, Sec. 801, title X, Secs. 1001(g)(1), 1002(h), Oct.

21, 1986, 100 Stat. 1810, 1837, 1843, 1844; Pub. L. 100-630, title

II, Sec. 208(a), Nov. 7, 1988, 102 Stat. 3314, provided eligibility

requirements and definition of "comprehensive services for

independent living", prior to repeal by Pub. L. 102-569, Sec.

701(1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3011 of this title.

-End-

-CITE-

29 USC Sec. 796b 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 1 - general provisions

-HEAD-

Sec. 796b. Eligibility for receipt of services

-STATUTE-

Services may be provided under this part to any individual with a

significant disability, as defined in section 705(21)(B) of this

title.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 703, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1218.)

-MISC1-

PRIOR PROVISIONS

A prior section 796b, Pub. L. 93-112, title VII, Sec. 703, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4444, related to eligibility for receipt of services, prior

to the general amendment of this subchapter by Pub. L. 105-220.

Another prior section 796b, Pub. L. 93-112, title VII, Sec. 703,

as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92

Stat. 2996; amended Pub. L. 99-506, title X, Sec. 1001(g)(2), Oct.

21, 1986, 100 Stat. 1843; Pub. L. 100-630, title II, Sec. 208(b),

Nov. 7, 1988, 102 Stat. 3314, related to State allotments for

comprehensive services for independent living, prior to repeal by

Pub. L. 102-569, Sec. 701(1).

-End-

-CITE-

29 USC Sec. 796c 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 1 - general provisions

-HEAD-

Sec. 796c. State plan

-STATUTE-

(a) In general

(1) Requirement

To be eligible to receive financial assistance under this part,

a State shall submit to the Commissioner, and obtain approval of,

a State plan containing such provisions as the Commissioner may

require, including, at a minimum, the provisions required in this

section.

(2) Joint development

The plan under paragraph (1) shall be jointly developed and

signed by -

(A) the director of the designated State unit; and

(B) the chairperson of the Statewide Independent Living

Council, acting on behalf of and at the direction of the

Council.

(3) Periodic review and revision

The plan shall provide for the review and revision of the plan,

not less than once every 3 years, to ensure the existence of

appropriate planning, financial support and coordination, and

other assistance to appropriately address, on a statewide and

comprehensive basis, needs in the State for -

(A) the provision of State independent living services;

(B) the development and support of a statewide network of

centers for independent living; and

(C) working relationships between -

(i) programs providing independent living services and

independent living centers; and

(ii) the vocational rehabilitation program established

under subchapter I of this chapter, and other programs

providing services for individuals with disabilities.

(4) Date of submission

The State shall submit the plan to the Commissioner 90 days

before the completion date of the preceding plan. If a State

fails to submit such a plan that complies with the requirements

of this section, the Commissioner may withhold financial

assistance under this part until such time as the State submits

such a plan.

(b) Statewide Independent Living Council

The plan shall provide for the establishment of a Statewide

Independent Living Council in accordance with section 796d of this

title.

(c) Designation of State unit

The plan shall designate the designated State unit of such State

as the agency that, on behalf of the State, shall -

(1) receive, account for, and disburse funds received by the

State under this part based on the plan;

(2) provide administrative support services for a program under

subpart 2, and a program under subpart 3 in a case in which the

program is administered by the State under section 796f-2 of this

title;

(3) keep such records and afford such access to such records as

the Commissioner finds to be necessary with respect to the

programs; and

(4) submit such additional information or provide such

assurances as the Commissioner may require with respect to the

programs.

(d) Objectives

The plan shall -

(1) specify the objectives to be achieved under the plan and

establish timelines for the achievement of the objectives; and

(2) explain how such objectives are consistent with and further

the purpose of this part.

(e) Independent living services

The plan shall provide that the State will provide independent

living services under this part to individuals with significant

disabilities, and will provide the services to such an individual

in accordance with an independent living plan mutually agreed upon

by an appropriate staff member of the service provider and the

individual, unless the individual signs a waiver stating that such

a plan is unnecessary.

(f) Scope and arrangements

The plan shall describe the extent and scope of independent

living services to be provided under this part to meet such

objectives. If the State makes arrangements, by grant or contract,

for providing such services, such arrangements shall be described

in the plan.

(g) Network

The plan shall set forth a design for the establishment of a

statewide network of centers for independent living that comply

with the standards and assurances set forth in section 796f-4 of

this title.

(h) Centers

In States in which State funding for centers for independent

living equals or exceeds the amount of funds allotted to the State

under subpart 3, as provided in section 796f-2 of this title, the

plan shall include policies, practices, and procedures governing

the awarding of grants to centers for independent living and

oversight of such centers consistent with section 796f-2 of this

title.

(i) Cooperation, coordination, and working relationships among

various entities

The plan shall set forth the steps that will be taken to maximize

the cooperation, coordination, and working relationships among -

(1) the independent living rehabilitation service program, the

Statewide Independent Living Council, and centers for independent

living; and

(2) the designated State unit, other State agencies represented

on such Council, other councils that address the needs of

specific disability populations and issues, and other public and

private entities determined to be appropriate by the Council.

(j) Coordination of services

The plan shall describe how services funded under this part will

be coordinated with, and complement, other services, in order to

avoid unnecessary duplication with other Federal, State, and local

programs.

(k) Coordination between Federal and State sources

The plan shall describe efforts to coordinate Federal and State

funding for centers for independent living and independent living

services.

(g742l) Outreach

With respect to services and centers funded under this part, the

plan shall set forth steps to be taken regarding outreach to

populations that are unserved or underserved by programs under this

subchapter, including minority groups and urban and rural

populations.

(m) Requirements

The plan shall provide satisfactory assurances that all

recipients of financial assistance under this part will -

(1) notify all individuals seeking or receiving services under

this part about the availability of the client assistance program

under section 732 of this title, the purposes of the services

provided under such program, and how to contact such program;

(2) take affirmative action to employ and advance in employment

qualified individuals with disabilities on the same terms and

conditions required with respect to the employment of such

individuals under the provisions of section 793 of this title;

(3) adopt such fiscal control and fund accounting procedures as

may be necessary to ensure the proper disbursement of and

accounting for funds paid to the State under this part;

(4)(A) maintain records that fully disclose -

(i) the amount and disposition by such recipient of the

proceeds of such financial assistance;

(ii) the total cost of the project or undertaking in

connection with which such financial assistance is given or

used; and

(iii) the amount of that portion of the cost of the project

or undertaking supplied by other sources;

(B) maintain such other records as the Commissioner determines

to be appropriate to facilitate an effective audit;

(C) afford such access to records maintained under

subparagraphs (A) and (B) as the Commissioner determines to be

appropriate; and

(D) submit such reports with respect to such records as the

Commissioner determines to be appropriate;

(5) provide access to the Commissioner and the Comptroller

General or any of their duly authorized representatives, for the

purpose of conducting audits and examinations, of any books,

documents, papers, and records of the recipients that are

pertinent to the financial assistance received under this part;

and

(6) provide for public hearings regarding the contents of the

plan during both the formulation and review of the plan.

(n) Evaluation

The plan shall establish a method for the periodic evaluation of

the effectiveness of the plan in meeting the objectives established

in subsection (d) of this section, including evaluation of

satisfaction by individuals with disabilities.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 704, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1218.)

-MISC1-

PRIOR PROVISIONS

A prior section 796c, Pub. L. 93-112, title VII, Sec. 704, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4444; amended Pub. L. 103-73, title I, Sec. 114(b), Aug. 11,

1993, 107 Stat. 728, related to State plans, prior to the general

amendment of this subchapter by Pub. L. 105-220.

Another prior section 796c, Pub. L. 93-112, title VII, Sec. 704,

as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92

Stat. 2997; amended Pub. L. 100-630, title II, Sec. 208(c), Nov. 7,

1988, 102 Stat. 3314, related to payments to States from allotments

to pay Federal share of expenditures, prior to repeal by Pub. L.

102-569, Sec. 701(1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 764, 796d, 796d-1,

796f-1, 796f-2, 796f-4, 796k of this title.

-End-

-CITE-

29 USC Sec. 796d 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 1 - general provisions

-HEAD-

Sec. 796d. Statewide Independent Living Council

-STATUTE-

(a) Establishment

To be eligible to receive financial assistance under this part,

each State shall establish a Statewide Independent Living Council

(referred to in this section as the "Council"). The Council shall

not be established as an entity within a State agency.

