The Rehabilitation Act of 1973

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29 USC CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER
REHABILITATION SERVICES 01/03/05

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TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
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CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES

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GENERAL PROVISIONS
Sec.
701. Findings; purpose; policy.
(a) Findings.
(b) Purpose.
(c) Policy.
702. Rehabilitation Services Administration.
703. Advance funding.
704. Joint funding.
705. Definitions.
706. Allotment percentage.
707. Nonduplication.
708. Application of other laws.
709. Administration.
(a) Technical assistance; short-term traineeships;
special projects; dissemination of
information; monitoring and evaluations.
(b) Utilization of services and facilities;
information task forces.
(c) Rules and regulations.
(d) Regulations for implementation of order of
selection for vocational rehabilitation
services.
(e) Regulations to implement amendments.
(f) Limitation on regulations.
(g) Authorization of appropriations.
710. Reports.
(a) Annual reports required.
(b) Collection of information.
(c) Information to be included in reports.
711. Evaluation.
(a) Statement of purpose; standards; persons
eligible to conduct evaluations.
(b) Opinions of program and project participants.
(c) Data as property of United States.
(d) Information from other departments and
agencies.
(e) Longitudinal study.
(f) Information on exemplary practices.
(g) Authorization of appropriations.
712. Information clearinghouse.
(a) Establishment; information and resources for
individuals with disabilities.
(b) Information and data retrieval system.
(c) Office of Information and Resources for
Individuals with Disabilities.
(d) Authorization of appropriations.
713. Transfer of funds.
714. State administration.
715. Review of applications.
716. Carryover.
(a) In general.
(b) Non-Federal share.
717. Client assistance information.
718. Traditionally underserved populations.
(a) Findings.
(b) Outreach to minorities.
(c) Demonstration.

SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

PART A - GENERAL PROVISIONS
720. Declaration of policy; authorization of
appropriations.
(a) Findings; purpose; policy.
(b) Authorization of appropriations.
(c) Consumer Price Index.
(d) Extension.
721. State plans.
(a) Plan requirements.
(b) Approval; disapproval of the State plan.
722. Eligibility and individualized plan for employment.
(a) Eligibility.
(b) Development of an individualized plan for
employment.
(c) Procedures.
(d) Policies and procedures.
723. Vocational rehabilitation services.
(a) Vocational rehabilitation services for
individuals.
(b) Vocational rehabilitation services for groups
of individuals.
724. Non-Federal share for establishment of program or
construction.
725. State Rehabilitation Council.
(a) Establishment.
(b) Composition and appointment.
(c) Functions of Council.
(d) Resources.
(e) Conflict of interest.
(f) Meetings.
(g) Compensation and expenses.
(h) Hearings and forums.
726. Evaluation standards and performance indicators.
(a) Establishment.
(b) Compliance.
(c) Withholding.
(d) Report to Congress.
727. Monitoring and review.
(a) In general.
(b) Technical assistance.
(c) Failure to comply with plan.
(d) Review.
728. Expenditure of certain amounts.
(a) Expenditure.
(b) Amounts.
728a. Training of employers with respect to Americans with
Disabilities Act of 1990.

PART B - BASIC VOCATIONAL REHABILITATION SERVICES
730. State allotments.
(a) Computation; additional amount; minimum amount;
adjustments.
(b) Unused funds; redistribution; increase in
amount.
(c) Funds for American Indian vocational
rehabilitation services.
731. Payments to States.
(a) Amount.
(b) Method of computation and payment.
732. Client assistance program.
(a) Establishment of grant program.
(b) Existence of State program as requisite to
receiving payments.
(c) Designation of agency to conduct program.
(d) Class action by designated agency prohibited.
(e) Allotment and reallotment of funds.
(f) Application by State for grant funds.
(g) Regulations; minimum requirements.
(h) Authorization of appropriations.

PART C - AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES
741. Vocational rehabilitation services grants.
(a) Governing bodies of Indian tribes; amount;
non-Federal share.
(b) Application; effective period; continuation of
programs and services; separate service
delivery systems.
(c) "Reservation" defined.

PART D - VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION
751. Data sharing.
(a) In general.
(b) Treatment of information.

SUBCHAPTER II - RESEARCH AND TRAINING
760. Declaration of purpose.
761. Authorization of appropriations.
762. National Institute on Disability and Rehabilitation
Research.
(a) Establishment; Director as principal officer.
(b) Duties of Director.
(c) Development and dissemination of models.
(d) Appointment of Director; employment of
technical and professional personnel;
consultants.
(e) Fellowships.
(f) Scientific peer review of research, training,
and demonstration projects.
(g) Use of funds.
(h) 5-year plan.
(i) Cooperation and consultation with other
agencies and departments on design of research
programs.
(j) Comprehensive and coordinated research program;
interagency cooperation; research and training
center.
(k) Grants for training.
762a. Research and demonstration projects.
(a) Multiple and interrelated service needs of
individuals with handicaps; report to
Congress.
(b) Authorization of appropriations.
(c) Study on impact of vocational rehabilitation
services; transmittal to Congress.
763. Interagency Committee.
(a) Establishment; membership; meetings.
(b) Duties.
(c) Annual report.
(d) Recommendations.
(e) Definitions.
764. Research and other covered activities.
(a) Federal grants and contracts for certain
research projects and related activities.
(b) Research grants.
(c) Site visits; grant limitations.
765. Rehabilitation Research Advisory Council.
(a) Establishment.
(b) Duties.
(c) Qualifications.
(d) Terms of appointment.
(e) Vacancies.
(f) Payment and expenses.
(g) Detail of Federal employees.
(h) Technical assistance.
(i) Termination.

SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS
771. Declaration of purpose and competitive basis of grants
and contracts.
(a) Purpose.
(b) Competitive basis of grants and contracts.
772. Training.
(a) Grants and contracts for personnel training.
(b) Grants and contracts for academic degrees and
academic certificate granting training
projects.
(c) Grants to historically Black colleges and
universities.
(d) Application.
(e) Evaluation and collection of data.
(f) Grants for the training of interpreters.
(g) Technical assistance and in-service training.
(h) Provision of information.
(i) Authorization of appropriations.
773. Demonstration and training programs.
(a) Demonstration projects to increase client
choice.
(b) Special demonstration programs.
(c) Parent information and training program.
(d) Braille training programs.
(e) Authorization of appropriations.
774. Migrant and seasonal farmworkers.
(a) Grants.
(b) Authorization of appropriations.
775. Recreational programs.
(a) Grants.
(b) Authorization of appropriations.
776. Measuring of project outcomes and performance.

SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY
780. Establishment of National Council on Disability.
(a) Membership; purpose.
(b) Term of office.
(c) Chairperson; meetings.
(d) Quorum; vacancies.
780a. Independent status of National Council on the
Handicapped.
(1) Council as independent agency within Federal
Government.
(2) Transfer of functions to Council Chairman.
(3) Changes in statutory and other references.
781. Duties of National Council.
(a) In general.
(b) Annual reports.
(c) Report describing barriers.
782. Compensation of National Council members.
(a) Rate.
(b) Full-time officers or employees of United
States.
(c) Travel expenses.
783. Staff of National Council.
(a) Executive Director; technical and professional
employees.
(b) Temporary or intermittent services; voluntary
and uncompensated services; gifts, etc.;
contracts and agreements; official
representation and reception.
(c) Administrative support services.
(d) Investment of amounts not required for current
withdrawals.
784. Administrative powers of National Council.
(a) Bylaws and rules.
(b) Hearings.
(c) Advisory committees.
(d) Use of mails.
(e) Use of services, personnel, information, and
facilities.
785. Authorization of appropriations.

SUBCHAPTER V - RIGHTS AND ADVOCACY
790. Repealed.
791. Employment of individuals with disabilities.
(a) Interagency Committee on Employees who are
Individuals with Disabilities; establishment;
membership; co-chairmen; availability of other
Committee resources; purpose and functions.
(b) Federal agencies; affirmative action program
plans.
(c) State agencies; rehabilitated individuals,
employment.
(d) Report to Congressional committees.
(e) Federal work experience without pay;
non-Federal status.
(f) Federal agency cooperation; special
consideration for positions on President's
Committee on Employment of People With
Disabilities.
(g) Standards used in determining violation of
section.
792. Architectural and Transportation Barriers Compliance
Board.
(a) Establishment; membership; chairperson;
vice-chairperson; term of office; termination
of membership; reappointment; compensation and
travel expenses; bylaws; quorum requirements.
(b) Functions.
(c) Additional functions; transportation barriers
and housing needs; transportation and housing
plans and proposals.
(d) Electronic and information technology
accessibility training.
(e) Investigations; hearings; orders;
administrative procedure applicable; final
orders; judicial review; civil action;
intervention.
(f) Appointment of executive director,
administrative law judges, and other
personnel; provisions applicable to
administrative law judges; authority and
duties of executive director; finality of
orders of compliance.
(g) Technical, administrative, or other assistance;
appointment, compensation, and travel expenses
of advisory and technical experts and
consultants.
(h) Omitted.
(i) Grants and contracts to aid Access Board in
carrying out its functions; acceptance of
gifts, devises, and bequests of property.
(j) Authorization of appropriations.
793. Employment under Federal contracts.
(a) Amount of contracts or subcontracts; provision
for employment and advancement of qualified
individuals with disabilities; regulations.
(b) Administrative enforcement; complaints;
investigations; departmental action.
(c) Waiver by President; national interest special
circumstances for waiver of particular
agreements; waiver by Secretary of Labor of
affirmative action requirements.
(d) Standards used in determining violation of
section.
(e) Avoidance of duplicative efforts and
inconsistencies.
794. Nondiscrimination under Federal grants and programs.
(a) Promulgation of rules and regulations.
(b) "Program or activity" defined.
(c) Significant structural alterations by small
providers.
(d) Standards used in determining violation of
section.
794a. Remedies and attorney fees.
794b. Removal of architectural, transportation, or
communication barriers; technical and financial
assistance; compensation of experts or consultants;
authorization of appropriations.
794c. Interagency Disability Coordinating Council.
(a) Establishment.
(b) Duties.
(c) Report.
794d. Electronic and information technology.
(a) Requirements for Federal departments and
agencies.
(b) Technical assistance.
(c) Agency evaluations.
(d) Reports.
(e) Cooperation.
(f) Enforcement.
(g) Application to other Federal laws.
794e. Protection and advocacy of individual rights.
(a) Purpose and construction.
(b) Appropriations less than $5,500,000.
(c) Appropriations of $5,500,000 or more.
(d) Proportional reduction.
(e) Reallotment.
(f) Application.
(g) Carryover and direct payment.
(h) Limitation on disclosure requirements.
(i) Administrative cost.
(j) Delegation.
(k) Report.
(l) Authorization of appropriations.
(m) Definitions.

SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES

PART A - PROJECTS WITH INDUSTRY
795. Projects With Industry.
(a) Purpose; award of grants; eligibility;
agreements; evaluation; technical assistance.
(b) Requirements for payment.
(c) Amount of payments.
(d) Standards for evaluation; recommendations.
(e) Period of grant; renewal; award on competitive
basis; equitable distribution.
(f) Indicators for compliance with evaluation
standards; annual reports; onsite compliance
reviews; analysis included in reports to
Congress.
(g) Technical assistance to entities conducting or
planning projects.
(h) Definitions.
795a. Authorization of appropriations.

PART B - SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH THE
MOST SIGNIFICANT DISABILITIES
795g. Purpose.
795h. Allotments.
(a) In general.
(b) Reallotment.
795i. Availability of services.
795j. Eligibility.
795k. State plan.
(a) State plan supplements.
(b) Contents.
795l. Restriction.
795m. Savings provision.
(a) Supported employment services.
(b) Postemployment services.
795n. Authorization of appropriations.

SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING

PART A - INDIVIDUALS WITH SIGNIFICANT DISABILITIES

SUBPART 1 - GENERAL PROVISIONS
796. Purpose.
796a. Definitions.
796b. Eligibility for receipt of services.
796c. State plan.
(a) In general.
(b) Statewide Independent Living Council.
(c) Designation of State unit.
(d) Objectives.
(e) Independent living services.
(f) Scope and arrangements.
(g) Network.
(h) Centers.
(i) Cooperation, coordination, and working
relationships among various entities.
(j) Coordination of services.
(k) Coordination between Federal and State sources.
(l) Outreach.
(m) Requirements.
(n) Evaluation.
796d. Statewide Independent Living Council.
(a) Establishment.
(b) Composition and appointment.
(c) Duties.
(d) Hearings and forums.
(e) Plan.
(f) Compensation and expenses.
796d-1. Responsibilities of Commissioner.
(a) Approval of State plans.
(b) Indicators.
(c) Onsite compliance reviews.
(d) Reports.

SUBPART 2 - INDEPENDENT LIVING SERVICES
796e. Allotments.
(a) In general.
(b) Proportional reduction.
(c) Reallotment.
796e-1. Payments to States from allotments.
(a) Payments.
(b) Federal share.
796e-2. Authorized uses of funds.
796e-3. Authorization of appropriations.

SUBPART 3 - CENTERS FOR INDEPENDENT LIVING
796f. Program authorization.
(a) In general.
(b) Training.
(c) In general.
(d) Reallotment.
796f-1. Grants to centers for independent living in States in
which Federal funding exceeds State funding.
(a) Establishment.
(b) Eligible agencies.
(c) Existing eligible agencies.
(d) New centers for independent living.
(e) Order of priorities.
(f) Nonresidential agencies.
(g) Review.
796f-2. Grants to centers for independent living in States in
which State funding equals or exceeds Federal
funding.
(a) Establishment.
(b) Eligible agencies.
(c) Existing eligible agencies.
(d) New centers for independent living.
(e) Order of priorities.
(f) Nonresidential agencies.
(g) Review.
(h) Onsite compliance review.
(i) Adverse actions.
796f-3. Centers operated by State agencies.
796f-4. Standards and assurances for centers for independent
living.
(a) In general.
(b) Standards.
(c) Assurances.
796f-5. "Eligible agency" defined.
796f-6. Authorization of appropriations.

PART B - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND
796j. "Older individual who is blind" defined.
796k. Program of grants.
(a) In general.
(b) Contingent competitive grants.
(c) Contingent formula grants.
(d) Services generally.
(e) Independent living services.
(f) Matching funds.
(g) Certain expenditures of grants.
(h) Requirement regarding State plan.
(i) Application for grant.
(j) Amount of formula grant.
796l. Authorization of appropriations.

SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS
797 to 797b. Repealed.

-End-

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29 USC GENERAL PROVISIONS 01/03/05

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TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

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GENERAL PROVISIONS

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29 USC Sec. 701 01/03/05

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TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 701. Findings; purpose; policy

-STATUTE-
(a) Findings
Congress finds that -
(1) millions of Americans have one or more physical or mental
disabilities and the number of Americans with such disabilities
is increasing;
(2) individuals with disabilities constitute one of the most
disadvantaged groups in society;
(3) disability is a natural part of the human experience and in
no way diminishes the right of individuals to -
(A) live independently;
(B) enjoy self-determination;
(C) make choices;
(D) contribute to society;
(E) pursue meaningful careers; and
(F) enjoy full inclusion and integration in the economic,
political, social, cultural, and educational mainstream of
American society;

(4) increased employment of individuals with disabilities can
be achieved through implementation of statewide workforce
investment systems under title I of the Workforce Investment Act
of 1998 [29 U.S.C. 2801 et seq.] that provide meaningful and
effective participation for individuals with disabilities in
workforce investment activities and activities carried out under
the vocational rehabilitation program established under
subchapter I of this chapter, and through the provision of
independent living services, support services, and meaningful
opportunities for employment in integrated work settings through
the provision of reasonable accommodations;
(5) individuals with disabilities continually encounter various
forms of discrimination in such critical areas as employment,
housing, public accommodations, education, transportation,
communication, recreation, institutionalization, health services,
voting, and public services; and
(6) the goals of the Nation properly include the goal of
providing individuals with disabilities with the tools necessary
to -
(A) make informed choices and decisions; and
(B) achieve equality of opportunity, full inclusion and
integration in society, employment, independent living, and
economic and social self-sufficiency, for such individuals.
(b) Purpose
The purposes of this chapter are -
(1) to empower individuals with disabilities to maximize
employment, economic self-sufficiency, independence, and
inclusion and integration into society, through -
(A) statewide workforce investment systems implemented in
accordance with title I of the Workforce Investment Act of 1998
[29 U.S.C. 2801 et seq.] that include, as integral components,
comprehensive and coordinated state-of-the-art programs of
vocational rehabilitation;
(B) independent living centers and services;
(C) research;
(D) training;
(E) demonstration projects; and
(F) the guarantee of equal opportunity; and

(2) to ensure that the Federal Government plays a leadership
role in promoting the employment of individuals with
disabilities, especially individuals with significant
disabilities, and in assisting States and providers of services
in fulfilling the aspirations of such individuals with
disabilities for meaningful and gainful employment and
independent living.
(c) Policy
It is the policy of the United States that all programs,
projects, and activities receiving assistance under this chapter
shall be carried out in a manner consistent with the principles of -

(1) respect for individual dignity, personal responsibility,
self-determination, and pursuit of meaningful careers, based on
informed choice, of individuals with disabilities;
(2) respect for the privacy, rights, and equal access
(including the use of accessible formats), of the individuals;
(3) inclusion, integration, and full participation of the
individuals;
(4) support for the involvement of an individual's
representative if an individual with a disability requests,
desires, or needs such support; and
(5) support for individual and systemic advocacy and community
involvement.

-SOURCE-
(Pub. L. 93-112, Sec. 2, as added Pub. L. 105-220, title IV, Sec.
403, Aug. 7, 1998, 112 Stat. 1095; amended Pub. L. 105-277, div. A,
Sec. 101(f) [title VIII, Sec. 402(b)(2)], Oct. 21, 1998, 112 Stat.
2681-337, 2681-413.)

-REFTEXT-
REFERENCES IN TEXT
The Workforce Investment Act of 1998, referred to in subsecs.
(a)(4) and (b)(1)(A), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat.
936, as amended. Title I of the Act is classified principally to
chapter 30 (Sec. 2801 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 9201 of Title 20, Education, and Tables.

-MISC1-
PRIOR PROVISIONS
A prior section 701, Pub. L. 93-112, Sec. 2, Sept. 26, 1973, 87
Stat. 357; Pub. L. 95-602, title I, Sec. 122(a)(1), Nov. 6, 1978,
92 Stat. 2984; Pub. L. 99-506, title I, Sec. 101, Oct. 21, 1986,
100 Stat. 1808; Pub. L. 102-569, title I, Sec. 101, Oct. 29, 1992,
106 Stat. 4346, related to findings, purpose, and policy, prior to
repeal by Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112
Stat. 1093.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment in original to
section designation and catchline.

SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-220, title IV, Sec. 401, Aug. 7, 1998, 112 Stat.
1092, provided that: "This title [see Tables for classification]
may be cited as the 'Rehabilitation Act Amendments of 1998'."

SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103-73, Sec. 1, Aug. 11, 1993, 107 Stat. 718, provided
that: "This Act [enacting sections 753 and 753a of this title,
amending sections 706, 718 to 718b, 721 to 723, 725, 730 to 732,
744, 761a, 762, 771a, 777, 777a, 777f, 783, 791, 792, 794e, 795l,
796, 796c, 796d to 796e-2, 796f to 796f-4, and 796k of this title,
sections 1431, 4301 to 4305, 4331, 4332, 4351, 4353 to 4357, 4359,
4359a, and 4360 of Title 20, Education, and section 46 of Title 41,
Public Contracts, enacting provisions set out as notes under
section 725 of this title and section 4301 of Title 20, and
amending provisions set out as a note under this section] may be
cited as the 'Rehabilitation Act Amendments of 1993'."

SHORT TITLE OF 1992 AMENDMENT
Section 1(a) of Pub. L. 102-569 provided that: "This Act [see
Tables for classification] may be cited as the 'Rehabilitation Act
Amendments of 1992'."

SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102-52, Sec. 1, June 6, 1991, 105 Stat. 260, provided
that: "This Act [amending sections 720, 732, 741, 761, 771, 772,
774, 775, 777, 777a, 777f, 785, 792, 795f, 795i, 795q, 796i, and
1904 of this title and section 1475 of Title 20, Education] may be
cited as the 'Rehabilitation Act Amendments of 1991'."

SHORT TITLE OF 1986 AMENDMENT
Section 1(a) of Pub. L. 99-506 provided that: "This Act [enacting
sections 716, 717, 752, 794d, 795j to 795q, and 796d-1 of this
title and section 2000d-7 of Title 42, The Public Health and
Welfare, amending this section and sections 702, 705, 706, 711 to
715, 720 to 724, 730 to 732, 740, 741, 750, 751, 760 to 761b, 762,
762a, 770 to 777b, 777f, 780, 781, 783, 785, 791 to 794, 794c, 795,
795d to 795i, 796a, 796b, 796d to 796i, and 1904 of this title, and
section 155a of former Title 36, Patriotic Societies and
Observances, repealing section 751 of this title, and enacting
provisions set out as notes under this section and sections 706,
730, 761a, and 795m of this title and section 1414 of Title 20,
Education] may be cited as the 'Rehabilitation Act Amendments of
1986'."

SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-221, Sec. 1, Feb. 22, 1984, 98 Stat. 17, provided:
"That this Act [enacting sections 780a and 1901 to 1906 of this
title, amending sections 706, 712 to 714, 720 to 722, 730, 732,
741, 761 to 762a, 771, 772, 774, 775, 777, 777a, 777f, 780, 781,
783, 791, 792, 794c, 795a, 795c, 795f, 795g, 795i, 796e, and 796i
of this title and sections 6001, 6012, 6033, 6061, and 6081 of
Title 42, The Public Health and Welfare, repealing section 777c of
this title, enacting provisions set out as a note under section
1901 of this title and amending provisions set out as a note under
section 713 of this title] may be cited as the 'Rehabilitation
Amendments of 1984'."

SHORT TITLE OF 1978 AMENDMENT
Section 1 of Pub. L. 95-602 provided that: "This Act [enacting
sections 710 to 715, 751, 761a, 761b, 762a, 775, 777 to 777f, 780
to 785, 794a to 794c, 795 to 795i, and 796 to 796i of this title
and section 6000 of Title 42, The Public Health and Welfare,
amending this section, sections 702, 706, 709, 720 to 724, 730 to
732, 740, 741, 750, 760 to 762, 770 to 774, 776, and 792 to 794 of
this title, section 1904 [now 3904] of Title 38, Veterans'
Benefits, and sections 6001, 6008 to 6012, 6031 to 6033, 6061 to
6065, 6067, 6081, and 6862 of Title 42, repealing sections 764,
786, and 787 of this title and section 6007 of Title 42, omitting
sections 6041 to 6043 of Title 42, enacting provisions set out as
notes under sections 713 and 795 of this title and sections 6000
and 6001 of Title 42, and repealing a provision set out as a note
under section 6001 of Title 42] may be cited as the
'Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978'."

SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94-230, Sec. 1, Mar. 15, 1976, 90 Stat. 211, provided
that: "This Act [amending sections 720, 732, 741, 761, 771, 772,
774, 775, 783, 785, and 792 of this title and enacting provisions
set out as a note under section 720 of this title] may be cited as
the 'Rehabilitation Act Extension of 1976'."

SHORT TITLE OF 1974 AMENDMENT
Pub. L. 93-516, title I, Sec. 100, Dec. 7, 1974, 88 Stat. 1617,
provided that: "This title [amending sections 702, 706, 720 to 722,
732, 741, 750, 761, 762, 771, 772, 774 to 776, 783, 785, and 792 of
this title and enacting provisions set out as a note under section
702 of this title] shall be known as the 'Rehabilitation Act
Amendments of 1974'."
An identical provision is contained in Pub. L. 93-651, title I,
Sec. 100, Nov. 21, 1974, 89 Stat. 2-3.

SHORT TITLE
Pub. L. 93-112, Sec. 1(a), as added by Pub. L. 105-220, title IV,
Sec. 403, Aug. 7, 1998, 112 Stat. 1093, and amended by Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(1)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-412, provided that: "This Act
[enacting this chapter] may be cited as the 'Rehabilitation Act of
1973'."
Pub. L. 93-112, title VI, Sec. 601, as added by Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1210, provided that:
"This title [enacting subchapter VI of this chapter] may be cited
as the 'Employment Opportunities for Individuals With Disabilities
Act'."
Pub. L. 93-112, Sec. 1, Sept. 26, 1973, 87 Stat. 355, provided in
part that Pub. L. 93-112, which enacted this chapter and repealed
sections 31 to 41c and 42-1 to 42b of this title, could be cited as
the "Rehabilitation Act of 1973", prior to repeal by Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.
Pub. L. 93-112, title VI, Sec. 601, as added by Pub. L. 95-602,
title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2989, and amended by
Pub. L. 102-569, title I, Sec. 102(p)(34), Oct. 29, 1992, 106 Stat.
4360, provided that title VI of Pub. L. 93-112, enacting former
subchapter VI of this chapter, could be cited as the "Employment
Opportunities for Handicapped Individuals Act", prior to the
general amendment of title VI of Pub. L. 93-112 by Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1210.

-EXEC-
EX. ORD. NO. 11758. DELEGATION OF AUTHORITY OF THE PRESIDENT
Ex. Ord. No. 11758, Jan. 15, 1974, 39 F.R. 2075, as amended by
Ex. Ord. No. 11784, May 30, 1974, 39 F.R. 19443; Ex. Ord. No.
11867, June 19, 1975, 40 F.R. 26253; Ex. Ord. No. 12608, Sept. 9,
1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by section 301 of title 3
of the United States Code and as President of the United States of
America, it is hereby ordered as follows:
Section 1. The Director of the Office of Management and Budget is
hereby designated and empowered to exercise, without approval,
ratification, or other action of the President, the authority of
the President under section 500(a) of the Rehabilitation Act of
1973 (87 Stat. 390, 29 U.S.C. 790) with respect to the transfer of
unexpended appropriations.
Sec. 2. The Secretary of Labor is hereby designated and empowered
to exercise, without approval, ratification, or other action of the
President, the authority of the President (1) under section 503(a)
of the Rehabilitation Act of 1973 [29 U.S.C. 793(a)] to prescribe
regulations, after consultation with the Secretary of Defense and
the Administrator of General Services, with respect to the
employment of qualified handicapped individuals under Federal
procurement contracts, and (2) under section 503(c) of that act [29
U.S.C. 793(c)] with respect to prescribing, by regulation,
guidelines for waiving the requirements of section 503 of the act
[29 U.S.C. 793]. Changes in any regulations prescribed by the
Secretary pursuant to the preceding sentence shall be made only
after consultation with the Secretary of Defense and the
Administrator of General Services.
Sec. 3. The head of a Federal agency may, in conformity with the
provisions of section 503(c) of the Rehabilitation Act of 1973 [29
U.S.C. 793(c)], and regulations issued by the Secretary of Labor
pursuant to section 2 of this order, exempt any contract and,
following consultation with the Secretary of Labor, any class of
contracts, from the requirements of section 503 of the act [29
U.S.C. 793].
Sec. 4. The Federal Acquisition Regulations and, to the extent
necessary, any supplemental or comparable regulation issued by any
agency of the executive branch shall, following consultation with
the Secretary of Labor, be amended to require, as a condition of
entering into, renewing or extending any contract subject to the
provisions of section 503 of the Rehabilitation Act of 1973 [29
U.S.C. 793], inclusion of a provision requiring compliance with
that section and regulations issued by the Secretary pursuant to
section 2 of this order.

EX. ORD. NO. 13078. INCREASING EMPLOYMENT OF ADULTS WITH
DISABILITIES
Ex. Ord. No. 13078, Mar. 13, 1998, 63 F.R. 13111, as amended by
Ex. Ord. No. 13172, Oct. 25, 2000, 65 F.R. 64577; Ex. Ord. No.
13187, Sec. 4(b), Jan. 10, 2001, 66 F.R. 3858, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
increase the employment of adults with disabilities to a rate that
is as close as possible to the employment rate of the general adult
population and to support the goals articulated in the findings and
purpose section of the Americans with Disabilities Act of 1990 [42
U.S.C. 12101 et seq.], it is hereby ordered as follows:
Section 1. Establishment of National Task Force on Employment of
Adults with Disabilities.
(a) There is established the "National Task Force on Employment
of Adults with Disabilities" ("Task Force"). The Task Force shall
comprise the Secretary of Labor, Secretary of Education, Secretary
of Veterans Affairs, Secretary of Health and Human Services,
Commissioner of Social Security, Secretary of the Treasury,
Secretary of Commerce, Secretary of Transportation, Director of the
Office of Personnel Management, Administrator of the Small Business
Administration, the Chair of the Equal Employment Opportunity
Commission, the Chairperson of the National Council on Disability,
the Chairperson of the President's Disability Employment
Partnership Board., [sic] and such other senior executive branch
officials as may be determined by the Chair of the Task Force.
(b) The Secretary of Labor shall be the Chair of the Task Force;
the Chairperson of the President's Disability Employment
Partnership Board. [sic] shall be the Vice Chair of the Task Force.
(c) The purpose of the Task Force is to create a coordinated and
aggressive national policy to bring adults with disabilities into
gainful employment at a rate that is as close as possible to that
of the general adult population. The Task Force shall develop and
recommend to the President, through the Chair of the Task Force, a
coordinated Federal policy to reduce employment barriers for
persons with disabilities. Policy recommendations may cover such
areas as discrimination, reasonable accommodations, inadequate
access to health care, lack of consumer-driven, long-term supports
and services, transportation, accessible and integrated housing,
telecommunications, assistive technology, community services, child
care, education, vocational rehabilitation, training services, job
retention, on-the-job supports, and economic incentives to work.
Specifically, the Task Force shall:
(1) analyze the existing programs and policies of Task Force
member agencies to determine what changes, modifications, and
innovations may be necessary to remove barriers to work faced by
people with disabilities;
(2) develop and recommend options to address health insurance
coverage as a barrier to employment for people with disabilities;
(3) subject to the availability of appropriations, analyze
State and private disability systems (e.g., workers'
compensation, unemployment insurance, private insurance, and
State mental health and mental retardation systems) and their
effect on Federal programs and employment of adults with
disabilities;
(4) consider statistical and data analysis, cost data,
research, and policy studies on public subsidies, employment,
employment discrimination, and rates of return-to-work for
individuals with disabilities;
(5) evaluate and, where appropriate, coordinate and collaborate
on, research and demonstration priorities of Task Force member
agencies related to employment of adults with disabilities;
(6) evaluate whether Federal studies related to employment and
training can, and should, include a statistically significant
sample of adults with disabilities;
(7) subject to the availability of appropriations, analyze
youth programs related to employment (e.g., Employment and
Training Administration programs, special education, vocational
rehabilitation, school-to-work transition, vocational education,
and Social Security Administration work incentives and other
programs, as may be determined by the Chair and Vice Chair of the
Task Force) and the outcomes of those programs for young people
with disabilities;
(8) evaluate whether a single governmental entity or program
should be established to provide computer and electronic
accommodations for Federal employees with disabilities;
(9) consult with the President's Committee on Mental
Retardation on policies to increase the employment of people with
mental retardation and cognitive disabilities; and
(10) recommend to the President any additional steps that can
be taken to advance the employment of adults with disabilities,
including legislative proposals, regulatory changes, and program
and budget initiatives.
(d)(1) The members of the Task Force shall make the activities
and initiatives set forth in this order a high priority within
their respective agencies within the levels provided in the
President's budget.
(2) The Task Force shall issue its first report to the President
by November 15, 1998. The Task Force shall issue a report to the
President on November 15, 1999, November 15, 2000, and a final
report on July 26, 2002, the 10th anniversary of the initial
implementation of the employment provisions of the Americans with
Disabilities Act of 1990 [42 U.S.C. 12101 et seq.]. The reports
shall describe the actions taken by, and progress of, each member
of the Task Force in carrying out this order. The Task Force shall
terminate 30 days after submitting its final report.
(e) As used herein, an adult with a disability is a person with a
physical or mental impairment that substantially limits at least
one major life activity.
Sec. 2. Specific activities by Task Force members and other
agencies.
(a) To ensure that the Federal Government is a model employer of
adults with disabilities, by November 15, 1998, the Office of
Personnel Management, the Department of Labor, and the Equal
Employment Opportunity Commission shall submit to the Task Force a
review of Federal Government personnel laws, regulations, and
policies and, as appropriate, shall recommend or implement changes
necessary to improve Federal employment policy for adults with
disabilities. This review shall include personnel practices and
actions such as: hiring, promotion, benefits, retirement, workers'
compensation, retention, accessible facilities, job accommodations,
layoffs, and reductions in force.
(b) The Departments of Justice, Labor, Education, and Health and
Human Services shall report to the Task Force by November 15, 1998,
on their work with the States and others to ensure that the
Personal Responsibility and Work Opportunity Reconciliation Act
[probably means the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Pub. L. 104-193, see Tables for
classification] is carried out in accordance with section 504 of
the Rehabilitation Act of 1973 [29 U.S.C. 794], as amended, and the
Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.],
so that individuals with disabilities and their families can
realize the full promise of welfare reform by having an equal
opportunity for employment.
(c) The Departments of Education, Labor, Commerce, and Health and
Human Services, the Small Business Administration, and the
President's Committee on Employment of People with Disabilities
shall work together and report to the Task Force by November 15,
1998, on their work to develop small business and entrepreneurial
opportunities for adults with disabilities and strategies for
assisting low-income adults, including those with disabilities[,]
to create small businesses and micro-enterprises. These same
agencies, in consultation with the Committee for Purchase from
People Who Are Blind or Severely Disabled, shall assess the impact
of the Randolph-Sheppard Act [20 U.S.C. 107 et seq.] vending
program and the Javits-Wagner-O'Day Act [41 U.S.C. 46 et seq.] on
employment and small business opportunities for people with
disabilities.
(d) The Departments of Transportation and Housing and Urban
Development shall report to the Task Force by November 15, 1998, on
their examination of their programs to see if they can be used to
create new work incentives and to remove barriers to work for
adults with disabilities.
(e) The Departments of Justice, Education, and Labor, the Equal
Employment Opportunity Commission, and the Social Security
Administration shall work together and report to the Task Force by
November 15, 1998, on their work to propose remedies to the
prevention of people with disabilities from successfully exercising
their employment rights under the Americans with Disabilities Act
of 1990 [42 U.S.C. 12101 et seq.] because of the receipt of
monetary benefits based on their disability and lack of gainful
employment.
(f) The Bureau of Labor Statistics of the Department of Labor and
the Census Bureau of the Department of Commerce, in cooperation
with the Departments of Education and Health and Human Services,
the National Council on Disability, and the President's Committee
on Employment of People with Disabilities shall design and
implement a statistically reliable and accurate method to measure
the employment rate of adults with disabilities as soon as
possible, but no later than the date of termination of the Task
Force. Data derived from this methodology shall be published on as
frequent a basis as possible.
(g) All executive agencies that are not members of the Task Force
shall: (1) coordinate and cooperate with the Task Force; and (2)
review their programs and policies to ensure that they are being
conducted and delivered in a manner that facilitates and promotes
the employment of adults with disabilities. Each agency shall file
a report with the Task Force on the results of its review on
November 15, 1998.
(h) To improve employment outcomes for persons with disabilities
by addressing, among other things, the education, transition,
employment, health and rehabilitation, and independent living
issues affecting young people with disabilities, executive
departments and agencies shall coordinate and cooperate with the
Task Force to: (1) strengthen interagency research, demonstration,
and training activities relating to young people with disabilities;
(2) create a public awareness campaign focused on access to equal
opportunity for young people with disabilities; (3) promote the
views of young people with disabilities through collaboration with
the Youth Councils authorized under the Workforce Investment Act of
1998 [Pub. L. 105-220, see Short Title note set out under section
9201 of Title 20, Education]; (4) increase access to and
utilization of health insurance and health care for young people
with disabilities through the formalization of the Federal Healthy
and Ready to Work Interagency Council; (5) increase participation
by young people with disabilities in postsecondary education and
training programs; and (6) create a nationally representative Youth
Advisory Council, to be funded and chaired by the Department of
Labor, to advise the Task Force in conducting these and other
appropriate activities.
Sec. 3. Cooperation. All efforts taken by executive departments
and agencies under sections 1 and 2 of this order shall, as
appropriate, further partnerships and cooperation with public and
private sector employers, organizations that represent people with
disabilities, organized labor, veteran service organizations, and
State and local governments whenever such partnerships and
cooperation are possible and would promote the employment and
gainful economic activities of individuals with disabilities.
Sec. 4. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any
person.
William J. Clinton.

