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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
2026-07-06 10:51:44 -04:00
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legal/us/code/title-29/chapter-16/section-701.md
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---
type: "LegalText"
title: "29 U.S.C. § 702"
description: "Rehabilitation Services Administration"
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corpus: "united_states_code"
kind: "code_section"
title_number: 29
title_name: "LABOR"
chapter_number: "16"
chapter_name: "VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES"
section: "702"
citation: "29 U.S.C. § 702"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 29 U.S.C. § 702 - Rehabilitation Services Administration
## Text
(a) There is established in the Office of the Secretary in the Department of Education a Rehabilitation Services Administration which shall be headed by a Commissioner (hereinafter in this chapter referred to as the “Commissioner”) appointed by the President by and with the advice and consent of the Senate. Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII. The Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program management. In the performance of the functions of the office, the Commissioner shall be directly responsible to the Secretary of Education or to the Under Secretary or an appropriate Assistant Secretary of such Department, as designated by the Secretary. The functions of the Commissioner shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Commissioner. Any reference in this chapter to duties to be carried out by the Commissioner shall be considered to be a reference to duties to be carried out by the Secretary of Education acting through the Commissioner. In carrying out any of the functions of the office under this chapter, the Commissioner shall be guided by general policies of the National Council on Disability established under subchapter IV of this chapter.
(b) The Secretary of Education shall take whatever action is necessary to ensure that funds appropriated pursuant to this chapter are expended only for the programs, personnel, and administration of programs carried out under this chapter.
(Pub. L. 93–112, § 3, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1096; amended Pub. L. 113–128, title IV, § 403, July 22, 2014, 128 Stat. 1632.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 702, Pub. L. 93–112, § 3, Sept. 26, 1973, 87 Stat. 357; Pub. L. 93–516, title I, § 101(a), Dec. 7, 1974, 88 Stat. 1617; Pub. L. 93–651, title I, § 101(a), Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 95–602, title I, § 122(a)(2), (3), Nov. 6, 1978, 92 Stat. 2984; Pub. L. 99–506, title I, § 102, title X, § 1001(a)(1), Oct. 21, 1986, 100 Stat. 1808, 1841; Pub. L. 100–630, title II, § 201(a), Nov. 7, 1988, 102 Stat. 3303, related to the Rehabilitation Services Administration, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093.
Amendments2014—Subsec. (a). Pub. L. 113–128, § 403(1), inserted “in the Department of Education” after “Secretary” in first sentence, substituted “Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII.” for “Except for subchapters IV and V and as otherwise specifically provided in this chapter, such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of such Department for carrying out this chapter.” in second sentence, and inserted “of Education” after “to the Secretary” in fourth sentence and after “by the Secretary” in sixth sentence. Subsec. (b). Pub. L. 113–128, § 403(2), inserted “of Education” after “Secretary”.
Statutory Notes and Related Subsidiaries
Additional Personnel for Office for the Blind and Visually HandicappedPub. L. 93–516, title II, § 208(a), Dec. 7, 1974, 88 Stat. 1629, provided that: “The Secretary of Health, Education, and Welfare [now Secretary of Education] is directed to assign to the Office for the Blind and Visually Handicapped of the Rehabilitation Services Administration of the Department of Health, Education, and Welfare [now Department of Education] ten additional full-time personnel (or their equivalent), five of whom shall be supportive personnel, to carry out duties related to the administration of the Randolph-Sheppard Act [section 107 et seq. of Title 20, Education].” An identical provision is contained in Pub. L. 93–651, title II, § 208(a), Nov. 21, 1974, 89 Stat. 2–14.
Preference to Blind in Selecting PersonnelPub. L. 93–516, title II, § 208(c), Dec. 7, 1974, 88 Stat. 1629, provided that: “In selecting personnel to fill any position under this section [authorizing assignment of 11 additional full-time personnel to the Office for the Blind and Visually Handicapped of the Rehabilitation Service Administration of the Department of Health, Education, and Welfare under subsecs. (a) and (b) of Pub. L. 93–516], the Secretary of Health, Education, and Welfare [now Secretary of Education] shall give preference to blind individuals.” An identical provision is contained in Pub. L. 93–651, title II, § 208(c), Nov. 21, 1974, 89 Stat. 2–14.
legal/us/code/title-29/chapter-16/section-703.md
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---
type: "LegalText"
title: "29 U.S.C. § 703"
description: "Advance funding"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 29
title_name: "LABOR"
chapter_number: "16"
chapter_name: "VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES"
section: "703"
citation: "29 U.S.C. § 703"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 29 U.S.C. § 703 - Advance funding
## Text
(a) For the purpose of affording adequate notice of funding available under this chapter, appropriations under this chapter are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation.
(b) In order to effect a transition to the advance funding method of timing appropriation action, the authority provided by subsection (a) of this section shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.
(Pub. L. 93–112, § 4, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1097.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 703, Pub. L. 93–112, § 4, Sept. 26, 1973, 87 Stat. 358, related to advance funding, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093.
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---
type: "LegalText"
title: "29 U.S.C. § 704"
description: "Joint funding"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 29
title_name: "LABOR"
chapter_number: "16"
chapter_name: "VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES"
section: "704"
citation: "29 U.S.C. § 704"
status: "current"
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release_date: "2026-06-26"
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---
# 29 U.S.C. § 704 - Joint funding
## Text
Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this chapter, where funds are provided for a single project by more than one Federal agency to an agency or organization assisted under this chapter, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, in such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each agency. When the principal agency involved is the Rehabilitation Services Administration, it may waive any grant or contract requirement (as defined by such regulations) under or pursuant to any law other than this chapter, which requirement is inconsistent with the similar requirements of the administering agency under or pursuant to this chapter.
(Pub. L. 93–112, § 5, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1097.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 704, Pub. L. 93–112, § 5, Sept. 26, 1973, 87 Stat. 359, related to joint funding, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093.
Executive Documents
Delegation of Functions Authority of the President under this section delegated to Director of Office of Management and Budget by section 1 of Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040, set out as a note under section 7103 of Title 31, Money and Finance.
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---
type: "LegalText"
title: "29 U.S.C. § 706"
description: "Allotment percentage"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 29
title_name: "LABOR"
chapter_number: "16"
chapter_name: "VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES"
section: "706"
citation: "29 U.S.C. § 706"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 29 U.S.C. § 706 - Allotment percentage
## Text
(a) (1) For purposes of section 730 of this title, the allotment percentage for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that—
(A) the allotment percentage shall in no case be more than 75 per centum or less than 33⅓ per centum; and
(B) the allotment percentage for the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be 75 per centum.
(2) The allotment percentages shall be promulgated by the Secretary of Education between October 1 and December 31 of each even-numbered year, on the basis of the average of the per capita incomes of the States and of the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the 2 fiscal years in the period beginning on the October 1 next succeeding such promulgation.
(3) The term “United States” means (but only for purposes of this subsection) the 50 States and the District of Columbia.
(b) The population of the several States and of the United States shall be determined on the basis of the most recent data available, to be furnished by the Department of Commerce by October 1 of the year preceding the fiscal year for which funds are appropriated pursuant to statutory authorizations.
(Pub. L. 93–112, § 8, formerly § 7, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110; renumbered § 8, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 405(a), July 22, 2014, 128 Stat. 1637.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 707 of this title prior to repeal by Pub. L. 105–220. A prior section 706, Pub. L. 93–112, § 7, Sept. 26, 1973, 87 Stat. 359; Pub. L. 93–516, title I, § 111(a), Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 111(a), Nov. 21, 1974, 89 Stat. 2–5; Pub. L. 95–602, title I, § 122(a)(4)–(8), Nov. 6, 1978, 92 Stat. 2984, 2985; Pub. L. 98–221, title I, § 101, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, title I, § 103(a), (b), (c)(1), (d)(1), (2)(A), (C), (e)–(h)(1), (i), (j), title X, §§ 1001(a)(3), 1002(a), Oct. 21, 1986, 100 Stat. 1809–1811, 1841, 1844; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–259, § 9, Mar. 22, 1988, 102 Stat. 31; Pub. L. 100–630, title II, § 201(c), Nov. 7, 1988, 102 Stat. 3303; Pub. L. 101–336, title V, § 513, formerly § 512, July 26, 1990, 104 Stat. 376, renumbered § 513, Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558; Pub. L. 102–569, title I, § 102(a)–(n), (p)(3), Oct. 29, 1992, 106 Stat. 4347–4350, 4356; Pub. L. 103–73, title I, §§ 102(1), 103, Aug. 11, 1993, 107 Stat. 718; Pub. L. 103–218, title IV, § 404, Mar. 9, 1994, 108 Stat. 97, defined terms for purposes of this chapter, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 705 of this title. A prior section 8 of Pub. L. 93–112 was renumbered section 10 and is classified to section 707 of this title. Another prior section 8 of Pub. L. 93–112 was classified to section 707 of this title prior to repeal by Pub. L. 105–220.
Amendments2014—Subsec. (a)(2). Pub. L. 113–128 inserted “of Education” after “Secretary”.
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---
type: "LegalText"
title: "29 U.S.C. § 707"
description: "Nonduplication"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 29
title_name: "LABOR"
chapter_number: "16"
chapter_name: "VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES"
section: "707"
citation: "29 U.S.C. § 707"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 29 U.S.C. § 707 - Nonduplication
## Text
In determining the amount of any State’s Federal share of expenditures for planning, administration, and services incurred by it under a State plan approved in accordance with section 721 of this title, there shall be disregarded—
(1) any portion of such expenditures which are financed by Federal funds provided under any other provision of law; and
(2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds.
No payment may be made from funds provided under one provision of this chapter relating to any cost with respect to which any payment is made under any other provision of this chapter, except that this section shall not be construed to limit or reduce fees for services rendered by community rehabilitation programs.
(Pub. L. 93–112, § 10, formerly § 8, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110; renumbered § 10 and amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1), (c)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–415.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 709 of this title prior to repeal by Pub. L. 105–220. A prior section 707, Pub. L. 93–112, § 8, Sept. 26, 1973, 87 Stat. 362; Pub. L. 94–273, § 10, Apr. 21, 1976, 90 Stat. 378; Pub. L. 102–569, title I, § 103, Oct. 29, 1992, 106 Stat. 4361, related to allotment percentage, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 706 of this title. A prior section 10 of Pub. L. 93–112 was renumbered section 12 and is classified to section 709 of this title. Another prior section 10 of Pub. L. 93–112 was classified to section 709 of this title prior to repeal by Pub. L. 105–220.
Amendments1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(2)], substituted a dash for a colon after “disregarded” and amended text to set out cls. (1) and (2) as indented pars. and last sentence as flush provision.
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---
type: "LegalText"
title: "29 U.S.C. § 708"
description: "Application of other laws"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 29
title_name: "LABOR"
chapter_number: "16"
chapter_name: "VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES"
section: "708"
citation: "29 U.S.C. § 708"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 29 U.S.C. § 708 - Application of other laws
## Text
(a) The provisions of chapter 71 of title 31 and of title V of the Act of October 15, 1977 (Public Law 95–134) shall not apply to the administration of the provisions of this chapter or to the administration of any program or activity under this chapter.
(b) Section 501 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3341] shall apply, as specified in that section, to amendments to this chapter that were made by the Workforce Innovation and Opportunity Act.
(Pub. L. 93–112, § 11, formerly § 9, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110; renumbered § 11, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 405(b), July 22, 2014, 128 Stat. 1637.)
## Notes
Editorial Notes
References in TextAct of October 15, 1977, referred to in subsec. (a), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. Title V of the Act enacted section 4368b of Title 42, The Public Health and Welfare, and section 1469a of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables. The Workforce Innovation and Opportunity Act, referred to in subsec. (b), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
Codification “Chapter 71 of title 31” substituted in text for “the Act of December 5, 1974 (Public Law 93–510) on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Prior ProvisionsProvisions similar to this section were contained in section 710 of this title prior to repeal by Pub. L. 105–220. A prior section 708, Pub. L. 93–112, § 9, Sept. 26, 1973, 87 Stat. 362, related to audit and examination of records, scope of disclosure, and access to representatives, prior to repeal by Pub. L. 103–382, title II, § 272, Oct. 20, 1994, 108 Stat. 3931. A prior section 11 of Pub. L. 93–112 was renumbered section 13 and is classified to section 710 of this title. Another prior section 11 of Pub. L. 93–112 was classified to section 710 of this title prior to repeal by Pub. L. 105–220.
Amendments2014—Pub. L. 113–128 designated existing provisions as subsec. (a) and added subsec. (b).
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---
type: "LegalText"
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---
# 29 U.S.C. § 709 - Administration
## Text
(a) Technical assistance; short-term traineeships; special projects; dissemination of information; monitoring and evaluations In carrying out the purposes of this chapter, the Commissioner may—
(1) (A) provide consultative services and technical assistance to public or nonprofit private agencies and organizations, including assistance to enable such agencies and organizations to facilitate meaningful and effective participation by individuals with disabilities in workforce investment activities;
(B) provide technical assistance to the designated State units on developing successful partnerships with local and multi-State businesses in an effort to increase the employment of individuals with disabilities;
(C) provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities; and
(D) provide technical assistance to entities carrying out community rehabilitation programs to build their internal capacity to provide individualized services and supports leading to competitive integrated employment, and to transition individuals with disabilities away from nonintegrated settings;
(2) provide short-term training and technical instruction, including training for the personnel of community rehabilitation programs and other providers of services (including job coaches);
(3) conduct special projects and demonstrations;
(4) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this chapter; and
(5) provide monitoring and conduct evaluations.
(b) Utilization of services and facilities; information task forces (1) In carrying out the duties under this chapter, the Commissioner may utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or organization, in accordance with agreements between the Commissioner and the head thereof, and may pay therefor, in advance or by way of reimbursement, as may be provided in the agreement.
(2) In carrying out the provisions of this chapter, the Commissioner shall appoint such task forces as may be necessary to collect and disseminate information in order to improve the ability of the Commissioner to carry out the provisions of this chapter.
(c) Regulations to carry out this chapter (1) The Secretary of Education may promulgate such regulations as are considered appropriate to carry out the Commissioner’s duties under this chapter.
(2) In promulgating regulations to carry out this chapter, the Secretary of Education shall promulgate only regulations that are necessary to administer and ensure compliance with the specific requirements of this chapter.
(d) Regulations for implementation (1) The Secretary of Education shall promulgate regulations regarding the requirements for the implementation of an order of selection for vocational rehabilitation services under section 721(a)(5)(A) of this title if such services cannot be provided to all eligible individuals with disabilities who apply for such services.
(2) Not later than 180 days after July 22, 2014, the Secretary of Education shall receive public comment and promulgate regulations to implement the amendments made by the Workforce Innovation and Opportunity Act.
(e) Authorities and responsibilities of Commissioner and Secretary of Education (1) The Administrator of the Administration for Community Living (referred to in this subsection as the “Administrator”) may carry out the authorities and shall carry out the responsibilities of the Commissioner described in paragraphs (1)(A) and (2) through (4) of subsection (a), and subsection (b), except that, for purposes of applying subsections (a) and (b), a reference in those subsections—
(A) to facilitating meaningful and effective participation shall be considered to be a reference to facilitating meaningful and effective collaboration with independent living programs, and promoting a philosophy of independent living for individuals with disabilities in community activities; and
(B) to training for personnel shall be considered to be a reference to training for the personnel of centers for independent living and Statewide Independent Living Councils.
(2) The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (c) and (d).
(f) References to “this chapter” (1) In subsections (a) through (d), a reference to “this chapter” means a provision of this chapter that the Secretary of Education has authority to carry out; and
(2) In subsection (e), for purposes of applying subsections (a) through (d), a reference in those subsections to “this chapter” means a provision of this chapter that the Secretary of Health and Human Services has authority to carry out.
(g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary.
(Pub. L. 93–112, § 12, formerly § 10, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1111; renumbered § 12, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 405(c), July 22, 2014, 128 Stat. 1637.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsec. (d)(2), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
Prior ProvisionsProvisions similar to this section were contained in section 711 of this title prior to repeal by Pub. L. 105–220. A prior section 709, Pub. L. 93–112, § 10, Sept. 26, 1973, 87 Stat. 363; Pub. L. 95–602, title I, § 122(a)(9), Nov. 6, 1978, 92 Stat. 2985; Pub. L. 100–630, title II, § 201(d), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–569, title I, § 104, Oct. 29, 1992, 106 Stat. 4361, related to nonduplication prohibition, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 707 of this title. A prior section 12 of Pub. L. 93–112 was renumbered section 14 and is classified to section 711 of this title. Another prior section 12 of Pub. L. 93–112 was classified to section 711 of this title prior to repeal by Pub. L. 105–220.
Amendments2014—Subsec. (a)(1). Pub. L. 113–128, § 405(c)(1)(A), designated existing provisions as subpar. (A) and added subpars. (B) to (D). Subsec. (a)(2). Pub. L. 113–128, § 405(c)(1)(B), struck out “, centers for independent living,” after “community rehabilitation programs”. Subsec. (c). Pub. L. 113–128, § 405(c)(6)(A), (D), (E), designated existing provisions as par. (1) and redesignated subsec. (f) as par. (2). Pub. L. 113–128, § 405(c)(2), substituted “Secretary of Education” for “Commissioner”. Subsec. (d). Pub. L. 113–128, § 405(c)(6)(B), (C), designated existing provisions as par. (1) and redesignated subsec. (e) as par. (2). Pub. L. 113–128, § 405(c)(3), inserted “of Education” after “Secretary”. Subsec. (e). Pub. L. 113–128, § 405(c)(7), added subsec. (e). Former subsec. (e) redesignated par. (2) of subsec. (d). Pub. L. 113–128, § 405(c)(4), amended reference in original act which resulted in substitution of “July 22, 2014” for “August 7, 1998” in text, inserted “of Education” after “Secretary”, and substituted “Workforce Innovation and Opportunity Act” for “Rehabilitation Act Amendments of 1998”. Subsec. (f). Pub. L. 113–128, § 405(c)(7), added subsec. (f). Former subsec. (f) redesignated par. (2) of subsec. (c). Pub. L. 113–128, § 405(c)(5), inserted “of Education” after “Secretary”.
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# 29 U.S.C. § 710 - Reports
## Text
(a) Annual reports required Not later than one hundred and eighty days after the close of each fiscal year, the Commissioner shall prepare and submit to the President and to the Congress a full and complete report on the activities carried out under this chapter, including the activities and staffing of the information clearinghouse under section 712 of this title.
(b) Collection of information The Commissioner shall collect information to determine whether the purposes of this chapter are being met and to assess the performance of programs carried out under this chapter. The Commissioner shall take whatever action is necessary to assure that the identity of each individual for which information is supplied under this section is kept confidential, except as otherwise required by law (including regulation).
(c) Information to be included in reports (1) 11 So in original. There is no par. (2). In preparing the report, the Commissioner shall annually collect and include in the report information based on the information submitted by States in accordance with section 721(a)(10) of this title, including information on administrative costs as required by section 721(a)(10)(D) of this title. The Commissioner shall, to the maximum extent appropriate, include in the report all information that is required to be submitted in the reports described in section 3141(d)(2) of this title and that pertains to the employment of individuals with disabilities.
(d) Availability to public The Commissioner shall ensure that the report described in this section is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this chapter.
(Pub. L. 93–112, § 13, formerly § 11, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1111; renumbered § 13, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 406, July 22, 2014, 128 Stat. 1638.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 712 of this title prior to repeal by Pub. L. 105–220. A prior section 710, Pub. L. 93–112, § 11, as added Pub. L. 95–602, title I, § 121, Nov. 6, 1978, 92 Stat. 2984, related to application of other laws, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 708 of this title. A prior section 13 of Pub. L. 93–112 was renumbered section 15 and is classified to section 712 of this title. Another prior section 13 of Pub. L. 93–112 was classified to section 712 of this title prior to repeal by Pub. L. 105–220.
Amendments2014—Subsec. (c)(1). Pub. L. 113–128, § 406(1), designated existing provisions as par. (1) and substituted “section 3141(d)(2) of this title” for “section 2871(d) of this title”. Subsec. (d). Pub. L. 113–128, § 406(2), added subsec. (d).
Statutory Notes and Related Subsidiaries
Exchange of DataPub. L. 102–569, title I, § 137, Oct. 29, 1992, 106 Stat. 4397, provided that: “The Secretary of Education and the Secretary of Health and Human Services shall enter into a memorandum of understanding for the purpose of exchanging data of mutual importance, regarding clients of State vocational rehabilitation agencies, that are contained in databases maintained by the Rehabilitation Services Administration, as required under section 13 of the Rehabilitation Act of 1973 ([former] 29 U.S.C. 712), and the Social Security Administration, from its Summary Earnings and Records and Master Beneficiary Records. For purposes of the exchange, the Social Security data shall not be considered tax information and, as appropriate, the confidentiality of all client information shall be maintained by both agencies.”
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# 29 U.S.C. § 711 - Evaluation
## Text
(a) Statement of purpose; standards; persons eligible to conduct evaluations For the purpose of improving program management and effectiveness, the Secretary of Education, in consultation with the Commissioner, shall evaluate all the programs authorized by this chapter, their general effectiveness in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, using appropriate methodology and evaluative research designs. The Secretary of Education shall establish and use standards for the evaluations required by this subsection. Such an evaluation shall be conducted by a person not immediately involved in the administration of the program evaluated.
(b) Opinions of participants; data as property of United States; availability of information (1) In carrying out evaluations under this section, the Secretary of Education shall obtain the opinions of program and project participants about the strengths and weaknesses of the programs and projects.
(2) The Secretary of Education shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds under this chapter shall become the property of the United States.
(3) Such information as the Secretary of Education may determine to be necessary for purposes of the evaluations conducted under this section shall be made available upon request of the Secretary of Education, by the departments and agencies of the executive branch.
(c) Longitudinal study (1) To assess the linkages between vocational rehabilitation services and economic and noneconomic outcomes, the Secretary of Education shall continue to conduct a longitudinal study of a national sample of applicants for the services.
(2) The study shall address factors related to attrition and completion of the program through which the services are provided and factors within and outside the program affecting results. Appropriate comparisons shall be used to contrast the experiences of similar persons who do not obtain the services.
(3) The study shall be planned to cover the period beginning on the application of individuals with disabilities for the services, through the eligibility determination and provision of services for the individuals, and a further period of not less than 2 years after the termination of services.
(d) Information on exemplary practices (1) The Commissioner shall identify and disseminate information on exemplary practices concerning vocational rehabilitation.
(2) To facilitate compliance with paragraph (1), the Commissioner shall conduct studies and analyses that identify exemplary practices concerning vocational rehabilitation, including studies in areas relating to providing informed choice in the rehabilitation process, promoting consumer satisfaction, promoting job placement and retention, providing supported employment, providing services to particular disability populations, financing personal assistance services, providing assistive technology devices and assistive technology services, entering into cooperative agreements, establishing standards and certification for community rehabilitation programs, converting from nonintegrated to competitive integrated employment, and providing caseload management.
(e) Authorities and responsibilities of Secretary of Education and Commissioner (1) The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (a) and (b).
(2) The Administrator of the Administration for Community Living may carry out the authorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and (d)(1), except that, for purposes of applying those subsections, a reference in those subsections to exemplary practices shall be considered to be a reference to exemplary practices concerning independent living services and centers for independent living.
(f) References to “this chapter” (1) In subsections (a) through (d), a reference to “this chapter” means a provision of this chapter that the Secretary of Education has authority to carry out; and
(2) In subsection (e), for purposes of applying subsections (a), (b), and (d), a reference in those subsections to “this chapter” means a provision of this chapter that the Secretary of Health and Human Services has authority to carry out.
(g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary.
(Pub. L. 93–112, § 14, formerly § 12, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110; renumbered § 14, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 407(a), July 22, 2014, 128 Stat. 1638.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 713 of this title prior to repeal by Pub. L. 105–220. A prior section 711, Pub. L. 93–112, § 12, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2985; amended Pub. L. 99–506, title I, § 104, title X, § 1001(a)(4), Oct. 21, 1986, 100 Stat. 1811, 1841; Pub. L. 100–630, title II, § 201(e), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–569, title I, § 105, Oct. 29, 1992, 106 Stat. 4361, related to administration of this chapter, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 709 of this title. A prior section 14 of Pub. L. 93–112 was renumbered section 16 and is classified to section 713 of this title. Another prior section 14 of Pub. L. 93–112 was classified to section 713 of this title prior to repeal by Pub. L. 105–220.
Amendments2014—Pub. L. 113–128, § 407(a)(1), inserted “of Education” after “Secretary” wherever appearing. Subsec. (b). Pub. L. 113–128, § 407(a)(3)(A)–(C), designated existing provisions as par. (1), redesignated subsec. (c) as par. (2), and redesignated subsec. (d) as par. (3). Subsecs. (c), (d). Pub. L. 113–128, § 407(a)(3)(D), redesignated subsecs. (e) and (f) as (c) and (d), respectively. Former subsecs. (c) and (d) redesignated pars. (2) and (3), respectively, of subsec. (b). Subsecs. (e), (f). Pub. L. 113–128, § 407(a)(4), added subsecs. (e) and (f). Former subsecs. (e) and (f) redesignated (c) and (d), respectively. Subsec. (f)(2). Pub. L. 113–128, § 407(a)(2), inserted “competitive” after “nonintegrated to”.
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# 29 U.S.C. § 712 - Information clearinghouse
## Text
(a) Establishment; information and resources for individuals with disabilities The Secretary of Education shall establish a central clearinghouse for information and resource availability for individuals with disabilities which shall provide information and data regarding—
(1) the location, provision, and availability of services and programs for individuals with disabilities, including such information and data provided by State workforce development boards regarding such services and programs authorized under title I of such Act; 11 See References in Text note below.
(2) research and recent medical and scientific developments bearing on disabilities (and their prevention, amelioration, causes, and cures); and
(3) the current numbers of individuals with disabilities and their needs.
The clearinghouse shall also provide any other relevant information and data which the Secretary of Education considers appropriate.
(b) Information and data retrieval system The Commissioner may assist the Secretary of Education to develop within the Department of Education a coordinated system of information and data retrieval, which will have the capacity and responsibility to provide information regarding the information and data referred to in subsection (a) of this section to the Congress, public and private agencies and organizations, individuals with disabilities and their families, professionals in fields serving such individuals, and the general public.
(c) Office of Information and Resources for Individuals with Disabilities The office established to carry out the provisions of this section shall be known as the “Office of Information and Resources for Individuals with Disabilities”.
(d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary.
(Pub. L. 93–112, § 15, formerly § 13, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1113; renumbered § 15, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 407(b), July 22, 2014, 128 Stat. 1639.)
## Notes
Editorial Notes
References in TextSuch Act, referred to in subsec. (a)(1), probably means the Workforce Investment Act of 1998, which is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to former chapter 30 (former § 2801 et seq.) of this title. Pursuant to section 3361(a) of this title, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
Prior ProvisionsProvisions similar to this section were contained in section 714 of this title prior to repeal by Pub. L. 105–220. A prior section 712, Pub. L. 93–112, § 13, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2985; amended Pub. L. 98–221, title I, § 102, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, title I, § 105, Oct. 21, 1986, 100 Stat. 1812; Pub. L. 102–569, title I, §§ 102(p)(4), 106, Oct. 29, 1992, 106 Stat. 4356, 4362; Pub. L. 104–66, title I, § 1042(c), Dec. 21, 1995, 109 Stat. 715, related to reports to President and Congress, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 710 of this title. A prior section 15 of Pub. L. 93–112 was renumbered section 17 and is classified to section 714 of this title. Another prior section 15 of Pub. L. 93–112 was classified to section 714 of this title prior to repeal by Pub. L. 105–220.
Amendments2014—Subsec. (a). Pub. L. 113–128, § 407(b)(1)(A), inserted “of Education” after “Secretary” in introductory and concluding provisions. Subsec. (a)(1). Pub. L. 113–128, § 407(b)(1)(B), substituted “State workforce development boards” for “State workforce investment boards”. Subsec. (b). Pub. L. 113–128, § 407(b)(2), substituted “Secretary of Education” for “Secretary”.
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# 29 U.S.C. § 713 - Transfer of funds
## Text
(a) Except as provided in subsection (b) of this section, no funds appropriated under this chapter for any program or activity may be used for any purpose other than that for which the funds were specifically authorized.
(b) No more than 1 percent of funds appropriated for discretionary grants, contracts, or cooperative agreements authorized by this chapter may be used for the purpose of providing non-Federal panels of experts to review applications for such grants, contracts, or cooperative agreements.
(Pub. L. 93–112, § 16, formerly § 14, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1113; renumbered § 16, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 715 of this title prior to repeal by Pub. L. 105–220. A prior section 713, Pub. L. 93–112, § 14, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2986; amended Pub. L. 98–221, title I, § 103, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, title I, §§ 103(d)(2)(C), 106, title X, § 1001(a)(5), Oct. 21, 1986, 100 Stat. 1810, 1812, 1841; Pub. L. 100–630, title II, § 201(f), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–569, title I, §§ 102(p)(5), 107, Oct. 29, 1992, 106 Stat. 4356, 4362, related to program and project evaluation, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 711 of this title. A prior section 16 of Pub. L. 93–112 was renumbered section 18 and is classified to section 715 of this title. Another prior section 16 of Pub. L. 93–112 was classified to section 715 of this title prior to repeal by Pub. L. 105–220.
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# 29 U.S.C. § 714 - State administration
## Text
The application of any State rule or policy relating to the administration or operation of programs funded by this chapter (including any rule or policy based on State interpretation of any Federal law, regulation, or guideline) shall be identified as a State imposed requirement.