(b) Composition and appointment

(1) Appointment

Members of the Council shall be appointed by the Governor or,

in the case of a State that, under State law, vests authority for

the administration of the activities carried out under this

chapter in an entity other than the Governor (such as one or more

houses of the State legislature or an independent board), the

chief officer of that entity. The appointing authority shall

select members after soliciting recommendations from

representatives of organizations representing a broad range of

individuals with disabilities and organizations interested in

individuals with disabilities.

(2) Composition

The Council shall include -

(A) at least one director of a center for independent living

chosen by the directors of centers for independent living

within the State;

(B) as ex officio, nonvoting members -

(i) a representative from the designated State unit; and

(ii) representatives from other State agencies that provide

services for individuals with disabilities; and

(C) in a State in which one or more projects are carried out

under section 741 of this title, at least one representative of

the directors of the projects.

(3) Additional members

The Council may include -

(A) other representatives from centers for independent

living;

(B) parents and guardians of individuals with disabilities;

(C) advocates of and for individuals with disabilities;

(D) representatives from private businesses;

(E) representatives from organizations that provide services

for individuals with disabilities; and

(F) other appropriate individuals.

(4) Qualifications

(A) In general

The Council shall be composed of members -

(i) who provide statewide representation;

(ii) who represent a broad range of individuals with

disabilities from diverse backgrounds;

(iii) who are knowledgeable about centers for independent

living and independent living services; and

(iv) a majority of whom are persons who are -

(I) individuals with disabilities described in section

705(20)(B) of this title; and

(II) not employed by any State agency or center for

independent living.

(B) Voting members

A majority of the voting members of the Council shall be -

(i) individuals with disabilities described in section

705(20)(B) of this title; and

(ii) not employed by any State agency or center for

independent living.

(5) Chairperson

(A) In general

Except as provided in subparagraph (B), the Council shall

select a chairperson from among the voting membership of the

Council.

(B) Designation by chief executive officer

In States in which the Governor does not have veto power

pursuant to State law, the appointing authority described in

paragraph (3) shall designate a voting member of the Council to

serve as the chairperson of the Council or shall require the

Council to so designate such a voting member.

(6) Terms of appointment

(A) Length of term

Each member of the Council shall serve for a term of 3 years,

except that -

(i) a member appointed to fill a vacancy occurring prior to

the expiration of the term for which a predecessor was

appointed, shall be appointed for the remainder of such term;

and

(ii) the terms of service of the members initially

appointed shall be (as specified by the appointing authority

described in paragraph (3)) for such fewer number of years as

will provide for the expiration of terms on a staggered

basis.

(B) Number of terms

No member of the Council may serve more than two consecutive

full terms.

(7) Vacancies

(A) In general

Except as provided in subparagraph (B), any vacancy occurring

in the membership of the Council shall be filled in the same

manner as the original appointment. The vacancy shall not

affect the power of the remaining members to execute the duties

of the Council.

(B) Delegation

The appointing authority described in paragraph (3) may

delegate the authority to fill such a vacancy to the remaining

voting members of the Council after making the original

appointment.

(c) Duties

The Council shall -

(1) jointly develop and sign (in conjunction with the

designated State unit) the State plan required in section 796c of

this title;

(2) monitor, review, and evaluate the implementation of the

State plan;

(3) coordinate activities with the State Rehabilitation Council

established under section 725 of this title, if the State has

such a Council, or the commission described in section

721(a)(21)(A) of this title, if the State has such a commission,

and councils that address the needs of specific disability

populations and issues under other Federal law;

(4) ensure that all regularly scheduled meetings of the

Statewide Independent Living Council are open to the public and

sufficient advance notice is provided; and

(5) submit to the Commissioner such periodic reports as the

Commissioner may reasonably request, and keep such records, and

afford such access to such records, as the Commissioner finds

necessary to verify such reports.

(d) Hearings and forums

The Council is authorized to hold such hearings and forums as the

Council may determine to be necessary to carry out the duties of

the Council.

(e) Plan

(1) In general

The Council shall prepare, in conjunction with the designated

State unit, a plan for the provision of such resources, including

such staff and personnel, as may be necessary and sufficient to

carry out the functions of the Council under this section, with

funds made available under this part, and under section 730 of

this title (consistent with section 721(a)(18) of this title),

and from other public and private sources. The resource plan

shall, to the maximum extent possible, rely on the use of

resources in existence during the period of implementation of the

plan.

(2) Supervision and evaluation

Each Council shall, consistent with State law, supervise and

evaluate such staff and other personnel as may be necessary to

carry out the functions of the Council under this section.

(3) Conflict of interest

While assisting the Council in carrying out its duties, staff

and other personnel shall not be assigned duties by the

designated State agency or any other agency or office of the

State, that would create a conflict of interest.

(f) Compensation and expenses

The Council may use such resources to reimburse members of the

Council for reasonable and necessary expenses of attending Council

meetings and performing Council duties (including child care and

personal assistance services), and to pay compensation to a member

of the Council, if such member is not employed or must forfeit

wages from other employment, for each day the member is engaged in

performing Council duties.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 705, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1220; amended Pub. L.

105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(c)(7)], Oct. 21,

1998, 112 Stat. 2681-337, 2681-416.)

-MISC1-

PRIOR PROVISIONS

A prior section 796d, Pub. L. 93-112, title VII, Sec. 705, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4446; amended Pub. L. 103-73, title I, Sec. 114(c), Aug. 11,

1993, 107 Stat. 728, related to Statewide Independent Living

Councils, prior to the general amendment of this subchapter by Pub.

L. 105-220.

Another prior section 796d, Pub. L. 93-112, title VII, Sec. 705,

as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92

Stat. 2997; amended Pub. L. 99-506, title I, Sec. 103(d)(2)(B),

(C), (h)(2), title VIII, Sec. 802, title X, Sec. 1001(g)(3), Oct.

21, 1986, 100 Stat. 1810, 1811, 1837, 1843; Pub. L. 100-630, title

II, Sec. 208(d), Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102-119,

Sec. 26(e), Oct. 7, 1991, 105 Stat. 607, related to State plans for

providing comprehensive services for independent living, prior to

repeal by Pub. L. 102-569, Sec. 701(1).

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 402(c)(7)(A)], in first sentence, substituted "by the Governor

or, in the case of a State that, under State law, vests authority

for the administration of the activities carried out under this

chapter in an entity other than the Governor (such as one or more

houses of the State legislature or an independent board), the chief

officer of that entity" for "by the Governor" and, in second

sentence, substituted "The appointing authority" for "The

Governor".

Subsec. (b)(5)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.

402(c)(7)(B)], substituted "chief executive officer" for "Governor"

in heading and "appointing authority described in paragraph (3)

shall" for "Governor shall" in text.

Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105-277, Sec. 101(f)

[title VIII, Sec. 402(c)(7)(C)], substituted "appointing authority

described in paragraph (3)" for "Governor".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 721, 725, 796, 796c,

796e-2 of this title.

-End-

-CITE-

29 USC Sec. 796d-1 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 1 - general provisions

-HEAD-

Sec. 796d-1. Responsibilities of Commissioner

-STATUTE-

(a) Approval of State plans

(1) In general

The Commissioner shall approve any State plan submitted under

section 796c of this title that the Commissioner determines meets

the requirements of section 796c of this title, and shall

disapprove any such plan that does not meet such requirements, as

soon as practicable after receiving the plan. Prior to such

disapproval, the Commissioner shall notify the State of the

intention to disapprove the plan, and shall afford such State

reasonable notice and opportunity for a hearing.

(2) Procedures

(A) In general

Except as provided in subparagraph (B), the provisions of

subsections (c) and (d) of section 727 of this title shall

apply to any State plan submitted to the Commissioner under

section 796c of this title.

(B) Application

For purposes of the application described in subparagraph

(A), all references in such provisions -

(i) to the Secretary shall be deemed to be references to

the Commissioner; and

(ii) to section 721 of this title shall be deemed to be

references to section 796c of this title.

(b) Indicators

Not later than October 1, 1993, the Commissioner shall develop

and publish in the Federal Register indicators of minimum

compliance consistent with the standards set forth in section

796f-4 of this title.

(c) Onsite compliance reviews

(1) Reviews

The Commissioner shall annually conduct onsite compliance

reviews of at least 15 percent of the centers for independent

living that receive funds under section 796f-1 of this title and

shall periodically conduct such a review of each such center. The

Commissioner shall annually conduct onsite compliance reviews of

at least one-third of the designated State units that receive

funding under section 796f-2 of this title, and, to the extent

necessary to determine the compliance of such a State unit with

subsections (f) and (g) of section 796f-2 of this title, centers

that receive funding under section 796f-2 of this title in such

State. The Commissioner shall select the centers and State units

described in this paragraph for review on a random basis.