EX. ORD. NO. 13187. THE PRESIDENT'S DISABILITY EMPLOYMENT
PARTNERSHIP BOARD
Ex. Ord. No. 13187, Jan. 10, 2001, 66 F.R. 3857, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the Federal
Advisory Committee Act, as amended (5 U.S.C. App.), and in order to
promote the employment of people with disabilities, it is hereby
ordered as follows:
Section 1. Establishment and Composition of the Board. (a) There
is hereby established the President's Disability Employment
Partnership Board (Board).
(b) The Board shall be composed of not more than 15 members who
shall be appointed by the President for terms of 2 years. The
membership shall include individuals who are representatives of
business (including small business), labor organizations, State or
local government, disabled veterans, people with disabilities,
organizations serving people with disabilities, and researchers or
academicians focusing on issues relating to the employment of
people with disabilities, and may include other individuals
representing entities involved in issues relating to the employment
of people with disabilities as the President finds appropriate.
(c) The President shall designate a Chairperson from among the
members of the Board to serve a term of two years.
(d) Members and the Chairperson may be reappointed for subsequent
terms and may continue to serve until their successors have been
appointed.
Sec. 2. Functions. (a) The Board shall provide advice and
information to the President, the Vice President, the Secretary of
Labor, and other appropriate Federal officials with respect to
facilitating the employment of people with disabilities, and shall
assist in other activities that promote the formation of public-
private partnerships, the use of economic incentives, the
provision of technical assistance regarding entrepreneurship, and
other actions that may enhance employment opportunities for people
with disabilities.
(b) In carrying out paragraph (a) of this section, the Board
shall:
(i) develop and submit to the Office of Disability Employment
Policy in the Department of Labor a comprehensive written plan
for joint public-private efforts to promote employment
opportunities for people with disabilities and improve their
access to financial institutions and commercial and business
enterprises;
(ii) identify strategies that may be used by employers, labor
unions, national and international organizations, and Federal,
State, and local officials to increase employment opportunities
for people with disabilities; and
(iii) coordinate with the Office of Disability Employment
Policy in the Department of Labor in promoting the collaborative
use of public and private resources to assist people with
disabilities in forming and expanding small business concerns and
in enhancing their access to Federal procurement and other
relevant business opportunities. Public resources include those
of the Department of Labor, the Small Business Administration,
the Department of Commerce, the Department of Education, the
Department of Defense, the Department of Treasury, the Department
of Veterans Affairs, the Federal Communications Commission, and
of executive departments and agency offices responsible for
small, disadvantaged businesses utilization.
(c) The Board shall submit annual written reports to the
President, who may apprise the Congress and other interested
organizations and individuals on its activities, progress, and
problems relating to maximizing employment opportunities for people
with disabilities.
(d) The Chairperson of the Board shall serve as a member and Vice
Chair of the National Task Force on Employment of Adults with
Disabilities established under Executive Order 13078 of March 13,
1998 [set out above].
Sec. 3. Administration. (a) The Board shall meet when called by
the Chairperson, at a time and place designated by the Chairperson.
The Chairperson shall call at least two meetings per calendar year.
The Chairperson may form subcommittees or working groups within the
Board to address particular matters.
(b) The Chairperson may from time to time prescribe such rules,
procedures, and policies relating to the activities of the Board as
are not inconsistent with law or with the provisions of this order.
(c) Members of the Board shall serve without compensation but
shall be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving
intermittently in Federal service (5 U.S.C. 5701-5707).
(d) The Department of Labor shall provide funding and appropriate
support to assist the Board in carrying out the activities
described in section 2 of this order, including necessary office
space, equipment, supplies, services, and staff. The functions of
the President under the Federal Advisory Committee Act, as amended,
except that of reporting to the Congress, that are applicable to
the Commission, shall be performed by the Department of Labor in
accordance with guidelines that have been issued by the
Administrator of General Services.
(e) The heads of executive departments and agencies shall, to the
extent permitted by law, provide the Board such information as it
may need for purposes of carrying out the functions described in
section 2 of this order.
Sec. 4. Prior Orders and Transition. (a) Executive Order 12640 of
May 10, 1988, as amended, relating to the establishment of the
President's Committee on Employment of People with Disabilities, is
hereby revoked. The employees, records, property, and funds of the
Committee shall become the employees, records, property, and funds
of the Department of Labor.
(b) Executive Order 13078 of March 13, 1998 [set out above], is
amended in sections 1(a) and (b) by striking "Chair of the
President's Committee on Employment of People with Disabilities"
and inserting "Chairperson of the President's Disability Employment
Partnership Board."
William J. Clinton.

-End-

-CITE-
29 USC Sec. 702 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 702. Rehabilitation Services Administration

-STATUTE-
(a) There is established in the Office of the Secretary a
Rehabilitation Services Administration which shall be headed by a
Commissioner (hereinafter in this chapter referred to as the
"Commissioner") appointed by the President by and with the advice
and consent of the Senate. Except for subchapters IV and V of this
chapter and as otherwise specifically provided in this chapter,
such Administration shall be the principal agency, and the
Commissioner shall be the principal officer, of such Department for
carrying out this chapter. The Commissioner shall be an individual
with substantial experience in rehabilitation and in rehabilitation
program management. In the performance of the functions of the
office, the Commissioner shall be directly responsible to the
Secretary or to the Under Secretary or an appropriate Assistant
Secretary of such Department, as designated by the Secretary. The
functions of the Commissioner shall not be delegated to any officer
not directly responsible, both with respect to program operation
and administration, to the Commissioner. Any reference in this
chapter to duties to be carried out by the Commissioner shall be
considered to be a reference to duties to be carried out by the
Secretary acting through the Commissioner. In carrying out any of
the functions of the office under this chapter, the Commissioner
shall be guided by general policies of the National Council on
Disability established under subchapter IV of this chapter.
(b) The Secretary shall take whatever action is necessary to
ensure that funds appropriated pursuant to this chapter are
expended only for the programs, personnel, and administration of
programs carried out under this chapter.

-SOURCE-
(Pub. L. 93-112, Sec. 3, as added Pub. L. 105-220, title IV, Sec.
403, Aug. 7, 1998, 112 Stat. 1096.)

-MISC1-
PRIOR PROVISIONS
A prior section 702, Pub. L. 93-112, Sec. 3, Sept. 26, 1973, 87
Stat. 357; Pub. L. 93-516, title I, Sec. 101(a), Dec. 7, 1974, 88
Stat. 1617; Pub. L. 93-651, title I, Sec. 101(a), Nov. 21, 1974, 89
Stat. 2-3; Pub. L. 95-602, title I, Sec. 122(a)(2), (3), Nov. 6,
1978, 92 Stat. 2984; Pub. L. 99-506, title I, Sec. 102, title X,
Sec. 1001(a)(1), Oct. 21, 1986, 100 Stat. 1808, 1841; Pub. L. 100-
630, title II, Sec. 201(a), Nov. 7, 1988, 102 Stat. 3303, related
to the Rehabilitation Services Administration, prior to repeal by
Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.

ADDITIONAL PERSONNEL FOR OFFICE FOR THE BLIND AND VISUALLY
HANDICAPPED
Pub. L. 93-516, title II, Sec. 208(a), Dec. 7, 1974, 88 Stat.
1629, provided that: "The Secretary of Health, Education, and
Welfare [now Secretary of Education] is directed to assign to the
Office for the Blind and Visually Handicapped of the Rehabilitation
Services Administration of the Department of Health, Education, and
Welfare [now Department of Education] ten additional full-time
personnel (or their equivalent), five of whom shall be supportive
personnel, to carry out duties related to the administration of the
Randolph-Sheppard Act [section 107 et seq. of Title 20,
Education]."
An identical provision is contained in Pub. L. 93-651, title II,
Sec. 208(a), Nov. 21, 1974, 89 Stat. 2-14.

PREFERENCE TO BLIND IN SELECTING PERSONNEL
Pub. L. 93-516, title II, Sec. 208(c), Dec. 7, 1974, 88 Stat.
1629, provided that: "In selecting personnel to fill any position
under this section [authorizing assignment of 11 additional full-
time personnel to the Office for the Blind and Visually
Handicapped of the Rehabilitation Service Administration of the
Department of Health, Education, and Welfare under subsecs. (a) and
(b) of Pub. L. 93-516], the Secretary of Health, Education, and
Welfare [now Secretary of Education] shall give preference to blind
individuals."
An identical provision is contained in Pub. L. 93-651, title II,
Sec. 208(c), Nov. 21, 1974, 89 Stat. 2-14.

-End-

-CITE-
29 USC Sec. 703 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 703. Advance funding

-STATUTE-
(a) For the purpose of affording adequate notice of funding
available under this chapter, appropriations under this chapter are
authorized to be included in the appropriation Act for the fiscal
year preceding the fiscal year for which they are available for
obligation.
(b) In order to effect a transition to the advance funding method
of timing appropriation action, the authority provided by
subsection (a) of this section shall apply notwithstanding that its
initial application will result in the enactment in the same year
(whether in the same appropriation Act or otherwise) of two
separate appropriations, one for the then current fiscal year and
one for the succeeding fiscal year.

-SOURCE-
(Pub. L. 93-112, Sec. 4, as added Pub. L. 105-220, title IV, Sec.
403, Aug. 7, 1998, 112 Stat. 1097.)

-MISC1-
PRIOR PROVISIONS
A prior section 703, Pub. L. 93-112, Sec. 4, Sept. 26, 1973, 87
Stat. 358, related to advance funding, prior to repeal by Pub. L.
105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.

-End-

-CITE-
29 USC Sec. 704 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 704. Joint funding

-STATUTE-
Pursuant to regulations prescribed by the President, and to the
extent consistent with the other provisions of this chapter, where
funds are provided for a single project by more than one Federal
agency to an agency or organization assisted under this chapter,
the Federal agency principally involved may be designated to act
for all in administering the funds provided, and, in such cases, a
single non-Federal share requirement may be established according
to the proportion of funds advanced by each agency. When the
principal agency involved is the Rehabilitation Services
Administration, it may waive any grant or contract requirement (as
defined by such regulations) under or pursuant to any law other
than this chapter, which requirement is inconsistent with the
similar requirements of the administering agency under or pursuant
to this chapter.

-SOURCE-
(Pub. L. 93-112, Sec. 5, as added Pub. L. 105-220, title IV, Sec.
403, Aug. 7, 1998, 112 Stat. 1097.)

-MISC1-
PRIOR PROVISIONS
A prior section 704, Pub. L. 93-112, Sec. 5, Sept. 26, 1973, 87
Stat. 359, related to joint funding, prior to repeal by Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.

-TRANS-
DELEGATION OF FUNCTIONS
Authority of the President under this section delegated to
Director of Office of Management and Budget by section 1 of Ex.
Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040, set out as a note
under section 7103 of Title 31, Money and Finance.

-End-

-CITE-
29 USC Sec. 705 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 705. Definitions

-STATUTE-
For the purposes of this chapter:
(1) Administrative costs
The term "administrative costs" means expenditures incurred in
the performance of administrative functions under the vocational
rehabilitation program carried out under subchapter I of this
chapter, including expenses related to program planning,
development, monitoring, and evaluation, including expenses for -

(A) quality assurance;
(B) budgeting, accounting, financial management, information
systems, and related data processing;
(C) providing information about the program to the public;
(D) technical assistance and support services to other State
agencies, private nonprofit organizations, and businesses and
industries, except for technical assistance and support
services described in section 723(b)(5) of this title;
(E) the State Rehabilitation Council and other advisory
committees;
(F) professional organization membership dues for designated
State unit employees;
(G) the removal of architectural barriers in State vocational
rehabilitation agency offices and State operated rehabilitation
facilities;
(H) operating and maintaining designated State unit
facilities, equipment, and grounds;
(I) supplies;
(J) administration of the comprehensive system of personnel
development described in section 721(a)(7) of this title,
including personnel administration, administration of
affirmative action plans, and training and staff development;
(K) administrative salaries, including clerical and other
support staff salaries, in support of these administrative
functions;
(L) travel costs related to carrying out the program, other
than travel costs related to the provision of services;
(M) costs incurred in conducting reviews of rehabilitation
counselor or coordinator determinations under section 722(c) of
this title; and
(N) legal expenses required in the administration of the
program.
(2) Assessment for determining eligibility and vocational
rehabilitation needs
The term "assessment for determining eligibility and vocational
rehabilitation needs" means, as appropriate in each case -
(A)(i) a review of existing data -
(I) to determine whether an individual is eligible for
vocational rehabilitation services; and
(II) to assign priority for an order of selection described
in section 721(a)(5)(A) of this title in the States that use
an order of selection pursuant to section 721(a)(5)(A) of
this title; and

(ii) to the extent necessary, the provision of appropriate
assessment activities to obtain necessary additional data to
make such determination and assignment;
(B) to the extent additional data is necessary to make a
determination of the employment outcomes, and the nature and
scope of vocational rehabilitation services, to be included in
the individualized plan for employment of an eligible
individual, a comprehensive assessment to determine the unique
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice, including the
need for supported employment, of the eligible individual,
which comprehensive assessment -
(i) is limited to information that is necessary to identify
the rehabilitation needs of the individual and to develop the
individualized plan for employment of the eligible
individual;
(ii) uses, as a primary source of such information, to the
maximum extent possible and appropriate and in accordance
with confidentiality requirements -
(I) existing information obtained for the purposes of
determining the eligibility of the individual and assigning
priority for an order of selection described in section
721(a)(5)(A) of this title for the individual; and
(II) such information as can be provided by the
individual and, where appropriate, by the family of the
individual;

(iii) may include, to the degree needed to make such a
determination, an assessment of the personality, interests,
interpersonal skills, intelligence and related functional
capacities, educational achievements, work experience,
vocational aptitudes, personal and social adjustments, and
employment opportunities of the individual, and the medical,
psychiatric, psychological, and other pertinent vocational,
educational, cultural, social, recreational, and
environmental factors, that affect the employment and
rehabilitation needs of the individual; and
(iv) may include, to the degree needed, an appraisal of the
patterns of work behavior of the individual and services
needed for the individual to acquire occupational skills, and
to develop work attitudes, work habits, work tolerance, and
social and behavior patterns necessary for successful job
performance, including the utilization of work in real job
situations to assess and develop the capacities of the
individual to perform adequately in a work environment;

(C) referral, for the provision of rehabilitation technology
services to the individual, to assess and develop the
capacities of the individual to perform in a work environment;
and
(D) an exploration of the individual's abilities,
capabilities, and capacity to perform in work situations, which
shall be assessed periodically during trial work experiences,
including experiences in which the individual is provided
appropriate supports and training.
(3) Assistive technology device
The term "assistive technology device" has the meaning given
such term in section 3002 of this title, except that the
reference in such section to the term "individuals with
disabilities" shall be deemed to mean more than one individual
with a disability as defined in paragraph (20)(A).
(4) Assistive technology service
The term "assistive technology service" has the meaning given
such term in section 3002 of this title, except that the
reference in such section -
(A) to the term "individual with a disability" shall be
deemed to mean an individual with a disability, as defined in
paragraph (20)(A); and
(B) to the term "individuals with disabilities" shall be
deemed to mean more than one such individual.
(5) Community rehabilitation program
The term "community rehabilitation program" means a program
that provides directly or facilitates the provision of vocational
rehabilitation services to individuals with disabilities, and
that provides, singly or in combination, for an individual with a
disability to enable the individual to maximize opportunities for
employment, including career advancement -
(A) medical, psychiatric, psychological, social, and
vocational services that are provided under one management;
(B) testing, fitting, or training in the use of prosthetic
and orthotic devices;
(C) recreational therapy;
(D) physical and occupational therapy;
(E) speech, language, and hearing therapy;
(F) psychiatric, psychological, and social services,
including positive behavior management;
(G) assessment for determining eligibility and vocational
rehabilitation needs;
(H) rehabilitation technology;
(I) job development, placement, and retention services;
(J) evaluation or control of specific disabilities;
(K) orientation and mobility services for individuals who are
blind;
(L) extended employment;
(M) psychosocial rehabilitation services;
(N) supported employment services and extended services;
(O) services to family members when necessary to the
vocational rehabilitation of the individual;
(P) personal assistance services; or
(Q) services similar to the services described in one of
subparagraphs (A) through (P).
(6) Construction; cost of construction
(A) Construction
The term "construction" means -
(i) the construction of new buildings;
(ii) the acquisition, expansion, remodeling, alteration,
and renovation of existing buildings; and
(iii) initial equipment of buildings described in clauses
(i) and (ii).
(B) Cost of construction
The term "cost of construction" includes architects' fees and
the cost of acquisition of land in connection with construction
but does not include the cost of offsite improvements.
(7) Repealed. Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 402(c)(1)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-415
(8) Designated State agency; designated State unit
(A) Designated State agency
The term "designated State agency" means an agency designated
under section 721(a)(2)(A) of this title.
(B) Designated State unit
The term "designated State unit" means -
(i) any State agency unit required under section
721(a)(2)(B)(ii) of this title; or
(ii) in cases in which no such unit is so required, the
State agency described in section 721(a)(2)(B)(i) of this
title.
(9) Disability
The term "disability" means -
(A) except as otherwise provided in subparagraph (B), a
physical or mental impairment that constitutes or results in a
substantial impediment to employment; or
(B) for purposes of sections 701, 711, and 712 of this title,
and subchapters II, IV, V, and VII of this chapter, a physical
or mental impairment that substantially limits one or more
major life activities.
(10) Drug and illegal use of drugs
(A) Drug
The term "drug" means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(B) Illegal use of drugs
The term "illegal use of drugs" means the use of drugs, the
possession or distribution of which is unlawful under the
Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term
does not include the use of a drug taken under supervision by a
licensed health care professional, or other uses authorized by
the Controlled Substances Act or other provisions of Federal
law.
(11) Employment outcome
The term "employment outcome" means, with respect to an
individual -
(A) entering or retaining full-time or, if appropriate, part-
time competitive employment in the integrated labor market;
(B) satisfying the vocational outcome of supported
employment; or
(C) satisfying any other vocational outcome the Secretary may
determine to be appropriate (including satisfying the
vocational outcome of self-employment, telecommuting, or
business ownership),

in a manner consistent with this chapter.
(12) Establishment of a community rehabilitation program
The term "establishment of a community rehabilitation program"
includes the acquisition, expansion, remodeling, or alteration of
existing buildings necessary to adapt them to community
rehabilitation program purposes or to increase their
effectiveness for such purposes (subject, however, to such
limitations as the Secretary may determine, in accordance with
regulations the Secretary shall prescribe, in order to prevent
impairment of the objectives of, or duplication of, other Federal
laws providing Federal assistance in the construction of
facilities for community rehabilitation programs), and may
include such additional equipment and staffing as the
Commissioner considers appropriate.
(13) Extended services
The term "extended services" means ongoing support services and
other appropriate services, needed to support and maintain an
individual with a most significant disability in supported
employment, that -
(A) are provided singly or in combination and are organized
and made available in such a way as to assist an eligible
individual in maintaining supported employment;
(B) are based on a determination of the needs of an eligible
individual, as specified in an individualized plan for
employment; and
(C) are provided by a State agency, a nonprofit private
organization, employer, or any other appropriate resource,
after an individual has made the transition from support
provided by the designated State unit.
(14) Federal share
(A) In general
Subject to subparagraph (B), the term "Federal share" means
78.7 percent.
(B) Exception
The term "Federal share" means the share specifically set
forth in section 731(a)(3) of this title, except that with
respect to payments pursuant to part B of subchapter I of this
chapter to any State that are used to meet the costs of
construction of those rehabilitation facilities identified in
section 723(b)(2) of this title in such State, the Federal
share shall be the percentages determined in accordance with
the provisions of section 731(a)(3) of this title applicable
with respect to the State.
(C) Relationship to expenditures by a political subdivision
For the purpose of determining the non-Federal share with
respect to a State, expenditures by a political subdivision
thereof or by a local agency shall be regarded as expenditures
by such State, subject to such limitations and conditions as
the Secretary shall by regulation prescribe.
(15) Governor
The term "Governor" means a chief executive officer of a State.
(16) Impartial hearing officer
(A) In general
The term "impartial hearing officer" means an individual -
(i) who is not an employee of a public agency (other than
an administrative law judge, hearing examiner, or employee of
an institution of higher education);
(ii) who is not a member of the State Rehabilitation
Council described in section 725 of this title;
(iii) who has not been involved previously in the
vocational rehabilitation of the applicant or eligible
individual;
(iv) who has knowledge of the delivery of vocational
rehabilitation services, the State plan under section 721 of
this title, and the Federal and State rules governing the
provision of such services and training with respect to the
performance of official duties; and
(v) who has no personal or financial interest that would be
in conflict with the objectivity of the individual.
(B) Construction
An individual shall not be considered to be an employee of a
public agency for purposes of subparagraph (A)(i) solely
because the individual is paid by the agency to serve as a
hearing officer.
(17) Independent living core services
The term "independent living core services" means -
(A) information and referral services;
(B) independent living skills training;
(C) peer counseling (including cross-disability peer
counseling); and
(D) individual and systems advocacy.
(18) Independent living services
The term "independent living services" includes -
(A) independent living core services; and
(B)(i) counseling services, including psychological,
psychotherapeutic, and related services;
(ii) services related to securing housing or shelter,
including services related to community group living, and
supportive of the purposes of this chapter and of the
subchapters of this chapter, and adaptive housing services
(including appropriate accommodations to and modifications of
any space used to serve, or occupied by, individuals with
disabilities);
(iii) rehabilitation technology;
(iv) mobility training;
(v) services and training for individuals with cognitive and
sensory disabilities, including life skills training, and
interpreter and reader services;
(vi) personal assistance services, including attendant care
and the training of personnel providing such services;
(vii) surveys, directories, and other activities to identify
appropriate housing, recreation opportunities, and accessible
transportation, and other support services;
(viii) consumer information programs on rehabilitation and
independent living services available under this chapter,
especially for minorities and other individuals with
disabilities who have traditionally been unserved or
underserved by programs under this chapter;
(ix) education and training necessary for living in a
community and participating in community activities;
(x) supported living;
(xi) transportation, including referral and assistance for
such transportation and training in the use of public
transportation vehicles and systems;
(xii) physical rehabilitation;
(xiii) therapeutic treatment;
(xiv) provision of needed prostheses and other appliances and
devices;
(xv) individual and group social and recreational services;
(xvi) training to develop skills specifically designed for
youths who are individuals with disabilities to promote self-
awareness and esteem, develop advocacy and self-empowerment
skills, and explore career options;
(xvii) services for children;
(xviii) services under other Federal, State, or local
programs designed to provide resources, training, counseling,
or other assistance, of substantial benefit in enhancing the
independence, productivity, and quality of life of individuals
with disabilities;
(xix) appropriate preventive services to decrease the need of
individuals assisted under this chapter for similar services in
the future;
(xx) community awareness programs to enhance the
understanding and integration into society of individuals with
disabilities; and
(xxi) such other services as may be necessary and not
inconsistent with the provisions of this chapter.
(19) Indian; American Indian; Indian American; Indian tribe
(A) In general
The terms "Indian", "American Indian", and "Indian American"
mean an individual who is a member of an Indian tribe.
(B) Indian tribe
The term "Indian tribe" means any Federal or State Indian
tribe, band, rancheria, pueblo, colony, or community, including
any Alaskan native village or regional village corporation (as
defined in or established pursuant to the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.]).
(20) Individual with a disability
(A) In general
Except as otherwise provided in subparagraph (B), the term
"individual with a disability" means any individual who -
(i) has a physical or mental impairment which for such
individual constitutes or results in a substantial impediment
to employment; and
(ii) can benefit in terms of an employment outcome from
vocational rehabilitation services provided pursuant to
subchapter I, III, or VI of this chapter.
(B) Certain programs; limitations on major life activities
Subject to subparagraphs (C), (D), (E), and (F), the term
"individual with a disability" means, for purposes of sections
701, 711, and 712 of this title, and subchapters II, IV, V, and
VII of this chapter, any person who -
(i) has a physical or mental impairment which substantially
limits one or more of such person's major life activities;
(ii) has a record of such an impairment; or
(iii) is regarded as having such an impairment.
(C) Rights and advocacy provisions
(i) In general; exclusion of individuals engaging in drug use
For purposes of subchapter V of this chapter, the term
"individual with a disability" does not include an individual
who is currently engaging in the illegal use of drugs, when a
covered entity acts on the basis of such use.
(ii) Exception for individuals no longer engaging in drug use
Nothing in clause (i) shall be construed to exclude as an
individual with a disability an individual who -
(I) has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the
illegal use of drugs, or has otherwise been rehabilitated
successfully and is no longer engaging in such use;
(II) is participating in a supervised rehabilitation
program and is no longer engaging in such use; or
(III) is erroneously regarded as engaging in such use,
but is not engaging in such use;

except that it shall not be a violation of this chapter for a
covered entity to adopt or administer reasonable policies or
procedures, including but not limited to drug testing,
designed to ensure that an individual described in subclause
(I) or (II) is no longer engaging in the illegal use of
drugs.
(iii) Exclusion for certain services
Notwithstanding clause (i), for purposes of programs and
activities providing health services and services provided
under subchapters I, II, and III of this chapter, an
individual shall not be excluded from the benefits of such
programs or activities on the basis of his or her current
illegal use of drugs if he or she is otherwise entitled to
such services.
(iv) Disciplinary action
For purposes of programs and activities providing
educational services, local educational agencies may take
disciplinary action pertaining to the use or possession of
illegal drugs or alcohol against any student who is an
individual with a disability and who currently is engaging in
the illegal use of drugs or in the use of alcohol to the same
extent that such disciplinary action is taken against
students who are not individuals with disabilities.
Furthermore, the due process procedures at section 104.36 of
title 34, Code of Federal Regulations (or any corresponding
similar regulation or ruling) shall not apply to such
disciplinary actions.
(v) Employment; exclusion of alcoholics
For purposes of sections 793 and 794 of this title as such
sections relate to employment, the term "individual with a
disability" does not include any individual who is an
alcoholic whose current use of alcohol prevents such
individual from performing the duties of the job in question
or whose employment, by reason of such current alcohol abuse,
would constitute a direct threat to property or the safety of
others.
(D) Employment; exclusion of individuals with certain diseases
or infections
For the purposes of sections 793 and 794 of this title, as
such sections relate to employment, such term does not include
an individual who has a currently contagious disease or
infection and who, by reason of such disease or infection,
would constitute a direct threat to the health or safety of
other individuals or who, by reason of the currently contagious
disease or infection, is unable to perform the duties of the
job.
(E) Rights provisions; exclusion of individuals on basis of
homosexuality or bisexuality
For the purposes of sections 791, 793, and 794 of this title -

(i) for purposes of the application of subparagraph (B) to
such sections, the term "impairment" does not include
homosexuality or bisexuality; and
(ii) therefore the term "individual with a disability" does
not include an individual on the basis of homosexuality or
bisexuality.
(F) Rights provisions; exclusion of individuals on basis of
certain disorders
For the purposes of sections 791, 793, and 794 of this title,
the term "individual with a disability" does not include an
individual on the basis of -
(i) transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not
resulting from physical impairments, or other sexual behavior
disorders;
(ii) compulsive gambling, kleptomania, or pyromania; or
(iii) psychoactive substance use disorders resulting from
current illegal use of drugs.
(G) Individuals with disabilities
The term "individuals with disabilities" means more than one
individual with a disability.
(21) Individual with a significant disability
(A) In general
Except as provided in subparagraph (B) or (C), the term
"individual with a significant disability" means an individual
with a disability -
(i) who has a severe physical or mental impairment which
seriously limits one or more functional capacities (such as
mobility, communication, self-care, self-direction,
interpersonal skills, work tolerance, or work skills) in
terms of an employment outcome;
(ii) whose vocational rehabilitation can be expected to
require multiple vocational rehabilitation services over an
extended period of time; and
(iii) who has one or more physical or mental disabilities
resulting from amputation, arthritis, autism, blindness, burn
injury, cancer, cerebral palsy, cystic fibrosis, deafness,
head injury, heart disease, hemiplegia, hemophilia,
respiratory or pulmonary dysfunction, mental retardation,
mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including
stroke and epilepsy), paraplegia, quadriplegia, and other
spinal cord conditions, sickle cell anemia, specific learning
disability, end-stage renal disease, or another disability or
combination of disabilities determined on the basis of an
assessment for determining eligibility and vocational
rehabilitation needs described in subparagraphs (A) and (B)
of paragraph (2) to cause comparable substantial functional
limitation.
(B) Independent living services and centers for independent
living
For purposes of subchapter VII of this chapter, the term
"individual with a significant disability" means an individual
with a severe physical or mental impairment whose ability to
function independently in the family or community or whose
ability to obtain, maintain, or advance in employment is
substantially limited and for whom the delivery of independent
living services will improve the ability to function, continue
functioning, or move toward functioning independently in the
family or community or to continue in employment, respectively.
(C) Research and training
For purposes of subchapter II of this chapter, the term
"individual with a significant disability" includes an
individual described in subparagraph (A) or (B).
(D) Individuals with significant disabilities
The term "individuals with significant disabilities" means
more than one individual with a significant disability.
(E) Individual with a most significant disability
(i) In general
The term "individual with a most significant disability",
used with respect to an individual in a State, means an
individual with a significant disability who meets criteria
established by the State under section 721(a)(5)(C) of this
title.
(ii) Individuals with the most significant disabilities
The term "individuals with the most significant
disabilities" means more than one individual with a most
significant disability.
(22) Individual's representative; applicant's representative
The terms "individual's representative" and "applicant's
representative" mean a parent, a family member, a guardian, an
advocate, or an authorized representative of an individual or
applicant, respectively.
(23) Institution of higher education
The term "institution of higher education" has the meaning
given the term in section 1001 of title 20.
(24) Local agency
The term "local agency" means an agency of a unit of general
local government or of an Indian tribe (or combination of such
units or tribes) which has an agreement with the designated State
agency to conduct a vocational rehabilitation program under the
supervision of such State agency in accordance with the State
plan approved under section 721 of this title. Nothing in the
preceding sentence of this paragraph or in section 721 of this
title shall be construed to prevent the local agency from
arranging to utilize another local public or nonprofit agency to
provide vocational rehabilitation services if such an arrangement
is made part of the agreement specified in this paragraph.
(25) Local workforce investment board
The term "local workforce investment board" means a local
workforce investment board established under section 117 of the
Workforce Investment Act of 1998 [29 U.S.C. 2832].
(26) Nonprofit
The term "nonprofit", when used with respect to a community
rehabilitation program, means a community rehabilitation program
carried out by a corporation or association, no part of the net
earnings of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual and the income of which
is exempt from taxation under section 501(c)(3) of title 26.
(27) Ongoing support services
The term "ongoing support services" means services -
(A) provided to individuals with the most significant
disabilities;
(B) provided, at a minimum, twice monthly -
(i) to make an assessment, regarding the employment
situation, at the worksite of each such individual in
supported employment, or, under special circumstances,
especially at the request of the client, off site; and
(ii) based on the assessment, to provide for the
coordination or provision of specific intensive services, at
or away from the worksite, that are needed to maintain
employment stability; and

(C) consisting of -
(i) a particularized assessment supplementary to the
comprehensive assessment described in paragraph (2)(B);
(ii) the provision of skilled job trainers who accompany
the individual for intensive job skill training at the
worksite;
(iii) job development, job retention, and placement
services;
(iv) social skills training;
(v) regular observation or supervision of the individual;
(vi) followup services such as regular contact with the
employers, the individuals, the individuals' representatives,
and other appropriate individuals, in order to reinforce and
stabilize the job placement;
(vii) facilitation of natural supports at the worksite;
(viii) any other service identified in section 723 of this
title; or
(ix) a service similar to another service described in this
subparagraph.
(28) Personal assistance services
The term "personal assistance services" means a range of
services, provided by one or more persons, designed to assist an
individual with a disability to perform daily living activities
on or off the job that the individual would typically perform if
the individual did not have a disability. Such services shall be
designed to increase the individual's control in life and ability
to perform everyday activities on or off the job.
(29) Public or nonprofit
The term "public or nonprofit", used with respect to an agency
or organization, includes an Indian tribe.
(30) Rehabilitation technology
The term "rehabilitation technology" means the systematic
application of technologies, engineering methodologies, or
scientific principles to meet the needs of and address the
barriers confronted by individuals with disabilities in areas
which include education, rehabilitation, employment,
transportation, independent living, and recreation. The term
includes rehabilitation engineering, assistive technology
devices, and assistive technology services.
(31) Secretary
The term "Secretary", except when the context otherwise
requires, means the Secretary of Education.
(32) State
The term "State" includes, in addition to each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(33) State workforce investment board
The term "State workforce investment board" means a State
workforce investment board established under section 111 of the
Workforce Investment Act of 1998 [29 U.S.C. 2821].
(34) Statewide workforce investment system
The term "statewide workforce investment system" means a system
described in section 111(d)(2) of the Workforce Investment Act of
1998 [29 U.S.C. 2821(d)(2)].
(35) Supported employment
(A) In general
The term "supported employment" means competitive work in
integrated work settings, or employment in integrated work
settings in which individuals are working toward competitive
work, consistent with the strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed
choice of the individuals, for individuals with the most
significant disabilities -
(i)(I) for whom competitive employment has not
traditionally occurred; or
(II) for whom competitive employment has been interrupted
or intermittent as a result of a significant disability; and
(ii) who, because of the nature and severity of their
disability, need intensive supported employment services for
the period, and any extension, described in paragraph (36)(C)
and extended services after the transition described in
paragraph (13)(C) in order to perform such work.
(B) Certain transitional employment
Such term includes transitional employment for persons who
are individuals with the most significant disabilities due to
mental illness.
(36) Supported employment services
The term "supported employment services" means ongoing support
services and other appropriate services needed to support and
maintain an individual with a most significant disability in
supported employment, that -
(A) are provided singly or in combination and are organized
and made available in such a way as to assist an eligible
individual to achieve competitive employment;
(B) are based on a determination of the needs of an eligible
individual, as specified in an individualized plan for
employment; and
(C) are provided by the designated State unit for a period of
time not to extend beyond 18 months, unless under special
circumstances the eligible individual and the rehabilitation
counselor or coordinator involved jointly agree to extend the
time in order to achieve the employment outcome identified in
the individualized plan for employment.
(37) Transition services
The term "transition services" means a coordinated set of
activities for a student, designed within an outcome-oriented
process, that promotes movement from school to post school
activities, including postsecondary education, vocational
training, integrated employment (including supported employment),
continuing and adult education, adult services, independent
living, or community participation. The coordinated set of
activities shall be based upon the individual student's needs,
taking into account the student's preferences and interests, and
shall include instruction, community experiences, the development
of employment and other post school adult living objectives, and,
when appropriate, acquisition of daily living skills and
functional vocational evaluation.
(38) Vocational rehabilitation services
The term "vocational rehabilitation services" means those
services identified in section 723 of this title which are
provided to individuals with disabilities under this chapter.
(39) Workforce investment activities
The term "workforce investment activities" means workforce
investment activities, as defined in section 101 of the Workforce
Investment Act of 1998 [29 U.S.C. 2801], that are carried out
under that Act.

-SOURCE-
(Pub. L. 93-112, Sec. 7, formerly Sec. 6, as added Pub. L. 105-220,
title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1097; amended Pub. L.
105-244, title I, Sec. 102(a)(9)(A), Oct. 7, 1998, 112 Stat. 1619;
renumbered Sec. 7 and amended Pub. L. 105-277, div. A, Sec. 101(f)
[title VIII, Sec. 402(a)(1), (b)(3), (c)(1)], Oct. 21, 1998, 112
Stat. 2681-337, 2681-412, 2681-413, 2681-415; Pub. L. 105-394,
title IV, Sec. 402(a), Nov. 13, 1998, 112 Stat. 3661.)

-REFTEXT-
REFERENCES IN TEXT
The Controlled Substances Act, referred to in par. (10)(B), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, which is classified principally to subchapter I (Sec. 801
et seq.) of chapter 13 of Title 21, Food and Drugs. For complete
classification of this Act to the Code, see Short Title note set
out under section 801 of Title 21 and Tables.
The Alaska Native Claims Settlement Act, referred to in par.
(19)(B), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
amended, which is classified generally to chapter 33 (Sec. 1601 et
seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1601 of Title 43 and Tables.
The Workforce Investment Act of 1998, referred to in par. (39),
is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. For
complete classification of this Act to the Code, see Short Title
note set out under section 9201 of Title 20, Education, and Tables.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 706
of this title prior to repeal by Pub. L. 105-220.
A prior section 705, Pub. L. 93-112, Sec. 6, Sept. 26, 1973, 87
Stat. 359; Pub. L. 99-506, title X, Sec. 1001(a)(2), Oct. 21, 1986,
100 Stat. 1841; Pub. L. 100-630, title II, Sec. 201(b), Nov. 7,
1988, 102 Stat. 3303; Pub. L. 102-569, title I, Sec. 128(b)(1),
Oct. 29, 1992, 106 Stat. 4388, related to consolidated
rehabilitation plan, prior to repeal by Pub. L. 105-220, title IV,
Sec. 403, Aug. 7, 1998, 112 Stat. 1093.
A prior section 7 of Pub. L. 93-112 was renumbered section 8 and
is classified to section 706 of this title.
Another prior section 7 of Pub. L. 93-112 was classified to
section 706 of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS
1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(3)],
made technical amendment to section designation and catchline in
the original and inserted par. (1) heading.
Par. (2)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
402(c)(1)(A)], substituted "nature" for "objectives, nature,".
Par. (3). Pub. L. 105-394, Sec. 402(a)(1), which directed the
amendment of section 6 of the Rehabilitation Act of 1973 by
substituting "3002" for "2202(2)", was executed to this section,
which is section 7 of that act, to reflect the probable intent of
Congress and the renumbering of section 6 as 7 by Pub. L. 105-277,
Sec. 101(f) [title VIII, Sec. 402(a)(1)].
Par. (4). Pub. L. 105-394, Sec. 402(a)(2), which directed the
amendment of section 6 of the Rehabilitation Act of 1973 by
substituting "3002" for "2202(3)", was executed to this section,
which is section 7 of that act, to reflect the probable intent of
Congress and the renumbering of section 6 as 7 by Pub. L. 105-277,
Sec. 101(f) [title VIII, Sec. 402(a)(1)].
Par. (7). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
402(c)(1)(B)], struck out heading and text of par. (7). Text read
as follows: "The term 'criminal act' means any crime, including an
act, omission, or possession under the laws of the United States or
a State or unit of general local government, which poses a
substantial threat of personal injury, notwithstanding that by
reason of age, insanity, or intoxication or otherwise the person
engaging in the act, omission, or possession was legally incapable
of committing a crime."
Par. (16)(A)(iii). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
402(c)(1)(C)], substituted "eligible individual" for "client".
Par. (23). Pub. L. 105-244 substituted "section 1001 of title 20"
for "section 1141(a) of title 20".
Par. (36)(C). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
402(c)(1)(D)], substituted "employment outcome" for "rehabilitation
objectives".

EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
244, set out as a note under section 1001 of Title 20, Education.

-End-

-CITE-
29 USC Sec. 706 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 706. Allotment percentage

-STATUTE-
(a)(1) For purposes of section 730 of this title, the allotment
percentage for any State shall be 100 per centum less that
percentage which bears the same ratio to 50 per centum as the per
capita income of such State bears to the per capita income of the
United States, except that -
(A) the allotment percentage shall in no case be more than 75
per centum or less than 33 1/3 per centum; and
(B) the allotment percentage for the District of Columbia,
Puerto Rico, Guam, the Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall be 75 per
centum.

(2) The allotment percentages shall be promulgated by the
Secretary between October 1 and December 31 of each even-numbered
year, on the basis of the average of the per capita incomes of the
States and of the United States for the three most recent
consecutive years for which satisfactory data are available from
the Department of Commerce. Such promulgation shall be conclusive
for each of the 2 fiscal years in the period beginning on the
October 1 next succeeding such promulgation.
(3) The term "United States" means (but only for purposes of this
subsection) the 50 States and the District of Columbia.
(b) The population of the several States and of the United States
shall be determined on the basis of the most recent data available,
to be furnished by the Department of Commerce by October 1 of the
year preceding the fiscal year for which funds are appropriated
pursuant to statutory authorizations.

-SOURCE-
(Pub. L. 93-112, Sec. 8, formerly Sec. 7, as added Pub. L. 105-220,
title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1110; renumbered Sec.
8, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 707
of this title prior to repeal by Pub. L. 105-220.
A prior section 706, Pub. L. 93-112, Sec. 7, Sept. 26, 1973, 87
Stat. 359; Pub. L. 93-516, title I, Sec. 111(a), Dec. 7, 1974, 88
Stat. 1619; Pub. L. 93-651, title I, Sec. 111(a), Nov. 21, 1974, 89
Stat. 2-5; Pub. L. 95-602, title I, Sec. 122(a)(4)-(8), Nov. 6,
1978, 92 Stat. 2984, 2985; Pub. L. 98-221, title I, Sec. 101, Feb.
22, 1984, 98 Stat. 17; Pub. L. 99-506, title I, Sec. 103(a), (b),
(c)(1), (d)(1), (2)(A), (C), (e)-(h)(1), (i), (j), title X, Secs.
1001(a)(3), 1002(a), Oct. 21, 1986, 100 Stat. 1809-1811, 1841,
1844; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
L. 100-259, Sec. 9, Mar. 22, 1988, 102 Stat. 31; Pub. L. 100-630,
title II, Sec. 201(c), Nov. 7, 1988, 102 Stat. 3303; Pub. L. 101-
336, title V, Sec. 512, July 26, 1990, 104 Stat. 376; Pub. L. 102-
569, title I, Sec. 102(a)-(n), (p)(3), Oct. 29, 1992, 106 Stat.
4347-4350, 4356; Pub. L. 103-73, title I, Secs. 102(1), 103, Aug.
11, 1993, 107 Stat. 718; Pub. L. 103-218, title IV, Sec. 404, Mar.
9, 1994, 108 Stat. 97, defined terms for purposes of this chapter,
prior to repeal by Pub. L. 105-220, title IV, Sec. 403, Aug. 7,
1998, 112 Stat. 1093. See section 705 of this title.
A prior section 8 of Pub. L. 93-112 was renumbered section 10 and
is classified to section 707 of this title.
Another prior section 8 of Pub. L. 93-112 was classified to
section 707 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 707 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 707. Nonduplication

-STATUTE-
In determining the amount of any State's Federal share of
expenditures for planning, administration, and services incurred by
it under a State plan approved in accordance with section 721 of
this title, there shall be disregarded -
(1) any portion of such expenditures which are financed by
Federal funds provided under any other provision of law; and
(2) the amount of any non-Federal funds required to be expended
as a condition of receipt of such Federal funds.

No payment may be made from funds provided under one provision of
this chapter relating to any cost with respect to which any payment
is made under any other provision of this chapter, except that this
section shall not be construed to limit or reduce fees for services
rendered by community rehabilitation programs.

-SOURCE-
(Pub. L. 93-112, Sec. 10, formerly Sec. 8, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1110; renumbered
Sec. 10 and amended Pub. L. 105-277, div. A, Sec. 101(f) [title
VIII, Sec. 402(a)(1), (c)(2)], Oct. 21, 1998, 112 Stat. 2681-337,
2681-412, 2681-415.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 709
of this title prior to repeal by Pub. L. 105-220.
A prior section 707, Pub. L. 93-112, Sec. 8, Sept. 26, 1973, 87
Stat. 362; Pub. L. 94-273, Sec. 10, Apr. 21, 1976, 90 Stat. 378;
Pub. L. 102-569, title I, Sec. 103, Oct. 29, 1992, 106 Stat. 4361,
related to allotment percentage, prior to repeal by Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See section
706 of this title.
A prior section 10 of Pub. L. 93-112 was renumbered section 12
and is classified to section 709 of this title.
Another prior section 10 of Pub. L. 93-112 was classified to
section 709 of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS
1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(c)(2)],
substituted a dash for a colon after "disregarded" and amended text
to set out cls. (1) and (2) as indented pars. and last sentence as
flush provision.

-End-

-CITE-
29 USC Sec. 708 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 708. Application of other laws

-STATUTE-
The provisions of chapter 71 of title 31 and of title V of the
Act of October 15, 1977 (Public Law 95-134) shall not apply to the
administration of the provisions of this chapter or to the
administration of any program or activity under this chapter.

-SOURCE-
(Pub. L. 93-112, Sec. 11, formerly Sec. 9, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1110; renumbered
Sec. 11, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-REFTEXT-
REFERENCES IN TEXT
Act of October 15, 1977, referred to in text, is Pub. L. 95-134,
Oct. 15, 1977, 91 Stat. 1159, as amended, popularly known as the
Omnibus Territories Act of 1977. Title V of the Act enacted section
4368b of Title 42, The Public Health and Welfare, and section 1469a
of Title 48, Territories and Insular Possessions. For complete
classification of this Act to the Code, see Tables.

-COD-
CODIFICATION
"Chapter 71 of title 31" substituted in text for "the Act of
December 5, 1974 (Public Law 93-510) on authority of Pub. L. 97-
258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section
of which enacted Title 31, Money and Finance.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 710
of this title prior to repeal by Pub. L. 105-220.
A prior section 708, Pub. L. 93-112, Sec. 9, Sept. 26, 1973, 87
Stat. 362, related to audit and examination of records, scope of
disclosure, and access to representatives, prior to repeal by Pub.
L. 103-382, title II, Sec. 272, Oct. 20, 1994, 108 Stat. 3931.
A prior section 11 of Pub. L. 93-112 was renumbered section 13
and is classified to section 710 of this title.
Another prior section 11 of Pub. L. 93-112 was classified to
section 710 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 709 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 709. Administration

-STATUTE-
(a) Technical assistance; short-term traineeships; special
projects; dissemination of information; monitoring and
evaluations
In carrying out the purposes of this chapter, the Commissioner
may -
(1) provide consultative services and technical assistance to
public or nonprofit private agencies and organizations, including
assistance to enable such agencies and organizations to
facilitate meaningful and effective participation by individuals
with disabilities in workforce investment activities;
(2) provide short-term training and technical instruction,
including training for the personnel of community rehabilitation
programs, centers for independent living, and other providers of
services (including job coaches);
(3) conduct special projects and demonstrations;
(4) collect, prepare, publish, and disseminate special
educational or informational materials, including reports of the
projects for which funds are provided under this chapter; and
(5) provide monitoring and conduct evaluations.
(b) Utilization of services and facilities; information task forces
(1) In carrying out the duties under this chapter, the
Commissioner may utilize the services and facilities of any agency
of the Federal Government and of any other public or nonprofit
agency or organization, in accordance with agreements between the
Commissioner and the head thereof, and may pay therefor, in advance
or by way of reimbursement, as may be provided in the agreement.
(2) In carrying out the provisions of this chapter, the
Commissioner shall appoint such task forces as may be necessary to
collect and disseminate information in order to improve the ability
of the Commissioner to carry out the provisions of this chapter.
(c) Rules and regulations
The Commissioner may promulgate such regulations as are
considered appropriate to carry out the Commissioner's duties under
this chapter.
(d) Regulations for implementation of order of selection for
vocational rehabilitation services
The Secretary shall promulgate regulations regarding the
requirements for the implementation of an order of selection for
vocational rehabilitation services under section 721(a)(5)(A) of
this title if such services cannot be provided to all eligible
individuals with disabilities who apply for such services.
(e) Regulations to implement amendments
Not later than 180 days after August 7, 1998, the Secretary shall
receive public comment and promulgate regulations to implement the
amendments made by the Rehabilitation Act Amendments of 1998.
(f) Limitation on regulations
In promulgating regulations to carry out this chapter, the
Secretary shall promulgate only regulations that are necessary to
administer and ensure compliance with the specific requirements of
this chapter.
(g) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as may be necessary.

-SOURCE-
(Pub. L. 93-112, Sec. 12, formerly Sec. 10, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1111; renumbered
Sec. 12, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-REFTEXT-
REFERENCES IN TEXT
The Rehabilitation Act Amendments of 1998, referred to in subsec.
(e), is title IV of Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 1092.
For complete classification of this Act to the Code, see Tables.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 711
of this title prior to repeal by Pub. L. 105-220.
A prior section 709, Pub. L. 93-112, Sec. 10, Sept. 26, 1973, 87
Stat. 363; Pub. L. 95-602, title I, Sec. 122(a)(9), Nov. 6, 1978,
92 Stat. 2985; Pub. L. 100-630, title II, Sec. 201(d), Nov. 7,
1988, 102 Stat. 3304; Pub. L. 102-569, title I, Sec. 104, Oct. 29,
1992, 106 Stat. 4361, related to nonduplication prohibition, prior
to repeal by Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112
Stat. 1093. See section 707 of this title.
A prior section 12 of Pub. L. 93-112 was renumbered section 14
and is classified to section 711 of this title.
Another prior section 12 of Pub. L. 93-112 was classified to
section 711 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 710 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 710. Reports

-STATUTE-
(a) Annual reports required
Not later than one hundred and eighty days after the close of
each fiscal year, the Commissioner shall prepare and submit to the
President and to the Congress a full and complete report on the
activities carried out under this chapter, including the activities
and staffing of the information clearinghouse under section 712 of
this title.
(b) Collection of information
The Commissioner shall collect information to determine whether
the purposes of this chapter are being met and to assess the
performance of programs carried out under this chapter. The
Commissioner shall take whatever action is necessary to assure that
the identity of each individual for which information is supplied
under this section is kept confidential, except as otherwise
required by law (including regulation).
(c) Information to be included in reports
In preparing the report, the Commissioner shall annually collect
and include in the report information based on the information
submitted by States in accordance with section 721(a)(10) of this
title, including information on administrative costs as required by
section 721(a)(10)(D) of this title. The Commissioner shall, to the
maximum extent appropriate, include in the report all information
that is required to be submitted in the reports described in
section 2871(d) of this title and that pertains to the employment
of individuals with disabilities.

-SOURCE-
(Pub. L. 93-112, Sec. 13, formerly Sec. 11, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1111; renumbered
Sec. 13, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 712
of this title prior to repeal by Pub. L. 105-220.
A prior section 710, Pub. L. 93-112, Sec. 11, as added Pub. L. 95-
602, title I, Sec. 121, Nov. 6, 1978, 92 Stat. 2984, related to
application of other laws, prior to repeal by Pub. L. 105-220,
title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See section 708
of this title.
A prior section 13 of Pub. L. 93-112 was renumbered section 15
and is classified to section 712 of this title.
Another prior section 13 of Pub. L. 93-112 was classified to
section 712 of this title prior to repeal by Pub. L. 105-220.

EXCHANGE OF DATA
Pub. L. 102-569, title I, Sec. 137, Oct. 29, 1992, 106 Stat.
4397, provided that: "The Secretary of Education and the Secretary
of Health and Human Services shall enter into a memorandum of
understanding for the purpose of exchanging data of mutual
importance, regarding clients of State vocational rehabilitation
agencies, that are contained in databases maintained by the
Rehabilitation Services Administration, as required under section
13 of the Rehabilitation Act of 1973 ([former] 29 U.S.C. 712), and
the Social Security Administration, from its Summary Earnings and
Records and Master Beneficiary Records. For purposes of the
exchange, the Social Security data shall not be considered tax
information and, as appropriate, the confidentiality of all client
information shall be maintained by both agencies."

-End-

-CITE-
29 USC Sec. 711 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 711. Evaluation

-STATUTE-
(a) Statement of purpose; standards; persons eligible to conduct
evaluations
For the purpose of improving program management and
effectiveness, the Secretary, in consultation with the
Commissioner, shall evaluate all the programs authorized by this
chapter, their general effectiveness in relation to their cost,
their impact on related programs, and their structure and
mechanisms for delivery of services, using appropriate methodology
and evaluative research designs. The Secretary shall establish and
use standards for the evaluations required by this subsection. Such
an evaluation shall be conducted by a person not immediately
involved in the administration of the program evaluated.
(b) Opinions of program and project participants
In carrying out evaluations under this section, the Secretary
shall obtain the opinions of program and project participants about
the strengths and weaknesses of the programs and projects.
(c) Data as property of United States
The Secretary shall take the necessary action to assure that all
studies, evaluations, proposals, and data produced or developed
with Federal funds under this chapter shall become the property of
the United States.
(d) Information from other departments and agencies
Such information as the Secretary may determine to be necessary
for purposes of the evaluations conducted under this section shall
be made available upon request of the Secretary, by the departments
and agencies of the executive branch.
(e) Longitudinal study
(1) To assess the linkages between vocational rehabilitation
services and economic and noneconomic outcomes, the Secretary shall
continue to conduct a longitudinal study of a national sample of
applicants for the services.
(2) The study shall address factors related to attrition and
completion of the program through which the services are provided
and factors within and outside the program affecting results.
Appropriate comparisons shall be used to contrast the experiences
of similar persons who do not obtain the services.
(3) The study shall be planned to cover the period beginning on
the application of individuals with disabilities for the services,
through the eligibility determination and provision of services for
the individuals, and a further period of not less than 2 years
after the termination of services.
(f) Information on exemplary practices
(1) The Commissioner shall identify and disseminate information
on exemplary practices concerning vocational rehabilitation.
(2) To facilitate compliance with paragraph (1), the Commissioner
shall conduct studies and analyses that identify exemplary
practices concerning vocational rehabilitation, including studies
in areas relating to providing informed choice in the
rehabilitation process, promoting consumer satisfaction, promoting
job placement and retention, providing supported employment,
providing services to particular disability populations, financing
personal assistance services, providing assistive technology
devices and assistive technology services, entering into
cooperative agreements, establishing standards and certification
for community rehabilitation programs, converting from
nonintegrated to integrated employment, and providing caseload
management.
(g) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as may be necessary.

-SOURCE-
(Pub. L. 93-112, Sec. 14, formerly Sec. 12, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1110; renumbered
Sec. 14, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 713
of this title prior to repeal by Pub. L. 105-220.
A prior section 711, Pub. L. 93-112, Sec. 12, as added Pub. L. 95-
602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2985;
amended Pub. L. 99-506, title I, Sec. 104, title X, Sec.
1001(a)(4), Oct. 21, 1986, 100 Stat. 1811, 1841; Pub. L. 100-630,
title II, Sec. 201(e), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102-
569, title I, Sec. 105, Oct. 29, 1992, 106 Stat. 4361, related to
administration of this chapter, prior to repeal by Pub. L. 105-220,
title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See section 709
of this title.
A prior section 14 of Pub. L. 93-112 was renumbered section 16
and is classified to section 713 of this title.
Another prior section 14 of Pub. L. 93-112 was classified to
section 713 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 712 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 712. Information clearinghouse

-STATUTE-
(a) Establishment; information and resources for individuals with
disabilities
The Secretary shall establish a central clearinghouse for
information and resource availability for individuals with
disabilities which shall provide information and data regarding -
(1) the location, provision, and availability of services and
programs for individuals with disabilities, including such
information and data provided by State workforce investment
boards regarding such services and programs authorized under
title I of such Act; (!1)

(2) research and recent medical and scientific developments
bearing on disabilities (and their prevention, amelioration,
causes, and cures); and
(3) the current numbers of individuals with disabilities and
their needs.

The clearinghouse shall also provide any other relevant information
and data which the Secretary considers appropriate.
(b) Information and data retrieval system
The Commissioner may assist the Secretary to develop within the
Department of Education a coordinated system of information and
data retrieval, which will have the capacity and responsibility to
provide information regarding the information and data referred to
in subsection (a) of this section to the Congress, public and
private agencies and organizations, individuals with disabilities
and their families, professionals in fields serving such
individuals, and the general public.
(c) Office of Information and Resources for Individuals with
Disabilities
The office established to carry out the provisions of this
section shall be known as the "Office of Information and Resources
for Individuals with Disabilities".
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as may be necessary.

-SOURCE-
(Pub. L. 93-112, Sec. 15, formerly Sec. 13, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1113; renumbered
Sec. 15, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-REFTEXT-
REFERENCES IN TEXT
Such Act, referred to in subsec. (a)(1), probably means the
Workforce Investment Act of 1998, which is Pub. L. 105-220, Aug. 7,
1998, 112 Stat. 936, as amended. Title I of the Act is classified
principally to chapter 30 (Sec. 2801 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 9201 of Title 20, Education, and Tables.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 714
of this title prior to repeal by Pub. L. 105-220.
A prior section 712, Pub. L. 93-112, Sec. 13, as added Pub. L. 95-
602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2985;
amended Pub. L. 98-221, title I, Sec. 102, Feb. 22, 1984, 98 Stat.
17; Pub. L. 99-506, title I, Sec. 105, Oct. 21, 1986, 100 Stat.
1812; Pub. L. 102-569, title I, Secs. 102(p)(4), 106, Oct. 29,
1992, 106 Stat. 4356, 4362; Pub. L. 104-66, title I, Sec. 1042(c),
Dec. 21, 1995, 109 Stat. 715, related to reports to President and
Congress, prior to repeal by Pub. L. 105-220, title IV, Sec. 403,
Aug. 7, 1998, 112 Stat. 1093. See section 710 of this title.
A prior section 15 of Pub. L. 93-112 was renumbered section 17
and is classified to section 714 of this title.
Another prior section 15 of Pub. L. 93-112 was classified to
section 714 of this title prior to repeal by Pub. L. 105-220.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-
29 USC Sec. 713 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 713. Transfer of funds

-STATUTE-
(a) Except as provided in subsection (b) of this section, no
funds appropriated under this chapter for any program or activity
may be used for any purpose other than that for which the funds
were specifically authorized.
(b) No more than 1 percent of funds appropriated for
discretionary grants, contracts, or cooperative agreements
authorized by this chapter may be used for the purpose of providing
non-Federal panels of experts to review applications for such
grants, contracts, or cooperative agreements.

-SOURCE-
(Pub. L. 93-112, Sec. 16, formerly Sec. 14, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1113; renumbered
Sec. 16, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 715
of this title prior to repeal by Pub. L. 105-220.
A prior section 713, Pub. L. 93-112, Sec. 14, as added Pub. L. 95-
602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2986;
amended Pub. L. 98-221, title I, Sec. 103, Feb. 22, 1984, 98 Stat.
17; Pub. L. 99-506, title I, Secs. 103(d)(2)(C), 106, title X, Sec.
1001(a)(5), Oct. 21, 1986, 100 Stat. 1810, 1812, 1841; Pub. L. 100-
630, title II, Sec. 201(f), Nov. 7, 1988, 102 Stat. 3304; Pub. L.
102-569, title I, Secs. 102(p)(5), 107, Oct. 29, 1992, 106 Stat.
4356, 4362, related to program and project evaluation, prior to
repeal by Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112
Stat. 1093. See section 711 of this title.
A prior section 16 of Pub. L. 93-112 was renumbered section 18
and is classified to section 715 of this title.
Another prior section 16 of Pub. L. 93-112 was classified to
section 715 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 714 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 714. State administration

-STATUTE-
The application of any State rule or policy relating to the
administration or operation of programs funded by this chapter
(including any rule or policy based on State interpretation of any
Federal law, regulation, or guideline) shall be identified as a
State imposed requirement.

-SOURCE-
(Pub. L. 93-112, Sec. 17, formerly Sec. 15, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1114; renumbered
Sec. 17, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 716
of this title prior to repeal by Pub. L. 105-220.
A prior section 714, Pub. L. 93-112, Sec. 15, as added Pub. L. 95-
602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2986;
amended Pub. L. 96-374, title XIII, Sec. 1322, Oct. 3, 1980, 94
Stat. 1499; Pub. L. 98-221, title I, Sec. 104(a)(1), Feb. 22, 1984,
98 Stat. 18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21,
1986, 100 Stat. 1810; Pub. L. 102-569, title I, Sec. 102(p)(6),
Oct. 29, 1992, 106 Stat. 4356, related to information
clearinghouse, prior to repeal by Pub. L. 105-220, title IV, Sec.
403, Aug. 7, 1998, 112 Stat. 1093. See section 712 of this title.
A prior section 17 of Pub. L. 93-112 was renumbered section 19
and is classified to section 716 of this title.
Another prior section 17 of Pub. L. 93-112 was classified to
section 716 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 715 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 715. Review of applications

-STATUTE-
Applications for grants in excess of $100,000 in the aggregate
authorized to be funded under this chapter, other than grants
primarily for the purpose of conducting dissemination or
conferences, shall be reviewed by panels of experts which shall
include a majority of non-Federal members. Non-Federal members may
be provided travel, per diem, and consultant fees not to exceed the
daily equivalent of the rate of pay for level 4 of the Senior
Executive Service Schedule under section 5382 of title 5.

-SOURCE-
(Pub. L. 93-112, Sec. 18, formerly Sec. 16, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1114; renumbered
Sec. 18, Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
402(a)(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 717
of this title prior to repeal by Pub. L. 105-220.
A prior section 715, Pub. L. 93-112, Sec. 16, as added Pub. L. 95-
602, title I, Sec. 122(a)(10), Nov. 6, 1978, 92 Stat. 2987;
amended Pub. L. 99-506, title I, Sec. 107, Oct. 21, 1986, 100 Stat.
1812; Pub. L. 102-569, title I, Sec. 108(a), Oct. 29, 1992, 106
Stat. 4363, related to transfer of funds, prior to repeal by Pub.
L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See
section 713 of this title.
A prior section 18 of Pub. L. 93-112 was renumbered section 20
and is classified to section 717 of this title.
Another prior section 18 of Pub. L. 93-112 was classified to
section 717 of this title prior to repeal by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 716 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 716. Carryover

-STATUTE-
(a) In general
Except as provided in subsection (b) of this section, and
notwithstanding any other provision of law -
(1) any funds appropriated for a fiscal year to carry out any
grant program under part B of subchapter I of this chapter,
section 794e of this title (except as provided in section 794e(b)
of this title), part B of subchapter VI of this chapter, subpart
2 or 3 of part A of subchapter VII of this chapter, or part B of
subchapter VII of this chapter (except as provided in section
796k(b) of this title), including any funds reallotted under any
such grant program, that are not obligated and expended by
recipients prior to the beginning of the succeeding fiscal year;
or
(2) any amounts of program income, including reimbursement
payments under the Social Security Act (42 U.S.C. 301 et seq.),
received by recipients under any grant program specified in
paragraph (1) that are not obligated and expended by recipients
prior to the beginning of the fiscal year succeeding the fiscal
year in which such amounts were received,

shall remain available for obligation and expenditure by such
recipients during such succeeding fiscal year.
(b) Non-Federal share
Such funds shall remain available for obligation and expenditure
by a recipient as provided in subsection (a) of this section only
to the extent that the recipient complied with any Federal share
requirements applicable to the program for the fiscal year for
which the funds were appropriated.

-SOURCE-
(Pub. L. 93-112, Sec. 19, formerly Sec. 17, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1114; renumbered
Sec. 19 and amended Pub. L. 105-277, div. A, Sec. 101(f) [title
VIII, Sec. 402(a)(1), (b)(4)], Oct. 21, 1998, 112 Stat. 2681-337,
2681-412, 2681-413.)

-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (a)(2), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see section 1305 of Title 42 and Tables.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 718
of this title prior to repeal by Pub. L. 105-220.
A prior section 716, Pub. L. 93-112, Sec. 17, as added Pub. L. 99-
506, title I, Sec. 108(a), Oct. 21, 1986, 100 Stat. 1812, related
to State administration, prior to repeal by Pub. L. 105-220, title
IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093. See section 714 of this
title.
A prior section 19 of Pub. L. 93-112 was renumbered section 21
and is classified to section 718 of this title.
Another prior section 19 of Pub. L. 93-112 was classified to
section 718 of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS
1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(4)],
made technical amendment in the original to section designation and
catchline.

-End-

-CITE-
29 USC Sec. 717 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 717. Client assistance information

-STATUTE-
All programs, including community rehabilitation programs, and
projects, that provide services to individuals with disabilities
under this chapter shall advise such individuals who are applicants
for or recipients of the services, or the applicants'
representatives or individuals' representatives, of the
availability and purposes of the client assistance program under
section 732 of this title, including information on means of
seeking assistance under such program.

-SOURCE-
(Pub. L. 93-112, Sec. 20, formerly Sec. 18, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1114; renumbered
Sec. 20 and amended Pub. L. 105-277, div. A, Sec. 101(f) [title
VIII, Sec. 402(a)(1), (b)(5)], Oct. 21, 1998, 112 Stat. 2681-337,
2681-412, 2681-413.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 718a
of this title prior to repeal by Pub. L. 105-220.
A prior section 717, Pub. L. 93-112, Sec. 18, as added Pub. L. 99-
506, title I, Sec. 109(a), Oct. 21, 1986, 100 Stat. 1813; amended
Pub. L. 100-630, title II, Sec. 201(g), Nov. 7, 1988, 102 Stat.
3304; Pub. L. 102-569, title I, Sec. 108(b), Oct. 29, 1992, 106
Stat. 4363, related to review of applications, prior to repeal by
Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.
See section 715 of this title.
A prior section 20 of Pub. L. 93-112 was classified to section
718a of this title prior to repeal by Pub. L. 105-220.

AMENDMENTS
1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(5)],
made technical amendment to section designation and catchline in
the original.

-End-

-CITE-
29 USC Sec. 718 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
GENERAL PROVISIONS

-HEAD-
Sec. 718. Traditionally underserved populations

-STATUTE-
(a) Findings
With respect to the programs authorized in subchapters II through
VII of this chapter, the Congress finds as follows:
(1) Racial profile
The racial profile of America is rapidly changing. While the
rate of increase for white Americans is 3.2 percent, the rate of
increase for racial and ethnic minorities is much higher: 38.6
percent for Latinos, 14.6 percent for African-Americans, and 40.1
percent for Asian-Americans and other ethnic groups. By the year
2000, the Nation will have 260,000,000 people, one of every three
of whom will be either African-American, Latino, or Asian-
American.
(2) Rate of disability
Ethnic and racial minorities tend to have disabling conditions
at a disproportionately high rate. The rate of work-related
disability for American Indians is about one and one-half times
that of the general population. African-Americans are also one
and one-half times more likely to be disabled than whites and
twice as likely to be significantly disabled.
(3) Inequitable treatment
Patterns of inequitable treatment of minorities have been
documented in all major junctures of the vocational
rehabilitation process. As compared to white Americans, a larger
percentage of African-American applicants to the vocational
rehabilitation system is denied acceptance. Of applicants
accepted for service, a larger percentage of African-American
cases is closed without being rehabilitated. Minorities are
provided less training than their white counterparts.
Consistently, less money is spent on minorities than on their
white counterparts.
(4) Recruitment
Recruitment efforts within vocational rehabilitation at the
level of preservice training, continuing education, and in-
service training must focus on bringing larger numbers of
minorities into the profession in order to provide appropriate
practitioner knowledge, role models, and sufficient manpower to
address the clearly changing demography of vocational
rehabilitation.
(b) Outreach to minorities
(1) In general
For each fiscal year, the Commissioner and the Director of the
National Institute on Disability and Rehabilitation Research
(referred to in this subsection as the "Director") shall reserve
1 percent of the funds appropriated for the fiscal year for
programs authorized under subchapters II, III, VI, and VII of
this chapter to carry out this subsection. The Commissioner and
the Director shall use the reserved funds to carry out one or
more of the activities described in paragraph (2) through a
grant, contract, or cooperative agreement.
(2) Activities
The activities carried out by the Commissioner and the Director
shall include one or more of the following:
(A) Making awards to minority entities and Indian tribes to
carry out activities under the programs authorized under
subchapters II, III, VI, and VII of this chapter.
(B) Making awards to minority entities and Indian tribes to
conduct research, training, technical assistance, or a related
activity, to improve services provided under this chapter,
especially services provided to individuals from minority
backgrounds.
(C) Making awards to entities described in paragraph (3) to
provide outreach and technical assistance to minority entities
and Indian tribes to promote their participation in activities
funded under this chapter, including assistance to enhance
their capacity to carry out such activities.
(3) Eligibility
To be eligible to receive an award under paragraph (2)(C), an
entity shall be a State or a public or private nonprofit agency
or organization, such as an institution of higher education or an
Indian tribe.
(4) Report
In each fiscal year, the Commissioner and the Director shall
prepare and submit to Congress a report that describes the
activities funded under this subsection for the preceding fiscal
year.
(5) Definitions
In this subsection:
(A) Historically Black college or university
The term "historically Black college or university" means a
part B institution, as defined in section 1061(2) of title 20.
(B) Minority entity
The term "minority entity" means an entity that is a
historically Black college or university, a Hispanic-serving
institution of higher education, an American Indian tribal
college or university, or another institution of higher
education whose minority student enrollment is at least 50
percent.
(c) Demonstration
In awarding grants, or entering into contracts or cooperative
agreements under subchapters I, II, III, VI, and VII of this
chapter, and section 794e of this title, the Commissioner and the
Director, in appropriate cases, shall require applicants to
demonstrate how the applicants will address, in whole or in part,
the needs of individuals with disabilities from minority
backgrounds.

-SOURCE-
(Pub. L. 93-112, Sec. 21, formerly Sec. 19, as added Pub. L. 105-
220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1115; renumbered
Sec. 21 and amended Pub. L. 105-277, div. A, Sec. 101(f) [title
VIII, Sec. 402(a)(1), (b)(6), (c)(3)], Oct. 21, 1998, 112 Stat.
2681-337, 2681-412, 2681-413, 2681-415.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 718b
of this title prior to repeal by Pub. L. 105-220.
Prior sections 718 to 718b were repealed by Pub. L. 105-220,
title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.
Section 718, Pub. L. 93-112, Sec. 19, as added Pub. L. 102-569,
title I, Sec. 109(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub.
L. 103-73, title I, Sec. 104, Aug. 11, 1993, 107 Stat. 719, related
to carryover of funds. See section 716 of this title.
Section 718a, Pub. L. 93-112, Sec. 20, as added Pub. L. 102-569,
title I, Sec. 110(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub.
L. 103-73, title I, Sec. 105, Aug. 11, 1993, 107 Stat. 719, related
to client assistance information. See section 717 of this title.
Section 718b, Pub. L. 93-112, Sec. 21, as added Pub. L. 102-569,
title I, Sec. 111(a), Oct. 29, 1992, 106 Stat. 4363; amended Pub.
L. 103-73, title I, Sec. 106, Aug. 11, 1993, 107 Stat. 719, related
to traditionally underserved populations.

AMENDMENTS
1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(6)],
made technical amendment in original to section designation and
catchline.
Subsec. (a)(3). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
402(c)(3)], substituted "is denied" for "are denied" and "is
closed" for "are closed".

-End-

-CITE-
29 USC SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

-HEAD-
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES

-COD-
CODIFICATION
Title I of the Rehabilitation Act of 1973, comprising this
subchapter, was originally enacted by Pub. L. 93-112, title I,
Sept. 26, 1973, 87 Stat. 363, and amended by Pub. L. 93-516, Dec.
7, 1974, 88 Stat. 1617; Pub. L. 93-651, Nov. 21, 1974, 89 Stat. 2-
3; Pub. L. 94-230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 95-602,
Nov. 6, 1978, 92 Stat. 2955; Pub. L. 97-375, Dec. 21, 1982, 96
Stat. 1819; Pub. L. 98-221, Feb. 22, 1984, 98 Stat. 17; Pub. L. 98-
524, Oct. 19, 1984, 98 Stat. 2435; Pub. L. 99-506, Oct. 21, 1986,
100 Stat. 1807; Pub. L. 100-630, Nov. 7, 1988, 102 Stat. 3289; Pub.
L. 102-52, June 6, 1991, 105 Stat. 260; Pub. L. 102-54, June 13,
1991, 105 Stat. 267; Pub. L. 102-119, Oct. 7, 1991, 105 Stat. 587;
Pub. L. 102-569, Oct. 29, 1992, 106 Stat. 4344; Pub. L. 103-73,
Aug. 11, 1993, 107 Stat. 718; Pub. L. 104-66, Dec. 21, 1995, 109
Stat. 707; Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 186. Title I
is shown herein, however, as having been added by Pub. L. 105-220,
title IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1116, without reference
to those intervening amendments because of the extensive revision
of title I by Pub. L. 105-220.

-End-

-CITE-
29 USC Part A - General Provisions 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
PART A - GENERAL PROVISIONS

-End-

-CITE-
29 USC Sec. 720 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 720. Declaration of policy; authorization of appropriations

-STATUTE-
(a) Findings; purpose; policy
(1) Findings
Congress finds that -
(A) work -
(i) is a valued activity, both for individuals and society;
and
(ii) fulfills the need of an individual to be productive,
promotes independence, enhances self-esteem, and allows for
participation in the mainstream of life in the United States;

(B) as a group, individuals with disabilities experience
staggering levels of unemployment and poverty;
(C) individuals with disabilities, including individuals with
the most significant disabilities, have demonstrated their
ability to achieve gainful employment in integrated settings if
appropriate services and supports are provided;
(D) reasons for significant numbers of individuals with
disabilities not working, or working at levels not commensurate
with their abilities and capabilities, include -
(i) discrimination;
(ii) lack of accessible and available transportation;
(iii) fear of losing health coverage under the medicare and
medicaid programs carried out under titles XVIII and XIX of
the Social Security Act (42 U.S.C. 1395 et seq. and 1396 et
seq.) or fear of losing private health insurance; and
(iv) lack of education, training, and supports to meet job
qualification standards necessary to secure, retain, regain,
or advance in employment;

(E) enforcement of subchapter V of this chapter and of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) holds the promise of ending discrimination for
individuals with disabilities;
(F) the provision of workforce investment activities and
vocational rehabilitation services can enable individuals with
disabilities, including individuals with the most significant
disabilities, to pursue meaningful careers by securing gainful
employment commensurate with their abilities and capabilities;
and
(G) linkages between the vocational rehabilitation programs
established under this subchapter and other components of the
statewide workforce investment systems are critical to ensure
effective and meaningful participation by individuals with
disabilities in workforce investment activities.
(2) Purpose
The purpose of this subchapter is to assist States in operating
statewide comprehensive, coordinated, effective, efficient, and
accountable programs of vocational rehabilitation, each of which
is -
(A) an integral part of a statewide workforce investment
system; and
(B) designed to assess, plan, develop, and provide vocational
rehabilitation services for individuals with disabilities,
consistent with their strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed
choice, so that such individuals may prepare for and engage in
gainful employment.
(3) Policy
It is the policy of the United States that such a program shall
be carried out in a manner consistent with the following
principles:
(A) Individuals with disabilities, including individuals with
the most significant disabilities, are generally presumed to be
capable of engaging in gainful employment and the provision of
individualized vocational rehabilitation services can improve
their ability to become gainfully employed.
(B) Individuals with disabilities must be provided the
opportunities to obtain gainful employment in integrated
settings.
(C) Individuals who are applicants for such programs or
eligible to participate in such programs must be active and
full partners in the vocational rehabilitation process, making
meaningful and informed choices -
(i) during assessments for determining eligibility and
vocational rehabilitation needs; and
(ii) in the selection of employment outcomes for the
individuals, services needed to achieve the outcomes,
entities providing such services, and the methods used to
secure such services.

