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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-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-

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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

SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

-HEAD-

Secs. 797 to 797b. Repealed. Pub. L. 105-220, title IV, Sec. 411,

Aug. 7, 1998, 112 Stat. 1241

-MISC1-

Section 797, Pub. L. 93-112, title VIII, Sec. 801, as added Pub.

L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4469,

authorized appropriations.

Section 797a, Pub. L. 93-112, title VIII, Sec. 802, as added Pub.

L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4469,

authorized grants for various demonstration projects.

Section 797b, Pub. L. 93-112, title VIII, Sec. 803, as added Pub.

L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4478,

authorized grants for training projects.

-End-