(Pub. L. 93–112, § 17, formerly § 15, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1114; renumbered § 17, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 716 of this title prior to repeal by Pub. L. 105–220. A prior section 714, Pub. L. 93–112, § 15, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2986; amended Pub. L. 96–374, title XIII, § 1322, Oct. 3, 1980, 94 Stat. 1499; Pub. L. 98–221, title I, § 104(a)(1), Feb. 22, 1984, 98 Stat. 18; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 102–569, title I, § 102(p)(6), Oct. 29, 1992, 106 Stat. 4356, related to information clearinghouse, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 712 of this title. A prior section 17 of Pub. L. 93–112 was renumbered section 19 and is classified to section 716 of this title. Another prior section 17 of Pub. L. 93–112 was classified to section 716 of this title prior to repeal by Pub. L. 105–220.
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# 29 U.S.C. § 715 - Review of applications
## Text
Applications for grants in excess of $100,000 in the aggregate authorized to be funded under this chapter, other than grants primarily for the purpose of conducting dissemination or conferences, shall be reviewed by panels of experts which shall include a majority of non-Federal members. Non-Federal members may be provided travel, per diem, and consultant fees not to exceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5.
(Pub. L. 93–112, § 18, formerly § 16, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1114; renumbered § 18, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 717 of this title prior to repeal by Pub. L. 105–220. A prior section 715, Pub. L. 93–112, § 16, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2987; amended Pub. L. 99–506, title I, § 107, Oct. 21, 1986, 100 Stat. 1812; Pub. L. 102–569, title I, § 108(a), Oct. 29, 1992, 106 Stat. 4363, related to transfer of funds, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 713 of this title. A prior section 18 of Pub. L. 93–112 was renumbered section 20 and is classified to section 717 of this title. Another prior section 18 of Pub. L. 93–112 was classified to section 717 of this title prior to repeal by Pub. L. 105–220.
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# 29 U.S.C. § 716 - Carryover
## Text
(a) In general Except as provided in subsection (b), and notwithstanding any other provision of law—
(1) any funds appropriated for a fiscal year to carry out any grant program under part B of subchapter I, section 794e of this title (except as provided in section 794e(b) of this title), subchapter VI, subpart 2 or 3 of part A of subchapter VII, or part B of subchapter VII (except as provided in section 796k(b) of this title), including any funds reallotted under any such grant program, that are not obligated and expended by recipients prior to the beginning of the succeeding fiscal year; or
(2) any amounts of program income, including reimbursement payments under the Social Security Act (42 U.S.C. 301 et seq.), received by recipients under any grant program specified in paragraph (1) that are not obligated and expended by recipients prior to the beginning of the fiscal year succeeding the fiscal year in which such amounts were received,
shall remain available for obligation and expenditure by such recipients during such succeeding fiscal year.
(b) Non-Federal share Such funds shall remain available for obligation and expenditure by a recipient as provided in subsection (a) only to the extent that the recipient complied with any Federal share requirements applicable to the program for the fiscal year for which the funds were appropriated.
(Pub. L. 93–112, § 19, formerly § 17, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1114; renumbered § 19 and amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1), (b)(4)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–413; Pub. L. 113–128, title IV, § 408, July 22, 2014, 128 Stat. 1639.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Prior ProvisionsProvisions similar to this section were contained in section 718 of this title prior to repeal by Pub. L. 105–220. A prior section 716, Pub. L. 93–112, § 17, as added Pub. L. 99–506, title I, § 108(a), Oct. 21, 1986, 100 Stat. 1812, related to State administration, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 714 of this title. A prior section 19 of Pub. L. 93–112 was renumbered section 21 and is classified to section 718 of this title. Another prior section 19 of Pub. L. 93–112 was classified to section 718 of this title prior to repeal by Pub. L. 105–220.
Amendments2014—Subsec. (a)(1). Pub. L. 113–128 substituted “subchapter VI” for “part B of subchapter VI”. 1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(4)], made technical amendment in the original to section designation and catchline.
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# 29 U.S.C. § 717 - Client assistance information
## Text
All programs, including community rehabilitation programs, and projects, that provide services to individuals with disabilities under this chapter shall advise such individuals who are applicants for or recipients of the services, or the applicants’ representatives or individuals’ representatives, of the availability and purposes of the client assistance program under section 732 of this title, including information on means of seeking assistance under such program.
(Pub. L. 93–112, § 20, formerly § 18, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1114; renumbered § 20 and amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1), (b)(5)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–413.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 718a of this title prior to repeal by Pub. L. 105–220. A prior section 717, Pub. L. 93–112, § 18, as added Pub. L. 99–506, title I, § 109(a), Oct. 21, 1986, 100 Stat. 1813; amended Pub. L. 100–630, title II, § 201(g), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–569, title I, § 108(b), Oct. 29, 1992, 106 Stat. 4363, related to review of applications, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 715 of this title. A prior section 20 of Pub. L. 93–112 was classified to section 718a of this title prior to repeal by Pub. L. 105–220.
Amendments1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(5)], made technical amendment to section designation and catchline in the original.
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# 29 U.S.C. § 718 - Traditionally underserved populations
## Text
(a) Findings With respect to the programs authorized in subchapters II through VII, the Congress finds as follows:
(1) Racial profile The demographic profile of America is rapidly changing. While the percentage increase from 2000 to 2010 for white Americans was 9.7 percent, the percentage increase for racial and ethnic minorities was much higher: 43.0 percent for Latinos, 12.3 percent for African-Americans, and 43.2 percent for Asian-Americans.
(2) Rate of disability Ethnic and racial minorities tend to have disabling conditions at a disproportionately high rate. In 2011—
(A) among Americans ages 16 through 64, the rate of disability was 12.1 percent;
(B) among African-Americans in that age range, the disability rate was more than twice as high, at 27.1 percent; and
(C) for American Indians and Alaska Natives in the same age range, the disability rate was also more than twice as high, at 27.0 percent.
(3) Inequitable treatment Patterns of inequitable treatment of minorities have been documented in all major junctures of the vocational rehabilitation process. As compared to white Americans, a larger percentage of African-American applicants to the vocational rehabilitation system is denied acceptance. Of applicants accepted for service, a larger percentage of African-American cases is closed without being rehabilitated. Minorities are provided less training than their white counterparts. Consistently, less money is spent on minorities than on their white counterparts.
(4) Recruitment Recruitment efforts within vocational rehabilitation at the level of preservice training, continuing education, and in-service training must focus on bringing larger numbers of minorities into the profession in order to provide appropriate practitioner knowledge, role models, and sufficient manpower to address the clearly changing demography of vocational rehabilitation.
(b) Outreach to minorities (1) In general For each fiscal year, the Commissioner and the Director of the National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this subsection as the “Director”) shall reserve 1 percent of the funds appropriated for the fiscal year for programs authorized under subchapters II, III, VI, and VII to carry out this subsection. The Commissioner and the Director shall use the reserved funds to carry out one or more of the activities described in paragraph (2) through a grant, contract, or cooperative agreement.
(2) Activities The activities carried out by the Commissioner and the Director shall include one or more of the following:
(A) Making awards to minority entities and Indian tribes to carry out activities under the programs authorized under subchapters II, III, VI, and VII.
(B) Making awards to minority entities and Indian tribes to conduct research, training, technical assistance, or a related activity, to improve services provided under this chapter, especially services provided to individuals from minority backgrounds.
(C) Making awards to entities described in paragraph (3) to provide outreach and technical assistance to minority entities and Indian tribes to promote their participation in activities funded under this chapter, including assistance to enhance their capacity to carry out such activities.
(3) Eligibility To be eligible to receive an award under paragraph (2)(C), an entity shall be a State or a public or private nonprofit agency or organization, such as an institution of higher education or an Indian tribe.
(4) Report In each fiscal year, the Commissioner and the Director shall prepare and submit to Congress a report that describes the activities funded under this subsection for the preceding fiscal year.
(5) Definitions In this subsection:
(A) Historically Black college or university The term “historically Black college or university” means a part B institution, as defined in section 1061(2) of title 20.
(B) Minority entity The term “minority entity” means an entity that is a historically Black college or university, a Hispanic-serving institution of higher education, an American Indian tribal college or university, or another institution of higher education whose minority student enrollment is at least 50 percent.
(c) Demonstration In awarding grants, or entering into contracts or cooperative agreements under subchapters I, II, III, VI, and VII of this chapter, and section 794e of this title, the Commissioner and the Director of the National Institute on Disability, Independent Living, and Rehabilitation Research, in appropriate cases, shall require applicants to demonstrate how the applicants will address, in whole or in part, the needs of individuals with disabilities from minority backgrounds.
(Pub. L. 93–112, § 21, formerly § 19, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1115; renumbered § 21 and amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1), (b)(6), (c)(3)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–413, 2681–415; Pub. L. 113–128, title IV, § 409, July 22, 2014, 128 Stat. 1639.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 718b of this title prior to repeal by Pub. L. 105–220. Prior sections 718 to 718b were repealed by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. Section 718, Pub. L. 93–112, § 19, as added Pub. L. 102–569, title I, § 109(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub. L. 103–73, title I, § 104, Aug. 11, 1993, 107 Stat. 719, related to carryover of funds. See section 716 of this title. Section 718a, Pub. L. 93–112, § 20, as added Pub. L. 102–569, title I, § 110(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub. L. 103–73, title I, § 105, Aug. 11, 1993, 107 Stat. 719, related to client assistance information. See section 717 of this title. Section 718b, Pub. L. 93–112, § 21, as added Pub. L. 102–569, title I, § 111(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub. L. 103–73, title I, § 106, Aug. 11, 1993, 107 Stat. 719, related to traditionally underserved populations.
Amendments2014—Subsec. (a)(1). Pub. L. 113–128, § 409(1)(A), in first sentence, substituted “demographic” for “racial”; in second sentence, substituted “While the percentage increase from 2000 to 2010” for “While the rate of increase”, “was 9.7” for “is 3.2”, “percentage increase for racial” for “rate of increase for racial”, “was much” for “is much”, “43.0” for “38.6”, “12.3” for “14.6”, and “43.2” for “40.1” and struck out “and other ethnic groups” before period at end; and struck out last sentence which read as follows: “By the year 2000, the Nation will have 260,000,000 people, one of every three of whom will be either African-American, Latino, or Asian-American.” Subsec. (a)(2). Pub. L. 113–128, § 409(1)(B), substituted “In 2011—” and subpars. (A) to (C) for second and third sentences which read as follows: “The rate of work-related disability for American Indians is about one and one-half times that of the general population. African-Americans are also one and one-half times more likely to be disabled than whites and twice as likely to be significantly disabled.” Subsec. (b)(1). Pub. L. 113–128, § 409(2), substituted “National Institute on Disability, Independent Living, and Rehabilitation Research” for “National Institute on Disability and Rehabilitation Research”. Subsec. (c). Pub. L. 113–128, § 409(3), substituted “Director of the National Institute on Disability, Independent Living, and Rehabilitation Research” for “Director”. 1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(6)], made technical amendment in original to section designation and catchline. Subsec. (a)(3). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(3)], substituted “is denied” for “are denied” and “is closed” for “are closed”.
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# 29 U.S.C. § 720 - Declaration of policy; authorization of appropriations
## Text
(a) Findings; purpose; policy (1) Findings Congress finds that—
(A) work—
(i) is a valued activity, both for individuals and society; and
(ii) fulfills the need of an individual to be productive, promotes independence, enhances self-esteem, and allows for participation in the mainstream of life in the United States;
(B) as a group, individuals with disabilities experience staggering levels of unemployment and poverty;
(C) individuals with disabilities, including individuals with the most significant disabilities, have demonstrated their ability to achieve gainful employment in competitive integrated employment settings if appropriate services and supports are provided;
(D) reasons for significant numbers of individuals with disabilities not working, or working at levels not commensurate with their abilities and capabilities, include—
(i) discrimination;
(ii) lack of accessible and available transportation;
(iii) fear of losing health coverage under the Medicare and Medicaid programs carried out under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq. and 1396 et seq.) or fear of losing private health insurance; and
(iv) lack of education, training, and supports to meet job qualification standards necessary to secure, retain, regain, or advance in employment;
(E) enforcement of subchapter V and of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) holds the promise of ending discrimination for individuals with disabilities;
(F) the provision of workforce development activities and vocational rehabilitation services can enable individuals with disabilities, including individuals with the most significant disabilities, to pursue meaningful careers by securing gainful employment commensurate with their abilities and capabilities; and
(G) linkages between the vocational rehabilitation programs established under this subchapter and other components of the statewide workforce development systems are critical to ensure effective and meaningful participation by individuals with disabilities in workforce development activities.
(2) Purpose The purpose of this subchapter is to assist States in operating statewide comprehensive, coordinated, effective, efficient, and accountable programs of vocational rehabilitation, each of which is—
(A) an integral part of a statewide workforce development system; and
(B) designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, informed choice, and economic self-sufficiency, so that such individuals may prepare for and engage in gainful employment.
(3) Policy It is the policy of the United States that such a program shall be carried out in a manner consistent with the following principles:
(A) Individuals with disabilities, including individuals with the most significant disabilities, are generally presumed to be capable of engaging in gainful employment and the provision of individualized vocational rehabilitation services can improve their ability to become gainfully employed.
(B) Individuals with disabilities must be provided the opportunities to obtain competitive integrated employment.
(C) Individuals who are applicants for such programs or eligible to participate in such programs must be active and full partners in the vocational rehabilitation process, making meaningful and informed choices—
(i) during assessments for determining eligibility and vocational rehabilitation needs; and
(ii) in the selection of employment outcomes for the individuals, services needed to achieve the outcomes, entities providing such services, and the methods used to secure such services.
(D) Families and other natural supports can play important roles in the success of a vocational rehabilitation program, if the individual with a disability involved requests, desires, or needs such supports.
(E) Vocational rehabilitation counselors that are trained and prepared in accordance with State policies and procedures as described in section 721(a)(7)(B) of this title (referred to individually in this subchapter as a “qualified vocational rehabilitation counselor”), other qualified rehabilitation personnel, and other qualified personnel should facilitate the accomplishment of the employment outcomes and objectives of an individual.
(F) Individuals with disabilities and the individuals’ representatives are full partners in a vocational rehabilitation program and must be involved on a regular basis and in a meaningful manner with respect to policy development and implementation.
(G) Accountability measures must facilitate the accomplishment of the goals and objectives of the program, including providing vocational rehabilitation services to, among others, individuals with the most significant disabilities.
(b) Authorization of appropriations (1) In general For the purpose of making grants to States under part B to assist States in meeting the costs of vocational rehabilitation services provided in accordance with State plans under section 721 of this title, there are authorized to be appropriated $3,302,053,000 for each of the fiscal years 2015 through 2020, except that the amount to be appropriated for a fiscal year shall not be less than the amount of the appropriation under this paragraph for the immediately preceding fiscal year, increased by the percentage change in the Consumer Price Index determined under subsection (c) for the immediately preceding fiscal year.
(2) Reference The reference in paragraph (1) to grants to States under part B shall not be considered to refer to grants under section 732 of this title.
(c) Consumer Price Index (1) Percentage change No later than November 15 of each fiscal year (beginning with fiscal year 1979), the Secretary of Labor shall publish in the Federal Register the percentage change in the Consumer Price Index published for October of the preceding fiscal year and October of the fiscal year in which such publication is made.
(2) Application (A) Increase If in any fiscal year the percentage change published under paragraph (1) indicates an increase in the Consumer Price Index, then the amount to be appropriated under subsection (b)(1) for the subsequent fiscal year shall be at least the amount appropriated under subsection (b)(1) for the fiscal year in which the publication is made under paragraph (1) increased by such percentage change.
(B) No increase or decrease If in any fiscal year the percentage change published under paragraph (1) does not indicate an increase in the Consumer Price Index, then the amount to be appropriated under subsection (b)(1) for the subsequent fiscal year shall be at least the amount appropriated under subsection (b)(1) for the fiscal year in which the publication is made under paragraph (1).
(3) Definition For purposes of this section, the term “Consumer Price Index” means the Consumer Price Index for All Urban Consumers, published monthly by the Bureau of Labor Statistics.
(d) Extension (1) In general (A) Authorization or duration of program Unless the Congress in the regular session which ends prior to the beginning of the terminal fiscal year—
(i) of the authorization of appropriations for the program authorized by the State grant program under part B of this subchapter; or
(ii) of the duration of the program authorized by the State grant program under part B of this subchapter;
has passed legislation which would have the effect of extending the authorization or duration (as the case may be) of such program, such authorization or duration is automatically extended for 1 additional year for the program authorized by this subchapter.
(B) Calculation The amount authorized to be appropriated for the additional fiscal year described in subparagraph (A) shall be an amount equal to the amount appropriated for such program for fiscal year 2003, increased by the percentage change in the Consumer Price Index determined under subsection (c) for the immediately preceding fiscal year, if the percentage change indicates an increase.
(2) Construction (A) Passage of legislation For the purposes of paragraph (1)(A), Congress shall not be deemed to have passed legislation unless such legislation becomes law.
(B) Acts or determinations of Commissioner In any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain determinations which are necessary for the continuation of the program authorized by this subchapter, if such acts or determinations are required during the terminal year of such program, such acts and determinations shall be required during any fiscal year in which the extension described in that part of paragraph (1) that follows clause (ii) of paragraph (1)(A) is in effect.
(Pub. L. 93–112, title I, § 100, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1116; amended Pub. L. 113–128, title IV, § 411, July 22, 2014, 128 Stat. 1640.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a)(1)(D)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (a)(1)(E), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 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.
Prior ProvisionsA prior section 720, Pub. L. 93–112, title I, § 100, Sept. 26, 1973, 87 Stat. 363; Pub. L. 93–516, title I, § 102(a), Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 102(a), Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, §§ 2(a), 11(b)(2), (3), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 95–602, title I, § 101(a), (b), Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98–221, title I, § 111(a)–(d), Feb. 22, 1984, 98 Stat. 19; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 201, Oct. 21, 1986, 100 Stat. 1810, 1813; Pub. L. 100–630, title II, § 202(a), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–52, § 2(a), (b)(1), June 6, 1991, 105 Stat. 260; Pub. L. 102–569, title I, § 121(a), (b), Oct. 29, 1992, 106 Stat. 4365, 4367, related to congressional findings, purpose, policy, authorization of appropriations, change in Consumer Price Index, and extension of program, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Subsec. (a)(1)(C). Pub. L. 113–128, § 411(a)(1)(A), substituted “competitive integrated employment” for “integrated”. Subsec. (a)(1)(D)(iii). Pub. L. 113–128, § 411(a)(1)(B), substituted “Medicare and Medicaid” for “medicare and medicaid”. Subsec. (a)(1)(F). Pub. L. 113–128, § 411(a)(1)(C), substituted “development” for “investment”. Subsec. (a)(1)(G). Pub. L. 113–128, § 411(a)(1)(D), substituted “workforce development systems” for “workforce investment systems” and “workforce development activities” for “workforce investment activities”. Subsec. (a)(2)(A). Pub. L. 113–128, § 411(a)(2)(A), substituted “workforce development system” for “workforce investment system”. Subsec. (a)(2)(B). Pub. L. 113–128, § 411(a)(2)(B), substituted “informed choice, and economic self-sufficiency,” for “and informed choice,”. Subsec. (a)(3)(B). Pub. L. 113–128, § 411(a)(3)(A), substituted “competitive integrated employment” for “gainful employment in integrated settings”. Subsec. (a)(3)(E). Pub. L. 113–128, § 411(a)(3)(B), inserted “should” before “facilitate the accomplishment”. Subsec. (b)(1). Pub. L. 113–128, § 411(b), substituted “$3,302,053,000 for each of the fiscal years 2015 through 2020” for “such sums as may be necessary for fiscal years 1999 through 2003”.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 723 - Vocational rehabilitation services
## Text
(a) Vocational rehabilitation services for individuals Vocational rehabilitation services provided under this subchapter are any services described in an individualized plan for employment necessary to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, including—
(1) an assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;
(2) counseling and guidance, including information and support services to assist an individual in exercising informed choice consistent with the provisions of section 722(d) of this title;
(3) referral and other services to secure needed services from other agencies through agreements developed under section 721(a)(11) of this title, if such services are not available under this subchapter;
(4) job-related services, including job search and placement assistance, job retention services, followup services, and follow-along services;
(5) vocational and other training services, including the provision of personal and vocational adjustment services, books, tools, and other training materials, except that no training services provided at an institution of higher education shall be paid for with funds under this subchapter unless maximum efforts have been made by the designated State unit and the individual to secure grant assistance, in whole or in part, from other sources to pay for such training;
(6) to the extent that financial support is not readily available from a source (such as through health insurance of the individual or through comparable services and benefits consistent with section 721(a)(8)(A) of this title), other than the designated State unit, diagnosis and treatment of physical and mental impairments, including—
(A) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that constitutes a substantial impediment to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or reduce such impediment to employment within a reasonable length of time;
(B) necessary hospitalization in connection with surgery or treatment;
(C) prosthetic and orthotic devices;
(D) eyeglasses and visual services as prescribed by qualified personnel who meet State licensure laws and who are selected by the individual;
(E) special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the treatment of individuals with end-stage renal disease; and
(F) diagnosis and treatment for mental and emotional disorders by qualified personnel who meet State licensure laws;
(7) maintenance for additional costs incurred while participating in an assessment for determining eligibility and vocational rehabilitation needs or while receiving services under an individualized plan for employment;
(8) transportation, including adequate training in the use of public transportation vehicles and systems, that is provided in connection with the provision of any other service described in this section and needed by the individual to achieve an employment outcome;
(9) on-the-job or other related personal assistance services provided while an individual is receiving other services described in this section;
(10) interpreter services provided by qualified personnel for individuals who are deaf or hard of hearing, and reader services for individuals who are determined to be blind, after an examination by qualified personnel who meet State licensure laws;
(11) rehabilitation teaching services, and orientation and mobility services, for individuals who are blind;
(12) occupational licenses, tools, equipment, and initial stocks and supplies;
(13) technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent such resources are authorized to be provided through the statewide workforce development system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome;
(14) rehabilitation technology, including telecommunications, sensory, and other technological aids and devices;
(15) transition services for students with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services;
(16) supported employment services;
(17) customized employment;
(18) encouraging qualified individuals who are eligible to receive services under this subchapter to pursue advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business;
(19) services to the family of an individual with a disability necessary to assist the individual to achieve an employment outcome; and
(20) specific post-employment services necessary to assist an individual with a disability to, retain, regain, or advance in employment.
(b) Vocational rehabilitation services for groups of individuals Vocational rehabilitation services provided for the benefit of groups of individuals with disabilities may also include the following:
(1) In the case of any type of small business operated by individuals with significant disabilities the operation of which can be improved by management services and supervision provided by the designated State agency, the provision of such services and supervision, along or together with the acquisition by the designated State agency of vending facilities or other equipment and initial stocks and supplies.
(2) The establishment, development, or improvement of community rehabilitation programs, including, under special circumstances, the construction of a facility. Such programs shall be used to provide services described in this section that promote integration into the community and that prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment.
(3) The use of telecommunications systems (including telephone, television, satellite, radio, and other similar systems) that have the potential for substantially improving delivery methods of activities described in this section and developing appropriate programming to meet the particular needs of individuals with disabilities.
(4) (A) Special services to provide nonvisual access to information for individuals who are blind, including the use of telecommunications, Braille, sound recordings, or other appropriate media.
(B) Captioned television, films, or video cassettes for individuals who are deaf or hard of hearing.
(C) Tactile materials for individuals who are deaf-blind.
(D) Other special services that provide information through tactile, vibratory, auditory, and visual media.
(5) Technical assistance to businesses that are seeking to employ individuals with disabilities.
(6) Consultation and technical assistance services to assist State educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life, including employment.
(7) Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation counselor works in concert with educational agencies, providers of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), entities designated by the State to provide services for individuals with developmental disabilities, centers for independent living (as defined in section 796a of this title), housing and transportation authorities, workforce development systems, and businesses and employers.
(8) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) to promote access to assistive technology for individuals with disabilities and employers.
(9) Support (including, as appropriate, tuition) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business, provided after an individual eligible to receive services under this subchapter, demonstrates—
(A) such eligibility;
(B) previous completion of a bachelor’s degree program at an institution of higher education or scheduled completion of such degree program prior to matriculating in the program for which the individual proposes to use the support; and
(C) acceptance by a program at an institution of higher education in the United States that confers a master’s degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor degree, a master of business administration degree, or a doctor of medicine degree,
except that the limitations of subsection (a)(5) that apply to training services shall apply to support described in this paragraph, and nothing in this paragraph shall prevent any designated State unit from providing similar support to individuals with disabilities within the State who are eligible to receive support under this subchapter and who are not served under this paragraph.
(Pub. L. 93–112, title I, § 103, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1148; amended Pub. L. 113–128, title IV, § 414, July 22, 2014, 128 Stat. 1652.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (b)(7), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) 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 Assistive Technology Act of 1998, referred to in subsec. (b)(8), is Pub. L. 105–394, Nov. 13, 1998, 112 Stat. 3627, which is classified principally to chapter 31 (§ 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.
Prior ProvisionsA prior section 723, Pub. L. 93–112, title I, § 103, Sept. 26, 1973, 87 Stat. 368; Pub. L. 95–602, title I, § 104, Nov. 6, 1978, 92 Stat. 2960; Pub. L. 99–506, title I, § 103(d)(2), title II, § 204, Oct. 21, 1986, 100 Stat. 1810, 1817; Pub. L. 100–630, title II, § 202(d), Nov. 7, 1988, 102 Stat. 3305; Pub. L. 102–569, title I, §§ 102(p)(9), 124, Oct. 29, 1992, 106 Stat. 4357, 4379; Pub. L. 103–73, title I, § 107(c), Aug. 11, 1993, 107 Stat. 721, related to scope of vocational rehabilitation services, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Subsec. (a)(13). Pub. L. 113–128, § 414(1)(A), substituted “workforce development system” for “workforce investment system”. Subsec. (a)(15). Pub. L. 113–128, § 414(1)(B), added par. (15) and struck out former par. (15) which read as follows: “transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment;”. Subsec. (a)(17) to (20). Pub. L. 113–128, § 414(1)(C), (D), added pars. (17) and (18) and redesignated former pars. (17) and (18) as (19) and (20), respectively. Subsec. (b)(2). Pub. L. 113–128, § 414(2)(A), struck out subpar. (A) designation, substituted “Such programs shall be used to provide services described in this section that promote integration into the community and that prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment.” for “Such programs shall be used to provide services that promote integration and competitive employment.”, and struck out subpar. (B) which read as follows: “The provision of other services, that promise to contribute substantially to the rehabilitation of a group of individuals but that are not related directly to the individualized plan for employment of any 1 individual with a disability.” Subsec. (b)(5). Pub. L. 113–128, § 414(2)(B), added par. (5) and struck out former par. (5) which read as follows: “Technical assistance and support services to businesses that are not subject to title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and that are seeking to employ individuals with disabilities.” Subsec. (b)(6) to (9). Pub. L. 113–128, § 414(2)(C), added pars. (6) to (9) and struck out former par. (6) which read as follows: “Consultative and technical assistance services to assist educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment.”
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 724 - Non-Federal share for establishment of program or construction
## Text
For the purpose of determining the amount of payments to States for carrying out part B (or to an Indian tribe under part C), the non-Federal share, subject to such limitations and conditions as may be prescribed in regulations by the Commissioner, shall include contributions of funds made by any private agency, organization, or individual to a State or local agency to assist in meeting the costs of establishment of a community rehabilitation program or construction, under special circumstances, of a facility for such a program, which would be regarded as State or local funds except for the condition, imposed by the contributor, limiting use of such funds to establishment of such a program or construction of such a facility.
(Pub. L. 93–112, title I, § 104, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1151.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 724, Pub. L. 93–112, title I, § 104, Sept. 26, 1973, 87 Stat. 370; Pub. L. 95–602, title I, § 122(b)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title II, § 205, Oct. 21, 1986, 100 Stat. 1817; Pub. L. 102–569, title I, § 125, Oct. 29, 1992, 106 Stat. 4381, related to non-Federal share for construction, prior to the general amendment of this subchapter by Pub. L. 105–220.
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# 29 U.S.C. § 725 - State Rehabilitation Council
## Text
(a) Establishment (1) In general Except as provided in section 721(a)(21)(A)(i) of this title, to be eligible to receive financial assistance under this subchapter a State shall establish a State Rehabilitation Council (referred to in this section as the “Council”) in accordance with this section.
(2) Separate agency for individuals who are blind A State that designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind under section 721(a)(2)(A)(i) of this title may establish a separate Council in accordance with this section to perform the duties of such a Council with respect to such State agency.
(b) Composition and appointment (1) Composition (A) In general Except in the case of a separate Council established under subsection (a)(2), the Council shall be composed of—
(i) at least one representative of the Statewide Independent Living Council established under section 796d of this title, which representative may be the chairperson or other designee of the Council;
(ii) at least one representative of a parent training and information center established pursuant to section 671 of the Individuals with Disabilities Education Act [20 U.S.C. 1471];
(iii) at least one representative of the client assistance program established under section 732 of this title;
(iv) at least one qualified vocational rehabilitation counselor, with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex officio, nonvoting member of the Council if the counselor is an employee of the designated State agency;
(v) at least one representative of community rehabilitation program service providers;
(vi) four representatives of business, industry, and labor;
(vii) representatives of disability advocacy groups representing a cross section of—
(I) individuals with physical, cognitive, sensory, and mental disabilities; and
(II) individuals’ representatives of individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves;
(viii) current or former applicants for, or recipients of, vocational rehabilitation services;
(ix) in a State in which one or more projects are funded under section 741 of this title, at least one representative of the directors of the projects located in such State;
(x) at least one representative of the State educational agency responsible for the public education of students with disabilities who are eligible to receive services under this subchapter and part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.]; and
(xi) at least one representative of the State workforce development board.