(D) Families and other natural supports can play important
roles in the success of a vocational rehabilitation program, if
the individual with a disability involved requests, desires, or
needs such supports.
(E) Vocational rehabilitation counselors that are trained and
prepared in accordance with State policies and procedures as
described in section 721(a)(7)(B) of this title (referred to
individually in this subchapter as a "qualified vocational
rehabilitation counselor"), other qualified rehabilitation
personnel, and other qualified personnel facilitate the
accomplishment of the employment outcomes and objectives of an
individual.
(F) Individuals with disabilities and the individuals'
representatives are full partners in a vocational
rehabilitation program and must be involved on a regular basis
and in a meaningful manner with respect to policy development
and implementation.
(G) Accountability measures must facilitate the
accomplishment of the goals and objectives of the program,
including providing vocational rehabilitation services to,
among others, individuals with the most significant
disabilities.
(b) Authorization of appropriations
(1) In general
For the purpose of making grants to States under part B of this
subchapter to assist States in meeting the costs of vocational
rehabilitation services provided in accordance with State plans
under section 721 of this title, there are authorized to be
appropriated such sums as may be necessary for fiscal years 1999
through 2003, except that the amount to be appropriated for a
fiscal year shall not be less than the amount of the
appropriation under this paragraph for the immediately preceding
fiscal year, increased by the percentage change in the Consumer
Price Index determined under subsection (c) of this section for
the immediately preceding fiscal year.
(2) Reference
The reference in paragraph (1) to grants to States under part B
of this subchapter shall not be considered to refer to grants
under section 732 of this title.
(c) Consumer Price Index
(1) Percentage change
No later than November 15 of each fiscal year (beginning with
fiscal year 1979), the Secretary of Labor shall publish in the
Federal Register the percentage change in the Consumer Price
Index published for October of the preceding fiscal year and
October of the fiscal year in which such publication is made.
(2) Application
(A) Increase
If in any fiscal year the percentage change published under
paragraph (1) indicates an increase in the Consumer Price
Index, then the amount to be appropriated under subsection
(b)(1) of this section for the subsequent fiscal year shall be
at least the amount appropriated under subsection (b)(1) of
this section for the fiscal year in which the publication is
made under paragraph (1) increased by such percentage change.
(B) No increase or decrease
If in any fiscal year the percentage change published under
paragraph (1) does not indicate an increase in the Consumer
Price Index, then the amount to be appropriated under
subsection (b)(1) of this section for the subsequent fiscal
year shall be at least the amount appropriated under subsection
(b)(1) of this section for the fiscal year in which the
publication is made under paragraph (1).
(3) Definition
For purposes of this section, the term "Consumer Price Index"
means the Consumer Price Index for All Urban Consumers, published
monthly by the Bureau of Labor Statistics.
(d) Extension
(1) In general
(A) Authorization or duration of program
Unless the Congress in the regular session which ends prior
to the beginning of the terminal fiscal year -
(i) of the authorization of appropriations for the program
authorized by the State grant program under part B of this
subchapter; or
(ii) of the duration of the program authorized by the State
grant program under part B of this subchapter;

has passed legislation which would have the effect of extending
the authorization or duration (as the case may be) of such
program, such authorization or duration is automatically
extended for 1 additional year for the program authorized by
this subchapter.
(B) Calculation
The amount authorized to be appropriated for the additional
fiscal year described in subparagraph (A) shall be an amount
equal to the amount appropriated for such program for fiscal
year 2003, increased by the percentage change in the Consumer
Price Index determined under subsection (c) of this section for
the immediately preceding fiscal year, if the percentage change
indicates an increase.
(2) Construction
(A) Passage of legislation
For the purposes of paragraph (1)(A), Congress shall not be
deemed to have passed legislation unless such legislation
becomes law.
(B) Acts or determinations of Commissioner
In any case where the Commissioner is required under an
applicable statute to carry out certain acts or make certain
determinations which are necessary for the continuation of the
program authorized by this subchapter, if such acts or
determinations are required during the terminal year of such
program, such acts and determinations shall be required during
any fiscal year in which the extension described in that part
of paragraph (1) that follows clause (ii) of paragraph (1)(A)
is in effect.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 100, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1116.)

-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (a)(1)(D)(iii),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles
XVIII and XIX of the Act are classified generally to subchapters
XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.),
respectively, of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in
subsec. (a)(1)(E), is Pub. L. 101-336, July 26, 1990, 104 Stat.
327, as amended, which is classified principally to chapter 126
(Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see Short
Title note set out under section 12101 of Title 42 and Tables.

-MISC1-
PRIOR PROVISIONS
A prior section 720, Pub. L. 93-112, title I, Sec. 100, Sept. 26,
1973, 87 Stat. 363; Pub. L. 93-516, title I, Sec. 102(a), Dec. 7,
1974, 88 Stat. 1618; Pub. L. 93-651, title I, Sec. 102(a), Nov. 21,
1974, 89 Stat. 2-3; Pub. L. 94-230, Secs. 2(a), 11(b)(2), (3), Mar.
15, 1976, 90 Stat. 211, 213; Pub. L. 95-602, title I, Sec. 101(a),
(b), Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98-221, title I, Sec.
111(a)-(d), Feb. 22, 1984, 98 Stat. 19; Pub. L. 99-506, title I,
Sec. 103(d)(2)(C), title II, Sec. 201, Oct. 21, 1986, 100 Stat.
1810, 1813; Pub. L. 100-630, title II, Sec. 202(a), Nov. 7, 1988,
102 Stat. 3304; Pub. L. 102-52, Sec. 2(a), (b)(1), June 6, 1991,
105 Stat. 260; Pub. L. 102-569, title I, Sec. 121(a), (b), Oct. 29,
1992, 106 Stat. 4365, 4367, related to congressional findings,
purpose, policy, authorization of appropriations, change in
Consumer Price Index, and extension of program, prior to the
general amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 721 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 721. State plans

-STATUTE-
(a) Plan requirements
(1) In general
(A) Submission
To be eligible to participate in programs under this
subchapter, a State shall submit to the Commissioner a State
plan for vocational rehabilitation services that meets the
requirements of this section, on the same date that the State
submits a State plan under section 112 of the Workforce
Investment Act of 1998 [29 U.S.C. 2822].
(B) Nonduplication
The State shall not be required to submit, in the State plan
for vocational rehabilitation services, policies, procedures,
or descriptions required under this subchapter that have been
previously submitted to the Commissioner and that demonstrate
that such State meets the requirements of this subchapter,
including any policies, procedures, or descriptions submitted
under this subchapter as in effect on the day before August 7,
1998.
(C) Duration
The State plan shall remain in effect subject to the
submission of such modifications as the State determines to be
necessary or as the Commissioner may require based on a change
in State policy, a change in Federal law (including
regulations), an interpretation of this chapter by a Federal
court or the highest court of the State, or a finding by the
Commissioner of State noncompliance with the requirements of
this chapter, until the State submits and receives approval of
a new State plan.
(2) Designated State agency; designated State unit
(A) Designated State agency
The State plan shall designate a State agency as the sole
State agency to administer the plan, or to supervise the
administration of the plan by a local agency, except that -
(i) where, under State law, the State agency for
individuals who are blind or another agency that provides
assistance or services to adults who are blind is authorized
to provide vocational rehabilitation services to individuals
who are blind, that agency may be designated as the sole
State agency to administer the part of the plan under which
vocational rehabilitation services are provided for
individuals who are blind (or to supervise the administration
of such part by a local agency) and a separate State agency
may be designated as the sole State agency to administer or
supervise the administration of the rest of the State plan;
(ii) the Commissioner, on the request of a State, may
authorize the designated State agency to share funding and
administrative responsibility with another agency of the
State or with a local agency in order to permit the agencies
to carry out a joint program to provide services to
individuals with disabilities, and may waive compliance, with
respect to vocational rehabilitation services furnished under
the joint program, with the requirement of paragraph (4) that
the plan be in effect in all political subdivisions of the
State; and
(iii) in the case of American Samoa, the appropriate State
agency shall be the Governor of American Samoa.
(B) Designated State unit
The State agency designated under subparagraph (A) shall be -

(i) a State agency primarily concerned with vocational
rehabilitation, or vocational and other rehabilitation, of
individuals with disabilities; or
(ii) if not such an agency, the State agency (or each State
agency if 2 are so designated) shall include a vocational
rehabilitation bureau, division, or other organizational unit
that -
(I) is primarily concerned with vocational
rehabilitation, or vocational and other rehabilitation, of
individuals with disabilities, and is responsible for the
vocational rehabilitation program of the designated State
agency;
(II) has a full-time director;
(III) has a staff employed on the rehabilitation work of
the organizational unit all or substantially all of whom
are employed full time on such work; and
(IV) is located at an organizational level and has an
organizational status within the designated State agency
comparable to that of other major organizational units of
the designated State agency.
(C) Responsibility for services for the blind
If the State has designated only 1 State agency pursuant to
subparagraph (A), the State may assign responsibility for the
part of the plan under which vocational rehabilitation services
are provided for individuals who are blind to an organizational
unit of the designated State agency and assign responsibility
for the rest of the plan to another organizational unit of the
designated State agency, with the provisions of subparagraph
(B) applying separately to each of the designated State units.
(3) Non-Federal share
The State plan shall provide for financial participation by the
State, or if the State so elects, by the State and local
agencies, to provide the amount of the non-Federal share of the
cost of carrying out part B of this subchapter.
(4) Statewideness
The State plan shall provide that the plan shall be in effect
in all political subdivisions of the State, except that -
(A) in the case of any activity that, in the judgment of the
Commissioner, is likely to assist in promoting the vocational
rehabilitation of substantially larger numbers of individuals
with disabilities or groups of individuals with disabilities,
the Commissioner may waive compliance with the requirement that
the plan be in effect in all political subdivisions of the
State to the extent and for such period as may be provided in
accordance with regulations prescribed by the Commissioner, but
only if the non-Federal share of the cost of the vocational
rehabilitation services involved is met from funds made
available by a local agency (including funds contributed to
such agency by a private agency, organization, or individual);
and
(B) in a case in which earmarked funds are used toward the
non-Federal share and such funds are earmarked for particular
geographic areas within the State, the earmarked funds may be
used in such areas if the State notifies the Commissioner that
the State cannot provide the full non-Federal share without
such funds.
(5) Order of selection for vocational rehabilitation services
In the event that vocational rehabilitation services cannot be
provided to all eligible individuals with disabilities in the
State who apply for the services, the State plan shall -
(A) show the order to be followed in selecting eligible
individuals to be provided vocational rehabilitation services;
(B) provide the justification for the order of selection;
(C) include an assurance that, in accordance with criteria
established by the State for the order of selection,
individuals with the most significant disabilities will be
selected first for the provision of vocational rehabilitation
services; and
(D) provide that eligible individuals, who do not meet the
order of selection criteria, shall have access to services
provided through the information and referral system
implemented under paragraph (20).
(6) Methods for administration
(A) In general
The State plan shall provide for such methods of
administration as are found by the Commissioner to be necessary
for the proper and efficient administration of the plan.
(B) Employment of individuals with disabilities
The State plan shall provide that the designated State
agency, and entities carrying out community rehabilitation
programs in the State, who are in receipt of assistance under
this subchapter shall take affirmative action to employ and
advance in employment qualified individuals with disabilities
covered under, and on the same terms and conditions as set
forth in, section 793 of this title.
(C) Facilities
The State plan shall provide that facilities used in
connection with the delivery of services assisted under the
State plan shall comply with the Act entitled "An Act to insure
that certain buildings financed with Federal funds are so
designed and constructed as to be accessible to the physically
handicapped", approved on August 12, 1968 (commonly known as
the "Architectural Barriers Act of 1968") [42 U.S.C. 4151 et
seq.], with section 794 of this title, and with the Americans
with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].
(7) Comprehensive system of personnel development
The State plan shall -
(A) include a description (consistent with the purposes of
this chapter) of a comprehensive system of personnel
development, which shall include -
(i) a description of the procedures and activities the
designated State agency will undertake to ensure an adequate
supply of qualified State rehabilitation professionals and
paraprofessionals for the designated State unit, including
the development and maintenance of a system for determining,
on an annual basis -
(I) the number and type of personnel that are employed by
the designated State unit in the provision of vocational
rehabilitation services, including ratios of qualified
vocational rehabilitation counselors to clients; and
(II) the number and type of personnel needed by the
State, and a projection of the numbers of such personnel
that will be needed in 5 years, based on projections of the
number of individuals to be served, the number of such
personnel who are expected to retire or leave the
vocational rehabilitation field, and other relevant
factors;

(ii) where appropriate, a description of the manner in
which activities will be undertaken under this section to
coordinate the system of personnel development with personnel
development activities under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
(iii) a description of the development and maintenance of a
system of determining, on an annual basis, information on the
programs of institutions of higher education within the State
that are preparing rehabilitation professionals, including -
(I) the numbers of students enrolled in such programs;
and
(II) the number of such students who graduated with
certification or licensure, or with credentials to qualify
for certification or licensure, as a rehabilitation
professional during the past year;

(iv) a description of the development, updating, and
implementation of a plan that -
(I) will address the current and projected vocational
rehabilitation services personnel training needs for the
designated State unit; and
(II) provides for the coordination and facilitation of
efforts between the designated State unit, institutions of
higher education, and professional associations to recruit,
prepare, and retain qualified personnel, including
personnel from minority backgrounds, and personnel who are
individuals with disabilities; and

(v) a description of the procedures and activities the
designated State agency will undertake to ensure that all
personnel employed by the designated State unit are
appropriately and adequately trained and prepared, including -

(I) a system for the continuing education of
rehabilitation professionals and paraprofessionals within
the designated State unit, particularly with respect to
rehabilitation technology; and
(II) procedures for acquiring and disseminating to
rehabilitation professionals and paraprofessionals within
the designated State unit significant knowledge from
research and other sources, including procedures for
providing training regarding the amendments to this chapter
made by the Rehabilitation Act Amendments of 1998;

(B) set forth policies and procedures relating to the
establishment and maintenance of standards to ensure that
personnel, including rehabilitation professionals and
paraprofessionals, needed within the designated State unit to
carry out this part are appropriately and adequately prepared
and trained, including -
(i) the establishment and maintenance of standards that are
consistent with any national or State approved or recognized
certification, licensing, registration, or other comparable
requirements that apply to the area in which such personnel
are providing vocational rehabilitation services; and
(ii) to the extent that such standards are not based on the
highest requirements in the State applicable to a specific
profession or discipline, the steps the State is taking to
require the retraining or hiring of personnel within the
designated State unit that meet appropriate professional
requirements in the State; and

(C) contain provisions relating to the establishment and
maintenance of minimum standards to ensure the availability of
personnel within the designated State unit, to the maximum
extent feasible, trained to communicate in the native language
or mode of communication of an applicant or eligible
individual.
(8) Comparable services and benefits
(A) Determination of availability
(i) In general
The State plan shall include an assurance that, prior to
providing any vocational rehabilitation service to an
eligible individual, except those services specified in
paragraph (5)(D) and in paragraphs (1) through (4) and (14)
of section 723(a) of this title, the designated State unit
will determine whether comparable services and benefits are
available under any other program (other than a program
carried out under this subchapter) unless such a
determination would interrupt or delay -
(I) the progress of the individual toward achieving the
employment outcome identified in the individualized plan
for employment of the individual in accordance with section
722(b) of this title;
(II) an immediate job placement; or
(III) the provision of such service to any individual at
extreme medical risk.
(ii) Awards and scholarships
For purposes of clause (i), comparable benefits do not
include awards and scholarships based on merit.
(B) Interagency agreement
The State plan shall include an assurance that the Governor
of the State, in consultation with the entity in the State
responsible for the vocational rehabilitation program and other
appropriate agencies, will ensure that an interagency agreement
or other mechanism for interagency coordination takes effect
between any appropriate public entity, including the State
entity responsible for administering the State medicaid
program, a public institution of higher education, and a
component of the statewide workforce investment system, and the
designated State unit, in order to ensure the provision of
vocational rehabilitation services described in subparagraph
(A) (other than those services specified in paragraph (5)(D),
and in paragraphs (1) through (4) and (14) of section 723(a) of
this title), that are included in the individualized plan for
employment of an eligible individual, including the provision
of such vocational rehabilitation services during the pendency
of any dispute described in clause (iii). Such agreement or
mechanism shall include the following:
(i) Agency financial responsibility
An identification of, or a description of a method for
defining, the financial responsibility of such public entity
for providing such services, and a provision stating the
financial responsibility of such public entity for providing
such services.
(ii) Conditions, terms, and procedures of reimbursement
Information specifying the conditions, terms, and
procedures under which a designated State unit shall be
reimbursed by other public entities for providing such
services, based on the provisions of such agreement or
mechanism.
(iii) Interagency disputes
Information specifying procedures for resolving interagency
disputes under the agreement or other mechanism (including
procedures under which the designated State unit may initiate
proceedings to secure reimbursement from other public
entities or otherwise implement the provisions of the
agreement or mechanism).
(iv) Coordination of services procedures
Information specifying policies and procedures for public
entities to determine and identify the interagency
coordination responsibilities of each public entity to
promote the coordination and timely delivery of vocational
rehabilitation services (except those services specified in
paragraph (5)(D) and in paragraphs (1) through (4) and (14)
of section 723(a) of this title).
(C) Responsibilities of other public entities
(i) Responsibilities under other law
Notwithstanding subparagraph (B), if any public entity
other than a designated State unit is obligated under Federal
or State law, or assigned responsibility under State policy
or under this paragraph, to provide or pay for any services
that are also considered to be vocational rehabilitation
services (other than those specified in paragraph (5)(D) and
in paragraphs (1) through (4) and (14) of section 723(a) of
this title), such public entity shall fulfill that obligation
or responsibility, either directly or by contract or other
arrangement.
(ii) Reimbursement
If a public entity other than the designated State unit
fails to provide or pay for the services described in clause
(i) for an eligible individual, the designated State unit
shall provide or pay for such services to the individual.
Such designated State unit may claim reimbursement for the
services from the public entity that failed to provide or pay
for such services. Such public entity shall reimburse the
designated State unit pursuant to the terms of the
interagency agreement or other mechanism described in this
paragraph according to the procedures established in such
agreement or mechanism pursuant to subparagraph (B)(ii).
(D) Methods
The Governor of a State may meet the requirements of
subparagraph (B) through -
(i) a State statute or regulation;
(ii) a signed agreement between the respective officials of
the public entities that clearly identifies the
responsibilities of each public entity relating to the
provision of services; or
(iii) another appropriate method, as determined by the
designated State unit.
(9) Individualized plan for employment
(A) Development and implementation
The State plan shall include an assurance that an
individualized plan for employment meeting the requirements of
section 722(b) of this title will be developed and implemented
in a timely manner for an individual subsequent to the
determination of the eligibility of the individual for services
under this subchapter, except that in a State operating under
an order of selection described in paragraph (5), the plan will
be developed and implemented only for individuals meeting the
order of selection criteria of the State.
(B) Provision of services
The State plan shall include an assurance that such services
will be provided in accordance with the provisions of the
individualized plan for employment.
(10) Reporting requirements
(A) In general
The State plan shall include an assurance that the designated
State agency will submit reports in the form and level of
detail and at the time required by the Commissioner regarding
applicants for, and eligible individuals receiving, services
under this subchapter.
(B) Annual reporting
In specifying the information to be submitted in the reports,
the Commissioner shall require annual reporting on the eligible
individuals receiving the services, on those specific data
elements described in section 136(d)(2) of the Workforce
Investment Act of 1998 [29 U.S.C. 2871(d)(2)] that are
determined by the Secretary to be relevant in assessing the
performance of designated State units in carrying out the
vocational rehabilitation program established under this
subchapter.
(C) Additional data
In specifying the information required to be submitted in the
reports, the Commissioner shall require additional data with
regard to applicants and eligible individuals related to -
(i) the number of applicants and the number of individuals
determined to be eligible or ineligible for the program
carried out under this subchapter, including -
(I) the number of individuals determined to be ineligible
because they did not require vocational rehabilitation
services, as provided in section 722(a) of this title; and
(II) the number of individuals determined, on the basis
of clear and convincing evidence, to be too severely
disabled to benefit in terms of an employment outcome from
vocational rehabilitation services;

(ii) the number of individuals who received vocational
rehabilitation services through the program, including -
(I) the number who received services under paragraph
(5)(D), but not assistance under an individualized plan for
employment;
(II) of those recipients who are individuals with
significant disabilities, the number who received
assistance under an individualized plan for employment
consistent with section 722(b) of this title; and
(III) of those recipients who are not individuals with
significant disabilities, the number who received
assistance under an individualized plan for employment
consistent with section 722(b) of this title;

(iii) of those applicants and eligible recipients who are
individuals with significant disabilities -
(I) the number who ended their participation in the
program carried out under this subchapter and the number
who achieved employment outcomes after receiving vocational
rehabilitation services; and
(II) the number who ended their participation in the
program and who were employed 6 months and 12 months after
securing or regaining employment, or, in the case of
individuals whose employment outcome was to retain or
advance in employment, who were employed 6 months and 12
months after achieving their employment outcome, including -

(aa) the number who earned the minimum wage rate
specified in section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) or another wage level
set by the Commissioner, during such employment; and
(bb) the number who received employment benefits from
an employer during such employment; and

(iv) of those applicants and eligible recipients who are
not individuals with significant disabilities -
(I) the number who ended their participation in the
program carried out under this subchapter and the number
who achieved employment outcomes after receiving vocational
rehabilitation services; and
(II) the number who ended their participation in the
program and who were employed 6 months and 12 months after
securing or regaining employment, or, in the case of
individuals whose employment outcome was to retain or
advance in employment, who were employed 6 months and 12
months after achieving their employment outcome, including -

(aa) the number who earned the minimum wage rate
specified in section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) or another wage level
set by the Commissioner, during such employment; and
(bb) the number who received employment benefits from
an employer during such employment.
(D) Costs and results
The Commissioner shall also require that the designated State
agency include in the reports information on -
(i) the costs under this subchapter of conducting
administration, providing assessment services, counseling and
guidance, and other direct services provided by designated
State agency staff, providing services purchased under
individualized plans for employment, supporting small
business enterprises, establishing, developing, and improving
community rehabilitation programs, providing other services
to groups, and facilitating use of other programs under this
chapter and title I of the Workforce Investment Act of 1998
[29 U.S.C. 2801 et seq.] by eligible individuals; and
(ii) the results of annual evaluation by the State of
program effectiveness under paragraph (15)(E).
(E) Additional information
The Commissioner shall require that each designated State
unit include in the reports additional information related to
the applicants and eligible individuals, obtained either
through a complete count or sampling, including -
(i) information on -
(I) age, gender, race, ethnicity, education, category of
impairment, severity of disability, and whether the
individuals are students with disabilities;
(II) dates of application, determination of eligibility
or ineligibility, initiation of the individualized plan for
employment, and termination of participation in the
program;
(III) earnings at the time of application for the program
and termination of participation in the program;
(IV) work status and occupation;
(V) types of services, including assistive technology
services and assistive technology devices, provided under
the program;
(VI) types of public or private programs or agencies that
furnished services under the program; and
(VII) the reasons for individuals terminating
participation in the program without achieving an
employment outcome; and

(ii) information necessary to determine the success of the
State in meeting -
(I) the State performance measures established under
section 136(b) of the Workforce Investment Act of 1998 [29
U.S.C. 2871(b)], to the extent the measures are applicable
to individuals with disabilities; and
(II) the standards and indicators established pursuant to
section 726 of this title.
(F) Completeness and confidentiality
The State plan shall include an assurance that the
information submitted in the reports will include a complete
count, except as provided in subparagraph (E), of the
applicants and eligible individuals, in a manner permitting the
greatest possible cross-classification of data and that the
identity of each individual for which information is supplied
under this paragraph will be kept confidential.
(11) Cooperation, collaboration, and coordination
(A) Cooperative agreements with other components of statewide
workforce investment systems
The State plan shall provide that the designated State unit
or designated State agency shall enter into a cooperative
agreement with other entities that are components of the
statewide workforce investment system of the State, regarding
the system, which agreement may provide for -
(i) provision of intercomponent staff training and
technical assistance with regard to -
(I) the availability and benefits of, and information on
eligibility standards for, vocational rehabilitation
services; and
(II) the promotion of equal, effective, and meaningful
participation by individuals with disabilities in workforce
investment activities in the State through the promotion of
program accessibility, the use of nondiscriminatory
policies and procedures, and the provision of reasonable
accommodations, auxiliary aids and services, and
rehabilitation technology, for individuals with
disabilities;

(ii) use of information and financial management systems
that link all components of the statewide workforce
investment system, that link the components to other
electronic networks, including nonvisual electronic networks,
and that relate to such subjects as employment statistics,
and information on job vacancies, career planning, and
workforce investment activities;
(iii) use of customer service features such as common
intake and referral procedures, customer databases, resource
information, and human services hotlines;
(iv) establishment of cooperative efforts with employers to
-
(I) facilitate job placement; and
(II) carry out any other activities that the designated
State unit and the employers determine to be appropriate;

(v) identification of staff roles, responsibilities, and
available resources, and specification of the financial
responsibility of each component of the statewide workforce
investment system with regard to paying for necessary
services (consistent with State law and Federal
requirements); and
(vi) specification of procedures for resolving disputes
among such components.
(B) Replication of cooperative agreements
The State plan shall provide for the replication of such
cooperative agreements at the local level between individual
offices of the designated State unit and local entities
carrying out activities through the statewide workforce
investment system.
(C) Interagency cooperation with other agencies
The State plan shall include descriptions of interagency
cooperation with, and utilization of the services and
facilities of, Federal, State, and local agencies and programs,
including programs carried out by the Under Secretary for Rural
Development of the Department of Agriculture and State use
contracting programs, to the extent that such agencies and
programs are not carrying out activities through the statewide
workforce investment system.
(D) Coordination with education officials
The State plan shall contain plans, policies, and procedures
for coordination between the designated State agency and
education officials responsible for the public education of
students with disabilities, that are designed to facilitate the
transition of the students with disabilities from the receipt
of educational services in school to the receipt of vocational
rehabilitation services under this subchapter, including
information on a formal interagency agreement with the State
educational agency that, at a minimum, provides for -
(i) consultation and technical assistance to assist
educational agencies in planning for the transition of
students with disabilities from school to post-school
activities, including vocational rehabilitation services;
(ii) transition planning by personnel of the designated
State agency and educational agency personnel for students
with disabilities that facilitates the development and
completion of their individualized education programs under
section 614(d) of the Individuals with Disabilities Education
Act [20 U.S.C. 1414(d)];
(iii) the roles and responsibilities, including financial
responsibilities, of each agency, including provisions for
determining State lead agencies and qualified personnel
responsible for transition services; and
(iv) procedures for outreach to and identification of
students with disabilities who need the transition services.
(E) Coordination with Statewide Independent Living Councils and
independent living centers
The State plan shall include an assurance that the designated
State unit, the Statewide Independent Living Council
established under section 796d of this title, and the
independent living centers described in subpart 3 (!1) of part
A of subchapter VII of this chapter within the State have
developed working relationships and coordinate their
activities.

(F) Cooperative agreement with recipients of grants for
services to American Indians
In applicable cases, the State plan shall include an
assurance that the State has entered into a formal cooperative
agreement with each grant recipient in the State that receives
funds under part C of this subchapter. The agreement shall
describe strategies for collaboration and coordination in
providing vocational rehabilitation services to American
Indians who are individuals with disabilities, including -
(i) strategies for interagency referral and information
sharing that will assist in eligibility determinations and
the development of individualized plans for employment;
(ii) procedures for ensuring that American Indians who are
individuals with disabilities and are living near a
reservation or tribal service area are provided vocational
rehabilitation services; and
(iii) provisions for sharing resources in cooperative
studies and assessments, joint training activities, and other
collaborative activities designed to improve the provision of
services to American Indians who are individuals with
disabilities.
(12) Residency
The State plan shall include an assurance that the State will
not impose a residence requirement that excludes from services
provided under the plan any individual who is present in the
State.
(13) Services to American Indians
The State plan shall include an assurance that, except as
otherwise provided in part C of this subchapter, the designated
State agency will provide vocational rehabilitation services to
American Indians who are individuals with disabilities residing
in the State to the same extent as the designated State agency
provides such services to other significant populations of
individuals with disabilities residing in the State.
(14) Annual review of individuals in extended employment or other
employment under special certificate provisions of the Fair
Labor Standards Act of 1938
The State plan shall provide for -
(A) an annual review and reevaluation of the status of each
individual with a disability served under this subchapter who
has achieved an employment outcome either in an extended
employment setting in a community rehabilitation program or any
other employment under section 14(c) of the Fair Labor
Standards Act (29 U.S.C. 214(c)) for 2 years after the
achievement of the outcome (and thereafter if requested by the
individual or, if appropriate, the individual's
representative), to determine the interests, priorities, and
needs of the individual with respect to competitive employment
or training for competitive employment;
(B) input into the review and reevaluation, and a signed
acknowledgment that such review and reevaluation have been
conducted, by the individual with a disability, or, if
appropriate, the individual's representative; and
(C) maximum efforts, including the identification and
provision of vocational rehabilitation services, reasonable
accommodations, and other necessary support services, to assist
the individuals described in subparagraph (A) in engaging in
competitive employment.
(15) Annual State goals and reports of progress
(A) Assessments and estimates
The State plan shall -
(i) include the results of a comprehensive, statewide
assessment, jointly conducted by the designated State unit
and the State Rehabilitation Council (if the State has such a
Council) every 3 years, describing the rehabilitation needs
of individuals with disabilities residing within the State,
particularly the vocational rehabilitation services needs of -

(I) individuals with the most significant disabilities,
including their need for supported employment services;
(II) individuals with disabilities who are minorities and
individuals with disabilities who have been unserved or
underserved by the vocational rehabilitation program
carried out under this subchapter; and
(III) individuals with disabilities served through other
components of the statewide workforce investment system
(other than the vocational rehabilitation program), as
identified by such individuals and personnel assisting such
individuals through the components;

(ii) include an assessment of the need to establish,
develop, or improve community rehabilitation programs within
the State; and
(iii) provide that the State shall submit to the
Commissioner a report containing information regarding
updates to the assessments, for any year in which the State
updates the assessments.
(B) Annual estimates
The State plan shall include, and shall provide that the
State shall annually submit a report to the Commissioner that
includes, State estimates of -
(i) the number of individuals in the State who are eligible
for services under this subchapter;
(ii) the number of such individuals who will receive
services provided with funds provided under part B of this
subchapter and under part B of subchapter VI of this chapter,
including, if the designated State agency uses an order of
selection in accordance with paragraph (5), estimates of the
number of individuals to be served under each priority
category within the order; and
(iii) the costs of the services described in clause (i),
including, if the designated State agency uses an order of
selection in accordance with paragraph (5), the service costs
for each priority category within the order.
(C) Goals and priorities
(i) In general
The State plan shall identify the goals and priorities of
the State in carrying out the program. The goals and
priorities shall be jointly developed, agreed to, and
reviewed annually by the designated State unit and the State
Rehabilitation Council, if the State has such a Council. Any
revisions to the goals and priorities shall be jointly agreed
to by the designated State unit and the State Rehabilitation
Council, if the State has such a Council. The State plan
shall provide that the State shall submit to the Commissioner
a report containing information regarding revisions in the
goals and priorities, for any year in which the State revises
the goals and priorities.
(ii) Basis
The State goals and priorities shall be based on an
analysis of -
(I) the comprehensive assessment described in
subparagraph (A), including any updates to the assessment;
(II) the performance of the State on the standards and
indicators established under section 726 of this title; and
(III) other available information on the operation and
the effectiveness of the vocational rehabilitation program
carried out in the State, including any reports received
from the State Rehabilitation Council, under section 725(c)
of this title and the findings and recommendations from
monitoring activities conducted under section 727 of this
title.
(iii) Service and outcome goals for categories in order of
selection
If the designated State agency uses an order of selection
in accordance with paragraph (5), the State shall also
identify in the State plan service and outcome goals and the
time within which these goals may be achieved for individuals
in each priority category within the order.
(D) Strategies
The State plan shall contain a description of the strategies
the State will use to address the needs identified in the
assessment conducted under subparagraph (A) and achieve the
goals and priorities identified in subparagraph (C), including -

(i) the methods to be used to expand and improve services
to individuals with disabilities, including how a broad range
of assistive technology services and assistive technology
devices will be provided to such individuals at each stage of
the rehabilitation process and how such services and devices
will be provided to such individuals on a statewide basis;
(ii) outreach procedures to identify and serve individuals
with disabilities who are minorities and individuals with
disabilities who have been unserved or underserved by the
vocational rehabilitation program;
(iii) where necessary, the plan of the State for
establishing, developing, or improving community
rehabilitation programs;
(iv) strategies to improve the performance of the State
with respect to the evaluation standards and performance
indicators established pursuant to section 726 of this title;
and
(v) strategies for assisting entities carrying out other
components of the statewide workforce investment system
(other than the vocational rehabilitation program) in
assisting individuals with disabilities.
(E) Evaluation and reports of progress
The State plan shall -
(i) include the results of an evaluation of the
effectiveness of the vocational rehabilitation program, and a
joint report by the designated State unit and the State
Rehabilitation Council, if the State has such a Council, to
the Commissioner on the progress made in improving the
effectiveness from the previous year, which evaluation and
report shall include -
(I) an evaluation of the extent to which the goals
identified in subparagraph (C) were achieved;
(II) a description of strategies that contributed to
achieving the goals;
(III) to the extent to which the goals were not achieved,
a description of the factors that impeded that achievement;
and
(IV) an assessment of the performance of the State on the
standards and indicators established pursuant to section
726 of this title; and

(ii) provide that the designated State unit and the State
Rehabilitation Council, if the State has such a Council,
shall jointly submit to the Commissioner an annual report
that contains the information described in clause (i).
(16) Public comment
The State plan shall -
(A) provide that the designated State agency, prior to the
adoption of any policies or procedures governing the provision
of vocational rehabilitation services under the State plan
(including making any amendment to such policies and
procedures), shall conduct public meetings throughout the
State, after providing adequate notice of the meetings, to
provide the public, including individuals with disabilities, an
opportunity to comment on the policies or procedures, and
actively consult with the Director of the client assistance
program carried out under section 732 of this title, and, as
appropriate, Indian tribes, tribal organizations, and Native
Hawaiian organizations on the policies or procedures; and
(B) provide that the designated State agency (or each
designated State agency if two agencies are designated) and any
sole agency administering the plan in a political subdivision
of the State, shall take into account, in connection with
matters of general policy arising in the administration of the
plan, the views of -
(i) individuals and groups of individuals who are
recipients of vocational rehabilitation services, or in
appropriate cases, the individuals' representatives;
(ii) personnel working in programs that provide vocational
rehabilitation services to individuals with disabilities;
(iii) providers of vocational rehabilitation services to
individuals with disabilities;
(iv) the director of the client assistance program; and
(v) the State Rehabilitation Council, if the State has such
a Council.
(17) Use of funds for construction of facilities
The State plan shall provide that if, under special
circumstances, the State plan includes provisions for the
construction of facilities for community rehabilitation programs -

(A) the Federal share of the cost of construction for the
facilities for a fiscal year will not exceed an amount equal to
10 percent of the State's allotment under section 730 of this
title for such year;
(B) the provisions of section 776 of this title (as in effect
on the day before August 7, 1998) shall be applicable to such
construction and such provisions shall be deemed to apply to
such construction; and
(C) there shall be compliance with regulations the
Commissioner shall prescribe designed to assure that no State
will reduce its efforts in providing other vocational
rehabilitation services (other than for the establishment of
facilities for community rehabilitation programs) because the
plan includes such provisions for construction.
(18) Innovation and expansion activities
The State plan shall -
(A) include an assurance that the State will reserve and use
a portion of the funds allotted to the State under section 730
of this title -
(i) for the development and implementation of innovative
approaches to expand and improve the provision of vocational
rehabilitation services to individuals with disabilities
under this subchapter, particularly individuals with the most
significant disabilities, consistent with the findings of the
statewide assessment and goals and priorities of the State as
described in paragraph (15); and
(ii) to support the funding of -
(I) the State Rehabilitation Council, if the State has
such a Council, consistent with the plan prepared under
section 725(d)(1) of this title; and
(II) the Statewide Independent Living Council, consistent
with the plan prepared under section 796d(e)(1) of this
title;

(B) include a description of how the reserved funds will be
utilized; and
(C) provide that the State shall submit to the Commissioner
an annual report containing a description of how the reserved
funds were utilized during the preceding year.
(19) Choice
The State plan shall include an assurance that applicants and
eligible individuals or, as appropriate, the applicants'
representatives or individuals' representatives, will be provided
information and support services to assist the applicants and
individuals in exercising informed choice throughout the
rehabilitation process, consistent with the provisions of section
722(d) of this title.
(20) Information and referral services
(A) In general
The State plan shall include an assurance that the designated
State agency will implement an information and referral system
adequate to ensure that individuals with disabilities will be
provided accurate vocational rehabilitation information and
guidance, using appropriate modes of communication, to assist
such individuals in preparing for, securing, retaining, or
regaining employment, and will be appropriately referred to
Federal and State programs (other than the vocational
rehabilitation program carried out under this subchapter),
including other components of the statewide workforce
investment system in the State.
(B) Referrals
An appropriate referral made through the system shall -
(i) be to the Federal or State programs, including programs
carried out by other components of the statewide workforce
investment system in the State, best suited to address the
specific employment needs of an individual with a disability;
and
(ii) include, for each of these programs, provision to the
individual of -
(I) a notice of the referral by the designated State
agency to the agency carrying out the program;
(II) information identifying a specific point of contact
within the agency carrying out the program; and
(III) information and advice regarding the most suitable
services to assist the individual to prepare for, secure,
retain, or regain employment.
(21) State independent consumer-controlled commission; State
Rehabilitation Council
(A) Commission or Council
The State plan shall provide that either -
(i) the designated State agency is an independent
commission that -
(I) is responsible under State law for operating, or
overseeing the operation of, the vocational rehabilitation
program in the State;
(II) is consumer-controlled by persons who -
(aa) are individuals with physical or mental
impairments that substantially limit major life
activities; and
(bb) represent individuals with a broad range of
disabilities, unless the designated State unit under the
direction of the commission is the State agency for
individuals who are blind;

(III) includes family members, advocates, or other
representatives, of individuals with mental impairments;
and
(IV) undertakes the functions set forth in section
725(c)(4) of this title; or

(ii) the State has established a State Rehabilitation
Council that meets the criteria set forth in section 725 of
this title and the designated State unit -
(I) in accordance with paragraph (15), jointly develops,
agrees to, and reviews annually State goals and priorities,
and jointly submits annual reports of progress with the
Council;
(II) regularly consults with the Council regarding the
development, implementation, and revision of State policies
and procedures of general applicability pertaining to the
provision of vocational rehabilitation services;
(III) includes in the State plan and in any revision to
the State plan, a summary of input provided by the Council,
including recommendations from the annual report of the
Council described in section 725(c)(5) of this title, the
review and analysis of consumer satisfaction described in
section 725(c)(4) of this title, and other reports prepared
by the Council, and the response of the designated State
unit to such input and recommendations, including
explanations for rejecting any input or recommendation; and
(IV) transmits to the Council -
(aa) all plans, reports, and other information required
under this subchapter to be submitted to the Secretary;
(bb) all policies, and information on all practices and
procedures, of general applicability provided to or used
by rehabilitation personnel in carrying out this
subchapter; and
(cc) copies of due process hearing decisions issued
under this subchapter, which shall be transmitted in such
a manner as to ensure that the identity of the
participants in the hearings is kept confidential.
(B) More than one designated State agency
In the case of a State that, under subsection (a)(2) of this
section, designates a State agency to administer the part of
the State plan under which vocational rehabilitation services
are provided for individuals who are blind (or to supervise the
administration of such part by a local agency) and designates a
separate State agency to administer the rest of the State plan,
the State shall either establish a State Rehabilitation Council
for each of the two agencies that does not meet the
requirements in subparagraph (A)(i), or establish one State
Rehabilitation Council for both agencies if neither agency
meets the requirements of subparagraph (A)(i).
(22) Supported employment State plan supplement
The State plan shall include an assurance that the State has an
acceptable plan for carrying out part B of subchapter VI of this
chapter, including the use of funds under that part to supplement
funds made available under part B of this subchapter to pay for
the cost of services leading to supported employment.
(23) Annual updates
The plan shall include an assurance that the State will submit
to the Commissioner reports containing annual updates of the
information required under paragraph (7) (relating to a
comprehensive system of personnel development) and any other
updates of the information required under this section that are
requested by the Commissioner, and annual reports as provided in
paragraphs (15) (relating to assessments, estimates, goals and
priorities, and reports of progress) and (18) (relating to
innovation and expansion), at such time and in such manner as the
Secretary may determine to be appropriate.
(24) Certain contracts and cooperative agreements
(A) Contracts with for-profit organizations
The State plan shall provide that the designated State agency
has the authority to enter into contracts with for-profit
organizations for the purpose of providing, as vocational
rehabilitation services, on-the-job training and related
programs for individuals with disabilities under part A of
subchapter VI of this chapter, upon a determination by such
agency that such for-profit organizations are better qualified
to provide such rehabilitation services than nonprofit agencies
and organizations.
(B) Cooperative agreements with private nonprofit organizations
The State plan shall describe the manner in which cooperative
agreements with private nonprofit vocational rehabilitation
service providers will be established.
(b) Approval; disapproval of the State plan
(1) Approval
The Commissioner shall approve any plan that the Commissioner
finds fulfills the conditions specified in this section, and
shall disapprove any plan that does not fulfill such conditions.
(2) Disapproval
Prior to disapproval of the State plan, the Commissioner shall
notify the State of the intention to disapprove the plan and
shall afford the State reasonable notice and opportunity for a
hearing.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 101, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1119; amended Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 402(c)(4)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-415; Pub. L. 108-446, title III,
Sec. 305(h)(1), Dec. 3, 2004, 118 Stat. 2805.)