(2) Qualifications of employees conducting reviews

The Commissioner shall -

(A) to the maximum extent practicable, carry out such a

review by using employees of the Department who are

knowledgeable about the provision of independent living

services;

(B) ensure that the employee of the Department with

responsibility for supervising such a review shall have such

knowledge; and

(C) ensure that at least one member of a team conducting such

a review shall be an individual who -

(i) is not a government employee; and

(ii) has experience in the operation of centers for

independent living.

(d) Reports

The Commissioner shall include, in the annual report required

under section 710 of this title, information on the extent to which

centers for independent living receiving funds under subpart 3 have

complied with the standards and assurances set forth in section

796f-4 of this title. The Commissioner may identify individual

centers for independent living in the analysis. The Commissioner

shall report the results of onsite compliance reviews, identifying

individual centers for independent living and other recipients of

assistance under this part.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 706, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1223.)

-MISC1-

PRIOR PROVISIONS

A prior section 796d-1, Pub. L. 93-112, title VII, Sec. 706, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4448; amended Pub. L. 103-73, title I, Sec. 114(d), Aug. 11,

1993, 107 Stat. 729, related to responsibilities of Commissioner,

prior to the general amendment of this subchapter by Pub. L.

105-220.

Another prior section 796d-1, Pub. L. 93-112, title VII, Sec.

706, as added Pub. L. 99-506, title VIII, Sec. 803(a), Oct. 21,

1986, 100 Stat. 1837; amended Pub. L. 100-630, title II, Sec.

208(e), Nov. 7, 1988, 102 Stat. 3314, provided for a State

Independent Living Council, prior to repeal by Pub. L. 102-569,

Sec. 701(1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796e, 796e-1, 796f of

this title.

-End-

-CITE-

29 USC subpart 2 - independent living services 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 2 - independent living services

-HEAD-

SUBPART 2 - INDEPENDENT LIVING SERVICES

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 716, 796c, 796f-1, 796f-2

of this title.

-End-

-CITE-

29 USC Sec. 796e 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 2 - independent living services

-HEAD-

Sec. 796e. Allotments

-STATUTE-

(a) In general

(1) States

(A) Population basis

Except as provided in subparagraphs (B) and (C), from sums

appropriated for each fiscal year to carry out this subpart,

the Commissioner shall make an allotment to each State whose

State plan has been approved under section 796d-1 of this title

of an amount bearing the same ratio to such sums as the

population of the State bears to the population of all States.

(B) Maintenance of 1992 amounts

Subject to the availability of appropriations to carry out

this subpart, the amount of any allotment made under

subparagraph (A) to a State for a fiscal year shall not be less

than the amount of an allotment made to the State for fiscal

year 1992 under part A of this subchapter, as in effect on the

day before October 29, 1992.

(C) Minimums

Subject to the availability of appropriations to carry out

this subpart, and except as provided in subparagraph (B), the

allotment to any State under subparagraph (A) shall be not less

than $275,000 or 1/3 of 1 percent of the sums made available

for the fiscal year for which the allotment is made, whichever

is greater, and the allotment of any State under this section

for any fiscal year that is less than $275,000 or 1/3 of 1

percent of such sums shall be increased to the greater of the

two amounts.

(2) Certain territories

(A) In general

For the purposes of paragraph (1)(C), Guam, American Samoa,

the United States Virgin Islands, and the Commonwealth of the

Northern Mariana Islands shall not be considered to be States.

(B) Allotment

Each jurisdiction described in subparagraph (A) shall be

allotted under paragraph (1)(A) not less than 1/8 of 1

percent of the amounts made available for purposes of this

subpart for the fiscal year for which the allotment is made.

(3) Adjustment for inflation

For any fiscal year, beginning in fiscal year 1999, in which

the total amount appropriated to carry out this subpart exceeds

the total amount appropriated to carry out this subpart for the

preceding fiscal year, the Commissioner shall increase the

minimum allotment under paragraph (1)(C) by a percentage that

shall not exceed the percentage increase in the total amount

appropriated to carry out this subpart between the preceding

fiscal year and the fiscal year involved.

(b) Proportional reduction

To provide allotments to States in accordance with subsection

(a)(1)(B) of this section, to provide minimum allotments to States

(as increased under subsection (a)(3) of this section) under

subsection (a)(1)(C) of this section, or to provide minimum

allotments to States under subsection (a)(2)(B) of this section,

the Commissioner shall proportionately reduce the allotments of the

remaining States under subsection (a)(1)(A) of this section, with

such adjustments as may be necessary to prevent the allotment of

any such remaining State from being reduced to less than the amount

required by subsection (a)(1)(B) of this section.

(c) Reallotment

Whenever the Commissioner determines that any amount of an

allotment to a State for any fiscal year will not be expended by

such State in carrying out the provisions of this subpart, the

Commissioner shall make such amount available for carrying out the

provisions of this subpart to one or more of the States that the

Commissioner determines will be able to use additional amounts

during such year for carrying out such provisions. Any amount made

available to a State for any fiscal year pursuant to the preceding

sentence shall, for the purposes of this section, be regarded as an

increase in the allotment of the State (as determined under the

preceding provisions of this section) for such year.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 711, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1224.)

-REFTEXT-

REFERENCES IN TEXT

Part A of this subchapter, as in effect on the day before October

29, 1992, referred to in subsec. (a)(1)(B), means former part A

(Sec. 796 et seq.) which was included in the repeal of subchapter

VII of this chapter by Pub. L. 102-569, title VII, Sec. 701(1),

Oct. 29, 1992, 106 Stat. 4443.

-MISC1-

PRIOR PROVISIONS

A prior section 796e, Pub. L. 93-112, title VII, Sec. 711, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4450; amended Pub. L. 103-73, title I, Sec. 114(e), Aug. 11,

1993, 107 Stat. 729, related to allotments to provide independent

living services, prior to the general amendment of this subchapter

by Pub. L. 105-220.

Another prior section 796e, Pub. L. 93-112, title VII, Sec. 711,

as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92

Stat. 2998; amended Pub. L. 98-221, title I, Sec. 171, Feb. 22,

1984, 98 Stat. 30; Pub. L. 99-506, title I, Sec. 103(d)(2)(C),

title VIII, Secs. 804(a)(1), (b), (c), 805, Oct. 21, 1986, 100

Stat. 1810, 1838, 1839; Pub. L. 100-630, title II, Sec. 208(f),

Nov. 7, 1988, 102 Stat. 3314, related to establishment and

operation of independent living centers, prior to repeal by Pub. L.

102-569, Sec. 701(1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 796e-1 of this title.

-End-

-CITE-

29 USC Sec. 796e-1 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 2 - independent living services

-HEAD-

Sec. 796e-1. Payments to States from allotments

-STATUTE-

(a) Payments

From the allotment of each State for a fiscal year under section

796e of this title, the State shall be paid the Federal share of

the expenditures incurred during such year under its State plan

approved under section 796d-1 of this title. Such payments may be

made (after necessary adjustments on account of previously made

overpayments or underpayments) in advance or by way of

reimbursement, and in such installments and on such conditions as

the Commissioner may determine.

(b) Federal share

(1) In general

The Federal share with respect to any State for any fiscal year

shall be 90 percent of the expenditures incurred by the State

during such year under its State plan approved under section

796d-1 of this title.

(2) Non-Federal share

The non-Federal share of the cost of any project that receives

assistance through an allotment under this subpart may be

provided in cash or in kind, fairly evaluated, including plant,

equipment, or services.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 712, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1225.)

-MISC1-

PRIOR PROVISIONS

A prior section 796e-1, Pub. L. 93-112, title VII, Sec. 712, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4451; amended Pub. L. 103-73, title I, Sec. 114(f), Aug. 11,

1993, 107 Stat. 730, related to payments to States from allotments,

prior to the general amendment of this subchapter by Pub. L.

105-220.