(B) Separate Council In the case of a separate Council established under subsection (a)(2), the Council shall be composed of—
(i) at least one representative described in subparagraph (A)(i);
(ii) at least one representative described in subparagraph (A)(ii);
(iii) at least one representative described in subparagraph (A)(iii);
(iv) at least one vocational rehabilitation counselor described in subparagraph (A)(iv), who shall serve as described in such subparagraph;
(v) at least one representative described in subparagraph (A)(v);
(vi) four representatives described in subparagraph (A)(vi);
(vii) at least one representative of a disability advocacy group representing individuals who are blind;
(viii) at least one individual’s representative, of an individual who—
(I) is an individual who is blind and has multiple disabilities; and
(II) has difficulty in representing himself or herself or is unable due to disabilities to represent himself or herself;
(ix) applicants or recipients described in subparagraph (A)(viii);
(x) in a State described in subparagraph (A)(ix), at least one representative described in such subparagraph;
(xi) at least one representative described in subparagraph (A)(x); and
(xii) at least one representative described in subparagraph (A)(xi).
(C) Exception In the case of a separate Council established under subsection (a)(2), any Council that is required by State law, as in effect on October 29, 1992, to have fewer than 15 members shall be deemed to be in compliance with subparagraph (B) if the Council—
(i) meets the requirements of subparagraph (B), other than the requirements of clauses (vi) and (ix) of such subparagraph; and
(ii) includes at least—
(I) one representative described in subparagraph (B)(vi); and
(II) one applicant or recipient described in subparagraph (B)(ix).
(2) Ex officio member The Director of the designated State unit shall be an ex officio, nonvoting member of the Council.
(3) Appointment Members of the Council shall be appointed by the Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this chapter in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. In selecting members, the appointing authority shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council.
(4) Qualifications (A) In general A majority of Council members shall be persons who are—
(i) individuals with disabilities described in section 705(20)(B) of this title; and
(ii) not employed by the designated State unit.
(B) Separate Council In the case of a separate Council established under subsection (a)(2), a majority of Council members shall be persons who are—
(i) blind; and
(ii) not employed by the designated State unit.
(5) Chairperson (A) In general Except as provided in subparagraph (B), the Council shall select a chairperson from among the membership of the Council.
(B) Designation by chief executive officer In States in which the chief executive officer does not have veto power pursuant to State law, the appointing authority described in paragraph (3) shall designate a member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a member.
(6) Terms of appointment (A) Length of term Each member of the Council shall serve for a term of not more than 3 years, except that—
(i) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and
(ii) the terms of service of the members initially appointed shall be (as specified by the appointing authority described in paragraph (3)) for such fewer number of years as will provide for the expiration of terms on a staggered basis.
(B) Number of terms No member of the Council, other than a representative described in clause (iii) or (ix) of paragraph (1)(A), or clause (iii) or (x) of paragraph (1)(B), may serve more than two consecutive full terms.
(7) Vacancies (A) In general Except as provided in subparagraph (B), any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.
(B) Delegation The appointing authority described in paragraph (3) may delegate the authority to fill such a vacancy to the remaining members of the Council after making the original appointment.
(c) Functions of Council The Council shall, after consulting with the State workforce development board—
(1) review, analyze, and advise the designated State unit regarding the performance of the responsibilities of the unit under this subchapter, particularly responsibilities relating to—
(A) eligibility (including order of selection);
(B) the extent, scope, and effectiveness of services provided; and
(C) functions performed by State agencies that affect or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under this subchapter;
(2) in partnership with the designated State unit—
(A) develop, agree to, and review State goals and priorities in accordance with section 721(a)(15)(C) of this title; and
(B) evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the Commissioner in accordance with section 721(a)(15)(E) of this title;
(3) advise the designated State agency and the designated State unit regarding activities authorized to be carried out under this subchapter, and assist in the preparation of the State plan and amendments to the plan, applications, reports, needs assessments, and evaluations required by this subchapter;
(4) to the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with—
(A) the functions performed by the designated State agency;
(B) vocational rehabilitation services provided by State agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals with disabilities under this chapter; and
(C) employment outcomes achieved by eligible individuals receiving services under this subchapter, including the availability of health and other employment benefits in connection with such employment outcomes;
(5) prepare and submit an annual report to the Governor and the Commissioner on the status of vocational rehabilitation programs operated within the State, and make the report available to the public;
(6) to avoid duplication of efforts and enhance the number of individuals served, coordinate activities with the activities of other councils within the State, including the Statewide Independent Living Council established under section 796d of this title, the advisory panel established under section 612(a)(20) of the Individuals with Disabilities Education Act [20 U.S.C. 1412(a)(20)], the State Council on Developmental Disabilities established under section 15025 of title 42, the State mental health planning council established under section 300x–3(a) of title 42 and the State workforce development board, and with the activities of entities carrying out programs under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);
(7) provide for coordination and the establishment of working relationships between the designated State agency and the Statewide Independent Living Council and centers for independent living within the State; and
(8) perform such other functions, consistent with the purpose of this subchapter, as the State Rehabilitation Council determines to be appropriate, that are comparable to the other functions performed by the Council.
(d) Resources (1) Plan The Council shall prepare, in conjunction with the designated State unit, a plan for the provision of such resources, including such staff and other personnel, as may be necessary and sufficient to carry out the functions of the Council under this section. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan.
(2) Resolution of disagreements To the extent that there is a disagreement between the Council and the designated State unit in regard to the resources necessary to carry out the functions of the Council as set forth in this section, the disagreement shall be resolved by the Governor consistent with paragraph (1).
(3) Supervision and evaluation Each Council shall, consistent with State law, supervise and evaluate such staff and other personnel as may be necessary to carry out its functions under this section.
(4) Personnel conflict of interest While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State unit or any other agency or office of the State, that would create a conflict of interest.
(e) Conflict of interest No member of the Council shall cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest under State law.
(f) Meetings The Council shall convene at least four meetings a year in such places as it determines to be necessary to conduct Council business and conduct such forums or hearings as the Council considers appropriate. The meetings, hearings, and forums shall be publicly announced. The meetings shall be open and accessible to the general public unless there is a valid reason for an executive session.
(g) Compensation and expenses The Council may use funds allocated to the Council by the designated State unit under this subchapter (except for funds appropriated to carry out the client assistance program under section 732 of this title and funds reserved pursuant to section 730(c) of this title to carry out part C) to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing the duties of the Council.
(h) Hearings and forums The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council.
(Pub. L. 93–112, title I, § 105, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1151; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(c)(6)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–415; Pub. L. 106–402, title IV, § 401(b)(3)(A), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 108–446, title III, § 305(h)(2), (3), Dec. 3, 2004, 118 Stat. 2805; Pub. L. 113–128, title IV, § 415, July 22, 2014, 128 Stat. 1654.)
## Notes
Editorial Notes
References in TextThe Individuals with Disabilities Education Act, referred to in subsec. (b)(1)(A)(x), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part B of the Act is classified generally to subchapter II (§ 1411 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Assistive Technology Act of 1998, referred to in subsec. (c)(6), is Pub. L. 105–394, Nov. 13, 1998, 112 Stat. 3627, which is classified principally to chapter 31 (§ 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.
Prior ProvisionsA prior section 725, Pub. L. 93–112, title I, § 105, as added Pub. L. 102–569, title I, § 126(a), Oct. 29, 1992, 106 Stat. 4381; amended Pub. L. 103–73, title I, § 107(d)(1), Aug. 11, 1993, 107 Stat. 721, related to State Rehabilitation Advisory Council, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Subsec. (b)(1)(A)(ix). Pub. L. 113–128, § 415(1)(A), added cl. (ix) and struck out former cl. (ix) which read as follows: “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;”. Subsec. (b)(1)(A)(xi). Pub. L. 113–128, § 415(1)(B), substituted “State workforce development board” for “State workforce investment board”. Subsec. (c). Pub. L. 113–128, § 415(2)(A), substituted “State workforce development board” for “State workforce investment board” in introductory provisions. Subsec. (c)(6). Pub. L. 113–128, § 415(2)(B), substituted “section 300x–3(a) of title 42 and the State workforce development board, and with the activities of entities carrying out programs under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.);” for “section 300x–3(a) of title 42, and the State workforce investment board;”. 2004—Subsec. (b)(1)(A)(ii). Pub. L. 108–446, § 305(h)(2), substituted “671 of the Individuals with Disabilities Education Act” for “682(a) of the Individuals with Disabilities Education Act (as added by section 101 of the Individuals with Disabilities Education Act Amendments of 1997; Public Law 105–17)”. Subsec. (c)(6). Pub. L. 108–446, § 305(h)(3), substituted “section 612(a)(20)” for “section 612(a)(21)” and “Individuals with” for “Individual with” and struck out “(as amended by section 101 of the Individuals with Disabilities Education Act Amendments of 1997; Public Law 105–17)” before “, the State Council”. 2000—Subsec. (c)(6). Pub. L. 106–402 substituted “the State Council on Developmental Disabilities established under section 15025 of title 42” for “the State Developmental Disabilities Council described in section 6024 of title 42”. 1998—Subsec. (b)(3). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(6)(A)], substituted “Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this chapter in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity” for “Governor” in first sentence and “appointing authority” for “Governor” in second and third sentences. Subsec. (b)(4)(A)(i). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(6)(B)], substituted “section 705(20)(B)” for “section 705(20)(A)”. Subsec. (b)(5)(B). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(6)(C)], substituted “chief executive officer” for “Governor” in heading and “appointing authority described in paragraph (3) shall” for “Governor shall” in text. Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(6)(D)], substituted “appointing authority described in paragraph (3)” for “Governor”.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 726 - Evaluation standards and performance indicators
## Text
(a) In general (1) Standards and indicators The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this subchapter shall be subject to the performance accountability provisions described in section 3141(b) of this title.
(2) Additional performance accountability indicators A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under section 721 of this title.
(b) Compliance (1) State reports In accordance with regulations established by the Secretary, each State shall report to the Commissioner after the end of each fiscal year the extent to which the State is in compliance with the standards and indicators.
(2) Program improvement (A) Plan If the Commissioner determines that the performance of any State is below established standards, the Commissioner shall provide technical assistance to the State, and the State and the Commissioner shall jointly develop a program improvement plan outlining the specific actions to be taken by the State to improve program performance.
(B) Review The Commissioner shall—
(i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State to make further revisions to the plan to improve performance; and
(ii) continue to conduct such reviews and request such revisions until the State sustains satisfactory performance over a period of more than 1 year.
(c) Withholding If the Commissioner determines that a State whose performance falls below the established standards has failed to enter into a program improvement plan, or is not complying substantially with the terms and conditions of such a program improvement plan, the Commissioner shall, consistent with subsections (c) and (d) of section 727 of this title, reduce or make no further payments to the State under this program, until the State has entered into an approved program improvement plan, or satisfies the Commissioner that the State is complying substantially with the terms and conditions of such a program improvement plan, as appropriate.
(d) Report to Congress Beginning in fiscal year 1999, the Commissioner shall include in each annual report to the Congress under section 710 of this title an analysis of program performance, including relative State performance, based on the standards and indicators.
(Pub. L. 93–112, title I, § 106, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1156; amended Pub. L. 113–128, title IV, § 416, July 22, 2014, 128 Stat. 1654.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 726, Pub. L. 93–112, title I, § 106, as added Pub. L. 102–569, title I, § 127(a), Oct. 29, 1992, 106 Stat. 4385, related to evaluation standards and performance indicators, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Subsec. (a). Pub. L. 113–128, § 416(1), added subsec. (a) and struck out former subsec. (a) which provided for the establishment, review, and revision of evaluation standards and performance indicators. Subsec. (b)(2)(B)(i). Pub. L. 113–128, § 416(2), substituted “on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State” for “review the program improvement efforts of the State on a biannual basis and, if necessary, request the State”.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 727 - Monitoring and review
## Text
(a) In general (1) Duties In carrying out the duties of the Commissioner under this subchapter, the Commissioner shall—
(A) provide for the annual review and periodic onsite monitoring of programs under this subchapter; and
(B) determine whether, in the administration of the State plan, a State is complying substantially with the provisions of such plan and with evaluation standards and performance indicators established under section 726 of this title.
(2) Procedures for reviews In conducting reviews under this section the Commissioner shall consider, at a minimum—
(A) State policies and procedures;
(B) guidance materials;
(C) decisions resulting from hearings conducted in accordance with due process;
(D) State goals established under section 721(a)(15) of this title and the extent to which the State has achieved such goals;
(E) plans and reports prepared under section 726(b) of this title;
(F) consumer satisfaction reviews and analyses described in section 725(c)(4) of this title;
(G) information provided by the State Rehabilitation Council established under section 725 of this title, if the State has such a Council, or by the commission described in section 721(a)(21)(A)(i) of this title, if the State has such a commission;
(H) reports; and
(I) budget and financial management data.
(3) Procedures for monitoring In conducting monitoring under this section the Commissioner shall conduct—
(A) onsite visits, including onsite reviews of records to verify that the State is following requirements regarding the order of selection set forth in section 721(a)(5)(A) of this title;
(B) public hearings and other strategies for collecting information from the public;
(C) meetings with the State Rehabilitation Council, if the State has such a Council or with the commission described in section 721(a)(21)(A)(i) of this title, if the State has such a commission;
(D) reviews of individual case files, including individualized plans for employment and ineligibility determinations; and
(E) meetings with qualified vocational rehabilitation counselors and other personnel, including personnel of a client assistance program under section 732 of this title, and past or current recipients of vocational rehabilitation services.
(4) Areas of inquiry In conducting the review and monitoring, the Commissioner shall examine—
(A) the eligibility process, including the process related to the determination of ineligibility under section 722(a)(5) of this title;
(B) the provision of services, including supported employment services and pre-employment transition services, and, if applicable, the order of selection;
(C) such other areas as may be identified by the public or through meetings with the State Rehabilitation Council, if the State has such a Council or with the commission described in section 721(a)(21)(A)(i) of this title, if the State has such a commission;
(D) data reported under section 721(a)(10)(C)(i) of this title; and
(E) such other areas of inquiry as the Commissioner may consider appropriate.
(5) Reports If the Commissioner issues a report detailing the findings of an annual review or onsite monitoring conducted under this section, the report shall be made available to the State Rehabilitation Council, if the State has such a Council, for use in the development and modification of the State plan described in section 721 of this title.
(b) Technical assistance The Commissioner shall—
(1) provide technical assistance to programs under this subchapter regarding improving the quality of vocational rehabilitation services provided;
(2) provide technical assistance and establish a corrective action plan for a program under this subchapter if the Commissioner finds that the program fails to comply substantially with the provisions of the State plan, or with evaluation standards or performance indicators established under section 726 of this title, in order to ensure that such failure is corrected as soon as practicable; and
(3) provide technical assistance to programs under this subchapter to—
(A) promote high-quality employment outcomes for individuals with disabilities;
(B) integrate veterans who are individuals with disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment;
(C) develop, improve, and disseminate information on procedures, practices, and strategies, including for the preparation of personnel, to better enable individuals with intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated employment; and
(D) apply evidence-based findings to facilitate systemic improvements in the transition of youth with disabilities to postsecondary life.
(c) Failure to comply with plan (1) Withholding payments Whenever the Commissioner, after providing reasonable notice and an opportunity for a hearing to the State agency administering or supervising the administration of the State plan approved under section 721 of this title, finds that—
(A) the plan has been so changed that it no longer complies with the requirements of section 721(a) of this title; or
(B) in the administration of the plan there is a failure to comply substantially with any provision of such plan or with an evaluation standard or performance indicator established under section 726 of this title,
the Commissioner shall notify such State agency that no further payments will be made to the State under this subchapter (or, in the discretion of the Commissioner, that such further payments will be reduced, in accordance with regulations the Commissioner shall prescribe, or that further payments will not be made to the State only for the projects under the parts of the State plan affected by such failure), until the Commissioner is satisfied there is no longer any such failure.
(2) Period Until the Commissioner is so satisfied, the Commissioner shall make no further payments to such State under this subchapter (or shall reduce payments or limit payments to projects under those parts of the State plan in which there is no such failure).
(3) Disbursal of withheld funds The Commissioner may, in accordance with regulations the Secretary shall prescribe, disburse any funds withheld from a State under paragraph (1) to any public or nonprofit private organization or agency within such State or to any political subdivision of such State submitting a plan meeting the requirements of section 721(a) of this title. The Commissioner may not make any payment under this paragraph unless the entity to which such payment is made has provided assurances to the Commissioner that such entity will contribute, for purposes of carrying out such plan, the same amount as the State would have been obligated to contribute if the State received such payment.
(d) Review (1) Petition Any State that is dissatisfied with a final determination of the Commissioner under section 721(b) of this title or subsection (c) may file a petition for judicial review of such determination in the United States Court of Appeals for the circuit in which the State is located. Such a petition may be filed only within the 30-day period beginning on the date that notice of such final determination was received by the State. The clerk of the court shall transmit a copy of the petition to the Commissioner or to any officer designated by the Commissioner for that purpose. In accordance with section 2112 of title 28, the Commissioner shall file with the court a record of the proceeding on which the Commissioner based the determination being appealed by the State. Until a record is so filed, the Commissioner may modify or set aside any determination made under such proceedings.
(2) Submissions and determinations If, in an action under this subsection to review a final determination of the Commissioner under section 721(b) of this title or subsection (c), the petitioner or the Commissioner applies to the court for leave to have additional oral submissions or written presentations made respecting such determination, the court may, for good cause shown, order the Commissioner to provide within 30 days an additional opportunity to make such submissions and presentations. Within such period, the Commissioner may revise any findings of fact, modify or set aside the determination being reviewed, or make a new determination by reason of the additional submissions and presentations, and shall file such modified or new determination, and any revised findings of fact, with the return of such submissions and presentations. The court shall thereafter review such new or modified determination.
(3) Standards of review (A) In general Upon the filing of a petition under paragraph (1) for judicial review of a determination, the court shall have jurisdiction—
(i) to grant appropriate relief as provided in chapter 7 of title 5, except for interim relief with respect to a determination under subsection (c); and
(ii) except as otherwise provided in subparagraph (B), to review such determination in accordance with chapter 7 of title 5.
(B) Substantial evidence Section 706 of title 5 shall apply to the review of any determination under this subsection, except that the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such determination if the court finds that the determination is not supported by substantial evidence in the record of the proceeding submitted pursuant to paragraph (1), as supplemented by any additional submissions and presentations filed under paragraph (2).
(Pub. L. 93–112, title I, § 107, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1157; amended Pub. L. 113–128, title IV, § 417(a), July 22, 2014, 128 Stat. 1654.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 727, Pub. L. 93–112, title I, § 107, as added Pub. L. 102–569, title I, § 128(a), Oct. 29, 1992, 106 Stat. 4386, related to monitoring and review, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Subsec. (a)(3)(E). Pub. L. 113–128, § 417(a)(1)(A), inserted “, including personnel of a client assistance program under section 732 of this title, and past or current recipients of vocational rehabilitation services” before period at end. Subsec. (a)(4)(A), (B). Pub. L. 113–128, § 417(a)(1)(B)(i), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: “(A) the eligibility process; “(B) the provision of services, including, if applicable, the order of selection;”. Subsec. (a)(4)(D), (E). Pub. L. 113–128, § 417(a)(1)(B)(ii)–(iv), added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (b)(3). Pub. L. 113–128, § 417(a)(2), added par. (3).
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 728 - Expenditure of certain amounts
## Text
(a) Expenditure Amounts described in subsection (b) may not be expended by a State for any purpose other than carrying out programs for which the State receives financial assistance under this subchapter, under subchapter VI, or under subchapter VII.
(b) Amounts The amounts referred to in subsection (a) are amounts provided to a State under the Social Security Act (42 U.S.C. 301 et seq.) as reimbursement for the expenditure of payments received by the State from allotments under section 730 of this title.
(Pub. L. 93–112, title I, § 108, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 113–128, title IV, § 417(b), July 22, 2014, 128 Stat. 1655.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Prior ProvisionsA prior section 728, Pub. L. 93–112, title I, § 108, as added Pub. L. 102–569, title I, § 129(a), Oct. 29, 1992, 106 Stat. 4389, related to expenditure of certain amounts, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Subsec. (a). Pub. L. 113–128 substituted “under subchapter VI” for “under part B of subchapter VI”.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 728a - Training and services for employers
## Text
A State may expend payments received under section 731 of this title to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities under programs carried out under this subchapter, including—
(1) providing training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and other employment-related laws;
(2) working with employers to—
(A) provide opportunities for work-based learning experiences (including internships, short-term employment, apprenticeships, and fellowships), and opportunities for pre-employment transition services;
(B) recruit qualified applicants who are individuals with disabilities;
(C) train employees who are individuals with disabilities; and
(D) promote awareness of disability-related obstacles to continued employment;
(3) providing consultation, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this subchapter, or who are applicants for such services; and
(4) assisting employers with utilizing available financial support for hiring or accommodating individuals with disabilities.
(Pub. L. 93–112, title I, § 109, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 113–128, title IV, § 418, July 22, 2014, 128 Stat. 1655.)
## Notes
Editorial Notes
References in TextThe Americans with Disabilities Act of 1990, referred to in par. (1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 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.
Prior ProvisionsA prior section 728a, Pub. L. 93–112, title I, § 109, as added Pub. L. 102–569, title I, § 130(a), Oct. 29, 1992, 106 Stat. 4389, related to training of employers with respect to Americans with Disabilities Act of 1990, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Pub. L. 113–128 amended section generally. Prior to amendment, text read as follows: “A State may expend payments received under section 731 of this title— “(1) to carry out a program to train employers with respect to compliance with the requirements of title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); and “(2) to inform employers of the existence of the program and the availability of the services of the program.”
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 730 - State allotments
## Text
(a) Computation; additional amount; minimum amount; adjustments (1) Subject to the provisions of subsections (c) and (d),,11 So in original. for each fiscal year beginning before October 1, 1978, each State shall be entitled to an allotment of an amount bearing the same ratio to the amount authorized to be appropriated under section 720(b)(1) of this title for allotment under this section as the product of—
(A) the population of the State; and
(B) the square of its allotment percentage,
bears to the sum of the corresponding products for all the States.
(2) (A) For each fiscal year beginning on or after October 1, 1978, each State shall be entitled to an allotment in an amount equal to the amount such State received under paragraph (1) for the fiscal year ending September 30, 1978, and an additional amount determined pursuant to subparagraph (B) of this paragraph.
(B) For each fiscal year beginning on or after October 1, 1978, each State shall be entitled to an allotment, from any amount authorized to be appropriated for such fiscal year under section 720(b)(1) of this title for allotment under this section in excess of the amount appropriated under section 720(b)(1)(A) 22 See References in Text note below. of this title for the fiscal year ending September 30, 1978, in an amount equal to the sum of—
(i) an amount bearing the same ratio to 50 percent of such excess amount as the product of the population of the State and the square of its allotment percentage bears to the sum of the corresponding products for all the States; and
(ii) an amount bearing the same ratio to 50 percent of such excess amount as the product of the population of the State and its allotment percentage bears to the sum of the corresponding products for all the States.
(3) The sum of the payment to any State (other than Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands) under this subsection for any fiscal year which is less than ⅓ of 1 percent of the amount appropriated under section 720(b)(1) of this title, or $3,000,000, whichever is greater, shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotment to each of the remaining such States under this subsection, but with such adjustments as may be necessary to prevent the sum of the allotments made under this subsection to any such remaining State from being thereby reduced to less than that amount.
(b) Unused funds; redistribution; increase in amount (1) Not later than 45 days prior to the end of the fiscal year, the Commissioner shall determine, after reasonable opportunity for the submission to the Commissioner of comments by the State agency administering or supervising the program established under this subchapter, that any payment of an allotment to a State under section 731(a) of this title for any fiscal year will not be utilized by such State in carrying out the purposes of this subchapter.
(2) As soon as practicable but not later than the end of the fiscal year, the Commissioner shall make such amount available for carrying out the purposes of this subchapter to one or more other States to the extent the Commissioner determines such other State will be able to use such additional amount during that fiscal year or the subsequent fiscal year for carrying out such purposes. The Commissioner shall make such amount available only if such other State will be able to make sufficient payments from non-Federal sources to pay for the non-Federal share of the cost of vocational rehabilitation services under the State plan for the fiscal year for which the amount was appropriated.
(3) For the purposes of this part, any amount made available to a State for any fiscal year pursuant to this subsection shall be regarded as an increase of such State’s allotment (as determined under the preceding provisions of this section) for such year.
(c) Funds for American Indian vocational rehabilitation services (1) For fiscal year 2015 and for each subsequent fiscal year, the Commissioner shall reserve from the amount appropriated under section 720(b)(1) of this title for allotment under this section a sum, determined under paragraph (2), to carry out the purposes of part C.
(2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1), for each of fiscal years 2015 through 2020.
(d) Funds for pre-employment transition services (1) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted funds for the provision of pre-employment transition services.
(2) Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services.
(Pub. L. 93–112, title I, § 110, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(7)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 419, July 22, 2014, 128 Stat. 1656.)
## Notes
Editorial Notes
References in TextSection 720(b)(1)(A) of this title, referred to in subsec. (a)(2)(B), means section 720(b)(1)(A) prior to the general amendment of section 720(b) by Pub. L. 102–569, title I, § 121(b)(1), Oct. 29, 1992, 106 Stat. 4367, which restated subsec. (b)(1) without a subpar. (A). Section 720 was subsequently omitted, and a new section 720 added, in the general amendment of this subchapter by Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1116.
Prior ProvisionsA prior section 730, Pub. L. 93–112, title I, § 110, Sept. 26, 1973, 87 Stat. 370; Pub. L. 95–602, title I, §§ 101(c), (d), 122(b)(1), Nov. 6, 1978, 92 Stat. 2956, 2957, 2987; Pub. L. 98–221, title I, § 111(e), Feb. 22, 1984, 98 Stat. 20; Pub. L. 99–506, title I, § 103(c)(2), title II, §§ 206, 207, Oct. 21, 1986, 100 Stat. 1810, 1817, 1818; Pub. L. 102–569, title I, § 131, Oct. 29, 1992, 106 Stat. 4389; Pub. L. 103–73, title I, § 107(e), Aug. 11, 1993, 107 Stat. 723, related to State allotments, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Subsec. (a)(1). Pub. L. 113–128, § 419(1), substituted “Subject to the provisions of subsections (c) and (d),” for “Subject to the provisions of subsection (c)” in introductory provisions. Subsec. (c)(1). Pub. L. 113–128, § 419(2)(A), substituted “2015” for “1987”. Subsec. (c)(2). Pub. L. 113–128, § 419(2)(B), substituted “Secretary,” for “Secretary—” and “2015 through 2020” for “2000 through 2003”, struck out subpar. (B) designation before “not less than 1 percent”, and struck out subpar. (A) which read as follows: “not less than three-quarters of 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1), for fiscal year 1999; and”. Subsec. (d). Pub. L. 113–128, § 419(3), added subsec. (d). 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 731 - Payments to States
## Text
(a) Amount (1) Except as provided in paragraph (2), from each State’s allotment under this part for any fiscal year, the Commissioner shall pay to a State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for that State approved under section 721 of this title, including expenditures for the administration of the State plan.
(2) (A) The total of payments under paragraph (1) to a State for a fiscal year may not exceed its allotment under subsection (a) of section 730 of this title for such year.
(B) The amount otherwise payable to a State for a fiscal year under this section shall be reduced by the amount by which expenditures from non-Federal sources under the State plan under this subchapter for any previous fiscal year are less than the total of such expenditures for the second fiscal year preceding that previous fiscal year.
(C) The Commissioner may waive or modify any requirement or limitation under subparagraph (B) or section 721(a)(17) of this title if the Commissioner determines that a waiver or modification is an equitable response to exceptional or uncontrollable circumstances affecting the State.
(3) (A) Except as provided in subparagraph (B), the amount of a payment under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share that is applicable in the case of rehabilitation facilities (as defined in section 291o(g) of title 42), in such State.
(B) If the Federal share with respect to rehabilitation facilities in such State is determined pursuant to section 291o(b)(2) of title 42, the percentage of the cost for purposes of this section shall be determined in accordance with regulations prescribed by the Commissioner designed to achieve as nearly as practicable results comparable to the results obtained under such section.
(b) Method of computation and payment The method of computing and paying amounts pursuant to subsection (a) shall be as follows:
(1) The Commissioner shall, prior to the beginning of each calendar quarter or other period prescribed by the Commissioner, estimate the amount to be paid to each State under the provisions of such subsection for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation as the Commissioner may find necessary.
(2) The Commissioner shall pay, from the allotment available therefor, the amount so estimated by the Commissioner for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which the Commissioner finds that the estimate of the amount to be paid the State for any prior period under such subsection was greater or less than the amount which should have been paid to the State for such prior period under such subsection. Such payment shall be made prior to audit or settlement by the Government Accountability Office, shall be made through the disbursing facilities of the Treasury Department, and shall be made in such installments as the Commissioner may determine.