-REFTEXT-
REFERENCES IN TEXT
The Architectural Barriers Act of 1968, referred to in subsec.
(a)(6)(C), is Pub. L. 90-480, Aug. 12, 1968, 82 Stat. 718, as
amended, which is classified generally to chapter 51 (Sec. 4151 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 4151 of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in
subsec. (a)(6)(C), is Pub. L. 101-336, July 26, 1990, 104 Stat.
327, as amended, which is classified principally to chapter 126
(Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see Short
Title note set out under section 12101 of Title 42 and Tables.
The Individuals with Disabilities Education Act, referred to in
subsec. (a)(7)(A)(ii), is title VI of Pub. L. 91-230, Apr. 13,
1970, 84 Stat. 175, as amended, which is classified generally to
chapter 33 (Sec. 1400 et seq.) of Title 20, Education. For complete
classification of this Act to the Code, see section 1400 of Title
20 and Tables.
The Rehabilitation Act Amendments of 1998, referred to in subsec.
(a)(7)(A)(v)(II), is title IV of Pub. L. 105-220, Aug. 7, 1998, 112
Stat. 1092. For complete classification of this Act to the Code,
see Short Title of 1998 Amendment note set out under section 701 of
this title and Tables.
The Workforce Investment Act of 1998, referred to in subsec.
(a)(10)(D)(i), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
amended. Title I of the Act is classified principally to chapter 30
(Sec. 2801 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
9201 of Title 20, Education, and Tables.
Subpart 3 of part A of subchapter VII of this chapter, referred
to in subsec. (a)(11)(E), was in the original a reference to "part
C of title VII", meaning part C of title VII of the Rehabilitation
Act of 1973, and was translated as if it referred to part C of
chapter I of title VII of the Act to reflect the probable intent of
Congress.

-MISC1-
PRIOR PROVISIONS
A prior section 721, Pub. L. 93-112, title I, Sec. 101, Sept. 26,
1973, 87 Stat. 363; Pub. L. 93-516, title I, Sec. 111(b)-(d), Dec.
7, 1974, 88 Stat. 1619, 1620; Pub. L. 93-651, title I, Sec. 111(b)-
(d), Nov. 21, 1974, 89 Stat. 2-5; Pub. L. 95-602, title I, Secs.
102, 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 98-221,
title I, Sec. 104(a)(2), Feb. 22, 1984, 98 Stat. 18; Pub. L. 98-
524, Sec. 4(f), Oct. 19, 1984, 98 Stat. 2489; Pub. L. 99-506,
title I, Sec. 103(d)(2), title II, Sec. 202, title X, Sec.
1001(b)(1)-(4), Oct. 21, 1986, 100 Stat. 1810, 1814, 1841, 1842;
Pub. L. 100-630, title II, Sec. 202(b), Nov. 7, 1988, 102 Stat.
3304; Pub. L. 102-54, Sec. 13(k)(1)(A), June 13, 1991, 105 Stat.
276; Pub. L. 102-119, Sec. 26(e), Oct. 7, 1991, 105 Stat. 607; Pub.
L. 102-569, title I, Secs. 102(o), (p)(7), 122, Oct. 29, 1992, 106
Stat. 4355, 4356, 4367; Pub. L. 103-73, title I, Secs. 102(2),
107(a), Aug. 11, 1993, 107 Stat. 718, 719; Pub. L. 104-106, div. D,
title XLIII, Sec. 4321(i)(7), Feb. 10, 1996, 110 Stat. 676, related
to State plans, prior to the general amendment of this subchapter
by Pub. L. 105-220.

AMENDMENTS
2004 - Subsec. (a)(11)(D)(ii). Pub. L. 108-446 struck out "(as
added by section 101 of Public Law 105-17)" before semicolon at
end.
1998 - Subsec. (a)(18)(C). Pub. L. 105-277, Sec. 101(f) [title
VIII, Sec. 402(c)(4)(A)], substituted "were utilized during the
preceding year" for "will be utilized".
Subsec. (a)(21)(A)(i)(II)(bb). Pub. L. 105-277, Sec. 101(f)
[title VIII, Sec. 402(c)(4)(B)], substituted "commission" for
"Commission".

-FOOTNOTE-
(!1) See References in Text note below.

-End-

-CITE-
29 USC Sec. 722 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 722. Eligibility and individualized plan for employment

-STATUTE-
(a) Eligibility
(1) Criterion for eligibility
An individual is eligible for assistance under this subchapter
if the individual -
(A) is an individual with a disability under section
705(20)(A) of this title; and
(B) requires vocational rehabilitation services to prepare
for, secure, retain, or regain employment.
(2) Presumption of benefit
(A) Demonstration
For purposes of this section, an individual shall be presumed
to be an individual that can benefit in terms of an employment
outcome from vocational rehabilitation services under section
705(20)(A) of this title, unless the designated State unit
involved can demonstrate by clear and convincing evidence that
such individual is incapable of benefiting in terms of an
employment outcome from vocational rehabilitation services due
to the severity of the disability of the individual.
(B) Methods
In making the demonstration required under subparagraph (A),
the designated State unit shall explore the individual's
abilities, capabilities, and capacity to perform in work
situations, through the use of trial work experiences, as
described in section 705(2)(D) of this title, with appropriate
supports provided through the designated State unit, except
under limited circumstances when an individual cannot take
advantage of such experiences. Such experiences shall be of
sufficient variety and over a sufficient period of time to
determine the eligibility of the individual or to determine the
existence of clear and convincing evidence that the individual
is incapable of benefiting in terms of an employment outcome
from vocational rehabilitation services due to the severity of
the disability of the individual.
(3) Presumption of eligibility
(A) In general
For purposes of this section, an individual who has a
disability or is blind as determined pursuant to title II or
title XVI of the Social Security Act (42 U.S.C. 401 et seq. and
1381 et seq.) shall be -
(i) considered to be an individual with a significant
disability under section 705(21)(A) of this title; and
(ii) presumed to be eligible for vocational rehabilitation
services under this subchapter (provided that the individual
intends to achieve an employment outcome consistent with the
unique strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the
individual) unless the designated State unit involved can
demonstrate by clear and convincing evidence that such
individual is incapable of benefiting in terms of an
employment outcome from vocational rehabilitation services
due to the severity of the disability of the individual in
accordance with paragraph (2).
(B) Construction
Nothing in this paragraph shall be construed to create an
entitlement to any vocational rehabilitation service.
(4) Use of existing information
(A) In general
To the maximum extent appropriate and consistent with the
requirements of this part, for purposes of determining the
eligibility of an individual for vocational rehabilitation
services under this subchapter and developing the
individualized plan for employment described in subsection (b)
of this section for the individual, the designated State unit
shall use information that is existing and current (as of the
date of the determination of eligibility or of the development
of the individualized plan for employment), including
information available from other programs and providers,
particularly information used by education officials and the
Social Security Administration, information provided by the
individual and the family of the individual, and information
obtained under the assessment for determining eligibility and
vocational rehabilitation needs.
(B) Determinations by officials of other agencies
Determinations made by officials of other agencies,
particularly education officials described in section
721(a)(11)(D) of this title, regarding whether an individual
satisfies one or more factors relating to whether an individual
is an individual with a disability under section 705(20)(A) of
this title or an individual with a significant disability under
section 705(21)(A) of this title shall be used, to the extent
appropriate and consistent with the requirements of this part,
in assisting the designated State unit in making such
determinations.
(C) Basis
The determination of eligibility for vocational
rehabilitation services shall be based on -
(i) the review of existing data described in section
705(2)(A)(i) of this title; and
(ii) to the extent that such data is unavailable or
insufficient for determining eligibility, the provision of
assessment activities described in section 705(2)(A)(ii) of
this title.
(5) Determination of ineligibility
If an individual who applies for services under this subchapter
is determined, based on the review of existing data and, to the
extent necessary, the assessment activities described in section
705(2)(A)(ii) of this title, not to be eligible for the services,
or if an eligible individual receiving services under an
individualized plan for employment is determined to be no longer
eligible for the services -
(A) the ineligibility determination involved shall be made
only after providing an opportunity for full consultation with
the individual or, as appropriate, the individual's
representative;
(B) the individual or, as appropriate, the individual's
representative, shall be informed in writing (supplemented as
necessary by other appropriate modes of communication
consistent with the informed choice of the individual) of the
ineligibility determination, including -
(i) the reasons for the determination; and
(ii) a description of the means by which the individual may
express, and seek a remedy for, any dissatisfaction with the
determination, including the procedures for review by an
impartial hearing officer under subsection (c) of this
section;

(C) the individual shall be provided with a description of
services available from the client assistance program under
section 732 of this title and information on how to contact
that program; and
(D) any ineligibility determination that is based on a
finding that the individual is incapable of benefiting in terms
of an employment outcome shall be reviewed -
(i) within 12 months; and
(ii) thereafter, if such a review is requested by the
individual or, if appropriate, by the individual's
representative.
(6) Timeframe for making an eligibility determination
The designated State unit shall determine whether an individual
is eligible for vocational rehabilitation services under this
subchapter within a reasonable period of time, not to exceed 60
days, after the individual has submitted an application for the
services unless -
(A) exceptional and unforeseen circumstances beyond the
control of the designated State unit preclude making an
eligibility determination within 60 days and the designated
State unit and the individual agree to a specific extension of
time; or
(B) the designated State unit is exploring an individual's
abilities, capabilities, and capacity to perform in work
situations under paragraph (2)(B).
(b) Development of an individualized plan for employment
(1) Options for developing an individualized plan for employment
If an individual is determined to be eligible for vocational
rehabilitation services as described in subsection (a) of this
section, the designated State unit shall complete the assessment
for determining eligibility and vocational rehabilitation needs,
as appropriate, and shall provide the eligible individual or the
individual's representative, in writing and in an appropriate
mode of communication, with information on the individual's
options for developing an individualized plan for employment,
including -
(A) information on the availability of assistance, to the
extent determined to be appropriate by the eligible individual,
from a qualified vocational rehabilitation counselor in
developing all or part of the individualized plan for
employment for the individual, and the availability of
technical assistance in developing all or part of the
individualized plan for employment for the individual;
(B) a description of the full range of components that shall
be included in an individualized plan for employment;
(C) as appropriate -
(i) an explanation of agency guidelines and criteria
associated with financial commitments concerning an
individualized plan for employment;
(ii) additional information the eligible individual
requests or the designated State unit determines to be
necessary; and
(iii) information on the availability of assistance in
completing designated State agency forms required in
developing an individualized plan for employment; and

(D)(i) a description of the rights and remedies available to
such an individual including, if appropriate, recourse to the
processes set forth in subsection (c) of this section; and
(ii) a description of the availability of a client assistance
program established pursuant to section 732 of this title and
information about how to contact the client assistance program.
(2) Mandatory procedures
(A) Written document
An individualized plan for employment shall be a written
document prepared on forms provided by the designated State
unit.
(B) Informed choice
An individualized plan for employment shall be developed and
implemented in a manner that affords eligible individuals the
opportunity to exercise informed choice in selecting an
employment outcome, the specific vocational rehabilitation
services to be provided under the plan, the entity that will
provide the vocational rehabilitation services, and the methods
used to procure the services, consistent with subsection (d) of
this section.
(C) Signatories
An individualized plan for employment shall be -
(i) agreed to, and signed by, such eligible individual or,
as appropriate, the individual's representative; and
(ii) approved and signed by a qualified vocational
rehabilitation counselor employed by the designated State
unit.
(D) Copy
A copy of the individualized plan for employment for an
eligible individual shall be provided to the individual or, as
appropriate, to the individual's representative, in writing
and, if appropriate, in the native language or mode of
communication of the individual or, as appropriate, of the
individual's representative.
(E) Review and amendment
The individualized plan for employment shall be -
(i) reviewed at least annually by -
(I) a qualified vocational rehabilitation counselor; and
(II) the eligible individual or, as appropriate, the
individual's representative; and

(ii) amended, as necessary, by the individual or, as
appropriate, the individual's representative, in
collaboration with a representative of the designated State
agency or a qualified vocational rehabilitation counselor (to
the extent determined to be appropriate by the individual),
if there are substantive changes in the employment outcome,
the vocational rehabilitation services to be provided, or the
service providers of the services (which amendments shall not
take effect until agreed to and signed by the eligible
individual or, as appropriate, the individual's
representative, and by a qualified vocational rehabilitation
counselor employed by the designated State unit).
(3) Mandatory components of an individualized plan for employment
Regardless of the approach selected by an eligible individual
to develop an individualized plan for employment, an
individualized plan for employment shall, at a minimum, contain
mandatory components consisting of -
(A) a description of the specific employment outcome that is
chosen by the eligible individual, consistent with the unique
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the eligible
individual, and, to the maximum extent appropriate, results in
employment in an integrated setting;
(B)(i) a description of the specific vocational
rehabilitation services that are -
(I) needed to achieve the employment outcome, including, as
appropriate, the provision of assistive technology devices
and assistive technology services, and personal assistance
services, including training in the management of such
services; and
(II) provided in the most integrated setting that is
appropriate for the service involved and is consistent with
the informed choice of the eligible individual; and

(ii) timelines for the achievement of the employment outcome
and for the initiation of the services;
(C) a description of the entity chosen by the eligible
individual or, as appropriate, the individual's representative,
that will provide the vocational rehabilitation services, and
the methods used to procure such services;
(D) a description of criteria to evaluate progress toward
achievement of the employment outcome;
(E) the terms and conditions of the individualized plan for
employment, including, as appropriate, information describing -

(i) the responsibilities of the designated State unit;
(ii) the responsibilities of the eligible individual,
including -
(I) the responsibilities the eligible individual will
assume in relation to the employment outcome of the
individual;
(II) if applicable, the participation of the eligible
individual in paying for the costs of the plan; and
(III) the responsibility of the eligible individual with
regard to applying for and securing comparable benefits as
described in section 721(a)(8) of this title; and

(iii) the responsibilities of other entities as the result
of arrangements made pursuant to comparable services or
benefits requirements as described in section 721(a)(8) of
this title;

(F) for an eligible individual with the most significant
disabilities for whom an employment outcome in a supported
employment setting has been determined to be appropriate,
information identifying -
(i) the extended services needed by the eligible
individual; and
(ii) the source of extended services or, to the extent that
the source of the extended services cannot be identified at
the time of the development of the individualized plan for
employment, a description of the basis for concluding that
there is a reasonable expectation that such source will
become available; and

(G) as determined to be necessary, a statement of projected
need for post-employment services.
(c) Procedures
(1) In general
Each State shall establish procedures for mediation of, and
procedures for review through an impartial due process hearing
of, determinations made by personnel of the designated State unit
that affect the provision of vocational rehabilitation services
to applicants or eligible individuals.
(2) Notification
(A) Rights and assistance
The procedures shall provide that an applicant or an eligible
individual or, as appropriate, the applicant's representative
or individual's representative shall be notified of -
(i) the right to obtain review of determinations described
in paragraph (1) in an impartial due process hearing under
paragraph (5);
(ii) the right to pursue mediation with respect to the
determinations under paragraph (4); and
(iii) the availability of assistance from the client
assistance program under section 732 of this title.
(B) Timing
Such notification shall be provided in writing -
(i) at the time an individual applies for vocational
rehabilitation services provided under this subchapter;
(ii) at the time the individualized plan for employment for
the individual is developed; and
(iii) upon reduction, suspension, or cessation of
vocational rehabilitation services for the individual.
(3) Evidence and representation
The procedures required under this subsection shall, at a
minimum -
(A) provide an opportunity for an applicant or an eligible
individual, or, as appropriate, the applicant's representative
or individual's representative, to submit at the mediation
session or hearing evidence and information to support the
position of the applicant or eligible individual; and
(B) include provisions to allow an applicant or an eligible
individual to be represented in the mediation session or
hearing by a person selected by the applicant or eligible
individual.
(4) Mediation
(A) Procedures
Each State shall ensure that procedures are established and
implemented under this subsection to allow parties described in
paragraph (1) to disputes involving any determination described
in paragraph (1) to resolve such disputes through a mediation
process that, at a minimum, shall be available whenever a
hearing is requested under this subsection.
(B) Requirements
Such procedures shall ensure that the mediation process -
(i) is voluntary on the part of the parties;
(ii) is not used to deny or delay the right of an
individual to a hearing under this subsection, or to deny any
other right afforded under this subchapter; and
(iii) is conducted by a qualified and impartial mediator
who is trained in effective mediation techniques.
(C) List of mediators
The State shall maintain a list of individuals who are
qualified mediators and knowledgeable in laws (including
regulations) relating to the provision of vocational
rehabilitation services under this subchapter, from which the
mediators described in subparagraph (B) shall be selected.
(D) Cost
The State shall bear the cost of the mediation process.
(E) Scheduling
Each session in the mediation process shall be scheduled in a
timely manner and shall be held in a location that is
convenient to the parties to the dispute.
(F) Agreement
An agreement reached by the parties to the dispute in the
mediation process shall be set forth in a written mediation
agreement.
(G) Confidentiality
Discussions that occur during the mediation process shall be
confidential and may not be used as evidence in any subsequent
due process hearing or civil proceeding. The parties to the
mediation process may be required to sign a confidentiality
pledge prior to the commencement of such process.
(H) Construction
Nothing in this subsection shall be construed to preclude the
parties to such a dispute from informally resolving the dispute
prior to proceedings under this paragraph or paragraph (5), if
the informal process used is not used to deny or delay the
right of the applicant or eligible individual to a hearing
under this subsection or to deny any other right afforded under
this subchapter.
(5) Hearings
(A) Officer
A due process hearing described in paragraph (2) shall be
conducted by an impartial hearing officer who shall issue a
decision based on the provisions of the approved State plan,
this chapter (including regulations implementing this chapter),
and State regulations and policies that are consistent with the
Federal requirements specified in this subchapter. The officer
shall provide the decision in writing to the applicant or
eligible individual, or, as appropriate, the applicant's
representative or individual's representative, and to the
designated State unit.
(B) List
The designated State unit shall maintain a list of qualified
impartial hearing officers who are knowledgeable in laws
(including regulations) relating to the provision of vocational
rehabilitation services under this subchapter from which the
officer described in subparagraph (A) shall be selected. For
the purposes of maintaining such list, impartial hearing
officers shall be identified jointly by -
(i) the designated State unit; and
(ii) members of the Council or commission, as appropriate,
described in section 721(a)(21) of this title.
(C) Selection
Such an impartial hearing officer shall be selected to hear a
particular case relating to a determination -
(i) on a random basis; or
(ii) by agreement between -
(I) the Director of the designated State unit and the
individual with a disability; or
(II) in appropriate cases, the Director and the
individual's representative.
(D) Procedures for seeking review
A State may establish procedures to enable a party involved
in a hearing under this paragraph to seek an impartial review
of the decision of the hearing officer under subparagraph (A)
by -
(i) the chief official of the designated State agency if
the State has established both a designated State agency and
a designated State unit under section 721(a)(2) of this
title; or
(ii) an official from the office of the Governor.
(E) Review request
If the State establishes impartial review procedures under
subparagraph (D), either party may request the review of the
decision of the hearing officer within 20 days after the
decision.
(F) Reviewing official
The reviewing official described in subparagraph (D) shall -
(i) in conducting the review, provide an opportunity for
the submission of additional evidence and information
relevant to a final decision concerning the matter under
review;
(ii) not overturn or modify the decision of the hearing
officer, or part of the decision, that supports the position
of the applicant or eligible individual unless the reviewing
official concludes, based on clear and convincing evidence,
that the decision of the impartial hearing officer is clearly
erroneous on the basis of being contrary to the approved
State plan, this chapter (including regulations implementing
this chapter) or any State regulation or policy that is
consistent with the Federal requirements specified in this
subchapter;
(iii) make a final decision with respect to the matter in a
timely manner and provide such decision in writing to the
applicant or eligible individual, or, as appropriate, the
applicant's representative or individual's representative,
and to the designated State unit, including a full report of
the findings and the grounds for such decision; and
(iv) not delegate the responsibility for making the final
decision to any officer or employee of the designated State
unit.
(G) Finality of hearing decision
A decision made after a hearing under subparagraph (A) shall
be final, except that a party may request an impartial review
if the State has established procedures for such review under
subparagraph (D) and a party involved in a hearing may bring a
civil action under subparagraph (J).
(H) Finality of review
A decision made under subparagraph (F) shall be final unless
such a party brings a civil action under subparagraph (J).
(I) Implementation
If a party brings a civil action under subparagraph (J) to
challenge a final decision of a hearing officer under
subparagraph (A) or to challenge a final decision of a State
reviewing official under subparagraph (F), the final decision
involved shall be implemented pending review by the court.
(J) Civil action
(i) In general
Any party aggrieved by a final decision described in
subparagraph (I), may bring a civil action for review of such
decision. The action may be brought in any State court of
competent jurisdiction or in a district court of the United
States of competent jurisdiction without regard to the amount
in controversy.
(ii) Procedure
In any action brought under this subparagraph, the court -
(I) shall receive the records relating to the hearing
under subparagraph (A) and the records relating to the
State review under subparagraphs (D) through (F), if
applicable;
(II) shall hear additional evidence at the request of a
party to the action; and
(III) basing the decision of the court on the
preponderance of the evidence, shall grant such relief as
the court determines to be appropriate.
(6) Hearing board
(A) In general
A fair hearing board, established by a State before January
1, 1985, and authorized under State law to review
determinations or decisions under this chapter, is authorized
to carry out the responsibilities of the impartial hearing
officer under this subsection.
(B) Application
The provisions of paragraphs (1), (2), and (3) that relate to
due process hearings do not apply, and paragraph (5) (other
than subparagraph (J)) does not apply, to any State to which
subparagraph (A) applies.
(7) Impact on provision of services
Unless the individual with a disability so requests, or, in an
appropriate case, the individual's representative, so requests,
pending a decision by a mediator, hearing officer, or reviewing
officer under this subsection, the designated State unit shall
not institute a suspension, reduction, or termination of services
being provided for the individual, including evaluation and
assessment services and plan development, unless such services
have been obtained through misrepresentation, fraud, collusion,
or criminal conduct on the part of the individual, or the
individual's representative.
(8) Information collection and report
(A) In general
The Director of the designated State unit shall collect
information described in subparagraph (B) and prepare and
submit to the Commissioner a report containing such
information. The Commissioner shall prepare a summary of the
information furnished under this paragraph and include the
summary in the annual report submitted under section 710 of
this title. The Commissioner shall also collect copies of the
final decisions of impartial hearing officers conducting
hearings under this subsection and State officials conducting
reviews under this subsection.
(B) Information
The information required to be collected under this
subsection includes -
(i) a copy of the standards used by State reviewing
officials for reviewing decisions made by impartial hearing
officers under this subsection;
(ii) information on the number of hearings and reviews
sought from the impartial hearing officers and the State
reviewing officials, including the type of complaints and the
issues involved;
(iii) information on the number of hearing decisions made
under this subsection that were not reviewed by the State
reviewing officials; and
(iv) information on the number of the hearing decisions
that were reviewed by the State reviewing officials, and,
based on such reviews, the number of hearing decisions that
were -
(I) sustained in favor of an applicant or eligible
individual;
(II) sustained in favor of the designated State unit;
(III) reversed in whole or in part in favor of the
applicant or eligible individual; and
(IV) reversed in whole or in part in favor of the
designated State unit.
(C) Confidentiality
The confidentiality of records of applicants and eligible
individuals maintained by the designated State unit shall not
preclude the access of the Commissioner to those records for
the purposes described in subparagraph (A).
(d) Policies and procedures
Each designated State agency, in consultation with the State
Rehabilitation Council, if the State has such a council, shall,
consistent with section 720(a)(3)(C) of this title, develop and
implement written policies and procedures that enable each
individual who is an applicant for or eligible to receive
vocational rehabilitation services under this subchapter to
exercise informed choice throughout the vocational rehabilitation
process carried out under this subchapter, including policies and
procedures that require the designated State agency -
(1) to inform each such applicant and eligible individual
(including students with disabilities who are making the
transition from programs under the responsibility of an
educational agency to programs under the responsibility of the
designated State unit), through appropriate modes of
communication, about the availability of, and opportunities to
exercise, informed choice, including the availability of support
services for individuals with cognitive or other disabilities who
require assistance in exercising informed choice, throughout the
vocational rehabilitation process;
(2) to assist applicants and eligible individuals in exercising
informed choice in decisions related to the provision of
assessment services under this subchapter;
(3) to develop and implement flexible procurement policies and
methods that facilitate the provision of services, and that
afford eligible individuals meaningful choices among the methods
used to procure services, under this subchapter;
(4) to provide or assist eligible individuals in acquiring
information that enables those individuals to exercise informed
choice under this subchapter in the selection of -
(A) the employment outcome;
(B) the specific vocational rehabilitation services needed to
achieve the employment outcome;
(C) the entity that will provide the services;
(D) the employment setting and the settings in which the
services will be provided; and
(E) the methods available for procuring the services; and

(5) to ensure that the availability and scope of informed
choice provided under this section is consistent with the
obligations of the designated State agency under this subchapter.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 102, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1138; amended Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 402(c)(5)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-415.)

-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (a)(3)(A), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI
of the Act are classified generally to subchapters II (Sec. 401 et
seq.) and XVI (Sec. 1381 et seq.), respectively, of chapter 7 of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.

-MISC1-
PRIOR PROVISIONS
A prior section 722, Pub. L. 93-112, title I, Sec. 102, Sept. 26,
1973, 87 Stat. 368; Pub. L. 93-516, title I, Sec. 111(e), Dec. 7,
1974, 88 Stat. 1620; Pub. L. 93-651, title I, Sec. 111(e), Nov. 21,
1974, 89 Stat. 2-5; Pub. L. 95-602, title I, Secs. 103, 122(b)(1),
Nov. 6, 1978, 92 Stat. 2959, 2987; Pub. L. 98-221, title I, Secs.
104(a)(3), 112, Feb. 22, 1984, 98 Stat. 18, 20; Pub. L. 99-506,
title I, Sec. 103(d)(2)(A), (B), title II, Sec. 203, title X, Sec.
1001(b)(5), Oct. 21, 1986, 100 Stat. 1810, 1815, 1842; Pub. L. 100-
630, title II, Sec. 202(c), Nov. 7, 1988, 102 Stat. 3305; Pub. L.
102-569, title I, Secs. 102(p)(8), 123, Oct. 29, 1992, 106 Stat.
4357, 4375; Pub. L. 103-73, title I, Sec. 107(b), Aug. 11, 1993,
107 Stat. 720, related to individualized written rehabilitation
program, prior to the general amendment of this subchapter by Pub.
L. 105-220.

AMENDMENTS
1998 - Subsec. (c)(5)(F)(iv). Pub. L. 105-277 added cl. (iv).

-End-

-CITE-
29 USC Sec. 723 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 723. Vocational rehabilitation services

-STATUTE-
(a) Vocational rehabilitation services for individuals
Vocational rehabilitation services provided under this subchapter
are any services described in an individualized plan for employment
necessary to assist an individual with a disability in preparing
for, securing, retaining, or regaining an employment outcome that
is consistent with the strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice of the
individual, including -
(1) an assessment for determining eligibility and vocational
rehabilitation needs by qualified personnel, including, if
appropriate, an assessment by personnel skilled in rehabilitation
technology;
(2) counseling and guidance, including information and support
services to assist an individual in exercising informed choice
consistent with the provisions of section 722(d) of this title;
(3) referral and other services to secure needed services from
other agencies through agreements developed under section
721(a)(11) of this title, if such services are not available
under this subchapter;
(4) job-related services, including job search and placement
assistance, job retention services, followup services, and follow-
along services;
(5) vocational and other training services, including the
provision of personal and vocational adjustment services, books,
tools, and other training materials, except that no training
services provided at an institution of higher education shall be
paid for with funds under this subchapter unless maximum efforts
have been made by the designated State unit and the individual to
secure grant assistance, in whole or in part, from other sources
to pay for such training;
(6) to the extent that financial support is not readily
available from a source (such as through health insurance of the
individual or through comparable services and benefits consistent
with section 721(a)(8)(A) of this title), other than the
designated State unit, diagnosis and treatment of physical and
mental impairments, including -
(A) corrective surgery or therapeutic treatment necessary to
correct or substantially modify a physical or mental condition
that constitutes a substantial impediment to employment, but is
of such a nature that such correction or modification may
reasonably be expected to eliminate or reduce such impediment
to employment within a reasonable length of time;
(B) necessary hospitalization in connection with surgery or
treatment;
(C) prosthetic and orthotic devices;
(D) eyeglasses and visual services as prescribed by qualified
personnel who meet State licensure laws and who are selected by
the individual;
(E) special services (including transplantation and
dialysis), artificial kidneys, and supplies necessary for the
treatment of individuals with end-stage renal disease; and
(F) diagnosis and treatment for mental and emotional
disorders by qualified personnel who meet State licensure laws;

(7) maintenance for additional costs incurred while
participating in an assessment for determining eligibility and
vocational rehabilitation needs or while receiving services under
an individualized plan for employment;
(8) transportation, including adequate training in the use of
public transportation vehicles and systems, that is provided in
connection with the provision of any other service described in
this section and needed by the individual to achieve an
employment outcome;
(9) on-the-job or other related personal assistance services
provided while an individual is receiving other services
described in this section;
(10) interpreter services provided by qualified personnel for
individuals who are deaf or hard of hearing, and reader services
for individuals who are determined to be blind, after an
examination by qualified personnel who meet State licensure laws;
(11) rehabilitation teaching services, and orientation and
mobility services, for individuals who are blind;
(12) occupational licenses, tools, equipment, and initial
stocks and supplies;
(13) technical assistance and other consultation services to
conduct market analyses, develop business plans, and otherwise
provide resources, to the extent such resources are authorized to
be provided through the statewide workforce investment system, to
eligible individuals who are pursuing self-employment or
telecommuting or establishing a small business operation as an
employment outcome;
(14) rehabilitation technology, including telecommunications,
sensory, and other technological aids and devices;
(15) transition services for students with disabilities, that
facilitate the achievement of the employment outcome identified
in the individualized plan for employment;
(16) supported employment services;
(17) services to the family of an individual with a disability
necessary to assist the individual to achieve an employment
outcome; and
(18) specific post-employment services necessary to assist an
individual with a disability to, retain, regain, or advance in
employment.
(b) Vocational rehabilitation services for groups of individuals
Vocational rehabilitation services provided for the benefit of
groups of individuals with disabilities may also include the
following:
(1) In the case of any type of small business operated by
individuals with significant disabilities the operation of which
can be improved by management services and supervision provided
by the designated State agency, the provision of such services
and supervision, along or together with the acquisition by the
designated State agency of vending facilities or other equipment
and initial stocks and supplies.
(2)(A) The establishment, development, or improvement of
community rehabilitation programs, including, under special
circumstances, the construction of a facility. Such programs
shall be used to provide services that promote integration and
competitive employment.
(B) The provision of other services, that promise to contribute
substantially to the rehabilitation of a group of individuals but
that are not related directly to the individualized plan for
employment of any 1 individual with a disability.
(3) The use of telecommunications systems (including telephone,
television, satellite, radio, and other similar systems) that
have the potential for substantially improving delivery methods
of activities described in this section and developing
appropriate programming to meet the particular needs of
individuals with disabilities.
(4)(A) Special services to provide nonvisual access to
information for individuals who are blind, including the use of
telecommunications, Braille, sound recordings, or other
appropriate media.
(B) Captioned television, films, or video cassettes for
individuals who are deaf or hard of hearing.
(C) Tactile materials for individuals who are deaf-blind.
(D) Other special services that provide information through
tactile, vibratory, auditory, and visual media.
(5) Technical assistance and support services to businesses
that are not subject to title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and that are
seeking to employ individuals with disabilities.
(6) Consultative and technical assistance services to assist
educational agencies in planning for the transition of students
with disabilities from school to post-school activities,
including employment.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 103, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1148.)

-REFTEXT-
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in
subsec. (b)(5), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
as amended. Title I of the Act is classified generally to
subchapter I (Sec. 12111 et seq.) of chapter 126 of Title 42, The
Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 12101 of
Title 42 and Tables.

-MISC1-
PRIOR PROVISIONS
A prior section 723, Pub. L. 93-112, title I, Sec. 103, Sept. 26,
1973, 87 Stat. 368; Pub. L. 95-602, title I, Sec. 104, Nov. 6,
1978, 92 Stat. 2960; Pub. L. 99-506, title I, Sec. 103(d)(2), title
II, Sec. 204, Oct. 21, 1986, 100 Stat. 1810, 1817; Pub. L. 100-630,
title II, Sec. 202(d), Nov. 7, 1988, 102 Stat. 3305; Pub. L. 102-
569, title I, Secs. 102(p)(9), 124, Oct. 29, 1992, 106 Stat. 4357,
4379; Pub. L. 103-73, title I, Sec. 107(c), Aug. 11, 1993, 107
Stat. 721, related to scope of vocational rehabilitation services,
prior to the general amendment of this subchapter by Pub. L. 105-
220.

-End-

-CITE-
29 USC Sec. 724 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 724. Non-Federal share for establishment of program or
construction

-STATUTE-
For the purpose of determining the amount of payments to States
for carrying out part B of this subchapter (or to an Indian tribe
under part C of this subchapter), the non-Federal share, subject to
such limitations and conditions as may be prescribed in regulations
by the Commissioner, shall include contributions of funds made by
any private agency, organization, or individual to a State or local
agency to assist in meeting the costs of establishment of a
community rehabilitation program or construction, under special
circumstances, of a facility for such a program, which would be
regarded as State or local funds except for the condition, imposed
by the contributor, limiting use of such funds to establishment of
such a program or construction of such a facility.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 104, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1151.)