-End-

-CITE-

29 USC Sec. 796e-2 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 2 - independent living services

-HEAD-

Sec. 796e-2. Authorized uses of funds

-STATUTE-

The State may use funds received under this subpart to provide

the resources described in section 796d(e) of this title, relating

to the Statewide Independent Living Council, and may use funds

received under this subpart -

(1) to provide independent living services to individuals with

significant disabilities;

(2) to demonstrate ways to expand and improve independent

living services;

(3) to support the operation of centers for independent living

that are in compliance with the standards and assurances set

forth in subsections (b) and (c) of section 796f-4 of this title;

(4) to support activities to increase the capacities of public

or nonprofit agencies and organizations and other entities to

develop comprehensive approaches or systems for providing

independent living services;

(5) to conduct studies and analyses, gather information,

develop model policies and procedures, and present information,

approaches, strategies, findings, conclusions, and

recommendations to Federal, State, and local policymakers in

order to enhance independent living services for individuals with

disabilities;

(6) to train individuals with disabilities and individuals

providing services to individuals with disabilities and other

persons regarding the independent living philosophy; and

(7) to provide outreach to populations that are unserved or

underserved by programs under this subchapter, including minority

groups and urban and rural populations.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 713, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1226.)

-MISC1-

PRIOR PROVISIONS

A prior section 796e-2, Pub. L. 93-112, title VII, Sec. 713, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4451; amended Pub. L. 103-73, title I, Sec. 114(g), Aug. 11,

1993, 107 Stat. 730, related to authorized uses of funds, prior to

the general amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 796e-3 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 2 - independent living services

-HEAD-

Sec. 796e-3. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this subpart

such sums as may be necessary for each of the fiscal years 1999

through 2003.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 714, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1226.)

-MISC1-

PRIOR PROVISIONS

A prior section 796e-3, Pub. L. 93-112, title VII, Sec. 714, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4452, authorized appropriations, prior to the general

amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-

29 USC subpart 3 - centers for independent living 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 3 - centers for independent living

-HEAD-

SUBPART 3 - CENTERS FOR INDEPENDENT LIVING

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 716, 721, 796c, 796d-1 of

this title.

-End-

-CITE-

29 USC Sec. 796f 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 3 - centers for independent living

-HEAD-

Sec. 796f. Program authorization

-STATUTE-

(a) In general

From the funds appropriated for fiscal year 1999 and for each

subsequent fiscal year to carry out this subpart, the Commissioner

shall allot such sums as may be necessary to States and other

entities in accordance with subsections (b) through (d) of this

section.

(b) Training

(1) Grants; contracts; other arrangements

For any fiscal year in which the funds appropriated to carry

out this subpart exceed the funds appropriated to carry out this

subpart for fiscal year 1993, the Commissioner shall first

reserve from such excess, to provide training and technical

assistance to eligible agencies, centers for independent living,

and Statewide Independent Living Councils for such fiscal year,

not less than 1.8 percent, and not more than 2 percent, of the

funds appropriated to carry out this subpart for the fiscal year

involved.

(2) Allocation

From the funds reserved under paragraph (1), the Commissioner

shall make grants to, and enter into contracts and other

arrangements with, entities that have experience in the operation

of centers for independent living to provide such training and

technical assistance with respect to planning, developing,

conducting, administering, and evaluating centers for independent

living.

(3) Funding priorities

The Commissioner shall conduct a survey of Statewide

Independent Living Councils and centers for independent living

regarding training and technical assistance needs in order to

determine funding priorities for such grants, contracts, and

other arrangements.

(4) Review

To be eligible to receive a grant or enter into a contract or

other arrangement under this subsection, such an entity shall

submit an application to the Commissioner at such time, in such

manner, and containing a proposal to provide such training and

technical assistance, and containing such additional information

as the Commissioner may require. The Commissioner shall provide

for peer review of grant applications by panels that include

persons who are not government employees and who have experience

in the operation of centers for independent living.

(5) Prohibition on combined funds

No funds reserved by the Commissioner under this subsection may

be combined with funds appropriated under any other Act or part

of this chapter if the purpose of combining funds is to make a

single discretionary grant or a single discretionary payment,

unless such funds appropriated under this part are separately

identified in such grant or payment and are used for the purposes

of this part.

(c) In general

(1) States

(A) Population basis

After the reservation required by subsection (b) of this

section has been made, and except as provided in subparagraphs

(B) and (C), from the remainder of the amounts appropriated for

each such fiscal year to carry out this subpart, the

Commissioner shall make an allotment to each State whose State

plan has been approved under section 796d-1 of this title of an

amount bearing the same ratio to such remainder as the

population of the State bears to the population of all States.

(B) Maintenance of 1992 amounts

Subject to the availability of appropriations to carry out

this subpart, the amount of any allotment made under

subparagraph (A) to a State for a fiscal year shall not be less

than the amount of financial assistance received by centers for

independent living in the State for fiscal year 1992 under part

B of this subchapter, as in effect on the day before October

29, 1992.

(C) Minimums

Subject to the availability of appropriations to carry out

this subpart and except as provided in subparagraph (B), for a

fiscal year in which the amounts appropriated to carry out this

subpart exceed the amounts appropriated for fiscal year 1992 to

carry out part B of this subchapter, as in effect on the day

before October 29, 1992 -

(i) if such excess is not less than $8,000,000, the

allotment to any State under subparagraph (A) shall be not

less than $450,000 or 1/3 of 1 percent of the sums made

available for the fiscal year for which the allotment is

made, whichever is greater, and the allotment of any State

under this section for any fiscal year that is less than

$450,000 or 1/3 of 1 percent of such sums shall be

increased to the greater of the 2 amounts;

(ii) if such excess is not less than $4,000,000 and is less

than $8,000,000, the allotment to any State under

subparagraph (A) shall be not less than $400,000 or 1/3 of

1 percent of the sums made available for the fiscal year for

which the allotment is made, whichever is greater, and the

allotment of any State under this section for any fiscal year

that is less than $400,000 or 1/3 of 1 percent of such sums

shall be increased to the greater of the 2 amounts; and

(iii) if such excess is less than $4,000,000, the allotment

to any State under subparagraph (A) shall approach, as nearly

as possible, the greater of the 2 amounts described in clause

(ii).

(2) Certain territories

(A) In general

For the purposes of paragraph (1)(C), Guam, American Samoa,

the United States Virgin Islands, and the Commonwealth of the

Northern Mariana Islands shall not be considered to be States.

(B) Allotment

Each jurisdiction described in subparagraph (A) shall be

allotted under paragraph (1)(A) not less than 1/8 of 1

percent of the remainder for the fiscal year for which the

allotment is made.

(3) Adjustment for inflation

For any fiscal year, beginning in fiscal year 1999, in which

the total amount appropriated to carry out this subpart exceeds

the total amount appropriated to carry out this subpart for the

preceding fiscal year, the Commissioner shall increase the

minimum allotment under paragraph (1)(C) by a percentage that

shall not exceed the percentage increase in the total amount

appropriated to carry out this subpart between the preceding

fiscal year and the fiscal year involved.

(4) Proportional reduction

To provide allotments to States in accordance with paragraph

(1)(B), to provide minimum allotments to States (as increased

under paragraph (3)) under paragraph (1)(C), or to provide

minimum allotments to States under paragraph (2)(B), the

Commissioner shall proportionately reduce the allotments of the

remaining States under paragraph (1)(A), with such adjustments as

may be necessary to prevent the allotment of any such remaining

State from being reduced to less than the amount required by

paragraph (1)(B).

(d) Reallotment

Whenever the Commissioner determines that any amount of an

allotment to a State for any fiscal year will not be expended by

such State for carrying out the provisions of this subpart, the

Commissioner shall make such amount available for carrying out the

provisions of this subpart to one or more of the States that the

Commissioner determines will be able to use additional amounts

during such year for carrying out such provisions. Any amount made

available to a State for any fiscal year pursuant to the preceding

sentence shall, for the purposes of this section, be regarded as an

increase in the allotment of the State (as determined under the

preceding provisions of this section) for such year.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 721, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1226.)

-REFTEXT-

REFERENCES IN TEXT

Part B of this subchapter, as in effect on the day before October

29, 1992, referred to in subsec. (c)(1)(B), (C), means former part

B (Sec. 796e) which was included in the repeal of subchapter VII of

this chapter by Pub. L. 102-569, title VII, Sec. 701(1), Oct. 29,

1992, 106 Stat. 4443.

-MISC1-

PRIOR PROVISIONS

A prior section 796f, Pub. L. 93-112, title VII, Sec. 721, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4452; amended Pub. L. 103-73, title I, Sec. 114(h), Aug. 11,

1993, 107 Stat. 730, authorized program to assist centers for

independent living, prior to the general amendment of this

subchapter by Pub. L. 105-220.

Another prior section 796f, Pub. L. 93-112, title VII, Sec. 721,

as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92

Stat. 2999; amended Pub. L. 99-506, title X, Sec. 1001(g)(4), Oct.