(Pub. L. 93–112, title I, § 111, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1162; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(8)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–128, title IV, § 420, July 22, 2014, 128 Stat. 1656.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 731, Pub. L. 93–112, title I, § 111, Sept. 26, 1973, 87 Stat. 371; Pub. L. 95–602, title I, § 122(b)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title II, § 208, title X, § 1001(b)(6), Oct. 21, 1986, 100 Stat. 1818, 1842; Pub. L. 100–630, title II, § 202(e)(1), (2)(A), (3), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–569, title I, § 132, Oct. 29, 1992, 106 Stat. 4390; Pub. L. 103–73, title I, § 107(f), Aug. 11, 1993, 107 Stat. 723, related to payments to States, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Subsec. (a)(2)(B). Pub. L. 113–128 substituted “The” for “For fiscal year 1994 and each fiscal year thereafter, the”, “this subchapter for any previous” for “this subchapter for the previous”, and “year preceding that previous” for “year preceding the previous”. 2004—Subsec. (b)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 732 - Client assistance program
## Text
(a) Establishment of grant program From funds appropriated under subsection (h), the Secretary shall, in accordance with this section, make grants to States to establish and carry out client assistance programs to provide assistance in informing and advising all clients and client applicants of all available benefits under this chapter, including under sections 733 and 794g of this title, and, upon request of such clients or client applicants, to assist and advocate for such clients or applicants in their relationships with projects, programs, and services provided under this chapter, including assistance and advocacy in pursuing legal, administrative, or other appropriate remedies to ensure the protection of the rights of such individuals under this chapter and to facilitate access to the services funded under this chapter through individual and systemic advocacy. The client assistance program shall provide information on the available services and benefits under this chapter and title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) to individuals with disabilities in the State, especially with regard to individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs. In providing assistance and advocacy under this subsection with respect to services under this subchapter, a client assistance program may provide the assistance and advocacy with respect to services that are directly related to facilitating the employment of the individual.
(b) Existence of State program as requisite to receiving payments No State may receive payments from its allotment under this chapter in any fiscal year unless the State has in effect a client assistance program which—
(1) has the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of rights of individuals with disabilities who are receiving treatments, services, or rehabilitation under this chapter within the State; and
(2) meets the requirements of designation under subsection (c).
(c) Designation of agency to conduct program (1) (A) The Governor shall designate a public or private agency to conduct the client assistance program under this section. Except as provided in the last sentence of this subparagraph, the Governor shall designate an agency which is independent of any agency which provides treatment, services, or rehabilitation to individuals under this chapter. If there is an agency in the State which has, or had, prior to February 22, 1984, served as a client assistance agency under this section and which received Federal financial assistance under this chapter, the Governor may, in the initial designation, designate an agency which provides treatment, services, or rehabilitation to individuals with disabilities under this chapter.
(B) (i) The Governor may not redesignate the agency designated under subparagraph (A) without good cause and unless—
(I) the Governor has given the agency 30 days notice of the intention to make such redesignation, including specification of the good cause for such redesignation and an opportunity to respond to the assertion that good cause has been shown;
(II) individuals with disabilities or the individuals’ representatives have timely notice of the redesignation and opportunity for public comment; and
(III) the agency has the opportunity to appeal to the Commissioner on the basis that the redesignation was not for good cause.
(ii) If, after August 7, 1998—
(I) a designated State agency undergoes any change in the organizational structure of the agency that results in the creation of one or more new State agencies or departments or results in the merger of the designated State agency with one or more other State agencies or departments; and
(II) an agency (including an office or other unit) within the designated State agency was conducting a client assistance program before the change under the last sentence of subparagraph (A),
the Governor shall redesignate the agency conducting the program. In conducting the redesignation, the Governor shall designate to conduct the program an agency that is independent of any agency that provides treatment, services, or rehabilitation to individuals with disabilities under this chapter.
(2) In carrying out the provisions of this section, the Governor shall consult with the director of the State vocational rehabilitation agency, the head of the developmental disability protection and advocacy agency, and with representatives of professional and consumer organizations serving individuals with disabilities in the State.
(3) The agency designated under this subsection shall be accountable for the proper use of funds made available to the agency.
(d) Class action by designated agency prohibited The agency designated under subsection (c) of this section may not bring any class action in carrying out its responsibilities under this section.
(e) Allotment and reallotment of funds (1) (A) After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of the sums appropriated for each fiscal year under this section among the States on the basis of relative population of each State, except that no State shall receive less than $50,000.
(B) The Secretary shall allot $30,000 each to American Samoa, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(C) For the purpose of this paragraph, the term “State” does not include American Samoa, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(D) (i) In any fiscal year that the funds appropriated for such fiscal year exceed $7,500,000, the minimum allotment shall be $100,000 for States and $45,000 for territories.
(ii) For any fiscal year in which the total amount appropriated under subsection (h) exceeds the total amount appropriated under such subsection for the preceding fiscal year, the Secretary shall increase each of the minimum allotments under clause (i) by a percentage that shall not exceed the percentage increase in the total amount appropriated under such subsection between the preceding fiscal year and the fiscal year involved.
(E) (i) The Secretary shall reserve funds appropriated under subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such a grant shall be the same amount as is provided to a territory under this subsection.
(ii) In this subparagraph:
(I) The term “American Indian Consortium” has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
(II) The term “protection and advocacy system” means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary may reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under section 794e(c)(1)(A) of this title.
(2) The amount of an allotment to a State for a fiscal year which the Secretary determines will not be required by the State during the period for which it is available for the purpose for which allotted shall be available for reallotment by the Secretary at appropriate times to other States with respect to which such a determination has not been made, in proportion to the original allotments of such States for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use during such period, and the total of such reduction shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any such amount so reallotted to a State for a fiscal year shall be deemed to be a part of its allotment for such fiscal year.
(3) Except as specifically prohibited by or as otherwise provided in State law, the Secretary shall pay to the agency designated under subsection (c) the amount specified in the application approved under subsection (f).
(f) Application by State for grant funds No grant may be made under this section unless the State submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary deems necessary to meet the requirements of this section.
(g) Regulations; minimum requirements The Secretary shall prescribe regulations applicable to the client assistance program which shall include the following requirements:
(1) No employees of such programs shall, while so employed, serve as staff or consultants of any rehabilitation project, program, or facility receiving assistance under this chapter in the State.
(2) Each program shall be afforded reasonable access to policymaking and administrative personnel in the State and local rehabilitation programs, projects, or facilities.
(3) (A) Each program shall contain provisions designed to assure that to the maximum extent possible alternative means of dispute resolution are available for use at the discretion of an applicant or client of the program prior to resorting to litigation or formal adjudication to resolve a dispute arising under this section.
(B) In subparagraph (A), the term “alternative means of dispute resolution” means any procedure, including good faith negotiation, conciliation, facilitation, mediation, factfinding, and arbitration, and any combination of procedures, that is used in lieu of litigation in a court or formal adjudication in an administrative forum, to resolve a dispute arising under this section.
(4) For purposes of any periodic audit, report, or evaluation of the performance of a client assistance program under this section, the Secretary shall not require such a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such program.
(h) Authorization of appropriations There are authorized to be appropriated to carry out the provisions of this section—
(1) $12,000,000 for fiscal year 2015;
(2) $12,927,000 for fiscal year 2016;
(3) $13,195,000 for fiscal year 2017;
(4) $13,488,000 for fiscal year 2018;
(5) $13,805,000 for fiscal year 2019; and
(6) $14,098,000 for fiscal year 2020.
(Pub. L. 93–112, title I, § 112, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1163; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(9)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 421, July 22, 2014, 128 Stat. 1656.)
## Notes
Editorial Notes
References in TextThe Americans with Disabilities Act of 1990, referred to in subsec. (a), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title I of the Act is classified generally to subchapter I (§ 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 Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (e)(1)(E)(ii)(II), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 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.
Prior ProvisionsPrior sections 732 and 740 were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 732, Pub. L. 93–112, title I, § 112, Sept. 26, 1973, 87 Stat. 371; Pub. L. 93–516, title I, §§ 102(b), 111(f), Dec. 7, 1974, 88 Stat. 1618, 1620; Pub. L. 93–651, title I, §§ 102(b), 111(f), Nov. 21, 1974, 89 Stat. 2–3, 2–5; Pub. L. 94–230, §§ 2(b), 11(b)(4), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 95–602, title I, §§ 105, 122(b)(1), Nov. 6, 1978, 92 Stat. 2960, 2987; Pub. L. 97–375, title I, § 105, Dec. 21, 1982, 96 Stat. 1820; Pub. L. 98–221, title I, § 113(a), Feb. 22, 1984, 98 Stat. 20; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 209, title X, § 1001(b)(7), Oct. 21, 1986, 100 Stat. 1810, 1818, 1842; Pub. L. 100–630, title II, § 202(f), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–52, § 2(c), June 6, 1991, 105 Stat. 260; Pub. L. 102–569, title I, §§ 102(p)(10), 133, Oct. 29, 1992, 106 Stat. 4357, 4391; Pub. L. 103–73, title I, § 107(g), Aug. 11, 1993, 107 Stat. 723; Pub. L. 104–66, title I, § 1041(c), Dec. 21, 1995, 109 Stat. 714, related to client assistance program. Section 740, Pub. L. 93–112, title I, § 120, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4392, related to State eligibility for grants. Another prior section 740, Pub. L. 93–112, title I, § 120, Sept. 26, 1973, 87 Stat. 372; Pub. L. 95–602, title I, §§ 101(e)(1), 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 99–506, title X, § 1001(b)(8), Oct. 21, 1986, 100 Stat. 1842; Pub. L. 100–630, title II, § 202(g), Nov. 7, 1988, 102 Stat. 3306, provided for State allotments to assist in meeting the cost of vocational rehabilitation services, prior to the general amendment of part C of former subchapter I of this chapter by Pub. L. 102–569.
Amendments2014—Subsec. (a). Pub. L. 113–128, § 421(1), inserted “including under sections 733 and 794g of this title,” after “all available benefits under this chapter,”. Subsec. (b). Pub. L. 113–128, § 421(2), struck out “not later than October 1, 1984,” after “has in effect” in introductory provisions. Subsec. (e)(1)(A). Pub. L. 113–128, § 421(3)(A), substituted “After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of” for “The Secretary shall allot”. Subsec. (e)(1)(E), (F). Pub. L. 113–128, § 421(3)(B), added subpars. (E) and (F). Subsec. (h). Pub. L. 113–128, § 421(4), added subsec. (h) and struck out former subsec. (h) which authorized appropriations for fiscal years 1999 through 2003. 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original.
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# 29 U.S.C. § 733 - Provision of pre-employment transition services
## Text
(a) In general From the funds reserved under section 730(d) of this title, and any funds made available from State, local, or private funding sources, each State shall ensure that the designated State unit, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this subchapter.
(b) Required activities Funds available under subsection (a) shall be used to make available to students with disabilities described in subsection (a)—
(1) job exploration counseling;
(2) work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment to the maximum extent possible;
(3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education;
(4) workplace readiness training to develop social skills and independent living; and
(5) instruction in self-advocacy, which may include peer mentoring.
(c) Authorized activities Funds available under subsection (a) and remaining after the provision of the required activities described in subsection (b) may be used to improve the transition of students with disabilities described in subsection (a) from school to postsecondary education or an employment outcome by—
(1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces;
(2) developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment;
(3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities;
(4) disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section;
(5) coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
(6) applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section;
(7) developing model transition demonstration projects;
(8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and
(9) disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations.
(d) Pre-employment transition coordination Each local office of a designated State unit shall carry out responsibilities consisting of—
(1) attending individualized education program meetings for students with disabilities, when invited;
(2) working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships;
(3) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of pre-employment transition services under this section; and
(4) when invited, attend person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
(e) National pre-employment transition coordination The Secretary shall support designated State agencies providing services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section.
(f) Support In carrying out this section, States shall address the transition needs of all students with disabilities, including such students with physical, sensory, intellectual, and mental health disabilities.
(Pub. L. 93–112, title I, § 113, as added Pub. L. 113–128, title IV, § 422, July 22, 2014, 128 Stat. 1657.)
## Notes
Editorial Notes
References in TextThe Individuals with Disabilities Education Act, referred to in subsec. (c)(5), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Social Security Act, referred to in subsec. (d)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) 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.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 741 - Vocational rehabilitation services grants
## Text
(a) Governing bodies of Indian tribes; amount; non-Federal share The Commissioner, in accordance with the provisions of this part, may make grants to the governing bodies of Indian tribes located on Federal and State reservations (and consortia of such governing bodies) to pay 90 percent of the costs of vocational rehabilitation services for American Indians who are individuals with disabilities residing on or near such reservations (referred to in this section as “eligible individuals”), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency. The non-Federal share of such costs may be in cash or in kind, fairly valued, and the Commissioner may waive such non-Federal share requirement in order to carry out the purposes of this chapter.
(b) Application; effective period; continuation of programs and services; separate service delivery systems (1) No grant may be made under this part for any fiscal year unless an application therefor has been submitted to and approved by the Commissioner. The Commissioner may not approve an application unless the application—
(A) is made at such time, in such manner, and contains such information as the Commissioner may require;
(B) contains assurances that the rehabilitation services provided under this part to American Indians who are individuals with disabilities residing on or near a reservation in a State shall be, to the maximum extent feasible, comparable to rehabilitation services provided under this subchapter to other individuals with disabilities residing in the State and that, where appropriate, may include services traditionally used by Indian tribes;
(C) contains assurances that the application was developed in consultation with the designated State unit of the State; and
(D) contains assurances that—
(i) all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this subchapter, be made by a representative of the tribal vocational rehabilitation program funded through the grant; and
(ii) such decisions will not be delegated to another agency or individual.
(2) The provisions of sections 5305, 5306, 5307, and 5321(a) of title 25 shall be applicable to any application submitted under this part. For purposes of this paragraph, any reference in any such provision to the Secretary of Education or to the Secretary of the Interior shall be considered to be a reference to the Commissioner.
(3) Any application approved under this part shall be effective for not more than 60 months, except as determined otherwise by the Commissioner pursuant to prescribed regulations. The State shall continue to provide vocational rehabilitation services under its State plan to American Indians residing on or near a reservation whenever such State includes any such American Indians in its State population under section 730(a)(1) of this title.
(4) In making grants under this part, the Secretary shall give priority consideration to applications for the continuation of programs which have been funded under this part.
(5) Nothing in this section may be construed to authorize a separate service delivery system for Indian residents of a State who reside in non-reservation areas.
(c) Funds reserved for training and technical assistance (1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year.
(2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs.
(3) The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or cooperative agreements.
(4) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, 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 applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section.
(d) “Reservation” defined The term “reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].
(Pub. L. 93–112, title I, § 121, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1166; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(10)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 423, July 22, 2014, 128 Stat. 1659.)
## Notes
Editorial Notes
References in TextThe Alaska Native Claims Settlement Act, referred to in subsec. (d), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Prior ProvisionsPrior sections 741 to 744 and 750 were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 741, Pub. L. 93–112, title I, § 121, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4392, related to contents of strategic plans. Another prior section 741, Pub. L. 93–112, title I, § 121, Sept. 26, 1973, 87 Stat. 373; Pub. L. 93–516, title I, § 102(c), Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 102(c), Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, § 2(c), Mar. 15, 1976, 90 Stat. 211; Pub. L. 95–602, title I, §§ 101(e)(2), 122(b), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 98–221, title I, § 114, Feb. 22, 1984, 98 Stat. 23; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 210, Oct. 21, 1986, 100 Stat. 1810, 1819; Pub. L. 100–630, title II, § 202(h), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–52, § 2(b)(2), June 6, 1991, 105 Stat. 260, related to payments to States for planning, preparing, and initiating special programs under approved State plans and payments for the costs of constructing facilities to be used in providing services under such State plans, prior to the general amendment of part C of former subchapter I of this chapter by Pub. L. 102–569. Section 742, Pub. L. 93–112, title I, § 122, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4393, related to process for developing strategic plans. Section 743, Pub. L. 93–112, title I, § 123, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4393, related to use of funds. Section 744, Pub. L. 93–112, title I, § 124, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4395; amended Pub. L. 103–73, title I, § 107(h), Aug. 11, 1993, 107 Stat. 723, related to allotments among States. Section 750, Pub. L. 93–112, title I, § 130, Sept. 26, 1973, 87 Stat. 374; Pub. L. 93–516, title I, § 111(g), Dec. 7, 1974, 88 Stat. 1621; Pub. L. 93–651, title I, § 111(g), Nov. 21, 1974, 89 Stat. 2–6; Pub. L. 95–602, title I, § 106, Nov. 6, 1978, 92 Stat. 2960; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 211, title X, § 1002(b)(1), Oct. 21, 1986, 100 Stat. 1810, 1819, 1844; Pub. L. 100–630, title II, § 202(i), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–569, title I, § 102(p)(11), Oct. 29, 1992, 106 Stat. 4357, related to American Indian vocational rehabilitation services grants.
Amendments2014—Subsec. (a). Pub. L. 113–128, § 423(1), inserted “(referred to in this section as ‘eligible individuals’), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency” after “on or near such reservations”. Subsec. (b)(1)(D). Pub. L. 113–128, § 423(2), added subpar. (D). Subsecs. (c), (d). Pub. L. 113–128, § 423(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d). 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original.
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# 29 U.S.C. § 751 - Data sharing
## Text
(a) In general (1) Memorandum of understanding The Secretary of Education and the Secretary of Health and Human Services shall enter into a memorandum of understanding for the purposes of exchanging data of mutual importance—
(A) that concern clients of designated State agencies; and
(B) that are data maintained either by—
(i) the Rehabilitation Services Administration, as required by section 710 of this title; or
(ii) the Social Security Administration, from its Summary Earnings and Records and Master Beneficiary Records.
(2) Employment statistics The Secretary of Labor shall provide the Commissioner with employment statistics specified in section 49l–2 of this title, that facilitate evaluation by the Commissioner of the program carried out under part B, and allow the Commissioner to compare the progress of individuals with disabilities who are assisted under the program in securing, retaining, regaining, and advancing in employment with the progress made by individuals who are assisted under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.].
(b) Treatment of information For purposes of the exchange described in subsection (a)(1), the data described in subsection (a)(1)(B)(ii) shall not be considered return information (as defined in section 6103(b)(2) of title 26) and, as appropriate, the confidentiality of all client information shall be maintained by the Rehabilitation Services Administration and the Social Security Administration.
(Pub. L. 93–112, title I, § 131, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1167; amended Pub. L. 113–128, title IV, § 424, July 22, 2014, 128 Stat. 1660.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsec. (a)(2), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
Prior ProvisionsA prior section 751, Pub. L. 93–112, title I, § 131, as added Pub. L. 95–602, title I, § 106, Nov. 6, 1978, 92 Stat. 2961, and amended Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810, directed Secretary to submit to Congress, not less than thirty months after Nov. 6, 1978, an evaluation of programs conducted under part D of former subchapter I of this chapter, prior to repeal by Pub. L. 99–506, title X, § 1002(b)(2)(A), Oct. 21, 1986, 100 Stat. 1844. A prior section 752, Pub. L. 93–112, title I, § 131, formerly § 132, as added Pub. L. 99–506, title II, § 212(a), Oct. 21, 1986, 100 Stat. 1820; renumbered § 132, Pub. L. 100–630, title II, § 202(j), Nov. 7, 1988, 102 Stat. 3307, provided for study on special problems and needs of Indians with handicaps both on and off the reservation, prior to repeal by Pub. L. 102–569, title I, § 135(a), Oct. 29, 1992, 106 Stat. 4396. Prior sections 753 and 753a were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 753, Pub. L. 93–112, title I, § 140, as added Pub. L. 103–73, title I, § 108, Aug. 11, 1993, 107 Stat. 724, related to review of data collection and reporting system. Section 753a, Pub. L. 93–112, title I, § 141, as added Pub. L. 103–73, title I, § 108, Aug. 11, 1993, 107 Stat. 725, related to exchange of data.
Amendments2014—Subsec. (a)(2). Pub. L. 113–128 substituted “title I of the Workforce Innovation and Opportunity Act” for “title I of the Workforce Investment Act of 1998”.
Statutory Notes and Related Subsidiaries
Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.
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# 29 U.S.C. § 760 - Declaration of purpose
## Text
The purpose of this subchapter is to—
(1) provide for research, demonstration projects, training, technical assistance, and related activities to maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities of all ages, with particular emphasis on improving the effectiveness of services authorized under this chapter;
(2) provide for a comprehensive and coordinated approach to the support and conduct of such research, demonstration projects, training, technical assistance, and related activities and to ensure that the approach is in accordance with the 5-year plan developed under section 762(h) of this title;
(3) promote the transfer and use of rehabilitation technology to individuals with disabilities, in a timely and efficient manner, through research and demonstration projects relating to—
(A) the procurement process for the purchase of rehabilitation technology;
(B) the utilization of rehabilitation technology on a national basis;
(C) specific adaptations or customizations of products to enable individuals with disabilities to live more independently; and
(D) the development or transfer of assistive technology;
(4) ensure the widespread dissemination, in usable formats, of practical scientific and technological information—
(A) generated by research, demonstration projects, training, and related activities; and
(B) regarding state-of-the-art practices, improvements in the services authorized under this chapter, rehabilitation technology, and new knowledge regarding disabilities,
to rehabilitation professionals, individuals with disabilities, and other interested parties, including the general public;
(5) identify effective strategies that enhance the opportunities of individuals with disabilities, including individuals with intellectual and psychiatric disabilities, to engage in employment, including employment involving telecommuting and self-employment;
(6) identify strategies for effective coordination of services to job seekers with disabilities available through programs of one-stop partners, as defined in section 3102 of this title;
(7) increase opportunities for researchers who are members of traditionally underserved populations, including researchers who are members of minority groups and researchers who are individuals with disabilities; and
(8) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment.
(Pub. L. 93–112, title II, § 200, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1167; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; Pub. L. 113–128, title IV, § 431, July 22, 2014, 128 Stat. 1660.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 760, Pub. L. 93–112, title II, § 200, Sept. 26, 1973, 87 Stat. 374; Pub. L. 95–602, title I, § 107, Nov. 6, 1978, 92 Stat. 2962; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 102–569, title II, § 201, Oct. 29, 1992, 106 Stat. 4398, contained congressional declaration of purpose, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Pars. (1), (2). Pub. L. 113–128, § 431(1), (2), inserted “technical assistance,” after “training,”. Par. (3). Pub. L. 113–128, § 431(3), in introductory provisions, inserted “and use” after “transfer” and “, in a timely and efficient manner,” after “disabilities”. Par. (4). Pub. L. 113–128, § 431(4), substituted “dissemination” for “distribution” in introductory provisions. Par. (5). Pub. L. 113–128, § 431(5), inserted “, including individuals with intellectual and psychiatric disabilities,” after “disabilities” and struck out “and” after semicolon at end. Par. (6). Pub. L. 113–128, § 431(7), added par. (6). Former par. (6) redesignated (7). Par. (7). Pub. L. 113–128, § 431(6), redesignated par. (6) as (7). Par. (8). Pub. L. 113–128, § 431(8), (9), added par. (8). 1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section.
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# 29 U.S.C. § 761 - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out this subchapter $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016, $114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018, $119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year 2020.
(Pub. L. 93–112, title II, § 201, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1168; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; Pub. L. 113–128, title IV, § 432, July 22, 2014, 128 Stat. 1660.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 761 to 761b were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 761, Pub. L. 93–112, title II, § 201, Sept. 26, 1973, 87 Stat. 374; Pub. L. 93–516, title I, § 103, Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 103, Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, §§ 3, 11(b)(5), (6), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 95–602, title I, § 108, Nov. 6, 1978, 92 Stat. 2962; Pub. L. 98–221, title I, § 121, Feb. 22, 1984, 98 Stat. 23; Pub. L. 99–506, title III, § 301, Oct. 21, 1986, 100 Stat. 1820; Pub. L. 100–630, title II, § 203(a), Nov. 7, 1988, 102 Stat. 3307; Pub. L. 102–52, § 3, June 6, 1991, 105 Stat. 260; Pub. L. 102–569, title II, § 202, Oct. 29, 1992, 106 Stat. 4398, authorized appropriations. Section 761a, Pub. L. 93–112, title II, § 202, as added Pub. L. 95–602, title I, § 109(4), Nov. 6, 1978, 92 Stat. 2963; amended Pub. L. 98–221, title I, §§ 104(a)(4), (b)(1), 122, Feb. 22, 1984, 98 Stat. 18, 23; Pub. L. 99–506, title I, § 103(d)(2)(C), title III, §§ 302, 303, title X, §§ 1001(c), 1002(c), Oct. 21, 1986, 100 Stat. 1810, 1820, 1821, 1842, 1844; Pub. L. 100–630, title II, § 203(b), Nov. 7, 1988, 102 Stat. 3307; Pub. L. 102–54, § 13(k)(1)(A), June 13, 1991, 105 Stat. 276; Pub. L. 102–569, title I, § 102(p)(12), title II, § 203, Oct. 29, 1992, 106 Stat. 4357, 4399; Pub. L. 103–73, title I, §§ 102(4), 109(a), Aug. 11, 1993, 107 Stat. 718, 725; Pub. L. 103–218, title IV, § 402(a), Mar. 9, 1994, 108 Stat. 96; Pub. L. 103–382, title III, § 394(i)(1), Oct. 20, 1994, 108 Stat. 4028, related to National Institute on Disability and Rehabilitation Research. See section 762 of this title. Section 761b, Pub. L. 93–112, title II, § 203, as added Pub. L. 95–602, title I, § 109(4), Nov. 6, 1978, 92 Stat. 2965; amended Pub. L. 96–88, title V, § 508(m)(1), Oct. 17, 1979, 93 Stat. 694; Pub. L. 98–221, title I, § 104(b)(2), Feb. 22, 1984, 98 Stat. 18; Pub. L. 99–506, title I, § 103(d)(2)(C), title III, § 304, Oct. 21, 1986, 100 Stat. 1810, 1822; Pub. L. 100–630, title II, § 203(c), Nov. 7, 1988, 102 Stat. 3307; Pub. L. 102–54, § 13(k)(1)(B), June 13, 1991, 105 Stat. 276; Pub. L. 102–569, title I, § 102(p)(13), title II, § 204, Oct. 29, 1992, 106 Stat. 4358, 4403, related to Interagency Committee on Disability Research. See section 763 of this title.
Amendments2014—Pub. L. 113–128 amended section generally. Prior to amendment, section authorized appropriations to carry out sections 762 and 764 of this title for fiscal years 1999 through 2003. 1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section.
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# 29 U.S.C. § 762a - Research and demonstration projects
## Text
(a) Multiple and interrelated service needs of individuals with handicaps; report to Congress The Secretary of Education is authorized to make grants to, and to enter into contract with, public and nonprofit agencies and organizations for the purpose of research and demonstration projects specifically designed to address the multiple and interrelated service needs of individuals with handicaps, the elderly, and children, youths, adults, and families. A report evaluating each project funded under this section shall be submitted to appropriate committees of the Congress within four months after the date each such project is completed.
(b) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. No funds other than those appropriated pursuant to this subsection can be used for the conduct of research specifically authorized by this section.
(c) Study on impact of vocational rehabilitation services; transmittal to Congress Within one year after the date appropriations are made under subsection (b) for purposes of research and demonstration projects under subsection (a), the Secretary shall prepare and transmit to the Congress a study concerning the impact of vocational rehabilitation services provided under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] on recipients of disability payments under titles II and XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.]. The study shall examine the relationship between the vocational rehabilitation services provided under the Rehabilitation Act of 1973 and the programs under sections 222 and 1615 of the Social Security Act [42 U.S.C. 422, 1382d], and shall include—
(1) an analysis of the savings in disability benefit payments under titles II and XVI of the Social Security Act as a result of the provision of vocational rehabilitation services under the Rehabilitation Act of 1973;
(2) a specification of the rate of return to the active labor force by recipients of services under sections 222 and 1615 of the Social Security Act;
(3) a specification of the total amount of expenditures, in the five fiscal years preceding the date of submission of the report, for vocational rehabilitation services under the Rehabilitation Act of 1973 and under sections 222 and 1615 of the Social Security Act, and recommendations for the coordinated presentation of such expenditures in the Budget submitted by the President pursuant to section 1105 of title 31; and
(4) recommendations to improve the coordination of services under the Rehabilitation Act of 1973 with programs under sections 222 and 1615 of the Social Security Act, including recommendations for increasing savings in disability benefits payments and the rate of return to the active labor force by recipients of services under sections 222 and 1615 of the Social Security Act.
(Pub. L. 95–602, title IV, § 401, Nov. 6, 1978, 92 Stat. 3002; Pub. L. 98–221, title I, § 104(c)(1), Feb. 22, 1984, 98 Stat. 18; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810.)
## Notes
Editorial Notes
References in TextThe Rehabilitation Act of 1973, referred to in subsec. (c), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to this chapter (§ 701 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Social Security Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 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.
Codification In subsec. (c)(3), “section 1105 of title 31” was substituted for “section 201 of the Budget and Accounting Act, 1921 [31 U.S.C. 11]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was enacted as part of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, and not as part of the Rehabilitation Act of 1973 which comprises this chapter.
Amendments1986—Subsec. (a). Pub. L. 99–506 substituted “individuals with handicaps” for “handicapped individuals”. 1984—Subsec. (a). Pub. L. 98–221 substituted “Secretary of Education” for “Secretary of Health, Education, and Welfare”.