-MISC1-
PRIOR PROVISIONS
A prior section 724, Pub. L. 93-112, title I, Sec. 104, Sept. 26,
1973, 87 Stat. 370; Pub. L. 95-602, title I, Sec. 122(b)(1), Nov.
6, 1978, 92 Stat. 2987; Pub. L. 99-506, title II, Sec. 205, Oct.
21, 1986, 100 Stat. 1817; Pub. L. 102-569, title I, Sec. 125, Oct.
29, 1992, 106 Stat. 4381, related to non-Federal share for
construction, prior to the general amendment of this subchapter by
Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 725 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 725. State Rehabilitation Council

-STATUTE-
(a) Establishment
(1) In general
Except as provided in section 721(a)(21)(A)(i) of this title,
to be eligible to receive financial assistance under this
subchapter a State shall establish a State Rehabilitation Council
(referred to in this section as the "Council") in accordance with
this section.
(2) Separate agency for individuals who are blind
A State that designates a State agency to administer the part
of the State plan under which vocational rehabilitation services
are provided for individuals who are blind under section
721(a)(2)(A)(i) of this title may establish a separate Council in
accordance with this section to perform the duties of such a
Council with respect to such State agency.
(b) Composition and appointment
(1) Composition
(A) In general
Except in the case of a separate Council established under
subsection (a)(2) of this section, the Council shall be
composed of -
(i) at least one representative of the Statewide
Independent Living Council established under section 796d of
this title, which representative may be the chairperson or
other designee of the Council;
(ii) at least one representative of a parent training and
information center established pursuant to section 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 carried
out under section 741 of this title, at least one
representative of the directors of the projects;
(x) at least one representative of the State educational
agency responsible for the public education of students with
disabilities who are eligible to receive services under this
subchapter and part B of the Individuals with Disabilities
Education Act [20 U.S.C. 1411 et seq.]; and
(xi) at least one representative of the State workforce
investment board.
(B) Separate Council
In the case of a separate Council established under
subsection (a)(2) of this section, the Council shall be
composed of -
(i) at least one representative described in subparagraph
(A)(i);
(ii) at least one representative described in subparagraph
(A)(ii);
(iii) at least one representative described in subparagraph
(A)(iii);
(iv) at least one vocational rehabilitation counselor
described in subparagraph (A)(iv), who shall serve as
described in such subparagraph;
(v) at least one representative described in subparagraph
(A)(v);
(vi) four representatives described in subparagraph
(A)(vi);
(vii) at least one representative of a disability advocacy
group representing individuals who are blind;
(viii) at least one individual's representative, of an
individual who -
(I) is an individual who is blind and has multiple
disabilities; and
(II) has difficulty in representing himself or herself or
is unable due to disabilities to represent himself or
herself;

(ix) applicants or recipients described in subparagraph
(A)(viii);
(x) in a State described in subparagraph (A)(ix), at least
one representative described in such subparagraph;
(xi) at least one representative described in subparagraph
(A)(x); and
(xii) at least one representative described in subparagraph
(A)(xi).
(C) Exception
In the case of a separate Council established under
subsection (a)(2) of this section, any Council that is required
by State law, as in effect on October 29, 1992, to have fewer
than 15 members shall be deemed to be in compliance with
subparagraph (B) if the Council -
(i) meets the requirements of subparagraph (B), other than
the requirements of clauses (vi) and (ix) of such
subparagraph; and
(ii) includes at least -
(I) one representative described in subparagraph (B)(vi);
and
(II) one applicant or recipient described in subparagraph
(B)(ix).
(2) Ex officio member
The Director of the designated State unit shall be an ex
officio, nonvoting member of the Council.
(3) Appointment
Members of the Council shall be appointed by the Governor or,
in the case of a State that, under State law, vests authority for
the administration of the activities carried out under this
chapter in an entity other than the Governor (such as one or more
houses of the State legislature or an independent board), the
chief officer of that entity. The appointing authority shall
select members after soliciting recommendations from
representatives of organizations representing a broad range of
individuals with disabilities and organizations interested in
individuals with disabilities. In selecting members, the
appointing authority shall consider, to the greatest extent
practicable, the extent to which minority populations are
represented on the Council.
(4) Qualifications
(A) In general
A majority of Council members shall be persons who are -
(i) individuals with disabilities described in section
705(20)(B) of this title; and
(ii) not employed by the designated State unit.
(B) Separate Council
In the case of a separate Council established under
subsection (a)(2) of this section, a majority of Council
members shall be persons who are -
(i) blind; and
(ii) not employed by the designated State unit.
(5) Chairperson
(A) In general
Except as provided in subparagraph (B), the Council shall
select a chairperson from among the membership of the Council.
(B) Designation by chief executive officer
In States in which the chief executive officer does not have
veto power pursuant to State law, the appointing authority
described in paragraph (3) shall designate a member of the
Council to serve as the chairperson of the Council or shall
require the Council to so designate such a member.
(6) Terms of appointment
(A) Length of term
Each member of the Council shall serve for a term of not more
than 3 years, except that -
(i) a member appointed to fill a vacancy occurring prior to
the expiration of the term for which a predecessor was
appointed, shall be appointed for the remainder of such term;
and
(ii) the terms of service of the members initially
appointed shall be (as specified by the appointing authority
described in paragraph (3)) for such fewer number of years as
will provide for the expiration of terms on a staggered
basis.
(B) Number of terms
No member of the Council, other than a representative
described in clause (iii) or (ix) of paragraph (1)(A), or
clause (iii) or (x) of paragraph (1)(B), may serve more than
two consecutive full terms.
(7) Vacancies
(A) In general
Except as provided in subparagraph (B), any vacancy occurring
in the membership of the Council shall be filled in the same
manner as the original appointment. The vacancy shall not
affect the power of the remaining members to execute the duties
of the Council.
(B) Delegation
The appointing authority described in paragraph (3) may
delegate the authority to fill such a vacancy to the remaining
members of the Council after making the original appointment.
(c) Functions of Council
The Council shall, after consulting with the State workforce
investment board -
(1) review, analyze, and advise the designated State unit
regarding the performance of the responsibilities of the unit
under this subchapter, particularly responsibilities relating to -

(A) eligibility (including order of selection);
(B) the extent, scope, and effectiveness of services
provided; and
(C) functions performed by State agencies that affect or that
potentially affect the ability of individuals with disabilities
in achieving employment outcomes under this subchapter;

(2) in partnership with the designated State unit -
(A) develop, agree to, and review State goals and priorities
in accordance with section 721(a)(15)(C) of this title; and
(B) evaluate the effectiveness of the vocational
rehabilitation program and submit reports of progress to the
Commissioner in accordance with section 721(a)(15)(E) of this
title;

(3) advise the designated State agency and the designated State
unit regarding activities authorized to be carried out under this
subchapter, and assist in the preparation of the State plan and
amendments to the plan, applications, reports, needs assessments,
and evaluations required by this subchapter;
(4) to the extent feasible, conduct a review and analysis of
the effectiveness of, and consumer satisfaction with -
(A) the functions performed by the designated State agency;
(B) vocational rehabilitation services provided by State
agencies and other public and private entities responsible for
providing vocational rehabilitation services to individuals
with disabilities under this chapter; and
(C) employment outcomes achieved by eligible individuals
receiving services under this subchapter, including the
availability of health and other employment benefits in
connection with such employment outcomes;

(5) prepare and submit an annual report to the Governor and the
Commissioner on the status of vocational rehabilitation programs
operated within the State, and make the report available to the
public;
(6) to avoid duplication of efforts and enhance the number of
individuals served, coordinate activities with the activities of
other councils within the State, including the Statewide
Independent Living Council established under section 796d of this
title, the advisory panel established under section 612(a)(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 investment board;
(7) provide for coordination and the establishment of working
relationships between the designated State agency and the
Statewide Independent Living Council and centers for independent
living within the State; and
(8) perform such other functions, consistent with the purpose
of this subchapter, as the State Rehabilitation Council
determines to be appropriate, that are comparable to the other
functions performed by the Council.
(d) Resources
(1) Plan
The Council shall prepare, in conjunction with the designated
State unit, a plan for the provision of such resources, including
such staff and other personnel, as may be necessary and
sufficient to carry out the functions of the Council under this
section. The resource plan shall, to the maximum extent possible,
rely on the use of resources in existence during the period of
implementation of the plan.
(2) Resolution of disagreements
To the extent that there is a disagreement between the Council
and the designated State unit in regard to the resources
necessary to carry out the functions of the Council as set forth
in this section, the disagreement shall be resolved by the
Governor consistent with paragraph (1).
(3) Supervision and evaluation
Each Council shall, consistent with State law, supervise and
evaluate such staff and other personnel as may be necessary to
carry out its functions under this section.
(4) Personnel conflict of interest
While assisting the Council in carrying out its duties, staff
and other personnel shall not be assigned duties by the
designated State unit or any other agency or office of the State,
that would create a conflict of interest.
(e) Conflict of interest
No member of the Council shall cast a vote on any matter that
would provide direct financial benefit to the member or otherwise
give the appearance of a conflict of interest under State law.
(f) Meetings
The Council shall convene at least four meetings a year in such
places as it determines to be necessary to conduct Council business
and conduct such forums or hearings as the Council considers
appropriate. The meetings, hearings, and forums shall be publicly
announced. The meetings shall be open and accessible to the general
public unless there is a valid reason for an executive session.
(g) Compensation and expenses
The Council may use funds allocated to the Council by the
designated State unit under this subchapter (except for funds
appropriated to carry out the client assistance program under
section 732 of this title and funds reserved pursuant to section
730(c) of this title to carry out part C of this subchapter) to
reimburse members of the Council for reasonable and necessary
expenses of attending Council meetings and performing Council
duties (including child care and personal assistance services), and
to pay compensation to a member of the Council, if such member is
not employed or must forfeit wages from other employment, for each
day the member is engaged in performing the duties of the Council.
(h) Hearings and forums
The Council is authorized to hold such hearings and forums as the
Council may determine to be necessary to carry out the duties of
the Council.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 105, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1151; amended Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 402(c)(6)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-415; Pub. L. 106-402, title IV, Sec.
401(b)(3)(A), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 108-446, title
III, Sec. 305(h)(2), (3), Dec. 3, 2004, 118 Stat. 2805.)

-REFTEXT-
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in
subsec. (b)(1)(A)(x), is title VI of Pub. L. 91-230, Apr. 13, 1970,
84 Stat. 175, as amended. Part B of the Act is classified generally
to subchapter II (Sec. 1411 et seq.) of chapter 33 of Title 20,
Education. For complete classification of this Act to the Code, see
section 1400 of Title 20 and Tables.

-MISC1-
PRIOR PROVISIONS
A prior section 725, Pub. L. 93-112, title I, Sec. 105, as added
Pub. L. 102-569, title I, Sec. 126(a), Oct. 29, 1992, 106 Stat.
4381; amended Pub. L. 103-73, title I, Sec. 107(d)(1), Aug. 11,
1993, 107 Stat. 721, related to State Rehabilitation Advisory
Council, prior to the general amendment of this subchapter by Pub.
L. 105-220.

AMENDMENTS
2004 - Subsec. (b)(1)(A)(ii). Pub. L. 108-446, Sec. 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, Sec. 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, Sec. 101(f) [title VIII,
Sec. 402(c)(6)(A)], substituted "Governor or, in the case of a
State that, under State law, vests authority for the administration
of the activities carried out under this chapter in an entity other
than the Governor (such as one or more houses of the State
legislature or an independent board), the chief officer of that
entity" for "Governor" in first sentence and "appointing authority"
for "Governor" in second and third sentences.
Subsec. (b)(4)(A)(i). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 402(c)(6)(B)], substituted "section 705(20)(B)" for "section
705(20)(A)".
Subsec. (b)(5)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
402(c)(6)(C)], substituted "chief executive officer" for "Governor"
in heading and "appointing authority described in paragraph (3)
shall" for "Governor shall" in text.
Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105-277, Sec. 101(f)
[title VIII, Sec. 402(c)(6)(D)], substituted "appointing authority
described in paragraph (3)" for "Governor".

-End-

-CITE-
29 USC Sec. 726 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 726. Evaluation standards and performance indicators

-STATUTE-
(a) Establishment
(1) In general
(A) Establishment of standards and indicators
The Commissioner shall, not later than July 1, 1999,
establish and publish evaluation standards and performance
indicators for the vocational rehabilitation program carried
out under this subchapter.
(B) Review and revision
Effective July 1, 1999, the Commissioner shall review and, if
necessary, revise the evaluation standards and performance
indicators every 3 years. Any revisions of the standards and
indicators shall be developed with input from State vocational
rehabilitation agencies, related professional and consumer
organizations, recipients of vocational rehabilitation
services, and other interested parties. Any revisions of the
standards and indicators shall be subject to the publication,
review, and comment provisions of paragraph (3).
(C) Bases
Effective July 1, 1999, to the maximum extent practicable,
the standards and indicators shall be consistent with the core
indicators of performance established under section 2871(b) of
this title.
(2) Measures
The standards and indicators shall include outcome and related
measures of program performance that facilitate the
accomplishment of the purpose and policy of this subchapter.
(3) Comment
The standards and indicators shall be developed with input from
State vocational rehabilitation agencies, related professional
and consumer organizations, recipients of vocational
rehabilitation services, and other interested parties. The
Commissioner shall publish in the Federal Register a notice of
intent to regulate regarding the development of proposed
standards and indicators. Proposed standards and indicators shall
be published in the Federal Register for review and comment.
Final standards and indicators shall be published in the Federal
Register.
(b) Compliance
(1) State reports
In accordance with regulations established by the Secretary,
each State shall report to the Commissioner after the end of each
fiscal year the extent to which the State is in compliance with
the standards and indicators.
(2) Program improvement
(A) Plan
If the Commissioner determines that the performance of any
State is below established standards, the Commissioner shall
provide technical assistance to the State, and the State and
the Commissioner shall jointly develop a program improvement
plan outlining the specific actions to be taken by the State to
improve program performance.
(B) Review
The Commissioner shall -
(i) review the program improvement efforts of the State on
a biannual basis and, if necessary, request the State to make
further revisions to the plan to improve performance; and
(ii) continue to conduct such reviews and request such
revisions until the State sustains satisfactory performance
over a period of more than 1 year.
(c) Withholding
If the Commissioner determines that a State whose performance
falls below the established standards has failed to enter into a
program improvement plan, or is not complying substantially with
the terms and conditions of such a program improvement plan, the
Commissioner shall, consistent with subsections (c) and (d) of
section 727 of this title, reduce or make no further payments to
the State under this program, until the State has entered into an
approved program improvement plan, or satisfies the Commissioner
that the State is complying substantially with the terms and
conditions of such a program improvement plan, as appropriate.
(d) Report to Congress
Beginning in fiscal year 1999, the Commissioner shall include in
each annual report to the Congress under section 710 of this title
an analysis of program performance, including relative State
performance, based on the standards and indicators.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 106, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1156.)

-MISC1-
PRIOR PROVISIONS
A prior section 726, Pub. L. 93-112, title I, Sec. 106, as added
Pub. L. 102-569, title I, Sec. 127(a), Oct. 29, 1992, 106 Stat.
4385, related to evaluation standards and performance indicators,
prior to the general amendment of this subchapter by Pub. L. 105-
220.

-End-

-CITE-
29 USC Sec. 727 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 727. Monitoring and review

-STATUTE-
(a) In general
(1) Duties
In carrying out the duties of the Commissioner under this
subchapter, the Commissioner shall -
(A) provide for the annual review and periodic onsite
monitoring of programs under this subchapter; and
(B) determine whether, in the administration of the State
plan, a State is complying substantially with the provisions of
such plan and with evaluation standards and performance
indicators established under section 726 of this title.
(2) Procedures for reviews
In conducting reviews under this section the Commissioner shall
consider, at a minimum -
(A) State policies and procedures;
(B) guidance materials;
(C) decisions resulting from hearings conducted in accordance
with due process;
(D) State goals established under section 721(a)(15) of this
title and the extent to which the State has achieved such
goals;
(E) plans and reports prepared under section 726(b) of this
title;
(F) consumer satisfaction reviews and analyses described in
section 725(c)(4) of this title;
(G) information provided by the State Rehabilitation Council
established under section 725 of this title, if the State has
such a Council, or by the commission described in section
721(a)(21)(A)(i) of this title, if the State has such a
commission;
(H) reports; and
(I) budget and financial management data.
(3) Procedures for monitoring
In conducting monitoring under this section the Commissioner
shall conduct -
(A) onsite visits, including onsite reviews of records to
verify that the State is following requirements regarding the
order of selection set forth in section 721(a)(5)(A) of this
title;
(B) public hearings and other strategies for collecting
information from the public;
(C) meetings with the State Rehabilitation Council, if the
State has such a Council or with the commission described in
section 721(a)(21)(A)(i) of this title, if the State has such a
commission;
(D) reviews of individual case files, including
individualized plans for employment and ineligibility
determinations; and
(E) meetings with qualified vocational rehabilitation
counselors and other personnel.
(4) Areas of inquiry
In conducting the review and monitoring, the Commissioner shall
examine -
(A) the eligibility process;
(B) the provision of services, including, if applicable, the
order of selection;
(C) such other areas as may be identified by the public or
through meetings with the State Rehabilitation Council, if the
State has such a Council or with the commission described in
section 721(a)(21)(A)(i) of this title, if the State has such a
commission; and
(D) such other areas of inquiry as the Commissioner may
consider appropriate.
(5) Reports
If the Commissioner issues a report detailing the findings of
an annual review or onsite monitoring conducted under this
section, the report shall be made available to the State
Rehabilitation Council, if the State has such a Council, for use
in the development and modification of the State plan described
in section 721 of this title.
(b) Technical assistance
The Commissioner shall -
(1) provide technical assistance to programs under this
subchapter regarding improving the quality of vocational
rehabilitation services provided; and
(2) provide technical assistance and establish a corrective
action plan for a program under this subchapter if the
Commissioner finds that the program fails to comply substantially
with the provisions of the State plan, or with evaluation
standards or performance indicators established under section 726
of this title, in order to ensure that such failure is corrected
as soon as practicable.
(c) Failure to comply with plan
(1) Withholding payments
Whenever the Commissioner, after providing reasonable notice
and an opportunity for a hearing to the State agency
administering or supervising the administration of the State plan
approved under section 721 of this title, finds that -
(A) the plan has been so changed that it no longer complies
with the requirements of section 721(a) of this title; or
(B) in the administration of the plan there is a failure to
comply substantially with any provision of such plan or with an
evaluation standard or performance indicator established under
section 726 of this title,

the Commissioner shall notify such State agency that no further
payments will be made to the State under this subchapter (or, in
the discretion of the Commissioner, that such further payments
will be reduced, in accordance with regulations the Commissioner
shall prescribe, or that further payments will not be made to the
State only for the projects under the parts of the State plan
affected by such failure), until the Commissioner is satisfied
there is no longer any such failure.
(2) Period
Until the Commissioner is so satisfied, the Commissioner shall
make no further payments to such State under this subchapter (or
shall reduce payments or limit payments to projects under those
parts of the State plan in which there is no such failure).
(3) Disbursal of withheld funds
The Commissioner may, in accordance with regulations the
Secretary shall prescribe, disburse any funds withheld from a
State under paragraph (1) to any public or nonprofit private
organization or agency within such State or to any political
subdivision of such State submitting a plan meeting the
requirements of section 721(a) of this title. The Commissioner
may not make any payment under this paragraph unless the entity
to which such payment is made has provided assurances to the
Commissioner that such entity will contribute, for purposes of
carrying out such plan, the same amount as the State would have
been obligated to contribute if the State received such payment.
(d) Review
(1) Petition
Any State that is dissatisfied with a final determination of
the Commissioner under section 721(b) of this title or subsection
(c) of this section may file a petition for judicial review of
such determination in the United States Court of Appeals for the
circuit in which the State is located. Such a petition may be
filed only within the 30-day period beginning on the date that
notice of such final determination was received by the State. The
clerk of the court shall transmit a copy of the petition to the
Commissioner or to any officer designated by the Commissioner for
that purpose. In accordance with section 2112 of title 28, the
Commissioner shall file with the court a record of the proceeding
on which the Commissioner based the determination being appealed
by the State. Until a record is so filed, the Commissioner may
modify or set aside any determination made under such
proceedings.
(2) Submissions and determinations
If, in an action under this subsection to review a final
determination of the Commissioner under section 721(b) of this
title or subsection (c) of this section, the petitioner or the
Commissioner applies to the court for leave to have additional
oral submissions or written presentations made respecting such
determination, the court may, for good cause shown, order the
Commissioner to provide within 30 days an additional opportunity
to make such submissions and presentations. Within such period,
the Commissioner may revise any findings of fact, modify or set
aside the determination being reviewed, or make a new
determination by reason of the additional submissions and
presentations, and shall file such modified or new determination,
and any revised findings of fact, with the return of such
submissions and presentations. The court shall thereafter review
such new or modified determination.
(3) Standards of review
(A) In general
Upon the filing of a petition under paragraph (1) for
judicial review of a determination, the court shall have
jurisdiction -
(i) to grant appropriate relief as provided in chapter 7 of
title 5, except for interim relief with respect to a
determination under subsection (c) of this section; and
(ii) except as otherwise provided in subparagraph (B), to
review such determination in accordance with chapter 7 of
title 5.
(B) Substantial evidence
Section 706 of title 5 shall apply to the review of any
determination under this subsection, except that the standard
for review prescribed by paragraph (2)(E) of such section 706
shall not apply and the court shall hold unlawful and set aside
such determination if the court finds that the determination is
not supported by substantial evidence in the record of the
proceeding submitted pursuant to paragraph (1), as supplemented
by any additional submissions and presentations filed under
paragraph (2).

-SOURCE-
(Pub. L. 93-112, title I, Sec. 107, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1157.)

-MISC1-
PRIOR PROVISIONS
A prior section 727, Pub. L. 93-112, title I, Sec. 107, as added
Pub. L. 102-569, title I, Sec. 128(a), Oct. 29, 1992, 106 Stat.
4386, related to monitoring and review, prior to the general
amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 728 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 728. Expenditure of certain amounts

-STATUTE-
(a) Expenditure
Amounts described in subsection (b) of this section may not be
expended by a State for any purpose other than carrying out
programs for which the State receives financial assistance under
this subchapter, under part B of subchapter VI of this chapter, or
under subchapter VII of this chapter.
(b) Amounts
The amounts referred to in subsection (a) of this section are
amounts provided to a State under the Social Security Act (42
U.S.C. 301 et seq.) as reimbursement for the expenditure of
payments received by the State from allotments under section 730 of
this title.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 108, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1160.)

-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (b), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.

-MISC1-
PRIOR PROVISIONS
A prior section 728, Pub. L. 93-112, title I, Sec. 108, as added
Pub. L. 102-569, title I, Sec. 129(a), Oct. 29, 1992, 106 Stat.
4389, related to expenditure of certain amounts, prior to the
general amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 728a 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part A - General Provisions

-HEAD-
Sec. 728a. Training of employers with respect to Americans with
Disabilities Act of 1990

-STATUTE-
A State may expend payments received under section 731 of this
title -
(1) to carry out a program to train employers with respect to
compliance with the requirements of title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); and
(2) to inform employers of the existence of the program and the
availability of the services of the program.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 109, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1160.)

-REFTEXT-
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in par.
(1), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended.
Title I of the Act is classified generally to subchapter I (Sec.
12111 et seq.) of chapter 126 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 12101 of Title 42 and
Tables.

-MISC1-
PRIOR PROVISIONS
A prior section 728a, Pub. L. 93-112, title I, Sec. 109, as added
Pub. L. 102-569, title I, Sec. 130(a), Oct. 29, 1992, 106 Stat.
4389, related to training of employers with respect to Americans
with Disabilities Act of 1990, prior to the general amendment of
this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC Part B - Basic Vocational Rehabilitation Services 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part B - Basic Vocational Rehabilitation Services

-HEAD-
PART B - BASIC VOCATIONAL REHABILITATION SERVICES

-End-

-CITE-
29 USC Sec. 730 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part B - Basic Vocational Rehabilitation Services

-HEAD-
Sec. 730. State allotments

-STATUTE-
(a) Computation; additional amount; minimum amount; adjustments
(1) Subject to the provisions of subsection (c) of this section,
for each fiscal year beginning before October 1, 1978, each State
shall be entitled to an allotment of an amount bearing the same
ratio to the amount authorized to be appropriated under section
720(b)(1) of this title for allotment under this section as the
product of -
(A) the population of the State; and
(B) the square of its allotment percentage,

bears to the sum of the corresponding products for all the States.
(2)(A) For each fiscal year beginning on or after October 1,
1978, each State shall be entitled to an allotment in an amount
equal to the amount such State received under paragraph (1) for the
fiscal year ending September 30, 1978, and an additional amount
determined pursuant to subparagraph (B) of this paragraph.
(B) For each fiscal year beginning on or after October 1, 1978,
each State shall be entitled to an allotment, from any amount
authorized to be appropriated for such fiscal year under section
720(b)(1) of this title for allotment under this section in excess
of the amount appropriated under section 720(b)(1)(A) (!1) of this
title for the fiscal year ending September 30, 1978, in an amount
equal to the sum of -

(i) an amount bearing the same ratio to 50 percent of such
excess amount as the product of the population of the State and
the square of its allotment percentage bears to the sum of the
corresponding products for all the States; and
(ii) an amount bearing the same ratio to 50 percent of such
excess amount as the product of the population of the State and
its allotment percentage bears to the sum of the corresponding
products for all the States.

(3) The sum of the payment to any State (other than Guam,
American Samoa, the Virgin Islands, and the Commonwealth of the
Northern Mariana Islands) under this subsection for any fiscal year
which is less than 1/3 of 1 percent of the amount appropriated
under section 720(b)(1) of this title, or $3,000,000, whichever is
greater, shall be increased to that amount, the total of the
increases thereby required being derived by proportionately
reducing the allotment to each of the remaining such States under
this subsection, but with such adjustments as may be necessary to
prevent the sum of the allotments made under this subsection to any
such remaining State from being thereby reduced to less than that
amount.
(b) Unused funds; redistribution; increase in amount
(1) Not later than 45 days prior to the end of the fiscal year,
the Commissioner shall determine, after reasonable opportunity for
the submission to the Commissioner of comments by the State agency
administering or supervising the program established under this
subchapter, that any payment of an allotment to a State under
section 731(a) of this title for any fiscal year will not be
utilized by such State in carrying out the purposes of this
subchapter.
(2) As soon as practicable but not later than the end of the
fiscal year, the Commissioner shall make such amount available for
carrying out the purposes of this subchapter to one or more other
States to the extent the Commissioner determines such other State
will be able to use such additional amount during that fiscal year
or the subsequent fiscal year for carrying out such purposes. The
Commissioner shall make such amount available only if such other
State will be able to make sufficient payments from non-Federal
sources to pay for the non-Federal share of the cost of vocational
rehabilitation services under the State plan for the fiscal year
for which the amount was appropriated.
(3) For the purposes of this part, any amount made available to a
State for any fiscal year pursuant to this subsection shall be
regarded as an increase of such State's allotment (as determined
under the preceding provisions of this section) for such year.
(c) Funds for American Indian vocational rehabilitation services
(1) For fiscal year 1987 and for each subsequent fiscal year, the
Commissioner shall reserve from the amount appropriated under
section 720(b)(1) of this title for allotment under this section a
sum, determined under paragraph (2), to carry out the purposes of
part C of this subchapter.
(2) The sum referred to in paragraph (1) shall be, as determined
by the Secretary -
(A) not less than three-quarters of 1 percent and not more than
1.5 percent of the amount referred to in paragraph (1), for
fiscal year 1999; and
(B) not less than 1 percent and not more than 1.5 percent of
the amount referred to in paragraph (1), for each of fiscal years
2000 through 2003.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 110, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(7)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-413.)

-REFTEXT-
REFERENCES IN TEXT
Section 720(b)(1)(A) of this title, referred to in subsec.
(a)(2)(B), means section 720(b)(1)(A) prior to the general
amendment of section 720(b) by Pub. L. 102-569, title I, Sec.
121(b)(1), Oct. 29, 1992, 106 Stat. 4367, which restated subsec.
(b)(1) without a subpar. (A). Section 720 was subsequently omitted,
and a new section 720 added, in the general amendment of this
subchapter by Pub. L. 105-220, title IV, Sec. 404, Aug. 7, 1998,
112 Stat. 1116.

-MISC1-
PRIOR PROVISIONS
A prior section 730, Pub. L. 93-112, title I, Sec. 110, Sept. 26,
1973, 87 Stat. 370; Pub. L. 95-602, title I, Secs. 101(c), (d),
122(b)(1), Nov. 6, 1978, 92 Stat. 2956, 2957, 2987; Pub. L. 98-221,
title I, Sec. 111(e), Feb. 22, 1984, 98 Stat. 20; Pub. L. 99-506,
title I, Sec. 103(c)(2), title II, Secs. 206, 207, Oct. 21, 1986,
100 Stat. 1810, 1817, 1818; Pub. L. 102-569, title I, Sec. 131,
Oct. 29, 1992, 106 Stat. 4389; Pub. L. 103-73, title I, Sec.
107(e), Aug. 11, 1993, 107 Stat. 723, related to State allotments,
prior to the general amendment of this subchapter by Pub. L. 105-
220.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to section
designation and catchline in original.

-FOOTNOTE-
(!1) See References in Text note below.

-End-

-CITE-
29 USC Sec. 731 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part B - Basic Vocational Rehabilitation Services

-HEAD-
Sec. 731. Payments to States

-STATUTE-
(a) Amount
(1) Except as provided in paragraph (2), from each State's
allotment under this part for any fiscal year, the Commissioner
shall pay to a State an amount equal to the Federal share of the
cost of vocational rehabilitation services under the plan for that
State approved under section 721 of this title, including
expenditures for the administration of the State plan.
(2)(A) The total of payments under paragraph (1) to a State for a
fiscal year may not exceed its allotment under subsection (a) of
section 730 of this title for such year.
(B) For fiscal year 1994 and each fiscal year thereafter, the
amount otherwise payable to a State for a fiscal year under this
section shall be reduced by the amount by which expenditures from
non-Federal sources under the State plan under this subchapter for
the previous fiscal year are less than the total of such
expenditures for the second fiscal year preceding the previous
fiscal year.
(C) The Commissioner may waive or modify any requirement or
limitation under subparagraph (B) or section 721(a)(17) of this
title if the Commissioner determines that a waiver or modification
is an equitable response to exceptional or uncontrollable
circumstances affecting the State.
(3)(A) Except as provided in subparagraph (B), the amount of a
payment under this section with respect to any construction project
in any State shall be equal to the same percentage of the cost of
such project as the Federal share that is applicable in the case of
rehabilitation facilities (as defined in section 291o(g) of title
42), in such State.
(B) If the Federal share with respect to rehabilitation
facilities in such State is determined pursuant to section
291o(b)(2) of title 42, the percentage of the cost for purposes of
this section shall be determined in accordance with regulations
prescribed by the Commissioner designed to achieve as nearly as
practicable results comparable to the results obtained under such
section.
(b) Method of computation and payment
The method of computing and paying amounts pursuant to subsection
(a) of this section shall be as follows:
(1) The Commissioner shall, prior to the beginning of each
calendar quarter or other period prescribed by the Commissioner,
estimate the amount to be paid to each State under the provisions
of such subsection for such period, such estimate to be based on
such records of the State and information furnished by it, and
such other investigation as the Commissioner may find necessary.
(2) The Commissioner shall pay, from the allotment available
therefor, the amount so estimated by the Commissioner for such
period, reduced or increased, as the case may be, by any sum (not
previously adjusted under this paragraph) by which the
Commissioner finds that the estimate of the amount to be paid the
State for any prior period under such subsection was greater or
less than the amount which should have been paid to the State for
such prior period under such subsection. Such payment shall be
made prior to audit or settlement by the 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.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 111, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1162; amended Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(8)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-413; Pub. L. 108-271, Sec. 8(b),
July 7, 2004, 118 Stat. 814.)

-MISC1-
PRIOR PROVISIONS
A prior section 731, Pub. L. 93-112, title I, Sec. 111, Sept. 26,
1973, 87 Stat. 371; Pub. L. 95-602, title I, Sec. 122(b)(1), Nov.
6, 1978, 92 Stat. 2987; Pub. L. 99-506, title II, Sec. 208, title
X, Sec. 1001(b)(6), Oct. 21, 1986, 100 Stat. 1818, 1842; Pub. L.
100-630, title II, Sec. 202(e)(1), (2)(A), (3), Nov. 7, 1988, 102
Stat. 3306; Pub. L. 102-569, title I, Sec. 132, Oct. 29, 1992, 106
Stat. 4390; Pub. L. 103-73, title I, Sec. 107(f), Aug. 11, 1993,
107 Stat. 723, related to payments to States, prior to the general
amendment of this subchapter by Pub. L. 105-220.

AMENDMENTS
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.

-End-

-CITE-
29 USC Sec. 732 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part B - Basic Vocational Rehabilitation Services

-HEAD-
Sec. 732. Client assistance program

-STATUTE-
(a) Establishment of grant program
From funds appropriated under subsection (h) of this section, the
Secretary shall, in accordance with this section, make grants to
States to establish and carry out client assistance programs to
provide assistance in informing and advising all clients and client
applicants of all available benefits under this chapter, and, upon
request of such clients or client applicants, to assist and
advocate for such clients or applicants in their relationships with
projects, programs, and services provided under this chapter,
including assistance and advocacy in pursuing legal,
administrative, or other appropriate remedies to ensure the
protection of the rights of such individuals under this chapter and
to facilitate access to the services funded under this chapter
through individual and systemic advocacy. The client assistance
program shall provide information on the available services and
benefits under this chapter and title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) to individuals
with disabilities in the State, especially with regard to
individuals with disabilities who have traditionally been unserved
or underserved by vocational rehabilitation programs. In providing
assistance and advocacy under this subsection with respect to
services under this subchapter, a client assistance program may
provide the assistance and advocacy with respect to services that
are directly related to facilitating the employment of the
individual.
(b) Existence of State program as requisite to receiving payments
No State may receive payments from its allotment under this
chapter in any fiscal year unless the State has in effect not later
than October 1, 1984, a client assistance program which -
(1) has the authority to pursue legal, administrative, and
other appropriate remedies to ensure the protection of rights of
individuals with disabilities who are receiving treatments,
services, or rehabilitation under this chapter within the State;
and
(2) meets the requirements of designation under subsection (c)
of this section.
(c) Designation of agency to conduct program
(1)(A) The Governor shall designate a public or private agency to
conduct the client assistance program under this section. Except as
provided in the last sentence of this subparagraph, the Governor
shall designate an agency which is independent of any agency which
provides treatment, services, or rehabilitation to individuals
under this chapter. If there is an agency in the State which has,
or had, prior to February 22, 1984, served as a client assistance
agency under this section and which received Federal financial
assistance under this chapter, the Governor may, in the initial
designation, designate an agency which provides treatment,
services, or rehabilitation to individuals with disabilities under
this chapter.
(B)(i) The Governor may not redesignate the agency designated
under subparagraph (A) without good cause and unless -
(I) the Governor has given the agency 30 days notice of the
intention to make such redesignation, including specification of
the good cause for such redesignation and an opportunity to
respond to the assertion that good cause has been shown;
(II) individuals with disabilities or the individuals'
representatives have timely notice of the redesignation and
opportunity for public comment; and
(III) the agency has the opportunity to appeal to the
Commissioner on the basis that the redesignation was not for good
cause.

(ii) If, after August 7, 1998 -
(I) a designated State agency undergoes any change in the
organizational structure of the agency that results in the
creation of one or more new State agencies or departments or
results in the merger of the designated State agency with one or
more other State agencies or departments; and
(II) an agency (including an office or other unit) within the
designated State agency was conducting a client assistance
program before the change under the last sentence of subparagraph
(A),

the Governor shall redesignate the agency conducting the program.
In conducting the redesignation, the Governor shall designate to
conduct the program an agency that is independent of any agency
that provides treatment, services, or rehabilitation to individuals
with disabilities under this chapter.
(2) In carrying out the provisions of this section, the Governor
shall consult with the director of the State vocational
rehabilitation agency, the head of the developmental disability
protection and advocacy agency, and with representatives of
professional and consumer organizations serving individuals with
disabilities in the State.
(3) The agency designated under this subsection shall be
accountable for the proper use of funds made available to the
agency.
(d) Class action by designated agency prohibited
The agency designated under subsection (c) of this section may
not bring any class action in carrying out its responsibilities
under this section.
(e) Allotment and reallotment of funds
(1)(A) The Secretary shall allot the sums appropriated for each
fiscal year under this section among the States on the basis of
relative population of each State, except that no State shall
receive less than $50,000.
(B) The Secretary shall allot $30,000 each to American Samoa,
Guam, the Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
(C) For the purpose of this paragraph, the term "State" does not
include American Samoa, Guam, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(D)(i) In any fiscal year that the funds appropriated for such
fiscal year exceed $7,500,000, the minimum allotment shall be
$100,000 for States and $45,000 for territories.
(ii) For any fiscal year in which the total amount appropriated
under subsection (h) of this section exceeds the total amount
appropriated under such subsection for the preceding fiscal year,
the Secretary shall increase each of the minimum allotments under
clause (i) by a percentage that shall not exceed the percentage
increase in the total amount appropriated under such subsection
between the preceding fiscal year and the fiscal year involved.
(2) The amount of an allotment to a State for a fiscal year which
the Secretary determines will not be required by the State during
the period for which it is available for the purpose for which
allotted shall be available for reallotment by the Secretary at
appropriate times to other States with respect to which such a
determination has not been made, in proportion to the original
allotments of such States for such fiscal year, but with such
proportionate amount for any of such other States being reduced to
the extent it exceeds the sum the Secretary estimates such State
needs and will be able to use during such period, and the total of
such reduction shall be similarly reallotted among the States whose
proportionate amounts were not so reduced. Any such amount so
reallotted to a State for a fiscal year shall be deemed to be a
part of its allotment for such fiscal year.
(3) Except as specifically prohibited by or as otherwise provided
in State law, the Secretary shall pay to the agency designated
under subsection (c) of this section the amount specified in the
application approved under subsection (f) of this section.
(f) Application by State for grant funds
No grant may be made under this section unless the State submits
an application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary
deems necessary to meet the requirements of this section.
(g) Regulations; minimum requirements
The Secretary shall prescribe regulations applicable to the
client assistance program which shall include the following
requirements:
(1) No employees of such programs shall, while so employed,
serve as staff or consultants of any rehabilitation project,
program, or facility receiving assistance under this chapter in
the State.
(2) Each program shall be afforded reasonable access to
policymaking and administrative personnel in the State and local
rehabilitation programs, projects, or facilities.
(3)(A) Each program shall contain provisions designed to assure
that to the maximum extent possible alternative means of dispute
resolution are available for use at the discretion of an
applicant or client of the program prior to resorting to
litigation or formal adjudication to resolve a dispute arising
under this section.
(B) In subparagraph (A), the term "alternative means of dispute
resolution" means any procedure, including good faith
negotiation, conciliation, facilitation, mediation, factfinding,
and arbitration, and any combination of procedures, that is used
in lieu of litigation in a court or formal adjudication in an
administrative forum, to resolve a dispute arising under this
section.
(4) For purposes of any periodic audit, report, or evaluation
of the performance of a client assistance program under this
section, the Secretary shall not require such a program to
disclose the identity of, or any other personally identifiable
information related to, any individual requesting assistance
under such program.
(h) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary for fiscal years 1999 through 2003 to carry out the
provisions of this section.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 112, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1163; amended Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(9)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-413.)