21, 1986, 100 Stat. 1843; Pub. L. 100-630, title II, Sec. 208(g),

Nov. 7, 1988, 102 Stat. 3314, related to establishment of

independent living service programs for older blind individuals,

prior to repeal by Pub. L. 102-569, Sec. 701(1).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796f-1, 796f-2 of this

title.

-End-

-CITE-

29 USC Sec. 796f-1 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 3 - centers for independent living

-HEAD-

Sec. 796f-1. Grants to centers for independent living in States in

which Federal funding exceeds State funding

-STATUTE-

(a) Establishment

(1) In general

Unless the director of a designated State unit awards grants

under section 796f-2 of this title to eligible agencies in a

State for a fiscal year, the Commissioner shall award grants

under this section to such eligible agencies for such fiscal year

from the amount of funds allotted to the State under subsection

(c) or (d) of section 796f of this title for such year.

(2) Grants

The Commissioner shall award such grants, from the amount of

funds so allotted, to such eligible agencies for the planning,

conduct, administration, and evaluation of centers for

independent living that comply with the standards and assurances

set forth in section 796f-4 of this title.

(b) Eligible agencies

In any State in which the Commissioner has approved the State

plan required by section 796c of this title, the Commissioner may

make a grant under this section to any eligible agency that -

(1) has the power and authority to carry out the purpose of

this subpart and perform the functions set forth in section

796f-4 of this title within a community and to receive and

administer funds under this subpart, funds and contributions from

private or public sources that may be used in support of a center

for independent living, and funds from other public and private

programs;

(2) is determined by the Commissioner to be able to plan,

conduct, administer, and evaluate a center for independent living

consistent with the standards and assurances set forth in section

796f-4 of this title; and

(3) submits an application to the Commissioner at such time, in

such manner, and containing such information as the Commissioner

may require.

(c) Existing eligible agencies

In the administration of the provisions of this section, the

Commissioner shall award grants to any eligible agency that has

been awarded a grant under this subpart by September 30, 1997,

unless the Commissioner makes a finding that the agency involved

fails to meet program and fiscal standards and assurances set forth

in section 796f-4 of this title.

(d) New centers for independent living

(1) In general

If there is no center for independent living serving a region

of the State or a region is underserved, and the increase in the

allotment of the State is sufficient to support an additional

center for independent living in the State, the Commissioner may

award a grant under this section to the most qualified applicant

proposing to serve such region, consistent with the provisions in

the State plan setting forth the design of the State for

establishing a statewide network of centers for independent

living.

(2) Selection

In selecting from among applicants for a grant under this

section for a new center for independent living, the Commissioner

-

(A) shall consider comments regarding the application, if

any, by the Statewide Independent Living Council in the State

in which the applicant is located;

(B) shall consider the ability of each such applicant to

operate a center for independent living based on -

(i) evidence of the need for such a center;

(ii) any past performance of such applicant in providing

services comparable to independent living services;

(iii) the plan for satisfying or demonstrated success in

satisfying the standards and the assurances set forth in

section 796f-4 of this title;

(iv) the quality of key personnel and the involvement of

individuals with significant disabilities;

(v) budgets and cost-effectiveness;

(vi) an evaluation plan; and

(vii) the ability of such applicant to carry out the plans;

and

(C) shall give priority to applications from applicants

proposing to serve geographic areas within each State that are

currently unserved or underserved by independent living

programs, consistent with the provisions of the State plan

submitted under section 796c of this title regarding

establishment of a statewide network of centers for independent

living.

(3) Current centers

Notwithstanding paragraphs (1) and (2), a center for

independent living that receives assistance under subpart 2 for a

fiscal year shall be eligible for a grant for the subsequent

fiscal year under this subsection.

(e) Order of priorities

The Commissioner shall be guided by the following order of

priorities in allocating funds among centers for independent living

within a State, to the extent funds are available:

(1) The Commissioner shall support existing centers for

independent living, as described in subsection (c) of this

section, that comply with the standards and assurances set forth

in section 796f-4 of this title, at the level of funding for the

previous year.

(2) The Commissioner shall provide for a cost-of-living

increase for such existing centers for independent living.

(3) The Commissioner shall fund new centers for independent

living, as described in subsection (d) of this section, that

comply with the standards and assurances set forth in section

796f-4 of this title.

(f) Nonresidential agencies

A center that provides or manages residential housing after

October 1, 1994, shall not be considered to be an eligible agency

under this section.

(g) Review

(1) In general

The Commissioner shall periodically review each center

receiving funds under this section to determine whether such

center is in compliance with the standards and assurances set

forth in section 796f-4 of this title. If the Commissioner

determines that any center receiving funds under this section is

not in compliance with the standards and assurances set forth in

section 796f-4 of this title, the Commissioner shall immediately

notify such center that it is out of compliance.

(2) Enforcement

The Commissioner shall terminate all funds under this section

to such center 90 days after the date of such notification unless

the center submits a plan to achieve compliance within 90 days of

such notification and such plan is approved by the Commissioner.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 722, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1229.)

-REFTEXT-

REFERENCES IN TEXT

This subpart, referred to in subsec. (c), means subpart 3 (Sec.

796f et seq.) of part A of this subchapter, prior to the general

amendment of this subchapter by Pub. L. 105-220, title IV, Sec.

410, Aug. 7, 1998, 112 Stat. 1217.

-MISC1-

PRIOR PROVISIONS

A prior section 796f-1, Pub. L. 93-112, title VII, Sec. 722, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4456; amended Pub. L. 103-73, title I, Sec. 114(i), Aug. 11,

1993, 107 Stat. 731, related to grants to centers for independent

living in States in which Federal funding exceeds State funding,

prior to the general amendment of this subchapter by Pub. L.

105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796d-1, 796f-2, 796f-3 of

this title.

-End-

-CITE-

29 USC Sec. 796f-2 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 3 - centers for independent living

-HEAD-

Sec. 796f-2. Grants to centers for independent living in States in

which State funding equals or exceeds Federal funding

-STATUTE-

(a) Establishment

(1) In general

(A) Initial year

(i) Determination

The director of a designated State unit, as provided in

paragraph (2), or the Commissioner, as provided in paragraph

(3), shall award grants under this section for an initial

fiscal year if the Commissioner determines that the amount of

State funds that were earmarked by a State for a preceding

fiscal year to support the general operation of centers for

independent living meeting the requirements of this subpart

equaled or exceeded the amount of funds allotted to the State

under subsection (c) or (d) of section 796f of this title for

such year.

(ii) Grants

The director or the Commissioner, as appropriate, shall

award such grants, from the amount of funds so allotted for

the initial fiscal year, to eligible agencies in the State

for the planning, conduct, administration, and evaluation of

centers for independent living that comply with the standards

and assurances set forth in section 796f-4 of this title.

(iii) Regulation

The Commissioner shall by regulation specify the preceding

fiscal year with respect to which the Commissioner will make

the determinations described in clause (i) and subparagraph

(B), making such adjustments as may be necessary to

accommodate State funding cycles such as 2-year funding

cycles or State fiscal years that do not coincide with the

Federal fiscal year.

(B) Subsequent years

For each year subsequent to the initial fiscal year described

in subparagraph (A), the director of the designated State unit

shall continue to have the authority to award such grants under

this section if the Commissioner determines that the State

continues to earmark the amount of State funds described in

subparagraph (A)(i). If the State does not continue to earmark

such an amount for a fiscal year, the State shall be ineligible

to make grants under this section after a final year following

such fiscal year, as defined in accordance with regulations

established by the Commissioner, and for each subsequent fiscal

year.

(2) Grants by designated State units

In order for the designated State unit to be eligible to award

the grants described in paragraph (1) and carry out this section

for a fiscal year with respect to a State, the designated State

agency shall submit an application to the Commissioner at such

time, and in such manner as the Commissioner may require,

including information about the amount of State funds described

in paragraph (1) for the preceding fiscal year. If the

Commissioner makes a determination described in subparagraph

(A)(i) or (B), as appropriate, of paragraph (1), the Commissioner

shall approve the application and designate the director of the

designated State unit to award the grant and carry out this

section.

(3) Grants by Commissioner

If the designated State agency of a State described in

paragraph (1) does not submit and obtain approval of an

application under paragraph (2), the Commissioner shall award the

grant described in paragraph (1) to eligible agencies in the

State in accordance with section 796f-1 of this title.