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# 29 U.S.C. § 763 - Interagency Committee
## Text
(a) Establishment; membership; meetings (1) In order to promote coordination and cooperation among Federal departments and agencies conducting disability, independent living, and rehabilitation research programs, including programs relating to assistive technology research and research that incorporates the principles of universal design, there is established within the Federal Government an Interagency Committee on Disability Research (hereinafter in this section referred to as the “Committee”), chaired by the Secretary, or the Secretary’s designee, and comprised of such members as the President may designate, including the following (or their designees): the Director, the Commissioner of the Rehabilitation Services Administration, the Assistant Secretary for Special Education and Rehabilitative Services, the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the Administrator of the Administration for Community Living, the Secretary of Education, the Secretary of Veterans Affairs, the Director of the National Institutes of Health, the Director of the National Institute of Mental Health, the Administrator of the National Aeronautics and Space Administration, the Secretary of Transportation, the Assistant Secretary of the Interior for Indian Affairs, the Director of the Indian Health Service, the Director of the National Science Foundation and the Administrator of the Small Business Administration.
(2) The Committee shall meet not less than four times each year, and for not less than 1 of such meetings at least every 2 years, the Committee shall invite policymakers, representatives from other Federal agencies conducting relevant research, individuals with disabilities, organizations representing individuals with disabilities, researchers, and providers, to offer input on the Committee’s work, including the development and implementation of the strategic plan required under subsection (c).
(b) Duties (1) After receiving input individuals 11 So in original. Probably should be preceded by “from”. with disabilities, the Committee shall identify, assess, and seek to coordinate all Federal programs, activities, and projects, and plans for such programs, activities, and projects with respect to the conduct of research (including assistive technology research and research that incorporates the principles of universal design) related to independent living and rehabilitation of individuals with disabilities.
(2) In carrying out its duties with respect to the conduct of Federal research (including assistive technology research and research that incorporates the principles of universal design) related to rehabilitation of individuals with disabilities, the Committee shall—
(A) share information regarding the range of assistive technology research, independent living research, and research that incorporates the principles of universal design, that is being carried out by members of the Committee and other Federal departments and organizations;
(B) identify, and make efforts to address, gaps in assistive technology research, independent living research, and research that incorporates the principles of universal design that are not being adequately addressed;
(C) identify, and establish, clear research priorities related to assistive technology research and research that incorporates the principles of universal design for the Federal Government;
(D) promote interagency collaboration and joint research activities relating to assistive technology research, independent living research, and research that incorporates the principles of universal design at the Federal level, and reduce unnecessary duplication of effort regarding these types of research within the Federal Government; and
(E) optimize the productivity of Committee members through resource sharing and other cost-saving activities, related to assistive technology research, independent living research, and research that incorporates the principles of universal design.
(c) Strategic plan (1) The Committee shall develop a comprehensive government wide strategic plan for disability, independent living, and rehabilitation research.
(2) The strategic plan shall include, at a minimum—
(A) a description of the—
(i) measurable goals and objectives;
(ii) existing resources each agency will devote to carrying out the plan;
(iii) timetables for completing the projects outlined in the plan; and
(iv) assignment of responsible individuals and agencies for carrying out the research activities;
(B) research priorities and recommendations;
(C) a description of how funds from each agency will be combined, as appropriate, for projects administered among Federal agencies, and how such funds will be administered;
(D) the development and ongoing maintenance of a searchable government wide inventory of disability, independent living, and rehabilitation research for trend and data analysis across Federal agencies;
(E) guiding principles, policies, and procedures, consistent with the best research practices available, for conducting and administering disability, independent living, and rehabilitation research across Federal agencies; and
(F) a summary of underemphasized and duplicative areas of research.
(3) The strategic plan described in this subsection shall be submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives.
(d) Annual report Not later than December 31 of each year, the Committee shall prepare and submit, to the President and to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that—
(1) describes the progress of the Committee in fulfilling the duties described in subsections (b) and (c), and including specifically for subsection (c)—
(A) a report of the progress made in implementing the strategic plan, including progress toward implementing the elements described in subsection (c)(2)(A); and
(B) detailed budget information.22 So in original. The period probably should be a semicolon.
(2) makes such recommendations as the Committee determines to be appropriate with respect to coordination of policy and development of objectives and priorities for all Federal programs relating to the conduct of research (including assistive technology research and research that incorporates the principles of universal design) related to rehabilitation of individuals with disabilities; and
(3) describes the activities that the Committee recommended to be funded through grants, contracts, cooperative agreements, and other mechanisms, for assistive technology research and development and research and development that incorporates the principles of universal design.
(e) Definitions In this section—
(1) the terms “assistive technology” and “universal design” have the meanings given the terms in section 3002 of this title; and
(2) the term “independent living”, used in connection with research, means research on issues and topics related to attaining maximum self-sufficiency and function by individuals with disabilities, including research on assistive technology and universal design, employment, education, health and wellness, and community integration and participation.
(Pub. L. 93–112, title II, § 203, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1173; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; Pub. L. 105–394, title II, § 201, Nov. 13, 1998, 112 Stat. 3651; Pub. L. 108–364, § 3(b)(1), Oct. 25, 2004, 118 Stat. 1737; Pub. L. 113–128, title IV, § 434, July 22, 2014, 128 Stat. 1664.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to this section were contained in section 761b of this title prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 763, Pub. L. 93–112, title II, § 203, Sept. 26, 1973, 87 Stat. 376, relating to making of grants and contracts for training of personnel involved in vocational services to handicapped individuals, was renumbered section 304 of Pub. L. 93–112 and transferred to section 774 of this title prior to repeal by Pub. L. 113–128.
Amendments2014—Subsec. (a)(1). Pub. L. 113–128, § 434(1)(A), substituted “conducting disability, independent living, and rehabilitation research” for “conducting rehabilitation research”, “chaired by the Secretary, or the Secretary’s designee,” for “chaired by the Director”, and “the Director of the National Science Foundation and the Administrator of the Small Business Administration.” for “and the Director of the National Science Foundation.” and inserted “the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the Administrator of the Administration for Community Living,” after “Assistant Secretary for Special Education and Rehabilitative Services,”. Subsec. (a)(2). Pub. L. 113–128, § 434(1)(B), inserted “, and for not less than 1 of such meetings at least every 2 years, the Committee shall invite policymakers, representatives from other Federal agencies conducting relevant research, individuals with disabilities, organizations representing individuals with disabilities, researchers, and providers, to offer input on the Committee’s work, including the development and implementation of the strategic plan required under subsection (c)” after “each year”. Subsec. (b)(1). Pub. L. 113–128, § 434(2)(A), substituted “individuals with disabilities” for “from targeted individuals” and inserted “independent living and” before “rehabilitation”. Subsec. (b)(2)(A). Pub. L. 113–128, § 434(2)(B)(i), inserted “independent living research,” after “assistive technology research,”. Subsec. (b)(2)(B). Pub. L. 113–128, § 434(2)(B)(ii), inserted “, independent living research,” after “assistive technology research”. Subsec. (b)(2)(D), (E). Pub. L. 113–128, § 434(2)(B)(iii), (iv), substituted “, independent living research, and research that incorporates the principles of universal design” for “and research that incorporates the principles of universal design”. Subsec. (c). Pub. L. 113–128, § 434(5), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 113–128, § 434(6)(A), substituted “Committee on Health, Education, Labor, and Pensions of the Senate” for “Committee on Labor and Human Resources of the Senate” in introductory provisions. Pub. L. 113–128, § 434(3), (4), redesignated subsec. (c) as (d) and struck out former subsec. (d) which related to recommendations for coordinating research among Federal departments. Subsec. (d)(1). Pub. L. 113–128, § 434(6)(B), added par. (1) and struck out former par. (1) which read as follows: “describes the progress of the Committee in fulfilling the duties described in subsection (b) of this section;”. Subsec. (e)(2). Pub. L. 113–128, § 434(7), added par. (2) and struck out former par. (2) which read as follows: “the term ‘targeted individuals’ has the meaning given the term ‘targeted individuals and entities’ in section 3002 of this title.” 2004—Subsec. (e). Pub. L. 108–364 added subsec. (e) and struck out former subsec. (e) which read as follows: “In this section, the terms ‘assistive technology’, ‘targeted individuals’, and ‘universal design’ have the meanings given the terms in section 3002 of this title.” 1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section. Subsec. (a)(1). Pub. L. 105–394, § 201(1), inserted “including programs relating to assistive technology research and research that incorporates the principles of universal design,” after “programs,”. Subsec. (b). Pub. L. 105–394, § 201(2), designated existing provisions as par. (1), substituted “targeted individuals” for “individuals with disabilities and the individuals’ representatives”, inserted “(including assistive technology research and research that incorporates the principles of universal design)” after “research”, and added par. (2). Subsec. (c). Pub. L. 105–394, § 201(3), added subsec. (c) and struck out former subsec. (c) which read as follows: “The Committee shall annually submit to the President and to the appropriate committees of the Congress a report making such recommendations as the Committee deems appropriate with respect to coordination of policy and development of objectives and priorities for all Federal programs relating to the conduct of research related to rehabilitation of individuals with disabilities.” Subsecs. (d), (e). Pub. L. 105–394, § 201(4), added subsecs. (d) and (e).
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# 29 U.S.C. § 765 - Disability, Independent Living, and Rehabilitation Research Advisory Council
## Text
(a) Establishment Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary.
(b) Duties The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by section 762(h) of this title.
(c) Qualifications Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.
(d) Terms of appointment (1) Length of term Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that—
(A) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and
(B) the terms of service of the members initially appointed shall be (as specified by the Secretary) for such fewer number of years as will provide for the expiration of terms on a staggered basis.
(2) Number of terms No member of the Council may serve more than two consecutive full terms. Members may serve after the expiration of their terms until their successors have taken office.
(e) Vacancies Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.
(f) Payment and expenses (1) Payment Each member of the Council who is not an officer or full-time employee of the Federal Government shall receive a payment of $150 for each day (including travel time) during which the member is engaged in the performance of duties for the Council. All members of the Council who are officers or full-time employees of the United States shall serve without compensation in addition to compensation received for their services as officers or employees of the United States.
(2) Travel expenses Each member of the Council may receive travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for employees serving intermittently in the Government service, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.
(g) Detail of Federal employees On the request of the Council, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of Health and Human Services to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.
(h) Technical assistance On the request of the Council, the Secretary shall provide such technical assistance to the Council as the Council determines to be necessary to carry out its duties.
(i) Termination Section 1013 of title 5 shall not apply with respect to the Council.
(Pub. L. 93–112, title II, § 205, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1182; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, §§ 401(16), 402(b)(11)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–414; Pub. L. 113–128, title IV, § 436, July 22, 2014, 128 Stat. 1671; Pub. L. 117–286, § 4(a)(187), Dec. 27, 2022, 136 Stat. 4326.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 765, Pub. L. 93–112, title II, § 205, as added Pub. L. 102–569, title II, § 206(a), Oct. 29, 1992, 106 Stat. 4409, related to the Rehabilitation Research Advisory Council, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2022—Subsec. (i). Pub. L. 117–286 substituted “Section 1013 of title 5” for “Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)”. 2014—Pub. L. 113–128, § 436(1), inserted “Disability, Independent Living, and” before “Rehabilitation” in section catchline. Subsec. (a). Pub. L. 113–128, § 436(2), substituted “Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council” for “Department of Education a Rehabilitation Research Advisory Council” and inserted “not less than” after “composed of”. Subsec. (c). Pub. L. 113–128, § 436(3), added subsec. (c) and struck out former subsec. (c) which read as follows: “Members of the Council shall be generally representative of the community of rehabilitation professionals, the community of rehabilitation researchers, the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.” Subsec. (g). Pub. L. 113–128, § 436(4), substituted “Department of Health and Human Services” for “Department of Education”. 1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(11)], made technical amendment to section designation and catchline in original. Pub. L. 105–277, § 101(f) [title VIII, § 401(16)], made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section.
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# 29 U.S.C. § 766 - Definition of covered school
## Text
In this subchapter, the term “covered school” means an elementary school or secondary school (as such terms are defined in section 7801 of title 20) or an institution of higher education.
(Pub. L. 93–112, title II, § 206, as added Pub. L. 113–128, title IV, § 437, July 22, 2014, 128 Stat. 1671; amended Pub. L. 114–95, title IX, § 9215(mmm)(2), Dec. 10, 2015, 129 Stat. 2188.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 770, Pub. L. 93–112, title III, § 301, formerly § 300, Sept. 26, 1973, 87 Stat. 377; Pub. L. 95–602, title I, § 122(c)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 100–630, title II, § 204(a), Nov. 7, 1988, 102 Stat. 3308; renumbered § 301 and amended Pub. L. 102–569, title I, § 102(p)(15), title III, § 301(a), (b)(3), Oct. 29, 1992, 106 Stat. 4358, 4410, 4411, contained congressional declaration of purpose, prior to the general amendment of subchapter III of this chapter by Pub. L. 105–220.
Amendments2015—Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
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# 29 U.S.C. § 771 - Declaration of purpose and competitive basis of grants and contracts
## Text
(a) Purpose It is the purpose of this subchapter to authorize grants and contracts to—
(1) (A) provide academic training to ensure that skilled personnel are available to provide rehabilitation services to individuals with disabilities through vocational, medical, social, and psychological rehabilitation programs (including supported employment programs), through economic and business development programs, through independent living services programs, and through client assistance programs; and
(B) provide training to maintain and upgrade basic skills and knowledge of personnel (including personnel specifically trained to deliver services to individuals with disabilities whose employment outcome is self-employment or telecommuting) employed to provide state-of-the-art service delivery and rehabilitation technology services;
(2) conduct special projects and demonstrations that expand and improve the provision of rehabilitation and other services (including those services provided through community rehabilitation programs) authorized under this chapter, or that otherwise further the purposes of this chapter, including related research and evaluation; and
(3) provide training and information to individuals with disabilities and the individuals’ representatives, and other appropriate parties to develop the skills necessary for individuals with disabilities to gain access to the rehabilitation system and statewide workforce development systems and to become active decisionmakers in the rehabilitation process.
(b) Competitive basis of grants and contracts The Secretary shall ensure that all grants and contracts are awarded under this subchapter on a competitive basis.
(Pub. L. 93–112, title III, § 301, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1183; amended Pub. L. 113–128, title IV, § 441(a), July 22, 2014, 128 Stat. 1672.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 771, Pub. L. 93–112, title III, § 301, Sept. 26, 1973, 87 Stat. 377; Pub. L. 93–516, title I, § 104, Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 104, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 4, 11(b)(7), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 94–273, § 3(18), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–602, title I, §§ 112(a), 122(c)(2), Nov. 6, 1978, 92 Stat. 2967, 2987; Pub. L. 98–221, title I, § 131, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title IV, § 401, title X, § 1002(d)(1), Oct. 21, 1986, 100 Stat. 1823, 1844; Pub. L. 102–52, § 4(a), June 6, 1991, 105 Stat. 261, related to grants for construction of rehabilitation facilities, staffing, and planning assistance, prior to repeal by Pub. L. 102–569, title III, § 301(b)(2), Oct. 29, 1992, 106 Stat. 4411. A prior section 301 of Pub. L. 93–112 was classified to section 770 of this title prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 771a, Pub. L. 93–112, title III, § 302, formerly title II, § 203, Sept. 26, 1973, 87 Stat. 376; renumbered title III, § 304, and amended Pub. L. 95–602, title I, §§ 109(2), 114, Nov. 6, 1978, 92 Stat. 2963, 2970; Pub. L. 98–221, title I, § 133, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV, § 403, title X, § 1002(d)(2), Oct. 21, 1986, 100 Stat. 1810, 1824, 1844; Pub. L. 100–630, title II, § 204(c), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102–52, § 4(c), June 6, 1991, 105 Stat. 261; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat. 607; renumbered § 302 and amended Pub. L. 102–569, title I, § 102(p)(18), title III, §§ 301(b)(3), (4), 302, Oct. 29, 1992, 106 Stat. 4358, 4411; Pub. L. 103–73, title I, § 110(a), Aug. 11, 1993, 107 Stat. 726; Pub. L. 103–218, title IV, § 402(b), Mar. 9, 1994, 108 Stat. 96; Pub. L. 104–66, title I, § 1042(d), Dec. 21, 1995, 109 Stat. 715, related to assistance for training, prior to the general amendment of this subchapter by Pub. L. 105–220. See section 772 of this title.
Amendments2014—Subsec. (a)(2). Pub. L. 113–128, § 441(a)(1), inserted “and” at end. Subsec. (a)(3) to (5). Pub. L. 113–128, § 441(a)(2)–(4), redesignated par. (5) as (3), substituted “workforce development systems” for “workforce investment systems”, and struck out former pars. (3) and (4) which read as follows: “(3) provide vocational rehabilitation services to individuals with disabilities who are migrant or seasonal farmworkers; “(4) initiate recreational programs to provide recreational activities and related experiences for individuals with disabilities to aid such individuals in employment, mobility, socialization, independence, and community integration; and”.
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# 29 U.S.C. § 772 - Training
## Text
(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 supported employment services and customized employment services to individuals with the most significant disabilities;
(F) personnel specifically trained to deliver services to individuals with disabilities pursuing self-employment, business ownership, and telecommuting;
(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; and
(H) personnel trained in providing assistive technology services.
(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 subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151 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 development system; or
(B) to assist individuals with disabilities seeking assistance through one-stop delivery systems described in section 121(e) of the Workforce Innovation and Opportunity Act [28 U.S.C. 3151(e)].
(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 subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151 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) 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, prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or low vision therapy;
(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 (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. Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities.
(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.
(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 $33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020.
(Pub. L. 93–112, title III, § 302, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1184; amended Pub. L. 108–446, title III, § 305(h)(4), Dec. 3, 2004, 118 Stat. 2805; Pub. L. 113–128, title IV, § 441(b), July 22, 2014, 128 Stat. 1672.)
## Notes
Editorial Notes
References in TextThe Americans with Disabilities Act of 1990, referred to in subsec. (a)(3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title I of the Act is classified generally to subchapter I (§ 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 (§ 401 et seq.) and XVI (§ 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 Innovation and Opportunity Act, referred to in subsec. (a)(4) and (5), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Subtitle B of title I of the Act is classified generally to part B (§ 3151 et seq.) of subchapter I of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
Prior ProvisionsProvisions 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, § 303, formerly § 302, Sept. 26, 1973, 87 Stat. 378; Pub. L. 93–516, title I, § 105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 105, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 5, 11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 95–602, title I, §§ 112(b), 122(c)(3), Nov. 6, 1978, 92 Stat. 2968, 2987; Pub. L. 98–221, title I, § 132, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV, § 402, title X, § 1001(d)(1), Oct. 21, 1986, 100 Stat. 1810, 1824, 1842; Pub. L. 100–630, title II, § 204(b), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102–52, § 4(b), June 6, 1991, 105 Stat. 261; renumbered § 303 and amended Pub. L. 102–569, title I, § 102(p)(16), title III, §§ 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.
Amendments2014—Subsec. (a)(1)(E). Pub. L. 113–128, § 441(b)(1)(A)(i), substituted “supported employment services and customized employment services to individuals with the most significant disabilities;” for “services, through supported employment programs, to individuals with a most significant disability; and”. Subsec. (a)(1)(H). Pub. L. 113–128, § 441(b)(1)(A)(ii)–(iv), added subpar. (H). Subsec. (a)(4). Pub. L. 113–128, § 441(b)(1)(B)(i), substituted “subtitle B of title I of the Workforce Innovation and Opportunity Act” for “title I of the Workforce Investment Act of 1998” in introductory provisions. Subsec. (a)(4)(A). Pub. L. 113–128, § 441(b)(1)(B)(ii), substituted “workforce development system” for “workforce investment system”. Subsec. (a)(4)(B). Pub. L. 113–128, § 441(b)(1)(B)(iii), substituted “section 121(e) of the Workforce Innovation and Opportunity Act.” for “section 134(c) of the Workforce Investment Act of 1998.” Subsec. (a)(5). Pub. L. 113–128, § 441(b)(1)(C), substituted “subtitle B of title I of the Workforce Innovation and Opportunity Act” for “title I of the Workforce Investment Act of 1998”. Subsec. (b)(1)(B)(i). Pub. L. 113–128, § 441(b)(2), substituted “prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or low vision therapy” for “or prosthetics and orthotics”. Subsec. (g). Pub. L. 113–128, § 441(b)(3)(A), struck out “and in-service training” after “assistance” in heading. Subsec. (g)(1). Pub. L. 113–128, § 441(b)(3)(B), inserted after period at end “Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities.” Subsec. (g)(3). Pub. L. 113–128, § 441(b)(3)(C), struck out par. (3) which related to use of funding for projects for in-service training for rehabilitation personnel. Subsec. (h). Pub. L. 113–128, § 441(b)(4), made technical amendment to reference in original act which appears in text as reference to section 776 of this title. Subsec. (i). Pub. L. 113–128, § 441(b)(5), substituted “$33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.” 2004—Subsec. (f)(1)(D)(ii). Pub. L. 108–446 made technical amendment to reference in original act which appears in text as reference to section 1402 of title 20.
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# 29 U.S.C. § 773 - Demonstration and training programs
## Text
(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, Independent Living, 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) initiatives focused on improving transition from education, including postsecondary education, to employment, particularly in competitive integrated employment, for youth who are individuals with significant disabilities;
(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) increasing competitive integrated employment for individuals with significant 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 subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151 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.
(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;
(F) to provide support and guidance in helping individuals with significant disabilities, including students with disabilities, transition to competitive integrated employment; and
(G) 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 the parent training and information centers established pursuant to section 1471 of title 20, the community parent resource centers established pursuant to section 1472 of title 20, and the eligible entities receiving awards under section 1473 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, and demonstrate the capacity for serving, 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 1471 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.
(8) Reservation From the amount appropriated to carry out this section for a fiscal year, 20 percent of such amount or $500,000, whichever is less, may be reserved to carry out paragraph (6).
(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 For the purpose of carrying out this section there are authorized to be appropriated $5,796,000 for fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for fiscal year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for fiscal year 2019, and $6,809,000 for fiscal year 2020.
(Pub. L. 93–112, title III, § 303, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1190; amended Pub. L. 108–446, title III, § 305(h)(5), (6), Dec. 3, 2004, 118 Stat. 2805; Pub. L. 113–128, title IV, § 442, July 22, 2014, 128 Stat. 1673.)
## Notes
Editorial Notes
References in TextThe Workforce Innovation and Opportunity Act, referred to in subsec. (b)(5)(B)(viii), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Subtitle B of title I of the Act is classified generally to part B (§ 3151 et seq.) of subchapter I of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
Prior ProvisionsA prior section 773, Pub. L. 93–112, title III, § 304, formerly § 303, Sept. 26, 1973, 87 Stat. 379; Pub. L. 95–602, title I, § 113, Nov. 6, 1978, 92 Stat. 2968; Pub. L. 99–506, title I, § 103(d)(2)(C), title X, § 1001(d)(2), Oct. 21, 1986, 100 Stat. 1810, 1843; renumbered § 304 and amended Pub. L. 102–569, title I, § 102(p)(17), title III, §§ 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.
Amendments2014—Subsec. (b)(1). Pub. L. 113–128, § 442(1)(A), made technical amendment to reference in original act which appears in text as reference to section 776 of this title. Subsec. (b)(3)(A). Pub. L. 113–128, § 442(1)(B), substituted “National Institute on Disability, Independent Living, and Rehabilitation Research” for “National Institute on Disability and Rehabilitation Research”. Subsec. (b)(5)(A)(i). Pub. L. 113–128, § 442(1)(C)(i)(I), added cl. (i) and struck out former cl. (i) which read as follows: “special projects and demonstration programs of service delivery for adults who are either low-functioning and deaf or low-functioning and hard of hearing;”. Subsec. (b)(5)(A)(iii). Pub. L. 113–128, § 442(1)(C)(i)(II), added cl. (iii) and struck out former cl. (iii) which read as follows: “model transitional planning services for youths with disabilities.” Subsec. (b)(5)(B)(viii). Pub. L. 113–128, § 442(1)(C)(ii), substituted “under subtitle B of title I of the Workforce Innovation and Opportunity Act” for “under title I of the Workforce Investment Act of 1998”. Subsec. (b)(6). Pub. L. 113–128, § 442(1)(D), struck out par. (6) which read as follows: “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).” Subsec. (c)(2)(F), (G). Pub. L. 113–128, § 442(2)(A), added par. (F) and redesignated former par. (F) as (G). Subsec. (c)(4)(A)(ii). Pub. L. 113–128, § 442(2)(B)(i), inserted “the” after “closely with” and “, the community parent resource centers established pursuant to section 1472 of title 20, and the eligible entities receiving awards under section 1473 of title 20” after “section 1471 of title 20”. Subsec. (c)(4)(C). Pub. L. 113–128, § 442(2)(B)(ii), inserted “, and demonstrate the capacity for serving,” after “shall serve”. Subsec. (c)(8). Pub. L. 113–128, § 442(2)(C), added par. (8). Subsec. (e). Pub. L. 113–128, § 442(3), added subsec. (e) and struck out former subsec. (e) which read as follows: “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.” 2004—Subsec. (c)(4)(A)(ii). Pub. L. 108–446, § 305(h)(6), substituted “section 1471” for “section 1482(a)”. Subsec. (c)(6). Pub. L. 108–446, § 305(h)(5), substituted “section 1471” for “section 1482(a)”.
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# 29 U.S.C. § 780 - Establishment of National Council on Disability
## Text
(a) Membership; purpose (1) (A) There is established within the Federal Government a National Council on Disability (referred to in this subchapter as the “National Council”), which, subject to subparagraph (B), shall be composed of 9 members, of which—
(i) 5 shall be appointed by the President;
(ii) 1 shall be appointed by the Majority Leader of the Senate;
(iii) 1 shall be appointed by the Minority Leader of the Senate;
(iv) 1 shall be appointed by the Speaker of the House of Representatives; and
(v) 1 shall be appointed by the Minority Leader of the House of Representatives.
(B) The National Council shall transition from 15 members (as of July 22, 2014) to 9 members as follows:
(i) On the first 4 expirations of National Council terms (after that date), replacement members shall be appointed to the National Council in the following order and manner:
(I) 1 shall be appointed by the Majority Leader of the Senate.
(II) 1 shall be appointed by the Minority Leader of the Senate.
(III) 1 shall be appointed by the Speaker of the House of Representatives.
(IV) 1 shall be appointed by the Minority Leader of the House of Representatives.
(ii) On the next 6 expirations of National Council terms (after the 4 expirations described in clause (i) occur), no replacement members shall be appointed to the National Council.
(C) For any vacancy on the National Council that occurs after the transition described in subparagraph (B), the vacancy shall be filled in the same manner as the original appointment was made.
(D) The members of the National Council shall be individuals with disabilities, parents or guardians of individuals with disabilities, national leaders on disability policy, or other individuals who have substantial knowledge or experience relating to disability policy or issues that affect individuals with disabilities. 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.
(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 Five members of the National Council shall constitute a quorum and any vacancy in the National Council shall not affect its power to function.
(Pub. L. 93–112, title IV, § 400, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1198; amended Pub. L. 112–166, § 2(q), Aug. 10, 2012, 126 Stat. 1288; Pub. L. 113–128, title IV, § 451, July 22, 2014, 128 Stat. 1674; Pub. L. 114–18, § 3(a), May 22, 2015, 129 Stat. 214.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 780, Pub. L. 93–112, title IV, § 400, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977; amended Pub. L. 98–221, title I, § 141(a), Feb. 22, 1984, 98 Stat. 26; Pub. L. 99–506, title I, § 103(d)(2)(C), title V, § 501, title X, § 1001(e), Oct. 21, 1986, 100 Stat. 1810, 1828, 1843; Pub. L. 100–630, title II, § 205(b), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–569, title I, § 102(p)(26), title IV, § 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, § 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, § 117.
Amendments2015—Subsec. (b). Pub. L. 114–18 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “(b)(1) Each member of the National Council shall serve for a term of 3 years. “(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.” 2014—Subsec. (a)(1)(A) to (C). Pub. L. 113–128, § 451(1)(B), added subpars. (A) to (C) and struck out former subpars. (A) and (B) which read as follows: “(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. “(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.” Former subpar. (C) redesignated (D). Subsec. (a)(1)(D). Pub. L. 113–128, § 451(1)(C), inserted “national leaders on disability policy,” after “guardians of individuals with disabilities,” and substituted “policy or issues that affect individuals with disabilities” for “policy or programs”. Pub. L. 113–128, § 451(1)(A), redesignated subpar. (C) as (D). Subsec. (b). Pub. L. 113–128, § 451(2), which directed substitution of a period for “ ‘, except’ and all that follows”, was executed by substituting a period for “, 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.” in par. (1), to reflect the probable intent of Congress. Subsec. (d). Pub. L. 113–128, § 451(3), substituted “Five” for “Eight”. 2012—Subsec. (a)(1)(A). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentPub. L. 114–18, § 3(b), May 22, 2015, 129 Stat. 214, provided that: “The amendment made by this section [amending this section] shall take effect as if enacted 1 day after the date of enactment of the Workforce Innovation and Opportunity Act [Pub. L. 113–128, approved July 22, 2014] (29 U.S.C. 3101 et seq.).”
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
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# 29 U.S.C. § 780a - Independent status of National Council on the Handicapped
## Text
(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.
(Pub. L. 98–221, title I, § 141(b), Feb. 22, 1984, 98 Stat. 26.)
## Notes
Editorial Notes
References in TextThe Rehabilitation Act of 1973, referred to in par. (2), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to this chapter (§ 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.