-REFTEXT-
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in
subsec. (a), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as
amended. Title I of the Act is classified generally to subchapter I
(Sec. 12111 et seq.) of chapter 126 of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 12101 of Title 42 and
Tables.

-MISC1-
PRIOR PROVISIONS
Prior sections 732 and 740 were omitted in the general amendment
of this subchapter by Pub. L. 105-220.
Section 732, Pub. L. 93-112, title I, Sec. 112, Sept. 26, 1973,
87 Stat. 371; Pub. L. 93-516, title I, Secs. 102(b), 111(f), Dec.
7, 1974, 88 Stat. 1618, 1620; Pub. L. 93-651, title I, Secs.
102(b), 111(f), Nov. 21, 1974, 89 Stat. 2-3, 2-5; Pub. L. 94-230,
Secs. 2(b), 11(b)(4), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 95-
602, title I, Secs. 105, 122(b)(1), Nov. 6, 1978, 92 Stat. 2960,
2987; Pub. L. 97-375, title I, Sec. 105, Dec. 21, 1982, 96 Stat.
1820; Pub. L. 98-221, title I, Sec. 113(a), Feb. 22, 1984, 98 Stat.
20; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title II, Sec. 209,
title X, Sec. 1001(b)(7), Oct. 21, 1986, 100 Stat. 1810, 1818,
1842; Pub. L. 100-630, title II, Sec. 202(f), Nov. 7, 1988, 102
Stat. 3306; Pub. L. 102-52, Sec. 2(c), June 6, 1991, 105 Stat. 260;
Pub. L. 102-569, title I, Secs. 102(p)(10), 133, Oct. 29, 1992, 106
Stat. 4357, 4391; Pub. L. 103-73, title I, Sec. 107(g), Aug. 11,
1993, 107 Stat. 723; Pub. L. 104-66, title I, Sec. 1041(c), Dec.
21, 1995, 109 Stat. 714, related to client assistance program.
Section 740, Pub. L. 93-112, title I, Sec. 120, as added Pub. L.
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4392,
related to State eligibility for grants.
Another prior section 740, Pub. L. 93-112, title I, Sec. 120,
Sept. 26, 1973, 87 Stat. 372; Pub. L. 95-602, title I, Secs.
101(e)(1), 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 99-
506, title X, Sec. 1001(b)(8), Oct. 21, 1986, 100 Stat. 1842; Pub.
L. 100-630, title II, Sec. 202(g), Nov. 7, 1988, 102 Stat. 3306,
provided for State allotments to assist in meeting the cost of
vocational rehabilitation services, prior to the general amendment
of part C of former subchapter I of this chapter by Pub. L. 102-
569.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to section
designation and catchline in original.

-End-

-CITE-
29 USC Part C - American Indian Vocational Rehabilitation
Services 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part C - American Indian Vocational Rehabilitation Services

-HEAD-
PART C - AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES

-End-

-CITE-
29 USC Sec. 741 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part C - American Indian Vocational Rehabilitation Services

-HEAD-
Sec. 741. Vocational rehabilitation services grants

-STATUTE-
(a) Governing bodies of Indian tribes; amount; non-Federal share
The Commissioner, in accordance with the provisions of this part,
may make grants to the governing bodies of Indian tribes located on
Federal and State reservations (and consortia of such governing
bodies) to pay 90 percent of the costs of vocational rehabilitation
services for American Indians who are individuals with disabilities
residing on or near such reservations. The non-Federal share of
such costs may be in cash or in kind, fairly valued, and the
Commissioner may waive such non-Federal share requirement in order
to carry out the purposes of this chapter.
(b) Application; effective period; continuation of programs and
services; separate service delivery systems
(1) No grant may be made under this part for any fiscal year
unless an application therefor has been submitted to and approved
by the Commissioner. The Commissioner may not approve an
application unless the application -
(A) is made at such time, in such manner, and contains such
information as the Commissioner may require;
(B) contains assurances that the rehabilitation services
provided under this part to American Indians who are individuals
with disabilities residing on or near a reservation in a State
shall be, to the maximum extent feasible, comparable to
rehabilitation services provided under this subchapter to other
individuals with disabilities residing in the State and that,
where appropriate, may include services traditionally used by
Indian tribes; and
(C) contains assurances that the application was developed in
consultation with the designated State unit of the State.

(2) The provisions of sections 450c, 450d, 450e, and 450f(a) of
title 25 shall be applicable to any application submitted under
this part. For purposes of this paragraph, any reference in any
such provision to the Secretary of Education or to the Secretary of
the Interior shall be considered to be a reference to the
Commissioner.
(3) Any application approved under this part shall be effective
for not more than 60 months, except as determined otherwise by the
Commissioner pursuant to prescribed regulations. The State shall
continue to provide vocational rehabilitation services under its
State plan to American Indians residing on or near a reservation
whenever such State includes any such American Indians in its State
population under section 730(a)(1) of this title.
(4) In making grants under this part, the Secretary shall give
priority consideration to applications for the continuation of
programs which have been funded under this part.
(5) Nothing in this section may be construed to authorize a
separate service delivery system for Indian residents of a State
who reside in non-reservation areas.
(c) "Reservation" defined
The term "reservation" includes Indian reservations, public
domain Indian allotments, former Indian reservations in Oklahoma,
and land held by incorporated Native groups, regional corporations,
and village corporations under the provisions of the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et seq.].

-SOURCE-
(Pub. L. 93-112, title I, Sec. 121, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1166; amended Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(10)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-413.)

-REFTEXT-
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to in subsec.
(c), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
which is classified generally to chapter 33 (Sec. 1601 et seq.) of
Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1601 of Title
43 and Tables.

-MISC1-
PRIOR PROVISIONS
Prior sections 741 to 744 and 750 were omitted in the general
amendment of this subchapter by Pub. L. 105-220.
Section 741, Pub. L. 93-112, title I, Sec. 121, as added Pub. L.
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4392,
related to contents of strategic plans.
Another prior section 741, Pub. L. 93-112, title I, Sec. 121,
Sept. 26, 1973, 87 Stat. 373; Pub. L. 93-516, title I, Sec. 102(c),
Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93-651, title I, Sec. 102(c),
Nov. 21, 1974, 89 Stat. 2-3; Pub. L. 94-230, Sec. 2(c), Mar. 15,
1976, 90 Stat. 211; Pub. L. 95-602, title I, Secs. 101(e)(2),
122(b), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 98-221, title I,
Sec. 114, Feb. 22, 1984, 98 Stat. 23; Pub. L. 99-506, title I, Sec.
103(d)(2)(C), title II, Sec. 210, Oct. 21, 1986, 100 Stat. 1810,
1819; Pub. L. 100-630, title II, Sec. 202(h), Nov. 7, 1988, 102
Stat. 3306; Pub. L. 102-52, Sec. 2(b)(2), June 6, 1991, 105 Stat.
260, related to payments to States for planning, preparing, and
initiating special programs under approved State plans and payments
for the costs of constructing facilities to be used in providing
services under such State plans, prior to the general amendment of
part C of former subchapter I of this chapter by Pub. L. 102-569.
Section 742, Pub. L. 93-112, title I, Sec. 122, as added Pub. L.
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4393,
related to process for developing strategic plans.
Section 743, Pub. L. 93-112, title I, Sec. 123, as added Pub. L.
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4393,
related to use of funds.
Section 744, Pub. L. 93-112, title I, Sec. 124, as added Pub. L.
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4395;
amended Pub. L. 103-73, title I, Sec. 107(h), Aug. 11, 1993, 107
Stat. 723, related to allotments among States.
Section 750, Pub. L. 93-112, title I, Sec. 130, Sept. 26, 1973,
87 Stat. 374; Pub. L. 93-516, title I, Sec. 111(g), Dec. 7, 1974,
88 Stat. 1621; Pub. L. 93-651, title I, Sec. 111(g), Nov. 21, 1974,
89 Stat. 2-6; Pub. L. 95-602, title I, Sec. 106, Nov. 6, 1978, 92
Stat. 2960; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title II,
Sec. 211, title X, Sec. 1002(b)(1), Oct. 21, 1986, 100 Stat. 1810,
1819, 1844; Pub. L. 100-630, title II, Sec. 202(i), Nov. 7, 1988,
102 Stat. 3306; Pub. L. 102-569, title I, Sec. 102(p)(11), Oct. 29,
1992, 106 Stat. 4357, related to American Indian vocational
rehabilitation services grants.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to section
designation and catchline in original.

-End-

-CITE-
29 USC Part D - Vocational Rehabilitation Services Client
Information 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part D - Vocational Rehabilitation Services Client Information

-HEAD-
PART D - VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION

-End-

-CITE-
29 USC Sec. 751 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES
Part D - Vocational Rehabilitation Services Client Information

-HEAD-
Sec. 751. Data sharing

-STATUTE-
(a) In general
(1) Memorandum of understanding
The Secretary of Education and the Secretary of Health and
Human Services shall enter into a memorandum of understanding for
the purposes of exchanging data of mutual importance -
(A) that concern clients of designated State agencies; and
(B) that are data maintained either by -
(i) the Rehabilitation Services Administration, as required
by section 710 of this title; or
(ii) the Social Security Administration, from its Summary
Earnings and Records and Master Beneficiary Records.
(2) Employment statistics
The Secretary of Labor shall provide the Commissioner with
employment statistics specified in section 49l-2 of this title,
that facilitate evaluation by the Commissioner of the program
carried out under part B of this subchapter, and allow the
Commissioner to compare the progress of individuals with
disabilities who are assisted under the program in securing,
retaining, regaining, and advancing in employment with the
progress made by individuals who are assisted under title I of
the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.].
(b) Treatment of information
For purposes of the exchange described in subsection (a)(1) of
this section, the data described in subsection (a)(1)(B)(ii) of
this section shall not be considered return information (as defined
in section 6103(b)(2) of title 26) and, as appropriate, the
confidentiality of all client information shall be maintained by
the Rehabilitation Services Administration and the Social Security
Administration.

-SOURCE-
(Pub. L. 93-112, title I, Sec. 131, as added Pub. L. 105-220, title
IV, Sec. 404, Aug. 7, 1998, 112 Stat. 1167.)

-REFTEXT-
REFERENCES IN TEXT
The Workforce Investment Act of 1998, referred to in subsec.
(a)(2), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
amended. Title I of the Act is classified principally to chapter 30
(Sec. 2801 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
9201 of Title 20, Education, and Tables.

-MISC1-
PRIOR PROVISIONS
A prior section 751, Pub. L. 93-112, title I, Sec. 131, as added
Pub. L. 95-602, title I, Sec. 106, Nov. 6, 1978, 92 Stat. 2961, and
amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986,
100 Stat. 1810, directed Secretary to submit to Congress, not less
than thirty months after Nov. 6, 1978, an evaluation of programs
conducted under part D of former subchapter I of this chapter,
prior to repeal by Pub. L. 99-506, title X, Sec. 1002(b)(2)(A),
Oct. 21, 1986, 100 Stat. 1844.
A prior section 752, Pub. L. 93-112, title I, Sec. 131, formerly
Sec. 132, as added Pub. L. 99-506, title II, Sec. 212(a), Oct. 21,
1986, 100 Stat. 1820; renumbered Sec. 132, Pub. L. 100-630, title
II, Sec. 202(j), Nov. 7, 1988, 102 Stat. 3307, provided for study
on special problems and needs of Indians with handicaps both on and
off the reservation, prior to repeal by Pub. L. 102-569, title I,
Sec. 135(a), Oct. 29, 1992, 106 Stat. 4396.
Prior sections 753 and 753a were omitted in the general amendment
of this subchapter by Pub. L. 105-220.
Section 753, Pub. L. 93-112, title I, Sec. 140, as added Pub. L.
103-73, title I, Sec. 108, Aug. 11, 1993, 107 Stat. 724, related to
review of data collection and reporting system.
Section 753a, Pub. L. 93-112, title I, Sec. 141, as added Pub. L.
103-73, title I, Sec. 108, Aug. 11, 1993, 107 Stat. 725, related to
exchange of data.

-End-

-CITE-
29 USC SUBCHAPTER II - RESEARCH AND TRAINING 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-
SUBCHAPTER II - RESEARCH AND TRAINING

-COD-
CODIFICATION
Title II of the Rehabilitation Act of 1973, comprising this
subchapter, was originally enacted by Pub. L. 93-112, title II,
Sept. 26, 1973, 87 Stat. 374, and amended by Pub. L. 93-516, Dec.
7, 1974, 88 Stat. 1617; Pub. L. 93-651, Nov. 21, 1974, 89 Stat. 2-
3; Pub. L. 94-230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 95-602,
Nov. 6, 1978, 92 Stat. 2955; Pub. L. 96-88, Oct. 17, 1979, 93 Stat.
668; Pub. L. 98-221, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99-506,
Oct. 21, 1986, 100 Stat. 1807; Pub. L. 100-630, Nov. 7, 1988, 102
Stat. 3289; Pub. L. 102-52, June 6, 1991, 105 Stat. 260; Pub. L.
102-54, June 13, 1991, 105 Stat. 267; Pub. L. 102-569, Oct. 29,
1992, 106 Stat. 4344; Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718;
Pub. L. 103-218, Mar. 9, 1994, 108 Stat. 50; Pub. L. 103-382, Oct.
20, 1994, 108 Stat. 3518. Title II is shown herein, however, as
having been added by Pub. L. 105-220, title IV, Sec. 405, Aug. 7,
1998, 112 Stat. 1167, without reference to those intervening
amendments because of the extensive revision of title II by Pub. L.
105-220.

-End-

-CITE-
29 USC Sec. 760 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-
Sec. 760. Declaration of purpose

-STATUTE-
The purpose of this subchapter is to -
(1) provide for research, demonstration projects, training, and
related activities to maximize the full inclusion and integration
into society, employment, independent living, family support, and
economic and social self-sufficiency of individuals with
disabilities of all ages, with particular emphasis on improving
the effectiveness of services authorized under this chapter;
(2) provide for a comprehensive and coordinated approach to the
support and conduct of such research, demonstration projects,
training, and related activities and to ensure that the approach
is in accordance with the 5-year plan developed under section
762(h) of this title;
(3) promote the transfer of rehabilitation technology to
individuals with disabilities through research and demonstration
projects relating to -
(A) the procurement process for the purchase of
rehabilitation technology;
(B) the utilization of rehabilitation technology on a
national basis;
(C) specific adaptations or customizations of products to
enable individuals with disabilities to live more
independently; and
(D) the development or transfer of assistive technology;

(4) ensure the widespread distribution, in usable formats, of
practical scientific and technological information -
(A) generated by research, demonstration projects, training,
and related activities; and
(B) regarding state-of-the-art practices, improvements in the
services authorized under this chapter, rehabilitation
technology, and new knowledge regarding disabilities,

to rehabilitation professionals, individuals with disabilities,
and other interested parties, including the general public;
(5) identify effective strategies that enhance the
opportunities of individuals with disabilities to engage in
employment, including employment involving telecommuting and self-
employment; and
(6) increase opportunities for researchers who are members of
traditionally underserved populations, including researchers who
are members of minority groups and researchers who are
individuals with disabilities.

-SOURCE-
(Pub. L. 93-112, title II, Sec. 200, as added Pub. L. 105-220,
title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1167; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-
PRIOR PROVISIONS
A prior section 760, Pub. L. 93-112, title II, Sec. 200, Sept.
26, 1973, 87 Stat. 374; Pub. L. 95-602, title I, Sec. 107, Nov. 6,
1978, 92 Stat. 2962; Pub. L. 99-506, title I, Sec. 103(d)(2)(C),
Oct. 21, 1986, 100 Stat. 1810; Pub. L. 102-569, title II, Sec. 201,
Oct. 29, 1992, 106 Stat. 4398, contained congressional declaration
of purpose, prior to the general amendment of this subchapter by
Pub. L. 105-220.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to directory
language of Pub. L. 105-220, Sec. 405, which enacted this section.

-End-

-CITE-
29 USC Sec. 761 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-
Sec. 761. Authorization of appropriations

-STATUTE-
(a) There are authorized to be appropriated -
(1) for the purpose of providing for the expenses of the
National Institute on Disability and Rehabilitation Research
under section 762 of this title, which shall include the expenses
of the Rehabilitation Research Advisory Council under section 765
of this title, and shall not include the expenses of such
Institute to carry out section 764 of this title, such sums as
may be necessary for each of fiscal years 1999 through 2003; and
(2) to carry out section 764 of this title, such sums as may be
necessary for each of fiscal years 1999 through 2003.

(b) Funds appropriated under this subchapter shall remain
available until expended.

-SOURCE-
(Pub. L. 93-112, title II, Sec. 201, as added Pub. L. 105-220,
title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1168; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-412.)

-MISC1-
PRIOR PROVISIONS
Prior sections 761 to 761b were omitted in the general amendment
of this subchapter by Pub. L. 105-220.
Section 761, Pub. L. 93-112, title II, Sec. 201, Sept. 26, 1973,
87 Stat. 374; Pub. L. 93-516, title I, Sec. 103, Dec. 7, 1974, 88
Stat. 1618; Pub. L. 93-651, title I, Sec. 103, Nov. 21, 1974, 89
Stat. 2-3; Pub. L. 94-230, Secs. 3, 11(b)(5), (6), Mar. 15, 1976,
90 Stat. 211, 213; Pub. L. 95-602, title I, Sec. 108, Nov. 6, 1978,
92 Stat. 2962; Pub. L. 98-221, title I, Sec. 121, Feb. 22, 1984, 98
Stat. 23; Pub. L. 99-506, title III, Sec. 301, Oct. 21, 1986, 100
Stat. 1820; Pub. L. 100-630, title II, Sec. 203(a), Nov. 7, 1988,
102 Stat. 3307; Pub. L. 102-52, Sec. 3, June 6, 1991, 105 Stat.
260; Pub. L. 102-569, title II, Sec. 202, Oct. 29, 1992, 106 Stat.
4398, authorized appropriations.
Section 761a, Pub. L. 93-112, title II, Sec. 202, as added Pub.
L. 95-602, title I, Sec. 109(4), Nov. 6, 1978, 92 Stat. 2963;
amended Pub. L. 98-221, title I, Secs. 104(a)(4), (b)(1), 122, Feb.
22, 1984, 98 Stat. 18, 23; Pub. L. 99-506, title I, Sec.
103(d)(2)(C), title III, Secs. 302, 303, title X, Secs. 1001(c),
1002(c), Oct. 21, 1986, 100 Stat. 1810, 1820, 1821, 1842, 1844;
Pub. L. 100-630, title II, Sec. 203(b), Nov. 7, 1988, 102 Stat.
3307; Pub. L. 102-54, Sec. 13(k)(1)(A), June 13, 1991, 105 Stat.
276; Pub. L. 102-569, title I, Sec. 102(p)(12), title II, Sec. 203,
Oct. 29, 1992, 106 Stat. 4357, 4399; Pub. L. 103-73, title I, Secs.
102(4), 109(a), Aug. 11, 1993, 107 Stat. 718, 725; Pub. L. 103-218,
title IV, Sec. 402(a), Mar. 9, 1994, 108 Stat. 96; Pub. L. 103-382,
title III, Sec. 394(i)(1), Oct. 20, 1994, 108 Stat. 4028, related
to National Institute on Disability and Rehabilitation Research.
See section 762 of this title.
Section 761b, Pub. L. 93-112, title II, Sec. 203, as added Pub.
L. 95-602, title I, Sec. 109(4), Nov. 6, 1978, 92 Stat. 2965;
amended Pub. L. 96-88, title V, Sec. 508(m)(1), Oct. 17, 1979, 93
Stat. 694; Pub. L. 98-221, title I, Sec. 104(b)(2), Feb. 22, 1984,
98 Stat. 18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title III,
Sec. 304, Oct. 21, 1986, 100 Stat. 1810, 1822; Pub. L. 100-630,
title II, Sec. 203(c), Nov. 7, 1988, 102 Stat. 3307; Pub. L. 102-
54, Sec. 13(k)(1)(B), June 13, 1991, 105 Stat. 276; Pub. L. 102-
569, title I, Sec. 102(p)(13), title II, Sec. 204, Oct. 29, 1992,
106 Stat. 4358, 4403, related to Interagency Committee on
Disability Research. See section 763 of this title.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to directory
language of Pub. L. 105-220, Sec. 405, which enacted this section.

-End-

-CITE-
29 USC Sec. 762 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-
Sec. 762. National Institute on Disability and Rehabilitation
Research

-STATUTE-
(a) Establishment; Director as principal officer
(1) There is established within the Department of Education a
National Institute on Disability and Rehabilitation Research
(hereinafter in this subchapter referred to as the "Institute"),
which shall be headed by a Director (hereinafter in this subchapter
referred to as the "Director"), in order to -
(A) promote, coordinate, and provide for -
(i) research;
(ii) demonstration projects and training; and
(iii) related activities,

with respect to individuals with disabilities;
(B) more effectively carry out activities through the programs
under section 764 of this title and activities under this
section;
(C) widely disseminate information from the activities
described in subparagraphs (A) and (B); and
(D) provide leadership in advancing the quality of life of
individuals with disabilities.

(2) In the performance of the functions of the office, the
Director shall be directly responsible to the Secretary or to the
same Under Secretary or Assistant Secretary of the Department of
Education to whom the Commissioner is responsible under section
702(a) of this title.
(b) Duties of Director
The Director, through the Institute, shall be responsible for -
(1) administering the programs described in section 764 of this
title and activities under this section;
(2) widely disseminating findings, conclusions, and
recommendations, resulting from research, demonstration projects,
training, and related activities (referred to in this subchapter
as "covered activities") funded by the Institute, to -
(A) other Federal, State, tribal, and local public agencies;
(B) private organizations engaged in research relating to
rehabilitation or providing rehabilitation services;
(C) rehabilitation practitioners; and
(D) individuals with disabilities and the individuals'
representatives;

(3) coordinating, through the Interagency Committee established
by section 763 of this title, all Federal programs and policies
relating to research in rehabilitation;
(4) widely disseminating educational materials and research
results, concerning ways to maximize the full inclusion and
integration into society, employment, independent living, family
support, and economic and social self-sufficiency of individuals
with disabilities, to -
(A) public and private entities, including -
(i) elementary and secondary schools (as defined in section
7801 of title 20; (!1) and

(ii) institutions of higher education;

(B) rehabilitation practitioners;
(C) individuals with disabilities (especially such
individuals who are members of minority groups or of
populations that are unserved or underserved by programs under
this chapter); and
(D) the individuals' representatives for the individuals
described in subparagraph (C);

(5)(A) conducting an education program to inform the public
about ways of providing for the rehabilitation of individuals
with disabilities, including information relating to -
(i) family care;
(ii) self-care; and
(iii) assistive technology devices and assistive technology
services; and

(B) as part of the program, disseminating engineering
information about assistive technology devices;
(6) conducting conferences, seminars, and workshops (including
in-service training programs and programs for individuals with
disabilities) concerning advances in rehabilitation research and
rehabilitation technology (including advances concerning the
selection and use of assistive technology devices and assistive
technology services), pertinent to the full inclusion and
integration into society, employment, independent living, family
support, and economic and social self-sufficiency of individuals
with disabilities;
(7) taking whatever action is necessary to keep the Congress
fully and currently informed with respect to the implementation
and conduct of programs and activities carried out under this
subchapter, including dissemination activities;
(8) producing, in conjunction with the Department of Labor, the
National Center for Health Statistics, the Bureau of the Census,
the Centers for Medicare & Medicaid Services, the Social Security
Administration, the Bureau of Indian Affairs, the Indian Health
Service, and other Federal departments and agencies, as may be
appropriate, statistical reports and studies on the employment,
self-employment, telecommuting, health, income, and other
demographic characteristics of individuals with disabilities,
including information on individuals with disabilities who live
in rural or inner-city settings, with particular attention given
to underserved populations, and widely disseminating such reports
and studies to rehabilitation professionals, individuals with
disabilities, the individuals' representatives, and others to
assist in the planning, assessment, and evaluation of vocational
and other rehabilitation services for individuals with
disabilities;
(9) conducting research on consumer satisfaction with
vocational rehabilitation services for the purpose of identifying
effective rehabilitation programs and policies that promote the
independence of individuals with disabilities and achievement of
long-term vocational goals;
(10) conducting research to examine the relationship between
the provision of specific services and successful, sustained
employment outcomes, including employment outcomes involving self-
employment and telecommuting; and
(11) coordinating activities with the Attorney General
regarding the provision of information, training, or technical
assistance regarding the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) to ensure consistency with the plan for
technical assistance required under section 506 of such Act (42
U.S.C. 12206).
(c) Development and dissemination of models
(1) The Director, acting through the Institute or one or more
entities funded by the Institute, shall provide for the development
and dissemination of models to address consumer-driven information
needs related to assistive technology devices and assistive
technology services.
(2) The development and dissemination of models may include -
(A) convening groups of individuals with disabilities, family
members and advocates of such individuals, commercial producers
of assistive technology, and entities funded by the Institute to
develop, assess, and disseminate knowledge about information
needs related to assistive technology;
(B) identifying the types of information regarding assistive
technology devices and assistive technology services that
individuals with disabilities find especially useful;
(C) evaluating current models, and developing new models, for
transmitting the information described in subparagraph (B) to
consumers and to commercial producers of assistive technology;
and
(D) disseminating through one or more entities funded by the
Institute, the models described in subparagraph (C) and findings
regarding the information described in subparagraph (B) to
consumers and commercial producers of assistive technology.
(d) Appointment of Director; employment of technical and
professional personnel; consultants
(1) The Director of the Institute shall be appointed by the
Secretary. The Director shall be an individual with substantial
experience in rehabilitation and in research administration.
(2) The Director, subject to the approval of the President, may
appoint, for terms not to exceed three years, without regard to the
provisions of title 5 governing appointment in the competitive
service, and may compensate, without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates, such technical
and professional employees of the Institute as the Director
determines to be necessary to accomplish the functions of the
Institute and also appoint and compensate without regard to such
provisions, in a number not to exceed one-fifth of the number of
full-time, regular technical and professional employees of the
Institute.
(3) The Director may obtain the services of consultants, without
regard to the provisions of title 5 governing appointments in the
competitive service.
(e) Fellowships
The Director, pursuant to regulations which the Secretary shall
prescribe, may establish and maintain fellowships with such
stipends and allowances, including travel and subsistence expenses
provided for under title 5, as the Director considers necessary to
procure the assistance of highly qualified research fellows,
including individuals with disabilities, from the United States and
foreign countries.
(f) Scientific peer review of research, training, and demonstration
projects
(1) The Director shall provide for scientific peer review of all
applications for financial assistance for research, training, and
demonstration projects over which the Director has authority. The
scientific peer review shall be conducted by individuals who are
not Federal employees, who are scientists or other experts in the
rehabilitation field (including the independent living field),
including knowledgeable individuals with disabilities, and the
individuals' representatives, and who are competent to review
applications for the financial assistance.
(2) In providing for such scientific peer review, the Secretary
shall provide for training, as necessary and appropriate, to
facilitate the effective participation of those individuals
selected to participate in such review.
(g) Use of funds
Not less than 90 percent of the funds appropriated under this
subchapter for any fiscal year shall be expended by the Director to
carry out activities under this subchapter through grants,
contracts, or cooperative agreements. Up to 10 percent of the funds
appropriated under this subchapter for any fiscal year may be
expended directly for the purpose of carrying out the functions of
the Director under this section.
(h) 5-year plan
(1) The Director shall -
(A) by October 1, 1998, and every fifth October 1 thereafter,
prepare and publish in the Federal Register for public comment a
draft of a 5-year plan that outlines priorities for
rehabilitation research, demonstration projects, training, and
related activities and explains the basis for such priorities;
(B) by June 1, 1999, and every fifth June 1 thereafter, after
considering public comments, submit the plan in final form to the
appropriate committees of Congress;
(C) at appropriate intervals, prepare and submit revisions in
the plan to the appropriate committees of Congress; and
(D) annually prepare and submit progress reports on the plan to
the appropriate committees of Congress.

(2) Such plan shall -
(A) identify any covered activity that should be conducted
under this section and section 764 of this title respecting the
full inclusion and integration into society of individuals with
disabilities, especially in the area of employment;
(B) determine the funding priorities for covered activities to
be conducted under this section and section 764 of this title;
(C) specify appropriate goals and timetables for covered
activities to be conducted under this section and section 764 of
this title;
(D) be developed by the Director -
(i) after consultation with the Rehabilitation Research
Advisory Council established under section 765 of this title;
(ii) in coordination with the Commissioner;
(iii) after consultation with the National Council on
Disability established under subchapter IV of this chapter, the
Secretary of Education, officials responsible for the
administration of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.], and the
Interagency Committee on Disability Research established under
section 763 of this title; and
(iv) after full consideration of the input of individuals
with disabilities and the individuals' representatives,
organizations representing individuals with disabilities,
providers of services furnished under this chapter, researchers
in the rehabilitation field, and any other persons or entities
the Director considers to be appropriate;

(E) specify plans for widespread dissemination of the results
of covered activities, in accessible formats, to rehabilitation
practitioners, individuals with disabilities, and the
individuals' representatives; and
(F) specify plans for widespread dissemination of the results
of covered activities that concern individuals with disabilities
who are members of minority groups or of populations that are
unserved or underserved by programs carried out under this
chapter.
(i) Cooperation and consultation with other agencies and
departments on design of research programs
In order to promote cooperation among Federal departments and
agencies conducting research programs, the Director shall consult
with the administrators of such programs, and with the Interagency
Committee established by section 763 of this title, regarding the
design of research projects conducted by such entities and the
results and applications of such research.
(j) Comprehensive and coordinated research program; interagency
cooperation; research and training center
(1) The Director shall take appropriate actions to provide for a
comprehensive and coordinated research program under this
subchapter. In providing such a program, the Director may undertake
joint activities with other Federal entities engaged in research
and with appropriate private entities. Any Federal entity proposing
to establish any research project related to the purposes of this
chapter shall consult, through the Interagency Committee
established by section 763 of this title, with the Director as
Chairperson of such Committee and provide the Director with
sufficient prior opportunity to comment on such project.
(2) Any person responsible for administering any program of the
National Institutes of Health, the Department of Veterans Affairs,
the National Science Foundation, the National Aeronautics and Space
Administration, the Office of Special Education and Rehabilitative
Services, or of any other Federal entity, shall, through the
Interagency Committee established by section 763 of this title,
consult and cooperate with the Director in carrying out such
program if the program is related to the purposes of this
subchapter.
(3) The Director shall support, directly or by grant or contract,
a center associated with an institution of higher education, for
research and training concerning the delivery of vocational
rehabilitation services to rural areas.
(k) Grants for training
The Director shall make grants to institutions of higher
education for the training of rehabilitation researchers, including
individuals with disabilities, with particular attention to
research areas that support the implementation and objectives of
this chapter and that improve the effectiveness of services
authorized under this chapter.

-SOURCE-
(Pub. L. 93-112, title II, Sec. 202, as added Pub. L. 105-220,
title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1168; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-412; Pub. L. 106-402, title IV, Sec.
401(b)(3)(B), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 107-110, title
X, Sec. 1076(u)(1), Jan. 8, 2002, 115 Stat. 2092; Pub. L. 108-173,
title IX, Sec. 900(e)(6)(A), Dec. 8, 2003, 117 Stat. 2373.)

-REFTEXT-
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in
subsec. (b)(11), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
as amended, which is classified principally to chapter 126 (Sec.
12101 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title
note set out under section 12101 of Title 42 and Tables.
The provisions of title 5 governing appointments in the
competitive service, referred to in subsec. (d)(2), (3), are
classified generally to section 3301 et seq. of Title 5, Government
Organization and Employees.
The Developmental Disabilities Assistance and Bill of Rights Act
of 2000, referred to in subsec. (h)(2)(D)(iii), is Pub. L. 106-402,
Oct. 30, 2000, 114 Stat. 1677, which is classified principally to
chapter 144 (Sec. 15001 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 15001 of Title 42 and
Tables.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 761a
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 762, Pub. L. 93-112, title II, Sec. 204, formerly
Sec. 202, Sept. 26, 1973, 87 Stat. 375, amended Pub. L. 93-516,
title I, Sec. 111(h), Dec. 7, 1974, 88 Stat. 1621; Pub. L. 93-651,
title I, Sec. 111(h), Nov. 21, 1974, 89 Stat. 2-6; renumbered and
amended Pub. L. 95-602, title I, Secs. 109(3), 110, 111, Nov. 6,
1978, 92 Stat. 2963, 2966; Pub. L. 98-221, title I, Secs.
104(a)(5), 123, Feb. 22, 1984, 98 Stat. 18, 24; Pub. L. 99-506,
title I, Sec. 103(d)(2)(C), (h)(2), title III, Secs. 302(b), 305,
Oct. 21, 1986, 100 Stat. 1810, 1811, 1821, 1822; Pub. L. 100-630,
title II, Sec. 203(d), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102-
569, title I, Sec. 102(p)(14), title II, Sec. 205, Oct. 29, 1992,
106 Stat. 4358, 4403; Pub. L. 103-73, title I, Sec. 109(b), Aug.
11, 1993, 107 Stat. 726, related to research, prior to the general
amendment of this subchapter by Pub. L. 105-220. See section 764 of
this title.

AMENDMENTS
2003 - Subsec. (b)(8). Pub. L. 108-173 substituted "Centers for
Medicare & Medicaid Services" for "Health Care Financing
Administration".
2002 - Subsec. (b)(4)(A)(i). Pub. L. 107-110 substituted "7801"
for "8801".
2000 - Subsec. (h)(2)(D)(iii). Pub. L. 106-402 substituted
"Developmental Disabilities Assistance and Bill of Rights Act of
2000" for "Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6000 et seq.)".
1998 - Pub. L. 105-277 made technical amendment to directory
language of Pub. L. 105-220, Sec. 405, which enacted this section.

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive
programs, see section 5 of Pub. L. 107-110, set out as an Effective
Date note under section 6301 of Title 20, Education.

REFERENCES TO NATIONAL INSTITUTE OF HANDICAPPED RESEARCH AMENDED OR
DEEMED TO BE REFERENCES TO NATIONAL INSTITUTE ON DISABILITY AND
REHABILITATION RESEARCH
Pub. L. 99-506, title III, Sec. 302(b), Oct. 21, 1986, 100 Stat.
1821, provided that: "The Act [this chapter] is amended by striking
out 'National Institute of Handicapped Research' each place it
appears in the Act (including the table of contents) and inserting
in lieu thereof 'National Institute on Disability and
Rehabilitation Research'. Any reference in any other provision of
law to the 'National Institute of Handicapped Research' shall be
considered to be a reference to the 'National Institute on
Disability and Rehabilitation Research'."

-FOOTNOTE-
(!1) So in original. A closing parenthesis probably should precede
the semicolon.

-End-

-CITE-
29 USC Sec. 762a 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-
Sec. 762a. Research and demonstration projects

-STATUTE-
(a) Multiple and interrelated service needs of individuals with
handicaps; report to Congress
The Secretary of Education is authorized to make grants to, and
to enter into contract with, public and nonprofit agencies and
organizations for the purpose of research and demonstration
projects specifically designed to address the multiple and
interrelated service needs of individuals with handicaps, the
elderly, and children, youths, adults, and families. A report
evaluating each project funded under this section shall be
submitted to appropriate committees of the Congress within four
months after the date each such project is completed.
(b) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as may be necessary.
No funds other than those appropriated pursuant to this
subsection can be used for the conduct of research specifically
authorized by this section.
(c) Study on impact of vocational rehabilitation services;
transmittal to Congress
Within one year after the date appropriations are made under
subsection (b) of this section for purposes of research and
demonstration projects under subsection (a) of this section, the
Secretary shall prepare and transmit to the Congress a study
concerning the impact of vocational rehabilitation services
provided under the Rehabilitation Act of 1973 [29 U.S.C. 701 et
seq.] on recipients of disability payments under titles II and XVI
of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.].
The study shall examine the relationship between the vocational
rehabilitation services provided under the Rehabilitation Act of
1973 and the programs under sections 222 and 1615 of the Social
Security Act [42 U.S.C. 422, 1382d], and shall include -
(1) an analysis of the savings in disability benefit payments
under titles II and XVI of the Social Security Act as a result of
the provision of vocational rehabilitation services under the
Rehabilitation Act of 1973;
(2) a specification of the rate of return to the active labor
force by recipients of services under sections 222 and 1615 of
the Social Security Act;
(3) a specification of the total amount of expenditures, in the
five fiscal years preceding the date of submission of the report,
for vocational rehabilitation services under the Rehabilitation
Act of 1973 and under sections 222 and 1615 of the Social
Security Act, and recommendations for the coordinated
presentation of such expenditures in the Budget submitted by the
President pursuant to section 1105 of title 31; and
(4) recommendations to improve the coordination of services
under the Rehabilitation Act of 1973 with programs under sections
222 and 1615 of the Social Security Act, including
recommendations for increasing savings in disability benefits
payments and the rate of return to the active labor force by
recipients of services under sections 222 and 1615 of the Social
Security Act.