(b) Eligible agencies

In any State in which the Commissioner has approved the State

plan required by section 796c of this title, the director of the

designated State unit may award a grant under this section to any

eligible agency that -

(1) has the power and authority to carry out the purpose of

this subpart and perform the functions set forth in section

796f-4 of this title within a community and to receive and

administer funds under this subpart, funds and contributions from

private or public sources that may be used in support of a center

for independent living, and funds from other public and private

programs;

(2) is determined by the director to be able to plan, conduct,

administer, and evaluate a center for independent living,

consistent with the standards and assurances set forth in section

796f-4 of this title; and

(3) submits an application to the director at such time, in

such manner, and containing such information as the head of the

designated State unit may require.

(c) Existing eligible agencies

In the administration of the provisions of this section, the

director of the designated State unit shall award grants under this

section to any eligible agency that has been awarded a grant under

this subpart by September 30, 1997, unless the director makes a

finding that the agency involved fails to comply with the standards

and assurances set forth in section 796f-4 of this title.

(d) New centers for independent living

(1) In general

If there is no center for independent living serving a region

of the State or the region is unserved or underserved, and the

increase in the allotment of the State is sufficient to support

an additional center for independent living in the State, the

director of the designated State unit may award a grant under

this section from among eligible agencies, consistent with the

provisions of the State plan under section 796c of this title

setting forth the design of the State for establishing a

statewide network of centers for independent living.

(2) Selection

In selecting from among eligible agencies in awarding a grant

under this subpart for a new center for independent living -

(A) the director of the designated State unit and the

chairperson of, or other individual designated by, the

Statewide Independent Living Council acting on behalf of and at

the direction of the Council, shall jointly appoint a peer

review committee that shall rank applications in accordance

with the standards and assurances set forth in section 796f-4

of this title and criteria jointly established by such director

and such chairperson or individual;

(B) the peer review committee shall consider the ability of

each such applicant to operate a center for independent living,

and shall recommend an applicant to receive a grant under this

section, based on -

(i) evidence of the need for a center for independent

living, consistent with the State plan;

(ii) any past performance of such applicant in providing

services comparable to independent living services;

(iii) the plan for complying with, or demonstrated success

in complying with, the standards and the assurances set forth

in section 796f-4 of this title;

(iv) the quality of key personnel of the applicant and the

involvement of individuals with significant disabilities by

the applicant;

(v) the budgets and cost-effectiveness of the applicant;

(vi) the evaluation plan of the applicant; and

(vii) the ability of such applicant to carry out the plans;

and

(C) the director of the designated State unit shall award the

grant on the basis of the recommendations of the peer review

committee if the actions of the committee are consistent with

Federal and State law.

(3) Current centers

Notwithstanding paragraphs (1) and (2), a center for

independent living that receives assistance under subpart 2 for a

fiscal year shall be eligible for a grant for the subsequent

fiscal year under this subsection.

(e) Order of priorities

Unless the director of the designated State unit and the

chairperson of the Council or other individual designated by the

Council acting on behalf of and at the direction of the Council

jointly agree on another order of priority, the director shall be

guided by the following order of priorities in allocating funds

among centers for independent living within a State, to the extent

funds are available:

(1) The director of the designated State unit shall support

existing centers for independent living, as described in

subsection (c) of this section, that comply with the standards

and assurances set forth in section 796f-4 of this title, at the

level of funding for the previous year.

(2) The director of the designated State unit shall provide for

a cost-of-living increase for such existing centers for

independent living.

(3) The director of the designated State unit shall fund new

centers for independent living, as described in subsection (d) of

this section, that comply with the standards and assurances set

forth in section 796f-4 of this title.

(f) Nonresidential agencies

A center that provides or manages residential housing after

October 1, 1994, shall not be considered to be an eligible agency

under this section.

(g) Review

(1) In general

The director of the designated State unit shall periodically

review each center receiving funds under this section to

determine whether such center is in compliance with the standards

and assurances set forth in section 796f-4 of this title. If the

director of the designated State unit determines that any center

receiving funds under this section is not in compliance with the

standards and assurances set forth in section 796f-4 of this

title, the director of the designated State unit shall

immediately notify such center that it is out of compliance.

(2) Enforcement

The director of the designated State unit shall terminate all

funds under this section to such center 90 days after -

(A) the date of such notification; or

(B) in the case of a center that requests an appeal under

subsection (i) of this section, the date of any final decision

under subsection (i) of this section,

unless the center submits a plan to achieve compliance within 90

days and such plan is approved by the director, or if appealed,

by the Commissioner.

(h) Onsite compliance review

The director of the designated State unit shall annually conduct

onsite compliance reviews of at least 15 percent of the centers for

independent living that receive funding under this section in the

State. Each team that conducts onsite compliance review of centers

for independent living shall include at least one person who is not

an employee of the designated State agency, who has experience in

the operation of centers for independent living, and who is jointly

selected by the director of the designated State unit and the

chairperson of or other individual designated by the Council acting

on behalf of and at the direction of the Council. A copy of this

review shall be provided to the Commissioner.

(i) Adverse actions

If the director of the designated State unit proposes to take a

significant adverse action against a center for independent living,

the center may seek mediation and conciliation to be provided by an

individual or individuals who are free of conflicts of interest

identified by the chairperson of or other individual designated by

the Council. If the issue is not resolved through the mediation and

conciliation, the center may appeal the proposed adverse action to

the Commissioner for a final decision.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 723, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1231.)

-REFTEXT-

REFERENCES IN TEXT

This subpart, referred to in subsec. (c), means subpart 3 (Sec.

796f et seq.) of part A of this subchapter, prior to the general

amendment of this subchapter by Pub. L. 105-220, title IV, Sec.

410, Aug. 7, 1998, 112 Stat. 1217.

-MISC1-

PRIOR PROVISIONS

A prior section 796f-2, Pub. L. 93-112, title VII, Sec. 723, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4458; amended Pub. L. 103-73, title I, Sec. 114(j), Aug. 11,

1993, 107 Stat. 731, related to grants to centers for independent

living in States in which State funding equals or exceeds Federal

funding, prior to the general amendment of this subchapter by Pub.

L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796c, 796d-1, 796f-1,

796f-3 of this title.

-End-

-CITE-

29 USC Sec. 796f-3 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 3 - centers for independent living

-HEAD-

Sec. 796f-3. Centers operated by State agencies

-STATUTE-

A State that receives assistance for fiscal year 1993 with

respect to a center in accordance with subsection (a) of this

section (as in effect on the day before August 7, 1998) may

continue to receive assistance under this subpart for fiscal year

1994 or a succeeding fiscal year if, for such fiscal year -

(1) no nonprofit private agency -

(A) submits an acceptable application to operate a center for

independent living for the fiscal year before a date specified

by the Commissioner; and

(B) obtains approval of the application under section 796f-1

or 796f-2 of this title; or

(2) after funding all applications so submitted and approved,

the Commissioner determines that funds remain available to

provide such assistance.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 724, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1234.)

-MISC1-

PRIOR PROVISIONS

A prior section 796f-3, Pub. L. 93-112, title VII, Sec. 724, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4461; amended Pub. L. 103-73, title I, Sec. 114(k), Aug. 11,

1993, 107 Stat. 731, related to centers operated by State agencies,

prior to the general amendment of this subchapter by Pub. L.

105-220.

-End-

-CITE-

29 USC Sec. 796f-4 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 3 - centers for independent living

-HEAD-

Sec. 796f-4. Standards and assurances for centers for independent

living

-STATUTE-

(a) In general

Each center for independent living that receives assistance under

this subpart shall comply with the standards set out in subsection

(b) of this section and provide and comply with the assurances set

out in subsection (c) of this section in order to ensure that all

programs and activities under this subpart are planned, conducted,

administered, and evaluated in a manner consistent with the

purposes of this part and the objective of providing assistance

effectively and efficiently.

(b) Standards

(1) Philosophy

The center shall promote and practice the independent living

philosophy of -

(A) consumer control of the center regarding decisionmaking,

service delivery, management, and establishment of the policy

and direction of the center;

(B) self-help and self-advocacy;

(C) development of peer relationships and peer role models;

and

(D) equal access of individuals with significant disabilities

to society and to all services, programs, activities,

resources, and facilities, whether public or private and

regardless of the funding source.

(2) Provision of services

The center shall provide services to individuals with a range

of significant disabilities. The center shall provide services on

a cross-disability basis (for individuals with all different

types of significant disabilities, including individuals with

significant disabilities who are members of populations that are

unserved or underserved by programs under this subchapter).

Eligibility for services at any center for independent living

shall be determined by the center, and shall not be based on the

presence of any one or more specific significant disabilities.