Codification Section was enacted as part of the Rehabilitation Amendments of 1984, and not as part of the Rehabilitation Act of 1973 which comprises this chapter.
Statutory Notes and Related Subsidiaries
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, § 205(b), Nov. 7, 1988, 102 Stat. 3310.
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# 29 U.S.C. § 781 - Duties of National Council
## Text
(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, Independent Living, 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, Independent Living, 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.
(Pub. L. 93–112, title IV, § 401, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1199; amended Pub. L. 105–394, title II, § 202, Nov. 13, 1998, 112 Stat. 3653; Pub. L. 106–402, title IV, § 401(b)(3)(B), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 108–364, § 3(b)(2), Oct. 25, 2004, 118 Stat. 1737; Pub. L. 113–128, title IV, § 452, July 22, 2014, 128 Stat. 1675.)
## Notes
Editorial Notes
References in TextThe 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 (§ 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, which is classified principally to chapter 126 (§ 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.
Prior ProvisionsA prior section 781, Pub. L. 93–112, title IV, § 401, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977; amended Pub. L. 98–221, title I, § 142, Feb. 22, 1984, 98 Stat. 27; Pub. L. 99–506, title I, § 103(d)(2)(C), title III, § 302(b), title V, § 502, Oct. 21, 1986, 100 Stat. 1810, 1821, 1828; Pub. L. 100–630, title II, § 205(c), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–569, title I, § 102(p)(27), title IV, § 402, Oct. 29, 1992, 106 Stat. 4360, 4422; Pub. L. 104–66, title II, § 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, § 401, Sept. 26, 1973, 87 Stat. 386, related to program and project evaluation, prior to repeal by Pub. L. 95–602, § 117.
AmendmentsSubsec. (a)(1), (3). Pub. L. 113–128, § 452(1), substituted “National Institute on Disability, Independent Living, and Rehabilitation Research” for “National Institute on Disability and Rehabilitation Research”. Subsec. (c). Pub. L. 113–128, § 452(2), struck out subsec. (c) which required 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. 2004—Subsec. (c)(2). Pub. L. 108–364 substituted “targeted individuals and entities” for “targeted individuals”. 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).
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor 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.
Transfer of Functions Functions which the Director of the National Institute on Disability and Rehabilitation Research exercised before July 22, 2014 (including all related functions of any officer or employee of the National Institute on Disability and Rehabilitation Research), transferred to the National Institute on Disability, Independent Living, and Rehabilitation Research, see subsection (n) of section 3515e of Title 42, The Public Health and Welfare.
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# 29 U.S.C. § 782 - Compensation of National Council members
## Text
(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.
(Pub. L. 93–112, title IV, § 402, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1200.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 782, Pub. L. 93–112, title IV, § 402, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2978; amended Pub. L. 100–630, title II, § 205(d), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–569, title IV, § 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, § 402, Sept. 26, 1973, 87 Stat. 387, authorized the Secretary to obtain information from Federal agencies, prior to repeal by Pub. L. 95–602, § 117.
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# 29 U.S.C. § 783 - Staff of National Council
## Text
(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) 11 So in original. Probably should be subsection “(b)(2)(B)”. 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.
(Pub. L. 93–112, title IV, § 403, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1200.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 783, Pub. L. 93–112, title IV, § 403, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2978; amended Pub. L. 98–221, title I, § 143, Feb. 22, 1984, 98 Stat. 28; Pub. L. 99–506, title I, § 103(d)(2)(C), title V, § 503, Oct. 21, 1986, 100 Stat. 1810, 1829; Pub. L. 100–630, title II, § 205(e), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–569, title I, § 102(p)(28), title IV, § 404, Oct. 29, 1992, 106 Stat. 4360, 4423; Pub. L. 103–73, title I, § 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, § 403, Sept. 26, 1973, 87 Stat. 387; Pub. L. 93–516, title I, § 108, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 108, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 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, § 117.
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# 29 U.S.C. § 784 - Administrative powers of National Council
## Text
(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, 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.
(Pub. L. 93–112, title IV, § 404, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1201.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 784, Pub. L. 93–112, title IV, § 404, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2979; amended Pub. L. 102–569, title IV, § 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, § 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, § 117.
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory 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 1013 of Title 5, Government Organization and Employees.
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# 29 U.S.C. § 785 - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out this subchapter $3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020.
(Pub. L. 93–112, title IV, § 405, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1202; amended Pub. L. 113–128, title IV, § 453, July 22, 2014, 128 Stat. 1675.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 785, Pub. L. 93–112, title IV, § 405, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2979; amended Pub. L. 99–506, title V, § 504, Oct. 21, 1986, 100 Stat. 1829; Pub. L. 102–52, § 5, June 6, 1991, 105 Stat. 262; Pub. L. 102–569, title IV, § 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, § 405, Sept. 26, 1973, 87 Stat. 388; Pub. L. 93–516, title I, §§ 109, 111(m), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93–651, title I, §§ 109, 111(m), Nov. 21, 1974, 89 Stat. 2–4, 2–6; Pub. L. 94–230, §§ 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, § 117. Prior sections 786 and 787 were repealed by Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977. Section 786, Pub. L. 93–112, title IV, § 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, § 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.
Amendments2014—Pub. L. 113–128 substituted “$3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”
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# 29 U.S.C. § 790 - Repealed. Pub. L. 102–569, title V, § 502(a), Oct. 29, 1992, 106 Stat. 4424
## Notes
Section, Pub. L. 93–112, title V, § 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.
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# 29 U.S.C. § 793 - Employment under Federal contracts
## Text
(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) 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 510,11 See References in Text note below. 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.
(Pub. L. 93–112, title V, § 503, Sept. 26, 1973, 87 Stat. 393; Pub. L. 95–602, title I, § 122(d)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title I, § 103(d)(2)(B), (C), title X, §§ 1001(f)(2), (3), 1002(e)(3), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844; Pub. L. 100–630, title II, § 206(c), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title I, § 102(p)(31), title V, § 505, Oct. 29, 1992, 106 Stat. 4360, 4427.)
## Notes
Editorial Notes
References in TextThe Americans with Disabilities Act of 1990, referred to in subsecs. (d) and (e), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter 126 of Title 42. Section 510 of the Act was renumbered section 511 by Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Amendments1992—Subsec. (a). Pub. L. 102–569, §§ 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, § 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, § 505(b), designated existing provisions as par. (1) and added par. (2). Subsecs. (d), (e). Pub. L. 102–569, § 505(c), added subsecs. (d) and (e). 1988—Subsec. (a). Pub. L. 100–630, § 206(c)(1), inserted a comma after “to carry out such contract”. Subsec. (b). Pub. L. 100–630, § 206(c)(2), substituted “refused” for “refuses”. Subsec. (c). Pub. L. 100–630, § 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, §§ 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, §§ 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, § 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”.
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# 29 U.S.C. § 794 - Nondiscrimination under Federal grants and programs
## Text
(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 career and technical 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) 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 510,11 See References in Text note below. of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.
(Pub. L. 93–112, title V, § 504, Sept. 26, 1973, 87 Stat. 394; Pub. L. 95–602, title I, §§ 119, 122(d)(2), Nov. 6, 1978, 92 Stat. 2982, 2987; Pub. L. 99–506, title I, § 103(d)(2)(B), title X, § 1002(e)(4), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L. 100–259, § 4, Mar. 22, 1988, 102 Stat. 29; Pub. L. 100–630, title II, § 206(d), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title I, § 102(p)(32), title V, § 506, Oct. 29, 1992, 106 Stat. 4360, 4428; Pub. L. 103–382, title III, § 394(i)(2), Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105–220, title IV, § 408(a)(3), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 107–110, title X, § 1076(u)(2), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 113–128, title IV, § 456(c), July 22, 2014, 128 Stat. 1675; Pub. L. 114–95, title IX, § 9215(mmm)(3), Dec. 10, 2015, 129 Stat. 2188.)
## Notes
Editorial Notes
References in TextThe 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. Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter 126 of Title 42, The Public Health and Welfare. Section 510 of the Act was renumbered section 511 by Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Amendments2015—Subsec. (b)(2)(B). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. 2014—Subsec. (b)(2)(B). Pub. L. 113–128 substituted “career and technical education” for “vocational education”. 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, § 102(p)(32), substituted “a disability” for “handicaps” and “disability” for “handicap” in first sentence. Subsec. (d). Pub. L. 102–569, § 506, added subsec. (d). 1988—Subsec. (a). Pub. L. 100–630, § 206(d)(1), substituted “her or his handicap” for “his handicap”. Pub. L. 100–259, § 4(1), designated existing provisions as subsec. (a). Subsec. (b). Pub. L. 100–259, § 4(2), added subsec. (b). Subsec. (b)(2)(B). Pub. L. 100–630, § 206(d)(2), substituted “section 2891(12) of title 20” for “section 2854(a)(10) of title 20”. Subsec. (c). Pub. L. 100–259, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2002 AmendmentAmendment 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 CoverageAmendment 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 NeutralityAmendment 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 GrantsRights 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.
Executive Documents
Coordination of Implementation and Enforcement of ProvisionsFor 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.
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.
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# 29 U.S.C. § 794a - Remedies and attorney fees
## Text
(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)) (and the application of section 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims of discrimination in compensation), 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.) (and in subsection (e)(3) of section 706 of such Act (42 U.S.C. 2000e–5), applied to claims of discrimination in compensation) 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.
(Pub. L. 93–112, title V, § 505, as added Pub. L. 95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2982; amended Pub. L. 111–2, § 5(c)(1), Jan. 29, 2009, 123 Stat. 6.)
## Notes
Editorial Notes
References in TextThe Civil Rights Act of 1964, referred to in subsec. (a)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 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.
Amendments2009—Subsec. (a)(1). Pub. L. 111–2, § 5(c)(1)(A), inserted “(and the application of section 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims of discrimination in compensation)” after “(42 U.S.C. 2000e–5(f) through (k))”. Subsec. (a)(2). Pub. L. 111–2, § 5(c)(1)(B), inserted “(42 U.S.C. 2000d et seq.) (and in subsection (e)(3) of section 706 of such Act (42 U.S.C. 2000e–5), applied to claims of discrimination in compensation)” after “1964”.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentAmendment by Pub. L. 111–2 effective as if enacted May 28, 2007, and applicable to certain claims of discrimination in compensation pending on or after that date, see section 6 of Pub. L. 111–2, set out as a note under section 2000e–5 of Title 42, The Public Health and Welfare.
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# 29 U.S.C. § 794b - Removal of architectural, transportation, or communication barriers; technical and financial assistance; compensation of experts or consultants; authorization of appropriations
## Text
(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.
(Pub. L. 93–112, title V, § 506, as added Pub. L. 95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L. 100–630, title II, § 206(e), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title V, § 507, Oct. 29, 1992, 106 Stat. 4428; Pub. L. 105–220, title IV, § 408(a)(4), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 105–394, title II, § 203(b), Nov. 13, 1998, 112 Stat. 3653.)
## Notes
Editorial Notes
Amendments1998—Subsec. (a). Pub. L. 105–220, § 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, § 408(a)(4)(B), substituted “provided under this subsection” for “provided under this paragraph”. 1992—Subsec. (a). Pub. L. 102–569, § 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, § 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, § 507(a), (d), inserted “Access” before “Board” and substituted “792(h)(1)” for “792(h)(2)”. 1988—Subsec. (a). Pub. L. 100–630, § 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, § 206(e)(1), (3), redesignated former par. (2) as subsec. (b) and substituted “travel time” for “traveltime”. Subsec. (c). Pub. L. 100–630, § 206(e)(1), (4), redesignated former par. (3) as subsec. (c) and inserted a comma after “the President”. Subsec. (d). Pub. L. 100–630, § 206(e)(1), redesignated former par. (4) as subsec. (d).
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# 29 U.S.C. § 794c - Interagency Disability Coordinating Council
## Text
(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, the Chairperson of the National Council on Disability, 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.
(Pub. L. 93–112, title V, § 507, as added Pub. L. 95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L. 96–88, title V, § 508(m)(2), Oct. 17, 1979, 93 Stat. 694; Pub. L. 98–221, title I, § 104(b)(4), Feb. 22, 1984, 98 Stat. 18; Pub. L. 99–506, title VI, § 602, title X, § 1001(f)(4), Oct. 21, 1986, 100 Stat. 1830, 1843; Pub. L. 102–569, title V, § 508(a), Oct. 29, 1992, 106 Stat. 4429; Pub. L. 113–128, title IV, § 456(d), July 22, 2014, 128 Stat. 1676.)
## Notes
Editorial Notes
Amendments2014—Subsec. (a). Pub. L. 113–128 inserted “the Chairperson of the National Council on Disability,” before “and such other”. 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, § 602, inserted reference to Assistant Secretary of the Interior for Indian Affairs. Pub. L. 99–506, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment 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 RequirementsFor 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.
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# 29 U.S.C. § 794d–1 - Reports on accessibility of electronic information to individuals with disabilities
## Text
(a) (1) Not later than 100 days after December 29, 2022, the Director of the Office of Management and Budget (in this section referred to as the “Director”), in coordination with the Architectural and Transportation Barriers Compliance Board and the Administrator of General Services (in this section referred to as the “Administrator”), shall disseminate amended or updated criteria and instructions to any Federal department or agency (in this section referred to as an “agency”) covered by section 794d of this title for the evaluation required pursuant to paragraph (3)(B).
(2) Such criteria and instructions shall—
(A) include, at minimum, requirements that information technologies and digital services must–
(i) conform to the technical standards referenced in subsection (a)(2)(A) of such section 794d of this title, as determined by appropriate conformance testing; and
(ii) be accessible to and usable by individuals with disabilities as determined from consultation with individuals with disabilities, including those with visual, auditory, tactile, and cognitive disabilities, or members of any disability organization; and
(B) provide guidance to agencies regarding the types and format of data and information to be submitted to the Director and the Administrator pursuant to paragraph (3), including how to submit such data and information, the metrics by which compliance will be assessed in the reports required in subsection (b), and any other directions necessary for agencies to demonstrate compliance with accessibility standards for electronic and information technology procured and in use within an agency, as required by such section 794d of this title.
(3) Not later than 225 days after December 29, 2022, the head of each agency shall—
(A) evaluate the extent to which the electronic and information technology of the agency are accessible to and usable by individuals with disabilities described in subsection (a)(1) of such section 794d of this title compared to the access to and use of the technology and services by individuals described in such section who are not individuals with disabilities;
(B) evaluate the electronic and information technology of the agency in accordance with the criteria and instructions provided in paragraph (1); and
(C) submit a report containing the evaluations jointly to the Director and the Administrator.
(b) (1) Not later than 1 year after December 29, 2022, and annually thereafter, the Administrator, in consultation with the Director, shall prepare and submit to the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate and the Committees on Appropriations and Oversight and Reform of the House of Representatives a report that shall include—
(A) a comprehensive assessment (including information identifying the metrics and data used) of compliance by each agency, and by the Federal Government generally, with the criteria and instructions disseminated under subsection (a)(1);
(B) a detailed description of the actions, activities, and other efforts made by the Administrator over the year preceding submission to support such compliance at agencies and any planned efforts in the coming year to improve compliance at agencies; and
(C) a list of recommendations that agencies or Congress may take to help support that compliance.
(2) The Administrator shall ensure that the reports required under this subsection are made available on a public website and are maintained as an open Government data asset (as that term is defined in section 3502 of title 44).
(Pub. L. 117–328, div. E, title VII, § 752, Dec. 29, 2022, 136 Stat. 4719.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Financial Services and General Government Appropriations Act, 2023, and also as part of the Consolidated Appropriations Act, 2023, and not as part of the Rehabilitation Act of 1973 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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# 29 U.S.C. § 794d - Electronic and information technology
## Text
(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), 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).
(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).
(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) and prepare the reports under subsection (d).
(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), any individual with a disability may file a complaint alleging that a Federal department or agency fails to comply with subsection (a)(1) 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).
(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.
(Pub. L. 93–112, title V, § 508, as added Pub. L. 99–506, title VI, § 603(a), Oct. 21, 1986, 100 Stat. 1830; amended Pub. L. 100–630, title II, § 206(f), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title V, § 509(a), Oct. 29, 1992, 106 Stat. 4430; Pub. L. 105–220, title IV, § 408(b), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 106–246, div. B, title II, § 2405, July 13, 2000, 114 Stat. 555.)
## Notes
Editorial Notes
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, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
Amendments2000—Subsec. (f)(1)(A). Pub. L. 106–246, § 2405(1), substituted “Effective 6 months after the date of publication by the Access Board of final standards described in subsection (a)(2),” for “Effective 2 years after August 7, 1998,”. Subsec. (f)(1)(B). Pub. L. 106–246, § 2405(2), substituted “6 months after the date of publication by the Access Board of final standards described in subsection (a)(2).” 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, § 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, § 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, § 206(f)(3), substituted “an individual with handicaps” for “a handicapped individual”.
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# 29 U.S.C. § 794f - Establishment of standards for accessible medical diagnostic equipment
## Text
(a) Standards Not later than 24 months after March 23, 2010,11 See References in Text note below. the Architectural and Transportation Barriers Compliance Board shall, in consultation with the Commissioner of the Food and Drug Administration, promulgate regulatory standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.) 1 setting forth the minimum technical criteria for medical diagnostic equipment used in (or in conjunction with) physician’s offices, clinics, emergency rooms, hospitals, and other medical settings. The standards shall ensure that such equipment is accessible to, and usable by, individuals with accessibility needs, and shall allow independent entry to, use of, and exit from the equipment by such individuals to the maximum extent possible.
(b) Medical diagnostic equipment covered The standards issued under subsection (a) for medical diagnostic equipment shall apply to equipment that includes examination tables, examination chairs (including chairs used for eye examinations or procedures, and dental examinations or procedures), weight scales, mammography equipment, x-ray machines, and other radiological equipment commonly used for diagnostic purposes by health professionals.
(c) Review and amendment The Architectural and Transportation Barriers Compliance Board, in consultation with the Commissioner of the Food and Drug Administration, shall periodically review and, as appropriate, amend the standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.).1
(Pub. L. 93–112, title V, § 510, as added Pub. L. 111–148, title IV, § 4203, Mar. 23, 2010, 124 Stat. 570.)
## Notes
Editorial Notes
References in TextMarch 23, 2010, referred to in subsec. (a), was in the original “the date of enactment of the Affordable Health Choices Act”, which was translated as meaning the date of enactment of the Patient Protection and Affordable Care Act, Pub. L. 111–148, which enacted this section, to reflect the probable intent of Congress. The Administrative Procedure Act, referred to in subsecs. (a) and (c), is act June 11, 1946, ch. 324, 60 Stat. 237, which was repealed and reenacted as subchapter II of chapter 5, and chapter 7, of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.
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# 29 U.S.C. § 794g - Limitations on use of subminimum wage
## Text
(a) In general No entity, including a contractor or subcontractor of the entity, which holds a special wage certificate as described in section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) may compensate an individual with a disability who is age 24 or younger at a wage (referred to in this section as a “subminimum wage”) that is less than the Federal minimum wage unless 1 of the following conditions is met:
(1) The individual is currently employed, as of the effective date of this section, by an entity that holds a valid certificate pursuant to section 14(c) of the Fair Labor Standards Act of 1938.
(2) The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces documentation indicating completion of, each of the following actions:
(A) The individual has received pre-employment transition services that are available to the individual under section 733 of this title, or transition services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) such as transition services available to the individual under section 614(d) of that Act (20 U.S.C. 1414(d)).
(B) The individual has applied for vocational rehabilitation services under subchapter I, with the result that—
(i) (I) the individual has been found ineligible for such services pursuant to that subchapter and has documentation consistent with section 722(a)(5)(C) of this title regarding the determination of ineligibility; or
(II) (aa) the individual has been determined to be eligible for vocational rehabilitation services;
(bb) the individual has an individualized plan for employment under section 722 of this title;
(cc) the individual has been working toward an employment outcome specified in such individualized plan for employment, with appropriate supports and services, including supported employment services, for a reasonable period of time without success; and
(dd) the individual’s vocational rehabilitation case is closed; and
(ii) (I) the individual has been provided career counseling, and information and referrals to Federal and State programs and other resources in the individual’s geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment; and
(II) such counseling and information and referrals are not for employment compensated at a subminimum wage provided by an entity described in this subsection, and such employment-related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by an entity described in this subsection.
(b) Construction (1) Rule Nothing in this section shall be construed to—
(A) change the purpose of this chapter described in section 701(b)(2) of this title, to empower individuals with disabilities to maximize opportunities for competitive integrated employment; or
(B) preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation strategy or successful employment outcome, as defined in section 705(11) of this title.
(2) Contracts A local educational agency (as defined in section 7801 of title 20) or a State educational agency (as defined in such section) may not enter into a contract or other arrangement with an entity described in subsection (a) for the purpose of operating a program for an individual who is age 24 or younger under which work is compensated at a subminimum wage.
(3) Voidability The provisions in this section shall be construed in a manner consistent with the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended before or after the effective date of this Act.
(c) During employment (1) In general The entity described in subsection (a) may not continue to employ an individual, regardless of age, at a subminimum wage unless, after the individual begins work at that wage, at the intervals described in paragraph (2), the individual (with, in an appropriate case, the individual’s parent or guardian)—
(A) is provided by the designated State unit career counseling, and information and referrals described in subsection (a)(2)(B)(ii), delivered in a manner that facilitates independent decisionmaking and informed choice, as the individual makes decisions regarding employment and career advancement; and
(B) is informed by the employer of self-advocacy, self-determination, and peer mentoring training opportunities available in the individual’s geographic area, provided by an entity that does not have any financial interest in the individual’s employment outcome, under applicable Federal and State programs or other sources.
(2) Timing The actions required under subparagraphs (A) and (B) of paragraph (1) shall be carried out once every 6 months for the first year of the individual’s employment at a subminimum wage, and annually thereafter for the duration of such employment.
(3) Small business exception In the event that the entity described in subsection (a) is a business with fewer than 15 employees, such entity can satisfy the requirements of subparagraphs (A) and (B) of paragraph (1) by referring the individual, at the intervals described in paragraph (2), to the designated State unit for the counseling, information, and referrals described in paragraph (1)(A) and the information described in paragraph (1)(B).
(d) Documentation (1) In general The designated State unit, in consultation with the State educational agency, shall develop a new process or utilize an existing process, consistent with guidelines developed by the Secretary, to document the completion of the actions described in subparagraphs (A) and (B) of subsection (a)(2) by a youth with a disability who is an individual with a disability.
(2) Documentation process Such process shall require that—
(A) in the case of a student with a disability, for documentation of actions described in subsection (a)(2)(A)—
(i) if such a student with a disability receives and completes each category of required activities in section 733(b) of this title, such completion of services shall be documented by the designated State unit in a manner consistent with this section;
(ii) if such a student with a disability receives and completes any transition services available for students with disabilities under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], including those provided under section 614(d)(1)(A)(i)(VIII) (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), such completion of services shall be documented by the appropriate school official responsible for the provision of such transition services, in a manner consistent with this section; and
(iii) the designated State unit shall provide the final documentation, in a form and manner consistent with this section, of the completion of pre-employment transition services as described in clause (i), or transition services under the Individuals with Disabilities Education Act as described in clause (ii), to the student with a disability within a reasonable period of time following the completion; and
(B) when an individual has completed the actions described in subsection (a)(2)(B), the designated State unit shall provide the individual a document indicating such completion, in a manner consistent with this section, within a reasonable time period following the completion of the actions described in this subparagraph.
(e) Verification (1) Before employment Before an individual covered by subsection (a)(2) begins work for an entity described in subsection (a) at a subminimum wage, the entity shall review such documentation received by the individual under subsection (d), and provided by the individual to the entity, that indicates that the individual has completed the actions described in subparagraphs (A) and (B) of subsection (a)(2) and the entity shall maintain copies of such documentation.
(2) During employment (A) In general In order to continue to employ an individual at a subminimum wage, the entity described in subsection (a) shall verify completion of the requirements of subsection (c), including reviewing any relevant documents provided by the individual, and shall maintain copies of the documentation described in subsection (d).
(B) Review of documentation The entity described in subsection (a) shall be subject to review of individual documentation described in subsection (d) by a representative working directly for the designated State unit or the Department of Labor at such a time and in such a manner as may be necessary to fulfill the intent of this section, consistent with regulations established by the designated State unit or the Secretary of Labor.
(f) Federal minimum wage In this section, the term “Federal minimum wage” means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
(Pub. L. 93–112, title V, § 511, as added Pub. L. 113–128, title IV, § 458(a), July 22, 2014, 128 Stat. 1676; amended Pub. L. 114–95, title IX, § 9215(mmm)(4)(A), Dec. 10, 2015, 129 Stat. 2188.)
## Notes
Editorial Notes
References in TextThe effective date of this section, referred to in subsec. (a)(1), means 2 years after July 22, 2014. See Effective Date note below. The Individuals with Disabilities Education Act, referred to in subsecs. (a)(2)(A) and (d)(2)(A)(ii), (iii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Fair Labor Standards Act of 1938, referred to in subsec. (b)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The effective date of this Act, referred to in subsec. (b)(3), may mean the effective date of Pub. L. 93–112 (Sept. 26, 1973), the effective date of Pub. L. 113–128, which added this section (see Effective Date note set out under section 3101 of this title), or the effective date of this section (see Effective Date note below).
Amendments2015—Subsec. (b)(2). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentPub. L. 114–95, title IX, § 9215(mmm)(4)(B), Dec. 10, 2015, 129 Stat. 2188, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect on the same date as section 458(a) of the Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1676) [enacting this section] takes effect, and as if enacted as part of such section.”
Effective DatePub. L. 113–128, title IV, § 458(b), July 22, 2014, 128 Stat. 1679, provided that: “This section [enacting this section] takes effect 2 years after the date of enactment of the Workforce Innovation and Opportunity Act [July 22, 2014].”
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# 29 U.S.C. § 795g - Purpose
## Text
It is the purpose of this subchapter to authorize allotments, in addition to grants for vocational rehabilitation services under subchapter I, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment.
(Pub. L. 93–112, title VI, § 602, formerly § 621, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(12)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 602 and amended Pub. L. 113–128, title IV, § 461(3), (4), July 22, 2014, 128 Stat. 1679.)
## Notes
Editorial Notes
Prior ProvisionsProvisions 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, § 621, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2993; amended Pub. L. 98–221, title I, §§ 162, 163, Feb. 22, 1984, 98 Stat. 29, 30; Pub. L. 99–506, title I, § 103(d)(2)(B), (C), title VII, § 703(a)(1)–(3), (b)–(d), Oct. 21, 1986, 100 Stat. 1810, 1831, 1832; Pub. L. 100–630, title II, § 207(b), Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102–569, title VI, § 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.
Amendments2014—Pub. L. 113–128, § 461(4), substituted “this subchapter” for “this part” and “individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment.” for “individuals with the most significant disabilities to enable such individuals to achieve the employment outcome of supported employment.” 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original.
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# 29 U.S.C. § 795h - Allotments
## Text
(a) In general (1) States The Secretary shall allot the sums appropriated for each fiscal year to carry out this subchapter among the States on the basis of relative population of each State, except that—
(A) no State shall receive less than $250,000, or ⅓ of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater; and
(B) if the sums appropriated to carry out this subchapter for the fiscal year exceed by $1,000,000 or more the sums appropriated to carry out part B of this subchapter (as in effect on September 30, 1992) in fiscal year 1992, no State shall receive less than $300,000, or ⅓ of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount 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 ⅛ of 1 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 under subsection (a) for any fiscal year will not be expended by such State for carrying out the provisions of this subchapter, the Commissioner shall make such amount available for carrying out the provisions of this subchapter to 1 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.
(c) Limitations on administrative costs A State that receives an allotment under this subchapter shall not use more than 2.5 percent of such allotment to pay for administrative costs.
(d) Services for youth with the most significant disabilities A State that receives an allotment under this subchapter shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment.
(Pub. L. 93–112, title VI, § 603, formerly § 622, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(13)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 603 and amended Pub. L. 113–128, title IV, § 461(3), (5), July 22, 2014, 128 Stat. 1679.)
## Notes
Editorial Notes
References in TextPart B of this subchapter (as in effect on September 30, 1992), referred to in subsec. (a)(1)(B), consisted of sections 795g to 795i and related to projects with industry and business opportunities for individuals with handicaps.
Prior ProvisionsProvisions 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, § 622, as added Pub. L. 95–602, title II, § 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, § 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.
Amendments2014—Subsec. (a)(1). Pub. L. 113–128, § 461(5)(A)(i)(I), substituted “subchapter” for “part” in introductory provisions. Subsec. (a)(1)(A). Pub. L. 113–128, § 461(5)(A)(i)(II), inserted “amount” after “whichever”. Subsec. (a)(1)(B). Pub. L. 113–128, § 461(5)(A)(i)(III), substituted “subchapter for the fiscal year” for “part for the fiscal year” and “part B of this subchapter (as in effect on September 30, 1992) in fiscal year 1992” for “this part in fiscal year 1992” and inserted “amount” after “whichever”. Subsec. (a)(2)(B). Pub. L. 113–128, § 461(5)(A)(ii), substituted “⅛ of 1 percent” for “one-eighth of one percent”. Subsec. (b). Pub. L. 113–128, § 461(5)(B), inserted “under subsection (a)” after “allotment to a State”, substituted “subchapter” for “part” in two places, and substituted “1 or more” for “one or more”. Subsecs. (c), (d). Pub. L. 113–128, § 461(5)(C), added subsecs. (c) and (d). 1998—Pub. L. 105–277 made technical amendment in original to section designation and catchline.
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# 29 U.S.C. § 795i - Availability of services
## Text
(a) Supported employment services Funds provided under this subchapter may be used to provide supported employment services to individuals who are eligible under this subchapter.
(b) Extended services (1) In general Except as provided in paragraph (2), funds provided under this subchapter, or subchapter I, may not be used to provide extended services to individuals under this subchapter or subchapter I.
(2) Extended services for youth with the most significant disabilities Funds allotted under this subchapter, or subchapter I, and used for the provision of services under this subchapter to youth with the most significant disabilities pursuant to section 795h(d) of this title, may be used to provide extended services to youth with the most significant disabilities. Such extended services shall be available for a period not to exceed 4 years.
(Pub. L. 93–112, title VI, § 604, as added Pub. L. 113–128, title IV, § 461(6), July 22, 2014, 128 Stat. 1680.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 795i, Pub. L. 93–112, title VI, § 604, formerly § 623, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(14)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 604, Pub. L. 113–128, title IV, § 461(3), July 22, 2014, 128 Stat. 1679, related to availability of services, prior to repeal by Pub. L. 113–128, title IV, § 461(6), July 22, 2014, 128 Stat. 1680. Provisions similar to prior section 795i were contained in section 795l of this title prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 795i, Pub. L. 93–112, title VI, § 622, formerly § 623, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2994; amended Pub. L. 98–221, title I, § 164, Feb. 22, 1984, 98 Stat. 30; Pub. L. 99–506, title VII, § 704, Oct. 21, 1986, 100 Stat. 1834; Pub. L. 100–630, title II, § 207(d), Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102–52, § 7(b), June 6, 1991, 105 Stat. 262; renumbered § 622 and amended Pub. L. 102–569, title VI, § 613(a), Oct. 29, 1992, 106 Stat. 4439, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 105–220.
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# 29 U.S.C. § 795j - Eligibility
## Text
An individual, including a youth with a disability, shall be eligible under this subchapter to receive supported employment services authorized under this chapter if—
(1) the individual is eligible for vocational rehabilitation services under subchapter I;
(2) the individual is determined to be an individual with a most significant disability;
(3) for purposes of activities carried out with funds described in section 795h(d) of this title, the individual is a youth with a disability, as defined in section 705(42) of this title; 11 See References in Text note below. and
(4) a comprehensive assessment of the 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.
(Pub. L. 93–112, title VI, § 605, formerly § 624, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(15)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 605 and amended Pub. L. 113–128, title IV, § 461(3), (7), July 22, 2014, 128 Stat. 1679, 1680.)
## Notes
Editorial Notes
References in TextSection 705(42) of this title, referred to in par. (3), was in the original “section (7)(42)”, and was translated as meaning section 7(42) of the Rehabilitation Act of 1973, which is classified to section 705(42) of this title, to reflect the probable intent of Congress.
Prior ProvisionsProvisions 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, § 631, as added Pub. L. 102–569, title VI, § 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, § 631, as added Pub. L. 99–506, title VII, § 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, § 621(a).
Amendments2014—Pub. L. 113–128, § 461(7)(A), in introductory provisions, inserted “, including a youth with a disability,” after “An individual” and substituted “this subchapter” for “this part”. Par. (1). Pub. L. 113–128, § 461(7)(B), inserted “under subchapter I” after “rehabilitation services”. Pars. (3), (4). Pub. L. 113–128, § 461(7)(C)–(F), added par. (3), redesignated former par. (3) as (4), and, in par. (4), substituted “assessment of the rehabilitation needs” for “assessment of rehabilitation needs”. 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original.
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---
# 29 U.S.C. § 795k - State plan
## Text
(a) State plan supplements To be eligible for an allotment under this subchapter, 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, including youth with the most significant disabilities, 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 subchapter;
(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, including youth, 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, including youth with the most significant disabilities, 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) describe the activities to be conducted pursuant to section 795h(d) of this title for youth with the most significant disabilities, including—
(A) the provision of extended services for a period not to exceed 4 years; and
(B) how the State will use the funds reserved in section 795h(d) of this title to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities;
(7) provide assurances that—
(A) funds made available under this subchapter will only be used to provide supported employment services authorized under this chapter to individuals who are eligible under this subchapter to receive the services;
(B) the comprehensive assessments of individuals with significant disabilities, including youth with the most significant disabilities, conducted under section 722(b)(1) of this title and funded under subchapter I 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 in order to—
(i) specify the supported employment services to be provided, including, as appropriate, for youth with the most significant disabilities, transition services and pre-employment transition services;
(ii) specify the expected extended services needed, including the extended services that may be provided to youth with the most significant disabilities under this subchapter, in accordance with an approved individualized plan for employment, for a period not to exceed 4 years; and
(iii) identify, as appropriate, the source of extended services, which may include natural supports, or indicate that it is not possible to identify the source of extended services at the time the individualized plan for employment is developed;
(D) the State will use funds provided under this subchapter only to supplement, and not supplant, the funds provided under subchapter I, 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;
(G) supported employment services will include placement in an integrated setting based on the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the most significant disabilities;
(H) the State agencies designated under paragraph (1) will expend not more than 2.5 percent of the allotment of the State under this subchapter for administrative costs of carrying out this subchapter; and
(I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 795h(d) of this title, the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services; and
(8) contain such other information and be submitted in such manner as the Commissioner may require.
(Pub. L. 93–112, title VI, § 606, formerly § 625, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 606 and amended Pub. L. 113–128, title IV, § 461(3), (8), July 22, 2014, 128 Stat. 1679, 1681.)
## Notes
Editorial Notes
Prior ProvisionsProvisions 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, § 632, as added Pub. L. 102–569, title VI, § 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, § 632, as added Pub. L. 99–506, title VII, § 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, § 621(a).
Amendments2014—Subsec. (a). Pub. L. 113–128, § 461(8)(A), substituted “this subchapter” for “this part” and inserted “, including youth with the most significant disabilities,” after “individuals”. Subsec. (b)(1). Pub. L. 113–128, § 461(8)(B)(i), substituted “this subchapter” for “this part”. Subsec. (b)(2). Pub. L. 113–128, § 461(8)(B)(ii), inserted “, including youth,” after “rehabilitation needs of individuals”. Subsec. (b)(3). Pub. L. 113–128, § 461(8)(B)(iii), inserted “, including youth with the most significant disabilities,” after “provided to individuals” and made technical amendment to reference in original act which appears in text as reference to section 795h of this title. Subsec. (b)(6), (7). Pub. L. 113–128, § 461(8)(B)(iv)–(vi), added par. (6), redesignated former par. (6) as (7), and struck out former par. (7) which read as follows: “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”. Subsec. (b)(7)(A). Pub. L. 113–128, § 461(8)(B)(vii)(I), substituted “under this subchapter” for “under this part” in two places. Subsec. (b)(7)(B). Pub. L. 113–128, § 461(8)(B)(vii)(II), inserted “, including youth with the most significant disabilities,” after “significant disabilities”. Subsec. (b)(7)(C)(i). Pub. L. 113–128, § 461(8)(B)(vii)(III)(aa), inserted “, including, as appropriate, for youth with the most significant disabilities, transition services and pre-employment transition services” after “services to be provided”. Subsec. (b)(7)(C)(ii). Pub. L. 113–128, § 461(8)(B)(vii)(III)(bb), inserted “, including the extended services that may be provided to youth with the most significant disabilities under this subchapter, in accordance with an approved individualized plan for employment, for a period not to exceed 4 years” after “services needed”. Subsec. (b)(7)(C)(iii). Pub. L. 113–128, § 461(8)(B)(vii)(III)(cc), substituted “identify, as appropriate, the source of extended services,” for “identify the source of extended services,”, “or indicate” for “or to the extent”, and “employment is developed;” for “employment is developed, a statement describing the basis for concluding that there is a reasonable expectation that such sources will become available;”. Subsec. (b)(7)(D). Pub. L. 113–128, § 461(8)(B)(vii)(IV), substituted “under this subchapter” for “under this part”. Subsec. (b)(7)(G). Pub. L. 113–128, § 461(8)(B)(vii)(VI), struck out “for the maximum number of hours possible” after “integrated setting”. Subsec. (b)(7)(H), (I). Pub. L. 113–128, § 461(8)(B)(vii)(V), (VII), added subpars. (H) and (I). 1998—Pub. L. 105–277 made technical amendment in original to section designation and catchline.
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# 29 U.S.C. § 795l - Restriction
## Text
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—
(1) eligible individuals receiving supported employment services under this subchapter;
(2) eligible individuals receiving supported employment services under subchapter I;
(3) eligible youth receiving supported employment services under this subchapter; and
(4) eligible youth receiving supported employment services under subchapter I.
(Pub. L. 93–112, title VI, § 607, as added Pub. L. 113–128, title IV, § 461(9), July 22, 2014, 128 Stat. 1682.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 795l, Pub. L. 93–112, title VI, § 607, formerly § 626, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1216; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(17)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 607, Pub. L. 113–128, title IV, § 461(3), July 22, 2014, 128 Stat. 1679, related to restriction, prior to repeal by Pub. L. 113–128, title IV, § 461(9), July 22, 2014, 128 Stat. 1682. Provisions similar to prior section 795l were contained in section 795o of this title prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 795l, Pub. L. 93–112, title VI, § 633, as added Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106 Stat. 4440; amended Pub. L. 103–73, title I, § 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, § 633, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct. 21, 1986, 100 Stat. 1834; amended Pub. L. 100–630, title II, § 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, § 621(a).
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---
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citation: "29 U.S.C. § 795m"
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# 29 U.S.C. § 795m - Savings provision
## Text
(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 subchapter 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 subchapter.
(Pub. L. 93–112, title VI, § 608, formerly § 627, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1216; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(18)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 608 and amended Pub. L. 113–128, title IV, § 461(3), (10), July 22, 2014, 128 Stat. 1679, 1682.)
## Notes
Editorial Notes
Prior ProvisionsProvisions 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, § 634, as added Pub. L. 102–569, title VI, § 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, § 634, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct. 21, 1986, 100 Stat. 1835; amended Pub. L. 100–630, title II, § 207(f), Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102–119, § 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, § 621(a).
Amendments2014—Subsec. (b). Pub. L. 113–128, § 461(10), substituted “this subchapter” for “this part” in two places. 1998—Pub. L. 105–277 made technical amendment in original to section designation and catchline.
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---
# 29 U.S.C. § 795n - Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities
## Text
(a) Establishment Not later than 60 days after July 22, 2014, the Secretary of Labor shall establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (referred to in this section as the “Committee”).
(b) Appointment and vacancies (1) Appointment The Secretary of Labor shall appoint the members of the Committee described in subsection (c)(6), in accordance with subsection (c).
(2) Vacancies Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner, in accordance with the same paragraph of subsection (c), as the original appointment or designation was made.
(c) Composition The Committee shall be composed of—
(1) the Assistant Secretary for Disability Employment Policy, the Assistant Secretary for Employment and Training, and the Administrator of the Wage and Hour Division, of the Department of Labor;
(2) the Commissioner of the Administration on Intellectual and Developmental Disabilities, or the Commissioner’s designee;
(3) the Director of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services, or the Director’s designee;
(4) the Commissioner of Social Security, or the Commissioner’s designee;
(5) the Commissioner of the Rehabilitation Services Administration, or the Commissioner’s designee; and
(6) representatives from constituencies consisting of—
(A) self-advocates for individuals with intellectual or developmental disabilities;
(B) providers of employment services, including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment;
(C) representatives of national disability advocacy organizations for adults with intellectual or developmental disabilities;
(D) experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities;
(E) representatives from the employer community or national employer organizations; and
(F) other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities.
(d) Chairperson The Committee shall elect a Chairperson of the Committee from among the appointed members of the Committee.
(e) Meetings The Committee shall meet at the call of the Chairperson, but not less than 8 times.
(f) Duties The Committee shall study, and prepare findings, conclusions, and recommendations for the Secretary of Labor on—
(1) ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment;
(2) the use of the certificate program carried out under section 214(c) of this title for the employment of individuals with intellectual or developmental disabilities, or other individuals with significant disabilities; and
(3) ways to improve oversight of the use of such certificates.
(g) Committee personnel matters (1) Travel expenses The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, the Secretary may accept the voluntary and uncompensated services of members of the Committee.
(2) Staff The Secretary of Labor may designate such personnel as may be necessary to enable the Committee to perform its duties.
(3) Detail of Government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(4) Facilities, equipment, and services The Secretary of Labor shall make available to the Committee, under such arrangements as may be appropriate, necessary equipment, supplies, and services.
(h) Reports (1) Interim and final reports The Committee shall prepare and submit to the Secretary of Labor, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives—
(A) an interim report that summarizes the progress of the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f); and
(B) a final report that states final findings, conclusions, and recommendations as described in subsection (f).
(2) Preparation and submission The reports shall be prepared and submitted—
(A) in the case of the interim report, not later than 1 year after the date on which the Committee is established under subsection (a); and
(B) in the case of the final report, not later than 2 years after the date on which the Committee is established under subsection (a).
(i) Termination The Committee shall terminate on the day after the date on which the Committee submits the final report.
(Pub. L. 93–112, title VI, § 609, as added Pub. L. 113–128, title IV, § 461(11), July 22, 2014, 128 Stat. 1682.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 795n, Pub. L. 93–112, title VI, § 609, formerly § 628, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1217; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(19)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 609, Pub. L. 113–128, title IV, § 461(3), July 22, 2014, 128 Stat. 1679, related to authorization of appropriations, prior to repeal by Pub. L. 113–128, title IV, § 461(11), July 22, 2014, 128 Stat. 1682. See section 795o of this title. Provisions similar to prior section 795n were contained in section 795q of this title prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 795n, Pub. L. 93–112, title VI, § 635, as added Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106 Stat. 4440, which related to State plans, was omitted in the general amendment of this subchapter by Pub. L. 105–220. See section 795k of this title. Another prior section 795n, Pub. L. 93–112, title VI, § 635, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct. 21, 1986, 100 Stat. 1836; amended Pub. L. 100–630, title II, § 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, § 621(a).
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chapter_number: "16"
chapter_name: "VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES"
section: "795o"
citation: "29 U.S.C. § 795o"
status: "current"
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---
# 29 U.S.C. § 795o - Authorization of appropriations
## Text
There is authorized to be appropriated to carry out this subchapter $27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016, $30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year 2020.
(Pub. L. 93–112, title VI, § 610, as added Pub. L. 113–128, title IV, § 461(11), July 22, 2014, 128 Stat. 1684.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 795o to 795r were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 795o, Pub. L. 93–112, title VI, § 636, as added Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106 Stat. 4442, related to collection of client information. Another prior section 795o, Pub. L. 93–112, title VI, § 636, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct. 21, 1986, 100 Stat. 1836, related to collection of client information, prior to repeal by Pub. L. 102–569, § 621(a). Section 795p, Pub. L. 93–112, title VI, § 637, as added Pub. L. 102–569, title VI, § 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, § 637, as added Pub. L. 99–506, title VII, § 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, § 621(a). Section 795q, Pub. L. 93–112, title VI, § 638, as added Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106 Stat. 4442, authorized appropriations. Another prior section 795q, Pub. L. 93–112, title VI, § 638, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct. 21, 1986, 100 Stat. 1837; amended Pub. L. 100–630, title II, § 207(h), Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102–52, § 7(c), June 6, 1991, 105 Stat. 262, authorized appropriations for fiscal years 1987 to 1992, prior to repeal by Pub. L. 102–569, § 621(a). Section 795r, Pub. L. 93–112, title VI, § 641, formerly § 622, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2994; amended Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 100–630, title II, § 207(c), Nov. 7, 1988, 102 Stat. 3313; renumbered § 641 and amended Pub. L. 102–569, title I, § 102(p)(39), title VI, § 612(a)(2), (3), (b), Oct. 29, 1992, 106 Stat. 4361, 4438, related to business opportunities for individuals with disabilities.
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# 29 U.S.C. § 796–1 - Administration of the independent living program
## Text
There is established within the Administration for Community Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section as the “Director”) appointed by the Secretary of Health and Human Services. The Director shall be an individual with substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the Director shall be the principal officer, to carry out this part. In performing the functions of the office, the Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. The Secretary shall ensure that the Independent Living Administration has sufficient resources (including designating at least 1 individual from the Office of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support to, and oversight of, the programs funded under this part.
(Pub. L. 93–112, title VII, § 701A, as added Pub. L. 113–128, title IV, § 472, July 22, 2014, 128 Stat. 1685.)
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# 29 U.S.C. § 796 - Purpose
## Text
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, State programs of supported employment services receiving assistance under subchapter VI, 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, with the goal of improving the independence of individuals with disabilities.
(Pub. L. 93–112, title VII, § 701, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1217; amended Pub. L. 113–128, title IV, § 471, July 22, 2014, 128 Stat. 1685.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796, Pub. L. 93–112, title VII, § 701, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4443; amended Pub. L. 103–73, title I, § 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, § 701, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2995, provided Congressional statement of purpose of former subchapter VII, prior to repeal by Pub. L. 102–569, § 701(1).
Amendments2014—Par. (3). Pub. L. 113–128 substituted “subchapter VI” for “part B of subchapter VI” and inserted before period at end “, with the goal of improving the independence of individuals with disabilities”.
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# 29 U.S.C. § 796a - Definitions
## Text
As used in this part:
(1) Administrator The term “Administrator” means the Administrator of the Administration for Community Living of the Department of Health and Human Services.
(2) Center for independent living The term “center for independent living” means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency for individuals with significant disabilities (regardless of age or income) that—
(A) is designed and operated within a local community by individuals with disabilities; and
(B) provides an array of independent living services, including, at a minimum, independent living core services as defined in section 705(17) of this title.
(3) 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, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center.
(Pub. L. 93–112, title VII, § 702, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218; amended Pub. L. 113–128, title IV, § 473, July 22, 2014, 128 Stat. 1685.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796a, Pub. L. 93–112, title VII, § 702, as added Pub. L. 102–569, title VII, § 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, § 702, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2995; amended Pub. L. 99–506, title I, § 103(d)(2)(A), (C), title VIII, § 801, title X, §§ 1001(g)(1), 1002(h), Oct. 21, 1986, 100 Stat. 1810, 1837, 1843, 1844; Pub. L. 100–630, title II, § 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, § 701(1).
Amendments2014—Par. (1). Pub. L. 113–128, § 473(4), added par. (1). Former par. (1) redesignated (2). Pub. L. 113–128, § 473(1)(A), inserted “for individuals with significant disabilities (regardless of age or income)” before “that—” in introductory provisions. Par. (1)(B). Pub. L. 113–128, § 473(1)(B), inserted “, including, at a minimum, independent living core services as defined in section 705(17) of this title” before period at end. Par. (2). Pub. L. 113–128, § 473(3), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pub. L. 113–128, § 473(2), inserted “, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center” before period at end. Par. (3). Pub. L. 113–128, § 473(3), redesignated par. (2) as (3).
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# 29 U.S.C. § 796b - Eligibility for receipt of services
## Text
Services may be provided under this part to any individual with a significant disability, as defined in section 705(21)(B) of this title.
(Pub. L. 93–112, title VII, § 703, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796b, Pub. L. 93–112, title VII, § 703, as added Pub. L. 102–569, title VII, § 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, § 703, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2996; amended Pub. L. 99–506, title X, § 1001(g)(2), Oct. 21, 1986, 100 Stat. 1843; Pub. L. 100–630, title II, § 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, § 701(1).
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# 29 U.S.C. § 796c - State plan
## Text
(a) In general (1) Requirement To be eligible to receive financial assistance under this part, a State shall submit to the Administrator, and obtain approval of, a State plan developed and signed in accordance with paragraph (2), containing such provisions as the Administrator may require, including, at a minimum, the provisions required in this section.
(2) Joint development The plan under paragraph (1) shall be jointly—
(A) developed by the chairperson of the Statewide Independent Living Council, and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities and other stakeholders throughout the State; and
(B) signed by—
(i) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council;
(ii) the director of the designated State entity described in subsection (c); and
(iii) not less than 51 percent of the directors of the centers for independent living in the State.
(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 independent living services in the State;
(B) the development and support of a statewide network of centers for independent living; and
(C) working relationships and collaboration between—
(i) centers for independent living; and
(ii) (I) entities carrying out programs that provide independent living services, including those serving older individuals;
(II) other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and
(III) entities carrying out other programs providing services for individuals with disabilities.
(4) Date of submission The State shall submit the plan to the Administrator 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 Administrator may withhold financial assistance under this part until such time as the State submits such a plan.
(5) Statewideness The State plan shall describe strategies for providing independent living services on a statewide basis, to the greatest extent possible.
(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 entity The plan shall designate a State entity of such State (referred to in this subchapter as the “designated State entity”) 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 Administrator finds to be necessary with respect to the programs;
(4) submit such additional information or provide such assurances as the Administrator may require with respect to the programs; and
(5) retain not more than 5 percent of the funds received by the State for any fiscal year under subpart 2, for the performance of the services outlined in paragraphs (1) through (4).
(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 Statewide Independent Living Council;
(2) centers for independent living;
(3) the designated State entity; and
(4) other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, 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.
(l) 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 Administrator determines to be appropriate to facilitate an effective audit;
(C) afford such access to records maintained under subparagraphs (A) and (B) as the Administrator determines to be appropriate; and
(D) submit such reports with respect to such records as the Administrator determines to be appropriate;
(5) provide access to the Administrator 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), including evaluation of satisfaction by individuals with disabilities.
(o) Promoting full access to community life The plan shall describe how the State will provide independent living services described in section 705(18) of this title that promote full access to community life for individuals with significant disabilities.
(Pub. L. 93–112, title VII, § 704, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218; amended Pub. L. 113–128, title IV, § 474, July 22, 2014, 128 Stat. 1686.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796c, Pub. L. 93–112, title VII, § 704, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4444; amended Pub. L. 103–73, title I, § 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, § 704, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2997; amended Pub. L. 100–630, title II, § 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, § 701(1).
Amendments2014—Subsec. (a)(1). Pub. L. 113–128, § 474(1)(A), substituted “Administrator” for “Commissioner” in two places and inserted “developed and signed in accordance with paragraph (2),” after “State plan”. Subsec. (a)(2). Pub. L. 113–128, § 474(1)(B), struck out “developed and signed by” after “jointly” in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which read as follows: “(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.” Subsec. (a)(3)(A). Pub. L. 113–128, § 474(1)(C)(i), substituted “independent living services in the State” for “State independent living services”. Subsec. (a)(3)(C). Pub. L. 113–128, § 474(1)(C)(ii), added subpar. (C) and struck out former subpar. (C) which read as follows: “(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.” Subsec. (a)(4). Pub. L. 113–128, § 474(1)(D), substituted “Administrator” for “Commissioner” in two places. Subsec. (a)(5). Pub. L. 113–128, § 474(1)(E), added par. (5). Subsec. (c). Pub. L. 113–128, § 474(2)(A), (B), substituted “entity” for “unit” in heading and “a State entity of such State (referred to in this subchapter as the ‘designated State entity’)” for “the designated State unit of such State” in introductory provisions. Subsec. (c)(3), (4). Pub. L. 113–128, § 474(2)(C), substituted “Administrator” for “Commissioner”. Subsec. (c)(5). Pub. L. 113–128, § 474(2)(D)–(F), added par. (5). Subsec. (i). Pub. L. 113–128, § 474(3), added pars. (1) to (4) and struck out former pars. (1) and (2) which read as follows: “(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.” Subsec. (m)(4), (5). Pub. L. 113–128, § 474(4), substituted “Administrator” for “Commissioner” wherever appearing. Subsec. (o). Pub. L. 113–128, § 474(5), added subsec. (o).
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# 29 U.S.C. § 796d–1 - Responsibilities of the Administrator
## Text
(a) Approval of State plans (1) In general The Administrator shall approve any State plan submitted under section 796c of this title that the Administrator 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 Administrator 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 Administrator 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 or the Commissioner shall be deemed to be references to the Administrator;
(ii) to the State agency shall be deemed to be references to the designated State entity; and
(iii) to section 721 of this title shall be deemed to be references to section 796c of this title.
(b) Indicators Not later than 1 year after July 22, 2014, the Administrator shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section 796f–4 of this title), and indicators of minimum compliance for Statewide Independent Living Councils.
(c) Onsite compliance reviews (1) Reviews The Administrator 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 Administrator 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.
(2) Qualifications of employees conducting reviews The Administrator shall—
(A) to the maximum extent practicable, carry out a review described in paragraph (1) by using employees of the Department of Health and Human Services who are knowledgeable about the provision of independent living services;
(B) ensure that the employee of the Department of Health and Human Services 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 (1) In general The Director described in section 796–1 of this title shall provide to the Administrator of the Administration for Community Living and the Administrator shall include, in an annual report, 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 Director may identify individual centers for independent living in the analysis contained in that information. The Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under subpart 3.
(2) Public availability The Director shall ensure that the report described in this subsection is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this chapter.
(Pub. L. 93–112, title VII, § 706, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1223; amended Pub. L. 113–128, title IV, § 475A, July 22, 2014, 128 Stat. 1689.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796d–1, Pub. L. 93–112, title VII, § 706, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4448; amended Pub. L. 103–73, title I, § 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, § 706, as added Pub. L. 99–506, title VIII, § 803(a), Oct. 21, 1986, 100 Stat. 1837; amended Pub. L. 100–630, title II, § 208(e), Nov. 7, 1988, 102 Stat. 3314, provided for a State Independent Living Council, prior to repeal by Pub. L. 102–569, § 701(1).
Amendments2014—Pub. L. 113–128, § 475A(1), substituted “the Administrator” for “Commissioner” in section catchline. Subsec. (a)(1). Pub. L. 113–128, § 475A(2)(A), substituted “Administrator” for “Commissioner” wherever appearing. Subsec. (a)(2)(A). Pub. L. 113–128, § 475A(2)(B)(i), substituted “Administrator” for “Commissioner”. Subsec. (a)(2)(B)(i). Pub. L. 113–128, § 475A(2)(B)(ii)(I), inserted “or the Commissioner” after “to the Secretary” and substituted “to the Administrator;” for “to the Commissioner; and”. Subsec. (a)(2)(B)(ii), (iii). Pub. L. 113–128, § 475A(2)(B)(ii)(II), (III), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (b). Pub. L. 113–128, § 475A(3), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “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.” Subsec. (c)(1). Pub. L. 113–128, § 475A(4)(A), substituted “Administrator” for “Commissioner” wherever appearing and struck out last sentence which read as follows: “The Administrator shall select the centers and State units described in this paragraph for review on a random basis.” Subsec. (c)(2). Pub. L. 113–128, § 475A(4)(B)(i), substituted “Administrator” for “Commissioner” in introductory provisions. Subsec. (c)(2)(A). Pub. L. 113–128, § 475A(4)(B)(ii), (iii), substituted “a review described in paragraph (1)” for “such a review” and “Department of Health and Human Services” for “Department”. Subsec. (c)(2)(B). Pub. L. 113–128, § 475A(4)(B)(iii), substituted “Department of Health and Human Services” for “Department”. Subsec. (d). Pub. L. 113–128, § 475A(5), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “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.”
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# 29 U.S.C. § 796d - Statewide Independent Living Council
## Text
(a) Establishment To be eligible to receive financial assistance under this part, each State shall establish and maintain 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) among its voting members, at least 1 director of a center for independent living chosen by the directors of centers for independent living within the State;
(B) among its voting members, for a State in which 1 or more centers for independent living are run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations, at least 1 representative of the directors of such centers; and
(C) as ex officio, nonvoting members, a representative of the designated State entity, and representatives from State agencies that provide services for individuals with disabilities.
(3) Additional members The Council may include—
(A) other representatives from centers for independent living;
(B) individuals with disabilities;
(C) parents and guardians of individuals with disabilities;
(D) advocates of and for individuals with disabilities;
(E) representatives from private businesses;
(F) representatives from organizations that provide services for individuals with disabilities; and
(G) 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 (1) 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, other than a representative described in paragraph (2)(A) if there is only one center for independent living within the State, 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) Functions (1) Duties The Council shall—
(A) develop the State plan as provided in section 796c(a)(2) of this title;
(B) monitor, review, and evaluate the implementation of the State plan;
(C) meet regularly, and ensure that such meetings of the Council are open to the public and sufficient advance notice of such meetings is provided;
(D) submit to the Administrator such periodic reports as the Administrator may reasonably request, and keep such records, and afford such access to such records, as the Administrator finds necessary to verify the information in such reports; and
(E) as appropriate, coordinate activities with other entities in the State that provide services similar to or complementary to independent living services, such as entities that facilitate the provision of or provide long-term community-based services and supports.
(2) Authorities The Council may, consistent with the State plan described in section 796c of this title, unless prohibited by State law—
(A) in order to improve services provided to individuals with disabilities, work with centers for independent living to coordinate services with public and private entities;
(B) conduct resource development activities to support the activities described in this subsection or to support the provision of independent living services by centers for independent living; and
(C) perform such other functions, consistent with the purpose of this part and comparable to other functions described in this subsection, as the Council determines to be appropriate.
(3) Limitation The Council shall not provide independent living services directly to individuals with significant disabilities or manage such services.
(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 entity, 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 entity or any other agency or office of the State, that would create a conflict of interest.
(f) Compensation and expenses The Council may use available resources to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (such as personal assistance services), and to pay reasonable 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.