(3) Independent living goals

The center shall facilitate the development and achievement of

independent living goals selected by individuals with significant

disabilities who seek such assistance by the center.

(4) Community options

The center shall work to increase the availability and improve

the quality of community options for independent living in order

to facilitate the development and achievement of independent

living goals by individuals with significant disabilities.

(5) Independent living core services

The center shall provide independent living core services and,

as appropriate, a combination of any other independent living

services.

(6) Activities to increase community capacity

The center shall conduct activities to increase the capacity of

communities within the service area of the center to meet the

needs of individuals with significant disabilities.

(7) Resource development activities

The center shall conduct resource development activities to

obtain funding from sources other than this part.

(c) Assurances

The eligible agency shall provide at such time and in such manner

as the Commissioner may require, such satisfactory assurances as

the Commissioner may require, including satisfactory assurances

that -

(1) the applicant is an eligible agency;

(2) the center will be designed and operated within local

communities by individuals with disabilities, including an

assurance that the center will have a Board that is the principal

governing body of the center and a majority of which shall be

composed of individuals with significant disabilities;

(3) the applicant will comply with the standards set forth in

subsection (b) of this section;

(4) the applicant will establish clear priorities through

annual and 3-year program and financial planning objectives for

the center, including overall goals or a mission for the center,

a work plan for achieving the goals or mission, specific

objectives, service priorities, and types of services to be

provided, and a description that shall demonstrate how the

proposed activities of the applicant are consistent with the most

recent 3-year State plan under section 796c of this title;

(5) the applicant will use sound organizational and personnel

assignment practices, including taking affirmative action to

employ and advance in employment qualified individuals with

significant disabilities on the same terms and conditions

required with respect to the employment of individuals with

disabilities under section 793 of this title;

(6) the applicant will ensure that the majority of the staff,

and individuals in decisionmaking positions, of the applicant are

individuals with disabilities;

(7) the applicant will practice sound fiscal management;

(8) the applicant will conduct annual self-evaluations, prepare

an annual report, and maintain records adequate to measure

performance with respect to the standards, containing information

regarding, at a minimum -

(A) the extent to which the center is in compliance with the

standards;

(B) the number and types of individuals with significant

disabilities receiving services through the center;

(C) the types of services provided through the center and the

number of individuals with significant disabilities receiving

each type of service;

(D) the sources and amounts of funding for the operation of

the center;

(E) the number of individuals with significant disabilities

who are employed by, and the number who are in management and

decisionmaking positions in, the center; and

(F) a comparison, when appropriate, of the activities of the

center in prior years with the activities of the center in the

most recent year;

(9) individuals with significant disabilities who are seeking

or receiving services at the center will be notified by the

center of the existence of, the availability of, and how to

contact, the client assistance program;

(10) aggressive outreach regarding services provided through

the center will be conducted in an effort to reach populations of

individuals with significant disabilities that are unserved or

underserved by programs under this subchapter, especially

minority groups and urban and rural populations;

(11) staff at centers for independent living will receive

training on how to serve such unserved and underserved

populations, including minority groups and urban and rural

populations;

(12) the center will submit to the Statewide Independent Living

Council a copy of its approved grant application and the annual

report required under paragraph (8);

(13) the center will prepare and submit a report to the

designated State unit or the Commissioner, as the case may be, at

the end of each fiscal year that contains the information

described in paragraph (8) and information regarding the extent

to which the center is in compliance with the standards set forth

in subsection (b) of this section; and

(14) an independent living plan described in section 796c(e) of

this title will be developed unless the individual who would

receive services under the plan signs a waiver stating that such

a plan is unnecessary.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 725, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1234; amended Pub. L.

105-332, Sec. 5(c), Oct. 31, 1998, 112 Stat. 3127.)

-MISC1-

PRIOR PROVISIONS

A prior section 796f-4, Pub. L. 93-112, title VII, Sec. 725, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4462; amended Pub. L. 103-73, title I, Sec. 114(l), Aug. 11,

1993, 107 Stat. 731, related to standards and assurances for

centers for independent living, prior to the general amendment of

this subchapter by Pub. L. 105-220.

AMENDMENTS

1998 - Subsec. (c)(7). Pub. L. 105-332 substituted "management;"

for "management, including making arrangements for an annual

independent fiscal audit, notwithstanding section 7502(a)(2)(A) of

title 31;".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 796c, 796d-1, 796e-2,

796f-1, 796f-2 of this title.

-End-

-CITE-

29 USC Sec. 796f-5 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 3 - centers for independent living

-HEAD-

Sec. 796f-5. "Eligible agency" defined

-STATUTE-

As used in this subpart, the term "eligible agency" means a

consumer-controlled, community-based, cross-disability,

nonresidential private nonprofit agency.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 726, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

-MISC1-

PRIOR PROVISIONS

A prior section 796f-5, Pub. L. 93-112, title VII, Sec. 726, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4464, defined "eligible agency", prior to the general

amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 796f-6 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part A - Individuals With Significant Disabilities

subpart 3 - centers for independent living

-HEAD-

Sec. 796f-6. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this subpart

such sums as may be necessary for each of the fiscal years 1999

through 2003.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 727, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

-MISC1-

PRIOR PROVISIONS

A prior section 796f-6, Pub. L. 93-112, title VII, Sec. 727, as

added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106

Stat. 4464, authorized appropriations, prior to the general

amendment of this subchapter by Pub. L. 105-220.

Prior sections 796g to 796i were repealed by Pub. L. 102-569,

title VII, Sec. 701(1), Oct. 29, 1992, 106 Stat. 4443.

Section 796g, Pub. L. 93-112, title VII, Sec. 731, as added Pub.

L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 3000;

amended Pub. L. 99-506, title I, Sec. 103(h)(2), Oct. 21, 1986, 100

Stat. 1811; Pub. L. 100-630, title II, Sec. 208(h), Nov. 7, 1988,

102 Stat. 3314, provided for grants to States to establish systems

to protect and advocate for rights of individuals with severe

handicaps.

Section 796h, Pub. L. 93-112, title VII, Sec. 732, as added Pub.

L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 3000;

amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986,

100 Stat. 1810, related to affirmative action on part of recipients

of assistance to employ and advance in employment qualified

individuals with handicaps.

Section 796i, Pub. L. 93-112, title VII, Sec. 741, formerly Sec.

731, as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92

Stat. 3001; renumbered Sec. 741 and amended Pub. L. 98-221, title

I, Sec. 172(a)(1), (b), Feb. 22, 1984, 98 Stat. 32; Pub. L. 99-506,

title VIII, Sec. 806, Oct. 21, 1986, 100 Stat. 1840; Pub. L.

100-630, title II, Sec. 208(i), Nov. 7, 1988, 102 Stat. 3315; Pub.

L. 102-52, Sec. 8, June 6, 1991, 105 Stat. 262, provided for

appropriations.

-End-

-CITE-

29 USC Part B - Independent Living Services for Older

Individuals Who Are Blind 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part B - Independent Living Services for Older Individuals Who Are

Blind

-HEAD-

PART B - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE

BLIND

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 716 of this title.

-End-

-CITE-

29 USC Sec. 796j 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part B - Independent Living Services for Older Individuals Who Are

Blind

-HEAD-

Sec. 796j. "Older individual who is blind" defined

-STATUTE-

For purposes of this part, the term "older individual who is

blind" means an individual age 55 or older whose significant visual

impairment makes competitive employment extremely difficult to

attain but for whom independent living goals are feasible.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 751, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

-MISC1-

PRIOR PROVISIONS

A prior section 796j, Pub. L. 93-112, title VII, Sec. 751, as

added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106

Stat. 4464, defined "older individual who is blind", prior to the

general amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-

29 USC Sec. 796k 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part B - Independent Living Services for Older Individuals Who Are

Blind

-HEAD-

Sec. 796k. Program of grants

-STATUTE-

(a) In general

(1) Authority for grants

Subject to subsections (b) and (c) of this section, the

Commissioner may make grants to States for the purpose of

providing the services described in subsection (d) of this

section to older individuals who are blind.

(2) Designated State agency

The Commissioner may not make a grant under this subsection

unless the State involved agrees that the grant will be

administered solely by the agency described in section

721(a)(2)(A)(i) of this title.

(b) Contingent competitive grants

Beginning with fiscal year 1993, in the case of any fiscal year

for which the amount appropriated under section 796l of this title

is less than $13,000,000, grants made under subsection (a) of this

section shall be -

(1) discretionary grants made on a competitive basis to States;

or

(2) grants made on a noncompetitive basis to pay for the

continuation costs of activities for which a grant was awarded -

(A) under this part; or

(B) under part C of this subchapter, as in effect on the day

before October 29, 1992.

(c) Contingent formula grants

(1) In general

In the case of any fiscal year for which the amount

appropriated under section 796l of this title is equal to or

greater than $13,000,000, grants under subsection (a) of this

section shall be made only to States and shall be made only from

allotments under paragraph (2).

(2) Allotments

For grants under subsection (a) of this section for a fiscal

year described in paragraph (1), the Commissioner shall make an

allotment to each State in an amount determined in accordance

with subsection (j) of this section, and shall make a grant to

the State of the allotment made for the State if the State

submits to the Commissioner an application in accordance with

subsection (i) of this section.

(d) Services generally

The Commissioner may not make a grant under subsection (a) of

this section unless the State involved agrees that the grant will

be expended only for purposes of -

(1) providing independent living services to older individuals

who are blind;

(2) conducting activities that will improve or expand services

for such individuals; and

(3) conducting activities to help improve public understanding

of the problems of such individuals.

(e) Independent living services

Independent living services for purposes of subsection (d)(1) of

this section include -

(1) services to help correct blindness, such as -

(A) outreach services;

(B) visual screening;

(C) surgical or therapeutic treatment to prevent, correct, or

modify disabling eye conditions; and

(D) hospitalization related to such services;

(2) the provision of eyeglasses and other visual aids;

(3) the provision of services and equipment to assist an older

individual who is blind to become more mobile and more

self-sufficient;

(4) mobility training, braille instruction, and other services

and equipment to help an older individual who is blind adjust to

blindness;

(5) guide services, reader services, and transportation;

(6) any other appropriate service designed to assist an older

individual who is blind in coping with daily living activities,

including supportive services and rehabilitation teaching

services;

(7) independent living skills training, information and

referral services, peer counseling, and individual advocacy

training; and

(8) other independent living services.

(f) Matching funds

(1) In general

The Commissioner may not make a grant under subsection (a) of

this section unless the State involved agrees, with respect to

the costs of the program to be carried out by the State pursuant

to such subsection, to make available (directly or through

donations from public or private entities) non-Federal

contributions toward such costs in an amount that is not less

than $1 for each $9 of Federal funds provided in the grant.

(2) Determination of amount contributed

Non-Federal contributions required in paragraph (1) may be in

cash or in kind, fairly evaluated, including plant, equipment, or

services. Amounts provided by the Federal Government, or services

assisted or subsidized to any significant extent by the Federal

Government, may not be included in determining the amount of such

non-Federal contributions.

(g) Certain expenditures of grants

A State may expend a grant under subsection (a) of this section

to carry out the purposes specified in subsection (d) of this

section through grants to public and nonprofit private agencies or

organizations.

(h) Requirement regarding State plan

The Commissioner may not make a grant under subsection (a) of

this section unless the State involved agrees that, in carrying out

subsection (d)(1) of this section, the State will seek to

incorporate into the State plan under section 796c of this title

any new methods and approaches relating to independent living

services for older individuals who are blind.

(i) Application for grant

(1) In general

The Commissioner may not make a grant under subsection (a) of

this section unless an application for the grant is submitted to

the Commissioner and the application is in such form, is made in

such manner, and contains such agreements, assurances, and

information as the Commissioner determines to be necessary to

carry out this section (including agreements, assurances, and

information with respect to any grants under subsection (j)(4) of

this section).

(2) Contents

An application for a grant under this section shall contain -

(A) an assurance that the agency described in subsection

(a)(2) of this section will prepare and submit to the

Commissioner a report, at the end of each fiscal year, with

respect to each project or program the agency operates or

administers under this section, whether directly or through a

grant or contract, which report shall contain, at a minimum,

information on -

(i) the number and types of older individuals who are blind

and are receiving services;

(ii) the types of services provided and the number of older

individuals who are blind and are receiving each type of

service;

(iii) the sources and amounts of funding for the operation

of each project or program;

(iv) the amounts and percentages of resources committed to

each type of service provided;

(v) data on actions taken to employ, and advance in

employment, qualified individuals with significant

disabilities, including older individuals who are blind; and

(vi) a comparison, if appropriate, of prior year activities

with the activities of the most recent year;

(B) an assurance that the agency will -

(i) provide services that contribute to the maintenance of,

or the increased independence of, older individuals who are

blind; and

(ii) engage in -

(I) capacity-building activities, including collaboration

with other agencies and organizations;

(II) activities to promote community awareness,

involvement, and assistance; and

(III) outreach efforts; and

(C) an assurance that the application is consistent with the

State plan for providing independent living services required

by section 796c of this title.

(j) Amount of formula grant

(1) In general

Subject to the availability of appropriations, the amount of an

allotment under subsection (a) of this section for a State for a

fiscal year shall be the greater of -

(A) the amount determined under paragraph (2); or

(B) the amount determined under paragraph (3).

(2) Minimum allotment

(A) States

In the case of the several States, the District of Columbia,

and the Commonwealth of Puerto Rico, the amount referred to in

subparagraph (A) of paragraph (1) for a fiscal year is the

greater of -

(i) $225,000; or

(ii) an amount equal to 1/3 of 1 percent of the amount

appropriated under section 796l of this title for the fiscal

year and available for allotments under subsection (a) of

this section.

(B) Certain territories

In the case of Guam, American Samoa, the United States Virgin

Islands, and the Commonwealth of the Northern Mariana Islands,

the amount referred to in subparagraph (A) of paragraph (1) for

a fiscal year is $40,000.

(3) Formula

The amount referred to in subparagraph (B) of paragraph (1) for

a State for a fiscal year is the product of -

(A) the amount appropriated under section 796l of this title

and available for allotments under subsection (a) of this

section; and

(B) a percentage equal to the quotient of -

(i) an amount equal to the number of individuals residing

in the State who are not less than 55 years of age; divided

by

(ii) an amount equal to the number of individuals residing

in the United States who are not less than 55 years of age.

(4) Disposition of certain amounts

(A) Grants

From the amounts specified in subparagraph (B), the

Commissioner may make grants to States whose population of

older individuals who are blind has a substantial need for the

services specified in subsection (d) of this section relative

to the populations in other States of older individuals who are

blind.

(B) Amounts

The amounts referred to in subparagraph (A) are any amounts

that are not paid to States under subsection (a) of this

section as a result of -

(i) the failure of any State to submit an application under

subsection (i) of this section;

(ii) the failure of any State to prepare within a

reasonable period of time such application in compliance with

such subsection; or

(iii) any State informing the Commissioner that the State

does not intend to expend the full amount of the allotment

made for the State under subsection (a) of this section.

(C) Conditions

The Commissioner may not make a grant under subparagraph (A)

unless the State involved agrees that the grant is subject to

the same conditions as grants made under subsection (a) of this

section.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 752, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

-REFTEXT-

REFERENCES IN TEXT

Part C of this subchapter, as in effect on the day before October

29, 1992, referred to in subsec. (b)(2)(B), means former part C

(Sec. 796f) which was included in the repeal of subchapter VII of

this chapter by Pub. L. 102-569, title VII, Sec. 701(1), Oct. 29,

1992, 106 Stat. 4443.

-MISC1-

PRIOR PROVISIONS

A prior section 796k, Pub. L. 93-112, title VII, Sec. 752, as

added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106

Stat. 4465; amended Pub. L. 103-73, title I, Sec. 114(m), Aug. 11,

1993, 107 Stat. 732, authorized grants to provide independent

living services for older individuals who are blind, prior to the

general amendment of this subchapter by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 716 of this title.

-End-

-CITE-

29 USC Sec. 796l 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR

INDEPENDENT LIVING

Part B - Independent Living Services for Older Individuals Who Are

Blind

-HEAD-

Sec. 796g742l. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

such sums as may be necessary for each of the fiscal years 1999

through 2003.

-SOURCE-

(Pub. L. 93-112, title VII, Sec. 753, as added Pub. L. 105-220,

title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1241.)

-MISC1-

PRIOR PROVISIONS

A prior section 796l, Pub. L. 93-112, title VII, Sec. 753, as

added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106

Stat. 4468, authorized appropriations, prior to the general

amendment of this subchapter by Pub. L. 105-220.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 796k of this title.

-End-

-CITE-

29 USC SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND

TRAINING PROJECTS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES

SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

-HEAD-

SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

-End-

-CITE-

29 USC Secs. 797 to 797b 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION

SERVICES