(Pub. L. 93–112, title VII, § 705, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1220; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(c)(7)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–416; Pub. L. 113–128, title IV, § 475, July 22, 2014, 128 Stat. 1687.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796d, Pub. L. 93–112, title VII, § 705, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4446; amended Pub. L. 103–73, title I, § 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, § 705, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2997; amended Pub. L. 99–506, title I, § 103(d)(2)(B), (C), (h)(2), title VIII, § 802, title X, § 1001(g)(3), Oct. 21, 1986, 100 Stat. 1810, 1811, 1837, 1843; Pub. L. 100–630, title II, § 208(d), Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102–119, § 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, § 701(1).
Amendments2014—Subsec. (a). Pub. L. 113–128, § 475(1), inserted “and maintain” after “shall establish”. Subsec. (b)(2)(A). Pub. L. 113–128, § 475(2)(A)(i), inserted “among its voting members,” before “at least” and substituted “1” for “one”. Subsec. (b)(2)(B), (C). Pub. L. 113–128, § 475(2)(A)(ii), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows: “(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.” Subsec. (b)(3)(B). Pub. L. 113–128, § 475(2)(B)(ii), struck out “parents and guardians of” before “individuals”. Subsec. (b)(3)(C) to (G). Pub. L. 113–128, § 475(2)(B)(i), (iii), added subpar. (C) and redesignated former subpars. (C) to (F) as (D) to (G), respectively. Subsec. (b)(5)(B). Pub. L. 113–128, § 475(2)(C), substituted “paragraph (1)” for “paragraph (3)”. Subsec. (b)(6)(B). Pub. L. 113–128, § 475(2)(D), inserted “, other than a representative described in paragraph (2)(A) if there is only one center for independent living within the State,” after “the Council”. Subsec. (c). Pub. L. 113–128, § 475(3), added subsec. (c) and struck out former subsec. (c) which related to duties of the Council. Subsec. (e)(1). Pub. L. 113–128, § 475(4)(A), substituted “prepare, in conjunction with the designated State entity, a plan” for “prepare, in conjunction with the designated State unit, a plan”. Subsec. (e)(3). Pub. L. 113–128, § 475(4)(B), substituted “State entity” for “State agency”. Subsec. (f). Pub. L. 113–128, § 475(5), substituted “available resources” for “such resources” and “(such as personal assistance services), and to pay reasonable compensation” for “(including child care and personal assistance services), and to pay compensation”. 1998—Subsec. (b)(1). Pub. L. 105–277, § 101(f) [title VIII, § 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, § 101(f) [title VIII, § 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, § 101(f) [title VIII, § 402(c)(7)(C)], substituted “appointing authority described in paragraph (3)” for “Governor”.
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# 29 U.S.C. § 796e–0 - Training and technical assistance
## Text
(a) Reservation of funds for training and technical assistance From the funds appropriated and made available to carry out this subpart for any fiscal year, beginning with fiscal year 2015, the Administrator shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to Statewide Independent Living Councils established under section 796d of this title for such fiscal year.
(b) Survey of Statewide Independent Living Councils The Administrator shall conduct a survey of such Statewide Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance.
(c) Submission of application; peer review To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the Administrator at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the Administrator may require. The Administrator shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of such Statewide Independent Living Councils.
(Pub. L. 93–112, title VII, § 711A, as added Pub. L. 113–128, title IV, § 476(b), July 22, 2014, 128 Stat. 1690.)
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# 29 U.S.C. § 796e–1 - Payments to States from allotments
## Text
(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 Administrator 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.
(Pub. L. 93–112, title VII, § 712, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1225; amended Pub. L. 113–128, title IV, § 476(c), July 22, 2014, 128 Stat. 1691.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796e–1, Pub. L. 93–112, title VII, § 712, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4451; amended Pub. L. 103–73, title I, § 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.
Amendments2014—Subsec. (a). Pub. L. 113–128 substituted “Administrator” for “Commissioner”.
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# 29 U.S.C. § 796e–2 - Authorized uses of funds
## Text
(a) In general The State may use funds received under this subpart to provide the resources described in section 796d(e) of this title (but may not use more than 30 percent of the funds paid to the State under section 796e–1 of this title for such resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under section 796d–1 of this title), relating to the Statewide Independent Living Council, may retain funds under section 796c(c)(5) of this title, and shall distribute the remainder of the funds received under this subpart in a manner consistent with the approved State plan for the activities described in subsection (b).
(b) Activities The State may use the remainder of the funds described in subsection (a)—
(1) to provide independent living services to individuals with significant disabilities, particularly those in unserved areas of the State;
(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.
(Pub. L. 93–112, title VII, § 713, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1226; amended Pub. L. 113–128, title IV, § 476(d), July 22, 2014, 128 Stat. 1691.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796e–2, Pub. L. 93–112, title VII, § 713, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4451; amended Pub. L. 103–73, title I, § 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.
Amendments2014—Pub. L. 113–128 added subsec. (a), redesignated existing provisions as subsec. (b), in introductory provisions, substituted “The State may use the remainder of the funds described in subsection (a)—” for “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—” and, in par. (1), inserted “, particularly those in unserved areas of the State” after “disabilities”.
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# 29 U.S.C. § 796e–3 - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out this subpart $22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year 2020.
(Pub. L. 93–112, title VII, § 714, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1226; amended Pub. L. 113–128, title IV, § 476(e), July 22, 2014, 128 Stat. 1691.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796e–3, Pub. L. 93–112, title VII, § 714, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4452, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Pub. L. 113–128 substituted “$22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”
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# 29 U.S.C. § 796e - Allotments
## Text
(a) In general (1) States (A) Population basis After the reservation required by section 796e–0 of this title is made, and except as provided in subparagraphs (B) and (C), from the remainder of the sums appropriated for each fiscal year to carry out this subpart, the Administrator 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 ⅓ 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 ⅓ 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 ⅛ of 1 percent of the remainder described in paragraph (1)(A) 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 Administrator 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), to provide minimum allotments to States (as increased under subsection (a)(3)) under subsection (a)(1)(C), or to provide minimum allotments to States under subsection (a)(2)(B), the Administrator shall proportionately reduce the allotments of the remaining States under subsection (a)(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 subsection (a)(1)(B).
(c) Reallotment Whenever the Administrator 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 Administrator shall make such amount available for carrying out the provisions of this subpart to one or more of the States that the Administrator 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.
(d) Administration Funds allotted or made available to a State under this section shall be administered by the designated State entity, in accordance with the approved State plan.
(Pub. L. 93–112, title VII, § 711, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1224; amended Pub. L. 113–128, title IV, § 476(a), July 22, 2014, 128 Stat. 1690.)
## Notes
Editorial Notes
References in TextPart 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 (§ 796 et seq.) which was included in the repeal of subchapter VII of this chapter by Pub. L. 102–569, title VII, § 701(1), Oct. 29, 1992, 106 Stat. 4443.
Prior ProvisionsA prior section 796e, Pub. L. 93–112, title VII, § 711, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4450; amended Pub. L. 103–73, title I, § 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, § 711, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2998; amended Pub. L. 98–221, title I, § 171, Feb. 22, 1984, 98 Stat. 30; Pub. L. 99–506, title I, § 103(d)(2)(C), title VIII, §§ 804(a)(1), (b), (c), 805, Oct. 21, 1986, 100 Stat. 1810, 1838, 1839; Pub. L. 100–630, title II, § 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, § 701(1).
Amendments2014—Subsec. (a)(1)(A). Pub. L. 113–128, § 476(a)(1)(A), (2), substituted “After the reservation required by section 796e–0 of this title is made, and except” for “Except”, inserted “the remainder of the” before “sums appropriated”, and substituted “Administrator” for “Commissioner”. Subsec. (a)(2)(B). Pub. L. 113–128, § 476(a)(1)(B), substituted “remainder described in paragraph (1)(A)” for “amounts made available for purposes of this subpart”. Subsecs. (a)(3) to (c). Pub. L. 113–128, § 476(a)(2), substituted “Administrator” for “Commissioner” wherever appearing. Subsec. (d). Pub. L. 113–128, § 476(a)(3), added subsec. (d).
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# 29 U.S.C. § 796f–1 - Grants to centers for independent living in States in which Federal funding exceeds State funding
## Text
(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 Administrator 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 Administrator 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 Administrator has approved the State plan required by section 796c of this title, the Administrator 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 Administrator 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 Administrator at such time, in such manner, and containing such information as the Administrator may require.
(c) Existing eligible agencies In the administration of the provisions of this section, the Administrator shall award grants for a fiscal year to any eligible agency that has been awarded a grant under this subpart for the preceding fiscal year, unless the Administrator 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 Administrator may award a grant under this section to the most qualified applicant proposing to serve such region. The Administrator’s determination of the most qualified applicant shall be 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 Administrator—
(A) shall consider comments regarding the application—
(i) by individuals with disabilities and other interested parties within the new region proposed to be served; and
(ii) 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 Administrator 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 Administrator shall support existing centers for independent living, as described in subsection (c), 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 Administrator shall provide for a cost-of-living increase for such existing centers for independent living.
(3) The Administrator shall fund new centers for independent living, as described in subsection (d), 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 Administrator 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 Administrator 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 Administrator shall immediately notify such center that it is out of compliance.
(2) Enforcement The Administrator 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 Administrator.
(Pub. L. 93–112, title VII, § 722, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1229; amended Pub. L. 113–128, title IV, § 482(a), July 22, 2014, 128 Stat. 1692.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796f–1, Pub. L. 93–112, title VII, § 722, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4456; amended Pub. L. 103–73, title I, § 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.
Amendments2014—Subsecs. (a), (b). Pub. L. 113–128, § 482(a)(1), substituted “Administrator” for “Commissioner” wherever appearing. Subsec. (c). Pub. L. 113–128, § 482(a)(1), (2), substituted “Administrator” for “Commissioner” in two places, “grants for a fiscal year” for “grants”, and “for the preceding fiscal year” for “by September 30, 1997”. Subsec. (d)(1). Pub. L. 113–128, § 482(a)(3)(A), substituted “Administrator” for “Commissioner” and “region. The Administrator’s determination of the most qualified applicant shall be 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.” for “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.” Subsec. (d)(2). Pub. L. 113–128, § 482(a)(3)(B)(i), substituted “Administrator” for “Commissioner” in introductory provisions. Subsec. (d)(2)(A). Pub. L. 113–128, § 482(a)(3)(B)(ii), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “shall consider comments regarding the application, if any, by the Statewide Independent Living Council in the State in which the applicant is located;”. Subsecs. (e), (g). Pub. L. 113–128, § 482(a)(4), which directed substitution of “Administrator.” for “Commissioner” wherever appearing, was executed by substituting “Administrator” for “Commissioner” wherever appearing, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Grants to Centers for Independent Living in States in Which Federal Funding Exceeds State FundingPub. L. 111–213, § 2(a), July 29, 2010, 124 Stat. 2343, provided that: “(1) In general.—If the conditions described in paragraph (2) are satisfied with respect to a State, in awarding funds to existing centers for independent living (described in section 722(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f–1(c))) in the State, the Commissioner of the Rehabilitation Services Administration—“(A) in fiscal year 2010—“(i) shall distribute among such centers funds appropriated for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.) by any Act other than the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) in the same proportion as such funds were distributed among such centers in the State in fiscal year 2009, notwithstanding section 722(e) of the Rehabilitation Act of 1973 (29 U.S.C. 796f–1(e)) and any contrary provision of a State plan submitted under section 704 of such Act (29 U.S.C. 796c); and “(ii) shall disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.); and “(B) in fiscal year 2011 and subsequent fiscal years, shall disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.). “(2) Conditions.—The conditions described in this paragraph are the following:“(A) The Commissioner receives a request from the State, not later than August 5, 2010, jointly signed by the State’s designated State unit (referred to in section 704(c) of such Act (29 U.S.C. 796c(c))) and the State’s Statewide Independent Living Council (established under section 705 of such Act (29 U.S.C. 796d)), for the Commissioner to disregard any funds provided to centers for independent living in the State from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.). “(B) The Commissioner is not conducting a competition to establish a new part C center for independent living with funds appropriated by the American Recovery and Reinvestment Act of 2009 in the State.”
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# 29 U.S.C. § 796f–2 - Grants to centers for independent living in States in which State funding equals or exceeds Federal funding
## Text
(a) Establishment (1) In general (A) Initial year (i) Determination The director of a designated State unit, as provided in paragraph (2), or the Administrator, as provided in paragraph (3), shall award grants under this section for an initial fiscal year if the Administrator 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 of a designated State unit or the Administrator, 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 Administrator shall by regulation specify the preceding fiscal year with respect to which the Administrator 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 Administrator 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 Administrator, 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 Administrator at such time, and in such manner as the Administrator may require, including information about the amount of State funds described in paragraph (1) for the preceding fiscal year. If the Administrator makes a determination described in subparagraph (A)(i) or (B), as appropriate, of paragraph (1), the Administrator 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 Administrator 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 Administrator 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 Administrator 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 for a fiscal year under this section to any eligible agency that has been awarded a grant under this subpart for the preceding fiscal year, 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), 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), 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), the date of any final decision under subsection (i),
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 Administrator.
(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 Administrator.
(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 Administrator for a final decision.
(Pub. L. 93–112, title VII, § 723, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1231; amended Pub. L. 113–128, title IV, § 482(b), July 22, 2014, 128 Stat. 1693.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796f–2, Pub. L. 93–112, title VII, § 723, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4458; amended Pub. L. 103–73, title I, § 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.
Amendments2014—Subsec. (a). Pub. L. 113–128, § 482(b)(1), substituted “Administrator” for “Commissioner” wherever appearing in text. Subsec. (a)(1)(A)(ii). Pub. L. 113–128, § 482(b)(2)(A), inserted “of a designated State unit” after “director”. Subsec. (a)(3). Pub. L. 113–128, § 482(b)(2)(B), substituted “Administrator” for “Commissioner” in heading. Subsec. (b). Pub. L. 113–128, § 482(b)(1), substituted “Administrator” for “Commissioner” in introductory provisions. Subsec. (c). Pub. L. 113–128, § 482(b)(3), substituted “grants for a fiscal year” for “grants” and “for the preceding fiscal year” for “by September 30, 1997”. Subsecs. (g)(2), (h), (i). Pub. L. 113–128, § 482(b)(1), substituted “Administrator” for “Commissioner”.
Statutory Notes and Related Subsidiaries
Grants to Centers for Independent Living in States in Which State Funding Equals or Exceeds Federal FundingPub. L. 111–213, § 2(b), July 29, 2010, 124 Stat. 2344, provided that: “In awarding funds to existing centers for independent living (described in section 723(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f–2(c))) in a State, the director of the designated State unit that has approval to make such awards— “(1) in fiscal year 2010—“(A) may distribute among such centers funds appropriated for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.) by any Act other than the American Recovery and Reinvestment Act of 2009 [Pub. L. 111–5] in the same proportion as such funds were distributed among such centers in the State in fiscal year 2009, notwithstanding section 723(e) of the Rehabilitation Act of 1973 (29 U.S.C. 796f–2(e)) and any contrary provision of a State plan submitted under section 704 of such Act (29 U.S.C. 796c); and “(B) may disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.); and “(2) in fiscal year 2011 and subsequent fiscal years, may disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.).”
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# 29 U.S.C. § 796f–3 - Centers operated by State agencies
## Text
A State that receives assistance for fiscal year 2015 with respect to a center in accordance with subsection (a) of this section (as in effect on the day before July 22, 2014) may continue to receive assistance under this subpart for fiscal year 2015 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 Administrator; 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 Administrator determines that funds remain available to provide such assistance.
(Pub. L. 93–112, title VII, § 724, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1234; amended Pub. L. 113–128, title IV, § 482(c), July 22, 2014, 128 Stat. 1693.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796f–3, Pub. L. 93–112, title VII, § 724, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4461; amended Pub. L. 103–73, title I, § 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.
Amendments2014—Pub. L. 113–128, § 482(c)(1), in introductory provisions, substituted “2015” for “1993” in two places and “July 22, 2014” for “August 7, 1998”. Pars. (1)(A), (2). Pub. L. 113–128, § 482(c)(2), substituted “Administrator” for “Commissioner”.
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# 29 U.S.C. § 796f–4 - Standards and assurances for centers for independent living
## Text
(a) In general Each center for independent living that receives assistance under this subpart shall comply with the standards set out in subsection (b) and provide and comply with the assurances set out in subsection (c) 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 for individuals with significant disabilities, within their communities, 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 Administrator may require, such satisfactory assurances as the Administrator 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);
(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 Administrator, 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); 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.
(Pub. L. 93–112, title VII, § 725, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1234; amended Pub. L. 105–332, § 5(c), Oct. 31, 1998, 112 Stat. 3127; Pub. L. 113–128, title IV, § 483, July 22, 2014, 128 Stat. 1693.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796f–4, Pub. L. 93–112, title VII, § 725, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4462; amended Pub. L. 103–73, title I, § 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.
Amendments2014—Subsec. (b)(1)(D). Pub. L. 113–128, § 483(1), substituted “access for” for “access of” and “, within their communities,” for “to society and”. Subsec. (c). Pub. L. 113–128, § 483(2), substituted “Administrator” for “Commissioner” wherever appearing. 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;”.
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# 29 U.S.C. § 796f–5 - “Eligible agency” defined
## Text
As used in this subpart, the term “eligible agency” means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency.
(Pub. L. 93–112, title VII, § 726, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796f–5, Pub. L. 93–112, title VII, § 726, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4464, defined “eligible agency”, prior to the general amendment of this subchapter by Pub. L. 105–220.
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# 29 U.S.C. § 796f–6 - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out this subpart $78,305,000 for fiscal year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for fiscal year 2018, $90,083,000 for fiscal year 2019, and $91,992,000 for fiscal year 2020.
(Pub. L. 93–112, title VII, § 727, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237; amended Pub. L. 113–128, title IV, § 484, July 22, 2014, 128 Stat. 1693.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796f–6, Pub. L. 93–112, title VII, § 727, as added Pub. L. 102–569, title VII, § 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, § 701(1), Oct. 29, 1992, 106 Stat. 4443. Section 796g, Pub. L. 93–112, title VII, § 731, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 3000; amended Pub. L. 99–506, title I, § 103(h)(2), Oct. 21, 1986, 100 Stat. 1811; Pub. L. 100–630, title II, § 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, § 732, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 3000; amended Pub. L. 99–506, title I, § 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, § 741, formerly § 731, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 3001; renumbered § 741 and amended Pub. L. 98–221, title I, § 172(a)(1), (b), Feb. 22, 1984, 98 Stat. 32; Pub. L. 99–506, title VIII, § 806, Oct. 21, 1986, 100 Stat. 1840; Pub. L. 100–630, title II, § 208(i), Nov. 7, 1988, 102 Stat. 3315; Pub. L. 102–52, § 8, June 6, 1991, 105 Stat. 262, provided for appropriations.
Amendments2014—Pub. L. 113–128 substituted “$78,305,000 for fiscal year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for fiscal year 2018, $90,083,000 for fiscal year 2019, and $91,992,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”
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# 29 U.S.C. § 796f - Program authorization
## Text
(a) In general From the funds appropriated for fiscal year 2015 and for each subsequent fiscal year to carry out this subpart, the Administrator shall make available such sums as may be necessary to States, centers for independent living, and other entities in accordance with subsections (b) through (d).
(b) Training (1) Grants; contracts; cooperative agreements From the funds appropriated to carry out this subpart for any fiscal year, beginning with fiscal year 2015, the Administrator shall first reserve not less than 1.8 percent and not more than 2 percent of the funds, to provide training and technical assistance to centers for independent living and eligible agencies for such fiscal year.
(2) Allocation From the funds reserved under paragraph (1), the Administrator shall make grants to, or enter into contracts or cooperative agreements with, entities that have experience in the operation of centers for independent living to provide such training and technical assistance with respect to fiscal management of,11 So in original. planning, developing, conducting, administering, and evaluating centers for independent living.
(3) Funding priorities The Administrator shall conduct a survey of 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 cooperative agreement under this subsection, such an entity shall submit an application to the Administrator at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Administrator may require. The Administrator 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 Administrator 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) 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 Administrator 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 ⅓ 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 ⅓ 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 ⅓ 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 ⅓ 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 ⅛ 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 Administrator 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 Administrator 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 Administrator 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 Administrator shall make such amount available for carrying out the provisions of this subpart to one or more of the States that the Administrator 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.
(Pub. L. 93–112, title VII, § 721, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1226; amended Pub. L. 113–128, title IV, § 481, July 22, 2014, 128 Stat. 1691.)
## Notes
Editorial Notes
References in TextPart 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 (§ 796e) which was included in the repeal of subchapter VII of this chapter by Pub. L. 102–569, title VII, § 701(1), Oct. 29, 1992, 106 Stat. 4443.
Prior ProvisionsA prior section 796f, Pub. L. 93–112, title VII, § 721, as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106 Stat. 4452; amended Pub. L. 103–73, title I, § 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, § 721, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 2999; amended Pub. L. 99–506, title X, § 1001(g)(4), Oct. 21, 1986, 100 Stat. 1843; Pub. L. 100–630, title II, § 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, § 701(1).
Amendments2014—Subsec. (a). Pub. L. 113–128, § 481(1), substituted “2015” for “1999” and “Administrator shall make available” for “Commissioner shall allot” and inserted “, centers for independent living,” after “States”. Subsec. (b)(1). Pub. L. 113–128, § 481(2)(A), in heading, substituted “cooperative agreements” for “other arrangements”, and in text, substituted “From the funds appropriated to carry out this subpart for any fiscal year, beginning with fiscal year 2015, the Administrator” for “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”, “reserve not less than 1.8 percent and not more than 2 percent of the funds” for “reserve from such excess”, and “centers for independent living and eligible agencies for such fiscal year.” for “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.” Subsec. (b)(2). Pub. L. 113–128, § 481(2)(B), substituted “Administrator shall make grants to, or enter into contracts or cooperative agreements with,” for “Commissioner shall make grants to, and enter into contracts and other arrangements with,” and inserted “fiscal management of,” before “planning,”. Subsec. (b)(3). Pub. L. 113–128, § 481(2)(C), (D), substituted “Administrator” for “Commissioner” and struck out “Statewide Independent Living Councils and” before “centers”. Subsec. (b)(4). Pub. L. 113–128, § 481(3), which directed substitution of “cooperative agreement” for “other arrangement” in par. (4), was executed by making the substitution in par. (4) of subsec. (b) to reflect the probable intent of Congress. Pub. L. 113–128, § 481(2)(C), substituted “Administrator” for “Commissioner” wherever appearing. Subsec. (b)(5). Pub. L. 113–128, § 481(2)(C), substituted “Administrator” for “Commissioner”. Subsec. (c). Pub. L. 113–128, § 481(4), substituted “Administrator” for “Commissioner” wherever appearing. Subsec. (d). Pub. L. 113–128, § 481(5), substituted “Administrator” for “Commissioner” wherever appearing.
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# 29 U.S.C. § 796j–1 - Training and technical assistance
## Text
(a) In general From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to designated State agencies, or other providers of independent living services for older individuals who are blind, that are funded under this part for such fiscal year.
(b) Survey The Commissioner shall conduct a survey of designated State agencies that receive grants under section 796k of this title regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance.
(c) Application for grant To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the Commissioner at such time, in such manner, 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 applications by panels that include persons who are not government employees and who have experience in the provision of services to older individuals who are blind.
(Pub. L. 93–112, title VII, § 751A, as added Pub. L. 113–128, title IV, § 486, July 22, 2014, 128 Stat. 1693.)
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# 29 U.S.C. § 796j - “Older individual who is blind” defined
## Text
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.
(Pub. L. 93–112, title VII, § 751, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796j, Pub. L. 93–112, title VII, § 751, as added Pub. L. 102–569, title VII, § 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.
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# 29 U.S.C. § 796k - Program of grants
## Text
(a) In general (1) Authority for grants Subject to subsections (b) and (c), the Commissioner may make grants to States for the purpose of providing the services described in subsection (d) 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) 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, 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) shall be made only to States and shall be made only from allotments under paragraph (2).
(2) Allotments For grants under subsection (a) 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 (i), 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 (h).
(d) Services generally The Commissioner may not make a grant under subsection (a) 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) 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) 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) to carry out the purposes specified in subsection (d) through grants to, or contracts or cooperative agreements with, public and nonprofit private agencies or organizations.
(h) Application for grant (1) In general The Commissioner may not make a grant under subsection (a) 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 (i)(4)).
(2) Contents An application for a grant under this section shall contain—
(A) an assurance that the agency described in subsection (a)(2) 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; and
(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.
(i) Amount of formula grant (1) In general Subject to the availability of appropriations, the amount of an allotment under subsection (a) 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 ⅓ of 1 percent of the amount appropriated under section 796l of this title, and not reserved under section 796j–1 of this title, for the fiscal year and available for allotments under subsection (a).
(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 not reserved under section 796j–1 of this title, and available for allotments under subsection (a); 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) 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) as a result of—
(i) the failure of any State to submit an application under subsection (h);
(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).
(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).
(Pub. L. 93–112, title VII, § 752, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237; amended Pub. L. 113–128, title IV, § 487, July 22, 2014, 128 Stat. 1694.)
## Notes
Editorial Notes
References in TextPart C, as in effect on the day before October 29, 1992, referred to in subsec. (b)(2)(B), means former part C (§ 796f) which was included in the repeal of subchapter VII of this chapter by Pub. L. 102–569, title VII, § 701(1), Oct. 29, 1992, 106 Stat. 4443.
Prior ProvisionsA prior section 796k, Pub. L. 93–112, title VII, § 752, as added Pub. L. 102–569, title VII, § 703(a), Oct. 29, 1992, 106 Stat. 4465; amended Pub. L. 103–73, title I, § 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.
Amendments2014—Subsec. (c)(2). Pub. L. 113–128, § 487(3), substituted “subsection (i)” for “subsection (j)” and “subsection (h)” for “subsection (i)”. Subsec. (g). Pub. L. 113–128, § 487(4), inserted “, or contracts or cooperative agreements with,” after “grants to”. Subsec. (h). Pub. L. 113–128, § 487(1), (2), redesignated subsec. (i) as (h) and struck out former subsec. (h). Prior to amendment, text read as follows: “The Commissioner may not make a grant under subsection (a) unless the State involved agrees that, in carrying out subsection (d)(1), 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.” Subsec. (h)(1). Pub. L. 113–128, § 487(5)(A), substituted “subsection (i)(4)” for “subsection (j)(4)”. Subsec. (h)(2)(A)(vi) to (C). Pub. L. 113–128, § 487(5)(B), inserted “and” after semicolon at end of subpar. (A)(vi), substituted a period for “; and” at end of subpar. (B)(ii)(III), and struck out subpar. (C) which read as follows: “an assurance that the application is consistent with the State plan for providing independent living services required by section 796c of this title.” Subsec. (i). Pub. L. 113–128, § 487(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h). Subsec. (i)(2)(A)(ii), (3)(A). Pub. L. 113–128, § 487(6)(A), (B), inserted “, and not reserved under section 796j–1 of this title,” after “section 796l of this title”. Subsec. (i)(4)(B)(i). Pub. L. 113–128, § 487(6)(C), substituted “subsection (h)” for “subsection (i)”. Subsec. (j). Pub. L. 113–128, § 487(2), redesignated subsec. (j) as (i).
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---
type: "LegalText"
title: "29 U.S.C. § 796l"
description: "Authorization of appropriations"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 29
title_name: "LABOR"
chapter_number: "16"
chapter_name: "VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES"
section: "796l"
citation: "29 U.S.C. § 796l"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc29@119-100.zip"
source_identifier: "/us/usc/t29/s796l"
source_file: "data/legal/raw/us/code/title-29/usc29.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 29 U.S.C. § 796l - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out this part $33,317,000 for fiscal year 2015, $35,890,000 for fiscal year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year 2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal year 2020.
(Pub. L. 93–112, title VII, § 753, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1241; amended Pub. L. 113–128, title IV, § 488, July 22, 2014, 128 Stat. 1694.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 796l, Pub. L. 93–112, title VII, § 753, as added Pub. L. 102–569, title VII, § 703(a), Oct. 29, 1992, 106 Stat. 4468, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 105–220.
Amendments2014—Pub. L. 113–128 substituted “$33,317,000 for fiscal year 2015, $35,890,000 for fiscal year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year 2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.”
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---
type: "LegalText"
title: "29 U.S.C. § 797 to 797b"
description: "Repealed. Pub. L. 105–220, title IV, § 411, Aug. 7, 1998, 112 Stat. 1241"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 29
title_name: "LABOR"
chapter_number: "16"
chapter_name: "VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES"
section: "797 to 797b"
citation: "29 U.S.C. § 797 to 797b"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc29@119-100.zip"
source_identifier: "/us/usc/t29/s797...797b"
source_file: "data/legal/raw/us/code/title-29/usc29.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 29 U.S.C. § 797 to 797b - Repealed. Pub. L. 105–220, title IV, § 411, Aug. 7, 1998, 112 Stat. 1241
## Notes
Section 797, Pub. L. 93–112, title VIII, § 801, as added Pub. L. 102–569, title VIII, § 801(a), Oct. 29, 1992, 106 Stat. 4469, authorized appropriations.
Section 797a, Pub. L. 93–112, title VIII, § 802, as added Pub. L. 102–569, title VIII, § 801(a), Oct. 29, 1992, 106 Stat. 4469, authorized grants for various demonstration projects.
Section 797b, Pub. L. 93–112, title VIII, § 803, as added Pub. L. 102–569, title VIII, § 801(a), Oct. 29, 1992, 106 Stat. 4478, authorized grants for training projects.