-SOURCE-
(Pub. L. 95-602, title IV, Sec. 401, Nov. 6, 1978, 92 Stat. 3002;
Pub. L. 98-221, title I, Sec. 104(c)(1), Feb. 22, 1984, 98 Stat.
18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986, 100
Stat. 1810.)

-REFTEXT-
REFERENCES IN TEXT
The Rehabilitation Act of 1973, referred to in subsec. (c), is
Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
classified generally to this chapter (Sec. 701 et seq.). For
complete classification of this Act to the Code, see Short Title
note set out under section 701 of this title and Tables.
The Social Security Act, referred to in subsec. (c), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of
the Social Security Act are classified generally to subchapters II
(Sec. 401 et seq.) and XVI (Sec. 1381 et seq.), respectively, of
chapter 7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.

-COD-
CODIFICATION
In subsec. (c)(3), "section 1105 of title 31" was substituted for
"section 201 of the Budget and Accounting Act, 1921 [31 U.S.C. 11]"
on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
Section was enacted as part of the Rehabilitation, Comprehensive
Services, and Developmental Disabilities Amendments of 1978, and
not as part of Rehabilitation Act of 1973 which comprises this
chapter.

-MISC1-
AMENDMENTS
1986 - Subsec. (a). Pub. L. 99-506 substituted "individuals with
handicaps" for "handicapped individuals".
1984 - Subsec. (a). Pub. L. 98-221 substituted "Secretary of
Education" for "Secretary of Health, Education, and Welfare".

-End-

-CITE-
29 USC Sec. 763 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-
Sec. 763. Interagency Committee

-STATUTE-
(a) Establishment; membership; meetings
(1) In order to promote coordination and cooperation among
Federal departments and agencies conducting rehabilitation research
programs, including programs relating to assistive technology
research and research that incorporates the principles of universal
design, there is established within the Federal Government an
Interagency Committee on Disability Research (hereinafter in this
section referred to as the "Committee"), chaired by the Director
and comprised of such members as the President may designate,
including the following (or their designees): the Director, the
Commissioner of the Rehabilitation Services Administration, the
Assistant Secretary for Special Education and Rehabilitative
Services, the Secretary of Education, the Secretary of Veterans
Affairs, the Director of the National Institutes of Health, the
Director of the National Institute of Mental Health, the
Administrator of the National Aeronautics and Space Administration,
the Secretary of Transportation, the Assistant Secretary of the
Interior for Indian Affairs, the Director of the Indian Health
Service, and the Director of the National Science Foundation.
(2) The Committee shall meet not less than four times each year.
(b) Duties
(1) After receiving input from targeted individuals, the
Committee shall identify, assess, and seek to coordinate all
Federal programs, activities, and projects, and plans for such
programs, activities, and projects with respect to the conduct of
research (including assistive technology research and research that
incorporates the principles of universal design) related to
rehabilitation of individuals with disabilities.
(2) In carrying out its duties with respect to the conduct of
Federal research (including assistive technology research and
research that incorporates the principles of universal design)
related to rehabilitation of individuals with disabilities, the
Committee shall -
(A) share information regarding the range of assistive
technology research, and research that incorporates the
principles of universal design, that is being carried out by
members of the Committee and other Federal departments and
organizations;
(B) identify, and make efforts to address, gaps in assistive
technology research and research that incorporates the principles
of universal design that are not being adequately addressed;
(C) identify, and establish, clear research priorities related
to assistive technology research and research that incorporates
the principles of universal design for the Federal Government;
(D) promote interagency collaboration and joint research
activities relating to assistive technology research and research
that incorporates the principles of universal design at the
Federal level, and reduce unnecessary duplication of effort
regarding these types of research within the Federal Government;
and
(E) optimize the productivity of Committee members through
resource sharing and other cost-saving activities, related to
assistive technology research and research that incorporates the
principles of universal design.
(c) Annual report
Not later than December 31 of each year, the Committee shall
prepare and submit, to the President and to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate, a report that
-
(1) describes the progress of the Committee in fulfilling the
duties described in subsection (b) of this section;
(2) makes such recommendations as the Committee determines to
be appropriate with respect to coordination of policy and
development of objectives and priorities for all Federal programs
relating to the conduct of research (including assistive
technology research and research that incorporates the principles
of universal design) related to rehabilitation of individuals
with disabilities; and
(3) describes the activities that the Committee recommended to
be funded through grants, contracts, cooperative agreements, and
other mechanisms, for assistive technology research and
development and research and development that incorporates the
principles of universal design.
(d) Recommendations
(1) In order to promote coordination and cooperation among
Federal departments and agencies conducting assistive technology
research programs, to reduce duplication of effort among the
programs, and to increase the availability of assistive technology
for individuals with disabilities, the Committee may recommend
activities to be funded through grants, contracts or cooperative
agreements, or other mechanisms -
(A) in joint research projects for assistive technology
research and research that incorporates the principles of
universal design; and
(B) in other programs designed to promote a cohesive, strategic
Federal program of research described in subparagraph (A).

(2) The projects and programs described in paragraph (1) shall be
jointly administered by at least 2 agencies or departments with
representatives on the Committee.
(3) In recommending activities to be funded in the projects and
programs, the Committee shall obtain input from targeted
individuals, and other organizations and individuals the Committee
determines to be appropriate, concerning the availability and
potential of technology for individuals with disabilities.
(e) Definitions
In this section -
(1) the terms "assistive technology" and "universal design"
have the meanings given the terms in section 3002 of this title;
and
(2) the term "targeted individuals" has the meaning given the
term "targeted individuals and entities" in section 3002 of this
title.

-SOURCE-
(Pub. L. 93-112, title II, Sec. 203, as added Pub. L. 105-220,
title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1173; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-412; Pub. L. 105-394, title II, Sec.
201, Nov. 13, 1998, 112 Stat. 3651; Pub. L. 108-364, Sec. 3(b)(1),
Oct. 25, 2004, 118 Stat. 1737.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 761b
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 763, Pub. L. 93-112, title II, Sec. 203, Sept.
26, 1973, 87 Stat. 376, relating to making of grants and contracts
for training of personnel involved in vocational services to
handicapped individuals, was renumbered section 304 of Pub. L. 93-
112 and transferred to section 774 of this title.

AMENDMENTS
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, Sec. 405, which enacted this section.
Subsec. (a)(1). Pub. L. 105-394, Sec. 201(1), inserted "including
programs relating to assistive technology research and research
that incorporates the principles of universal design," after
"programs,".
Subsec. (b). Pub. L. 105-394, Sec. 201(2), designated existing
provisions as par. (1), substituted "targeted individuals" for
"individuals with disabilities and the individuals'
representatives", inserted "(including assistive technology
research and research that incorporates the principles of universal
design)" after "research", and added par. (2).
Subsec. (c). Pub. L. 105-394, Sec. 201(3), added subsec. (c) and
struck out former subsec. (c) which read as follows: "The Committee
shall annually submit to the President and to the appropriate
committees of the Congress a report making such recommendations as
the Committee deems appropriate with respect to coordination of
policy and development of objectives and priorities for all Federal
programs relating to the conduct of research related to
rehabilitation of individuals with disabilities."
Subsecs. (d), (e). Pub. L. 105-394, Sec. 201(4), added subsecs.
(d) and (e).

-CHANGE-
CHANGE OF NAME
Committee on Labor and Human Resources of Senate changed to
Committee on Health, Education, Labor, and Pensions of Senate by
Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
1999.

-End-

-CITE-
29 USC Sec. 764 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-
Sec. 764. Research and other covered activities

-STATUTE-
(a) Federal grants and contracts for certain research projects and
related activities
(1) To the extent consistent with priorities established in the 5-
year plan described in section 762(h) of this title, the Director
may make grants to and contracts with States and public or private
agencies and organizations, including institutions of higher
education, Indian tribes, and tribal organizations, to pay part of
the cost of projects for the purpose of planning and conducting
research, demonstration projects, training, and related activities,
the purposes of which are to develop methods, procedures, and
rehabilitation technology, that maximize the full inclusion and
integration into society, employment, independent living, family
support, and economic and social self-sufficiency of individuals
with disabilities, especially individuals with the most significant
disabilities, and improve the effectiveness of services authorized
under this chapter.
(2)(A) In carrying out this section, the Director shall emphasize
projects that support the implementation of subchapters I, III, V,
VI, and VII of this chapter, including projects addressing the
needs described in the State plans submitted under section 721 or
796c of this title by State agencies.
(B) Such projects, as described in the State plans submitted by
State agencies, may include -
(i) medical and other scientific, technical, methodological,
and other investigations into the nature of disability, methods
of analyzing it, and restorative techniques, including basic
research where related to rehabilitation techniques or services;
(ii) studies and analysis of industrial, vocational, social,
recreational, psychiatric, psychological, economic, and other
factors affecting rehabilitation of individuals with
disabilities;
(iii) studies and analysis of special problems of individuals
who are homebound and individuals who are institutionalized;
(iv) studies, analyses, and demonstrations of architectural and
engineering design adapted to meet the special needs of
individuals with disabilities;
(v) studies, analyses, and other activities related to
supported employment;
(vi) related activities which hold promise of increasing
knowledge and improving methods in the rehabilitation of
individuals with disabilities and individuals with the most
significant disabilities, particularly individuals with
disabilities, and individuals with the most significant
disabilities, who are members of populations that are unserved or
underserved by programs under this chapter; and
(vii) studies, analyses, and other activities related to job
accommodations, including the use of rehabilitation engineering
and assistive technology.
(b) Research grants
(1) In addition to carrying out projects under subsection (a) of
this section, the Director may make grants under this subsection
(referred to in this subsection as "research grants") to pay part
or all of the cost of the research or other specialized covered
activities described in paragraphs (2) through (18). A research
grant made under any of paragraphs (2) through (18) may only be
used in a manner consistent with priorities established in the 5-
year plan described in section 762(h) of this title.
(2)(A) Research grants may be used for the establishment and
support of Rehabilitation Research and Training Centers, for the
purpose of providing an integrated program of research, which
Centers shall -
(i) be operated in collaboration with institutions of higher
education or providers of rehabilitation services or other
appropriate services; and
(ii) serve as centers of national excellence and national or
regional resources for providers and individuals with
disabilities and the individuals' representatives.

(B) The Centers shall conduct research and training activities by
-
(i) conducting coordinated and advanced programs of research in
rehabilitation targeted toward the production of new knowledge
that will improve rehabilitation methodology and service delivery
systems, alleviate or stabilize disabling conditions, and promote
maximum social and economic independence of individuals with
disabilities, especially promoting the ability of the individuals
to prepare for, secure, retain, regain, or advance in employment;
(ii) providing training (including graduate, pre-service, and
in-service training) to assist individuals to more effectively
provide rehabilitation services;
(iii) providing training (including graduate, pre-service, and
in-service training) for rehabilitation research personnel and
other rehabilitation personnel; and
(iv) serving as an informational and technical assistance
resource to providers, individuals with disabilities, and the
individuals' representatives, through conferences, workshops,
public education programs, in-service training programs, and
similar activities.

(C) The research to be carried out at each such Center may
include -
(i) basic or applied medical rehabilitation research;
(ii) research regarding the psychological and social aspects of
rehabilitation, including disability policy;
(iii) research related to vocational rehabilitation;
(iv) continuation of research that promotes the emotional,
social, educational, and functional growth of children who are
individuals with disabilities;
(v) continuation of research to develop and evaluate
interventions, policies, and services that support families of
those children and adults who are individuals with disabilities;
and
(vi) continuation of research that will improve services and
policies that foster the productivity, independence, and social
integration of individuals with disabilities, and enable
individuals with disabilities, including individuals with mental
retardation and other developmental disabilities, to live in
their communities.

(D) Training of students preparing to be rehabilitation personnel
shall be an important priority for such a Center.
(E) The Director shall make grants under this paragraph to
establish and support both comprehensive centers dealing with
multiple disabilities and centers primarily focused on particular
disabilities.
(F) Grants made under this paragraph may be used to provide funds
for services rendered by such a Center to individuals with
disabilities in connection with the research and training
activities.
(G) Grants made under this paragraph may be used to provide
faculty support for teaching -
(i) rehabilitation-related courses of study for credit; and
(ii) other courses offered by the Centers, either directly or
through another entity.

(H) The research and training activities conducted by such a
Center shall be conducted in a manner that is accessible to and
usable by individuals with disabilities.
(I) The Director shall encourage the Centers to develop practical
applications for the findings of the research of the Centers.
(J) In awarding grants under this paragraph, the Director shall
take into consideration the location of any proposed Center and the
appropriate geographic and regional allocation of such Centers.
(K) To be eligible to receive a grant under this paragraph, each
such institution or provider described in subparagraph (A) shall -
(i) be of sufficient size, scope, and quality to effectively
carry out the activities in an efficient manner consistent with
appropriate Federal and State law; and
(ii) demonstrate the ability to carry out the training
activities either directly or through another entity that can
provide such training.

(L) The Director shall make grants under this paragraph for
periods of 5 years, except that the Director may make a grant for a
period of less than 5 years if -
(i) the grant is made to a new recipient; or
(ii) the grant supports new or innovative research.

(M) Grants made under this paragraph shall be made on a
competitive basis. To be eligible to receive a grant under this
paragraph, a prospective grant recipient shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may require.
(N) In conducting scientific peer review under section 762(f) of
this title of an application for the renewal of a grant made under
this paragraph, the peer review panel shall take into account the
past performance of the applicant in carrying out the grant and
input from individuals with disabilities and the individuals'
representatives.
(O) An institution or provider that receives a grant under this
paragraph to establish such a Center may not collect more than 15
percent of the amount of the grant received by the Center in
indirect cost charges.
(3)(A) Research grants may be used for the establishment and
support of Rehabilitation Engineering Research Centers, operated by
or in collaboration with institutions of higher education or
nonprofit organizations, to conduct research or demonstration
activities, and training activities, regarding rehabilitation
technology, including rehabilitation engineering, assistive
technology devices, and assistive technology services, for the
purposes of enhancing opportunities for better meeting the needs
of, and addressing the barriers confronted by, individuals with
disabilities in all aspects of their lives.
(B) In order to carry out the purposes set forth in subparagraph
(A), such a Center shall carry out the research or demonstration
activities by -
(i) developing and disseminating innovative methods of applying
advanced technology, scientific achievement, and psychological
and social knowledge to -
(I) solve rehabilitation problems and remove environmental
barriers through planning and conducting research, including
cooperative research with public or private agencies and
organizations, designed to produce new scientific knowledge,
and new or improved methods, equipment, and devices; and
(II) study new or emerging technologies, products, or
environments, and the effectiveness and benefits of such
technologies, products, or environments;

(ii) demonstrating and disseminating -
(I) innovative models for the delivery, to rural and urban
areas, of cost-effective rehabilitation technology services
that promote utilization of assistive technology devices; and
(II) other scientific research to assist in meeting the
employment and independent living needs of individuals with
significant disabilities; or

(iii) conducting research or demonstration activities that
facilitate service delivery systems change by demonstrating,
evaluating, documenting, and disseminating -
(I) consumer responsive and individual and family-centered
innovative models for the delivery to both rural and urban
areas, of innovative cost-effective rehabilitation technology
services that promote utilization of rehabilitation technology;
and
(II) other scientific research to assist in meeting the
employment and independent living needs of, and addressing the
barriers confronted by, individuals with disabilities,
including individuals with significant disabilities.

(C) To the extent consistent with the nature and type of research
or demonstration activities described in subparagraph (B), each
Center established or supported through a grant made available
under this paragraph shall -
(i) cooperate with programs established under the Assistive
Technology Act of 1998 [29 U.S.C. 3001 et seq.] and other
regional and local programs to provide information to individuals
with disabilities and the individuals' representatives to -
(I) increase awareness and understanding of how
rehabilitation technology can address their needs; and
(II) increase awareness and understanding of the range of
options, programs, services, and resources available, including
financing options for the technology and services covered by
the area of focus of the Center;

(ii) provide training opportunities to individuals, including
individuals with disabilities, to become researchers of
rehabilitation technology and practitioners of rehabilitation
technology in conjunction with institutions of higher education
and nonprofit organizations; and
(iii) respond, through research or demonstration activities, to
the needs of individuals with all types of disabilities who may
benefit from the application of technology within the area of
focus of the Center.

(D)(i) In establishing Centers to conduct the research or
demonstration activities described in subparagraph (B)(iii), the
Director may establish one Center in each of the following areas of
focus:
(I) Early childhood services, including early intervention and
family support.
(II) Education at the elementary and secondary levels,
including transition from school to postschool activities.
(III) Employment, including supported employment, and
reasonable accommodations and the reduction of environmental
barriers as required by the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) and subchapter V of this chapter.
(IV) Independent living, including transition from
institutional to community living, maintenance of community
living on leaving the workforce, self-help skills, and activities
of daily living.

(ii) Each Center conducting the research or demonstration
activities described in subparagraph (B)(iii) shall have an
advisory committee, of which the majority of members are
individuals with disabilities who are users of rehabilitation
technology, and the individuals' representatives.
(E) Grants made under this paragraph shall be made on a
competitive basis and shall be for a period of 5 years, except that
the Director may make a grant for a period of less than 5 years if -

(i) the grant is made to a new recipient; or
(ii) the grant supports new or innovative research.

(F) To be eligible to receive a grant under this paragraph, a
prospective grant recipient shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director may require.
(G) Each Center established or supported through a grant made
available under this paragraph shall -
(i) cooperate with State agencies and other local, State,
regional, and national programs and organizations developing or
delivering rehabilitation technology, including State programs
funded under the Assistive Technology Act of 1998 [29 U.S.C. 3001
et seq.]; and
(ii) prepare and submit to the Director as part of an
application for continuation of a grant, or as a final report, a
report that documents the outcomes of the program of the Center
in terms of both short- and long-term impact on the lives of
individuals with disabilities, and such other information as may
be requested by the Director.

(4)(A) Research grants may be used to conduct a program for
spinal cord injury research, including conducting such a program by
making grants to public or private agencies and organizations to
pay part or all of the costs of special projects and demonstration
projects for spinal cord injuries, that will -
(i) ensure widespread dissemination of research findings among
all Spinal Cord Injury Centers, to rehabilitation practitioners,
individuals with spinal cord injury, the individuals'
representatives, and organizations receiving financial assistance
under this paragraph;
(ii) provide encouragement and support for initiatives and new
approaches by individual and institutional investigators; and
(iii) establish and maintain close working relationships with
other governmental and voluntary institutions and organizations
engaged in similar efforts in order to unify and coordinate
scientific efforts, encourage joint planning, and promote the
interchange of data and reports among spinal cord injury
investigations.

(B) Any agency or organization carrying out a project or
demonstration project assisted by a grant under this paragraph that
provides services to individuals with spinal cord injuries shall -
(i) establish, on an appropriate regional basis, a
multidisciplinary system of providing vocational and other
rehabilitation services, specifically designed to meet the
special needs of individuals with spinal cord injuries, including
acute care as well as periodic inpatient or outpatient followup
and services;
(ii) demonstrate and evaluate the benefits to individuals with
spinal cord injuries served in, and the degree of cost-
effectiveness of, such a regional system;
(iii) demonstrate and evaluate existing, new, and improved
methods and rehabilitation technology essential to the care,
management, and rehabilitation of individuals with spinal cord
injuries; and
(iv) demonstrate and evaluate methods of community outreach for
individuals with spinal cord injuries and community education in
connection with the problems of such individuals in areas such as
housing, transportation, recreation, employment, and community
activities.

(C) In awarding grants under this paragraph, the Director shall
take into account the location of any proposed Spinal Cord Injury
Center and the appropriate geographic and regional allocation of
such Centers.
(5) Research grants may be used to conduct a program for end-
stage renal disease research, to include support of projects and
demonstrations for providing special services (including
transplantation and dialysis), artificial kidneys, and supplies
necessary for the rehabilitation of individuals with such disease
and which will -
(A) ensure dissemination of research findings;
(B) provide encouragement and support for initiatives and new
approaches by individuals and institutional investigators; and
(C) establish and maintain close working relationships with
other governmental and voluntary institutions and organizations
engaged in similar efforts,

in order to unify and coordinate scientific efforts, encourage
joint planning, and promote the interchange of data and reports
among investigators in the field of end-stage renal disease. No
person shall be selected to participate in such program who is
eligible for services for such disease under any other provision of
law.
(6) Research grants may be used to conduct a program for
international rehabilitation research, demonstration, and training
for the purpose of developing new knowledge and methods in the
rehabilitation of individuals with disabilities in the United
States, cooperating with and assisting in developing and sharing
information found useful in other nations in the rehabilitation of
individuals with disabilities, and initiating a program to exchange
experts and technical assistance in the field of rehabilitation of
individuals with disabilities with other nations as a means of
increasing the levels of skill of rehabilitation personnel.
(7) Research grants may be used to conduct a research program
concerning the use of existing telecommunications systems
(including telephone, television, satellite, radio, and other
similar systems) which have the potential for substantially
improving service delivery methods, and the development of
appropriate programming to meet the particular needs of individuals
with disabilities.
(8) Research grants may be used to conduct a program of joint
projects with the National Institutes of Health, the National
Institute of Mental Health, the Health Services Administration, the
Administration on Aging, the National Science Foundation, the
Veterans' Administration, the Department of Health and Human
Services, the National Aeronautics and Space Administration, other
Federal agencies, and private industry in areas of joint interest
involving rehabilitation.
(9) Research grants may be used to conduct a program of research
related to the rehabilitation of children, or older individuals,
who are individuals with disabilities, including older American
Indians who are individuals with disabilities. Such research
program may include projects designed to assist the adjustment of,
or maintain as residents in the community, older workers who are
individuals with disabilities on leaving the workforce.
(10) Research grants may be used to conduct a research program to
develop and demonstrate innovative methods to attract and retain
professionals to serve in rural areas in the rehabilitation of
individuals with disabilities, including individuals with
significant disabilities.
(11) Research grants may be used to conduct a model research and
demonstration project designed to assess the feasibility of
establishing a center for producing and distributing to individuals
who are deaf or hard of hearing captioned video cassettes providing
a broad range of educational, cultural, scientific, and vocational
programming.
(12) Research grants may be used to conduct a model research and
demonstration program to develop innovative methods of providing
services for preschool age children who are individuals with
disabilities, including -
(A) early intervention, assessment, parent counseling, infant
stimulation, early identification, diagnosis, and evaluation of
children who are individuals with significant disabilities up to
the age of five, with a special emphasis on children who are
individuals with significant disabilities up to the age of three;
(B) such physical therapy, language development, pediatric,
nursing, psychological, and psychiatric services as are necessary
for such children; and
(C) appropriate services for the parents of such children,
including psychological and psychiatric services, parent
counseling, and training.

(13) Research grants may be used to conduct a model research and
training program under which model training centers shall be
established to develop and use more advanced and effective methods
of evaluating and addressing the employment needs of individuals
with disabilities, including programs that -
(A) provide training and continuing education for personnel
involved with the employment of individuals with disabilities;
(B) develop model procedures for testing and evaluating the
employment needs of individuals with disabilities;
(C) develop model training programs to teach individuals with
disabilities skills which will lead to appropriate employment;
(D) develop new approaches for job placement of individuals
with disabilities, including new followup procedures relating to
such placement;
(E) provide information services regarding education, training,
employment, and job placement for individuals with disabilities;
and
(F) develop new approaches and provide information regarding
job accommodations, including the use of rehabilitation
engineering and assistive technology.

(14) Research grants may be used to conduct a rehabilitation
research program under which financial assistance is provided in
order to -
(A) test new concepts and innovative ideas;
(B) demonstrate research results of high potential benefits;
(C) purchase prototype aids and devices for evaluation;
(D) develop unique rehabilitation training curricula; and
(E) be responsive to special initiatives of the Director.

No single grant under this paragraph may exceed $50,000 in any
fiscal year and all payments made under this paragraph in any
fiscal year may not exceed 5 percent of the amount available for
this section to the National Institute on Disability and
Rehabilitation Research in any fiscal year. Regulations and
administrative procedures with respect to financial assistance
under this paragraph shall, to the maximum extent possible, be
expedited.
(15) Research grants may be used to conduct studies of the
rehabilitation needs of American Indian populations and of
effective mechanisms for the delivery of rehabilitation services to
Indians residing on and off reservations.
(16) Research grants may be used to conduct a demonstration
program under which one or more projects national in scope shall be
established to develop procedures to provide incentives for the
development, manufacturing, and marketing of orphan technological
devices, including technology transfer concerning such devices,
designed to enable individuals with disabilities to achieve
independence and access to gainful employment.
(17)(A) Research grants may be used to conduct a research program
related to quality assurance in the area of rehabilitation
technology.
(B) Activities carried out under the research program may include
-
(i) the development of methodologies to evaluate rehabilitation
technology products and services and the dissemination of the
methodologies to consumers and other interested parties;
(ii) identification of models for service provider training and
evaluation and certification of the effectiveness of the models;
(iii) identification and dissemination of outcome measurement
models for the assessment of rehabilitation technology products
and services; and
(iv) development and testing of research-based tools to enhance
consumer decisionmaking about rehabilitation technology products
and services.

(18) Research grants may be used to provide for research and
demonstration projects and related activities that explore the use
and effectiveness of specific alternative or complementary medical
practices for individuals with disabilities. Such projects and
activities may include projects and activities designed to -
(A) determine the use of specific alternative or complementary
medical practices among individuals with disabilities and the
perceived effectiveness of the practices;
(B) determine the specific information sources, decisionmaking
methods, and methods of payment used by individuals with
disabilities who access alternative or complementary medical
services;
(C) develop criteria to screen and assess the validity of
research studies of such practices for individuals with
disabilities; and
(D) determine the effectiveness of specific alternative or
complementary medical practices that show promise for promoting
increased functioning, prevention of secondary disabilities, or
other positive outcomes for individuals with certain types of
disabilities, by conducting controlled research studies.
(c) Site visits; grant limitations
(1) In carrying out evaluations of covered activities under this
section, the Director is authorized to make arrangements for site
visits to obtain information on the accomplishments of the
projects.
(2) The Director shall not make a grant under this section that
exceeds $500,000 unless the peer review of the grant application
has included a site visit.

-SOURCE-
(Pub. L. 93-112, title II, Sec. 204, as added Pub. L. 105-220,
title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1173; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-412; Pub. L. 105-394, title IV, Sec.
402(b), Nov. 13, 1998, 112 Stat. 3661.)

-REFTEXT-
REFERENCES IN TEXT
The Assistive Technology Act of 1998, referred to in subsec.
(b)(3)(C)(i), (G)(i), is Pub. L. 105-394, Nov. 13, 1998, 112 Stat.
3627, which is classified principally to chapter 31 (Sec. 3001 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 3001 of this title
and Tables.
The Americans with Disabilities Act of 1990, referred to in
subsec. (b)(3)(D)(i)(III), is Pub. L. 101-336, July 26, 1990, 104
Stat. 327, as amended, which is classified principally to chapter
126 (Sec. 12101 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 12101 of Title 42 and
Tables.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 762
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 764, Pub. L. 93-112, title II, Sec. 204, Sept.
26, 1973, 87 Stat. 376, provided that a full report on research and
training activities be included in annual report to Congress, prior
to repeal by Pub. L. 95-602, title I, Sec. 109(3), Nov. 6, 1978, 92
Stat. 2963.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to directory
language of Pub. L. 105-220, Sec. 405, which enacted this section.
Subsec. (b)(3)(C)(i), (G)(i). Pub. L. 105-394 substituted "the
Assistive Technology Act of 1998" for "the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C.
2201 et seq.)".

-End-

-CITE-
29 USC Sec. 765 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER II - RESEARCH AND TRAINING

-HEAD-
Sec. 765. Rehabilitation Research Advisory Council

-STATUTE-
(a) Establishment
Subject to the availability of appropriations, the Secretary
shall establish in the Department of Education a Rehabilitation
Research Advisory Council (referred to in this section as the
"Council") composed of 12 members appointed by the Secretary.
(b) Duties
The Council shall advise the Director with respect to research
priorities and the development and revision of the 5-year plan
required by section 762(h) of this title.
(c) Qualifications
Members of the Council shall be generally representative of the
community of rehabilitation professionals, the community of
rehabilitation researchers, the community of individuals with
disabilities, and the individuals' representatives. At least one-
half of the members shall be individuals with disabilities or the
individuals' representatives.
(d) Terms of appointment
(1) Length of term
Each member of the Council shall serve for a term of up to 3
years, determined by the Secretary, except that -
(A) a member appointed to fill a vacancy occurring prior to
the expiration of the term for which a predecessor was
appointed, shall be appointed for the remainder of such term;
and
(B) the terms of service of the members initially appointed
shall be (as specified by the Secretary) for such fewer number
of years as will provide for the expiration of terms on a
staggered basis.
(2) Number of terms
No member of the Council may serve more than two consecutive
full terms. Members may serve after the expiration of their terms
until their successors have taken office.
(e) Vacancies
Any vacancy occurring in the membership of the Council shall be
filled in the same manner as the original appointment for the
position being vacated. The vacancy shall not affect the power of
the remaining members to execute the duties of the Council.
(f) Payment and expenses
(1) Payment
Each member of the Council who is not an officer or full-time
employee of the Federal Government shall receive a payment of
$150 for each day (including travel time) during which the member
is engaged in the performance of duties for the Council. All
members of the Council who are officers or full-time employees of
the United States shall serve without compensation in addition to
compensation received for their services as officers or employees
of the United States.
(2) Travel expenses
Each member of the Council may receive travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5 for employees serving intermittently in
the Government service, for each day the member is engaged in the
performance of duties away from the home or regular place of
business of the member.
(g) Detail of Federal employees
On the request of the Council, the Secretary may detail, with or
without reimbursement, any of the personnel of the Department of
Education to the Council to assist the Council in carrying out its
duties. Any detail shall not interrupt or otherwise affect the
civil service status or privileges of the Federal employee.
(h) Technical assistance
On the request of the Council, the Secretary shall provide such
technical assistance to the Council as the Council determines to be
necessary to carry out its duties.
(i) Termination
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply with respect to the Council.

-SOURCE-
(Pub. L. 93-112, title II, Sec. 205, as added Pub. L. 105-220,
title IV, Sec. 405, Aug. 7, 1998, 112 Stat. 1182; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Secs. 401(16),
402(b)(11)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-412, 2681-
414.)

-REFTEXT-
REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (i), is section 14 of Pub. L. 92-463, which is set out in
the Appendix to Title 5, Government Organization and Employees.

-MISC1-
PRIOR PROVISIONS
A prior section 765, Pub. L. 93-112, title II, Sec. 205, as added
Pub. L. 102-569, title II, Sec. 206(a), Oct. 29, 1992, 106 Stat.
4409, related to the Rehabilitation Research Advisory Council,
prior to the general amendment of this subchapter by Pub. L. 105-
220.
A prior section 770, Pub. L. 93-112, title III, Sec. 301,
formerly Sec. 300, Sept. 26, 1973, 87 Stat. 377; Pub. L. 95-602,
title I, Sec. 122(c)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99-
506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810;
Pub. L. 100-630, title II, Sec. 204(a), Nov. 7, 1988, 102 Stat.
3308; renumbered Sec. 301 and amended Pub. L. 102-569, title I,
Sec. 102(p)(15), title III, Sec. 301(a), (b)(3), Oct. 29, 1992, 106
Stat. 4358, 4410, 4411, contained congressional declaration of
purpose, prior to the general amendment of subchapter III of this
chapter by Pub. L. 105-220.

AMENDMENTS
1998 - Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
402(b)(11)], made technical amendment to section designation and
catchline in original.
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 401(16)], made
technical amendment to directory language of Pub. L. 105-220, Sec.
405, which enacted this section.

-End-

-CITE-
29 USC SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND
SPECIAL PROJECTS AND DEMONSTRATIONS 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS

-HEAD-
SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS

-COD-
CODIFICATION
Title III of the Rehabilitation Act of 1973, comprising this
subchapter, was originally enacted by Pub. L. 93-112, title III,
Sept. 26, 1973, 87 Stat. 377, and amended by Pub. L. 93-516, Dec.
7, 1974, 88 Stat. 1617; Pub. L. 93-651, Nov. 21, 1974, 89 Stat. 2-
3; Pub. L. 94-230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 94-273,
Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-288, May 21, 1976, 90 Stat.
520; Pub. L. 95-602, Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98-221,
Feb. 22, 1984, 98 Stat. 17; Pub. L. 99-506, Oct. 21, 1986, 100
Stat. 1807; Pub. L. 100-630, Nov. 7, 1988, 102 Stat. 3289; Pub. L.
102-52, June 6, 1991, 105 Stat. 260; Pub. L. 102-119, Oct. 7, 1991,
105 Stat. 587; Pub. L. 102-569, Oct. 29, 1992, 106 Stat. 4344; Pub.
L. 103-73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 103-218, Mar. 9,
1994, 108 Stat. 50; Pub. L. 104-66, Dec. 21, 1995, 109 Stat. 707.
Title III is shown herein, however, as having been added by Pub. L.
105-220, title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1183, without
reference to those intervening amendments because of the extensive
revision of title III by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 771 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS

-HEAD-
Sec. 771. Declaration of purpose and competitive basis of grants
and contracts

-STATUTE-
(a) Purpose
It is the purpose of this subchapter to authorize grants and
contracts to -
(1)(A) provide academic training to ensure that skilled
personnel are available to provide rehabilitation services to
individuals with disabilities through vocational, medical,
social, and psychological rehabilitation programs (including
supported employment programs), through economic and business
development programs, through independent living services
programs, and through client assistance programs; and
(B) provide training to maintain and upgrade basic skills and
knowledge of personnel (including personnel specifically trained
to deliver services to individuals with disabilities whose
employment outcome is self-employment or telecommuting) employed
to provide state-of-the-art service delivery and rehabilitation
technology services;
(2) conduct special projects and demonstrations that expand and
improve the provision of rehabilitation and other services
(including those services provided through community
rehabilitation programs) authorized under this chapter, or that
otherwise further the purposes of this chapter, including related
research and evaluation;
(3) provide vocational rehabilitation services to individuals
with disabilities who are migrant or seasonal farmworkers;
(4) initiate recreational programs to provide recreational
activities and related experiences for individuals with
disabilities to aid such individuals in employment, mobility,
socialization, independence, and community integration; and
(5) provide training and information to individuals with
disabilities and the individuals' representatives, and other
appropriate parties to develop the skills necessary for
individuals with disabilities to gain access to the
rehabilitation system and statewide workforce investment systems
and to become active decisionmakers in the rehabilitation
process.
(b) Competitive basis of grants and contracts
The Secretary shall ensure that all grants and contracts are
awarded under this subchapter on a competitive basis.

-SOURCE-
(Pub. L. 93-112, title III, Sec. 301, as added Pub. L. 105-220,
title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1183.)

-MISC1-
PRIOR PROVISIONS
A prior section 771, Pub. L. 93-112, title III, Sec. 301, Sept.
26, 1973, 87 Stat. 377; Pub. L. 93-516, title I, Sec. 104, Dec. 7,
1974, 88 Stat. 1618; Pub. L. 93-651, title I, Sec. 104, Nov. 21,
1974, 89 Stat. 2-4; Pub. L. 94-230, Secs. 4, 11(b)(7), Mar. 15,
1976, 90 Stat. 211, 213; Pub. L. 94-273, Sec. 3(18), Apr. 21, 1976,
90 Stat. 377; Pub. L. 95-602, title I, Secs. 112(a), 122(c)(2),
Nov. 6, 1978, 92 Stat. 2967, 2987; Pub. L. 98-221, title I, Sec.
131, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99-506, title IV, Sec.
401, title X, Sec. 1002(d)(1), Oct. 21, 1986, 100 Stat. 1823, 1844;
Pub. L. 102-52, Sec. 4(a), June 6, 1991, 105 Stat. 261, related to
grants for construction of rehabilitation facilities, staffing, and
planning assistance, prior to repeal by Pub. L. 102-569, title III,
Sec. 301(b)(2), Oct. 29, 1992, 106 Stat. 4411.
A prior section 301 of Pub. L. 93-112 was classified to section
770 of this title prior to the general amendment of this subchapter
by Pub. L. 105-220.
A prior section 771a, Pub. L. 93-112, title III, Sec. 302,
formerly title II, Sec. 203, Sept. 26, 1973, 87 Stat. 376;
renumbered title III, Sec. 304, and amended Pub. L. 95-602, title
I, Secs. 109(2), 114, Nov. 6, 1978, 92 Stat. 2963, 2970; Pub. L. 98-
221, title I, Sec. 133, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99-
506, title I, Sec. 103(d)(2)(C), title IV, Sec. 403, title X, Sec.
1002(d)(2), Oct. 21, 1986, 100 Stat. 1810, 1824, 1844; Pub. L. 100-
630, title II, Sec. 204(c), Nov. 7, 1988, 102 Stat. 3308; Pub. L.
102-52, Sec. 4(c), June 6, 1991, 105 Stat. 261; Pub. L. 102-119,
Sec. 26(e), Oct. 7, 1991, 105 Stat. 607; renumbered Sec. 302 and
amended Pub. L. 102-569, title I, Sec. 102(p)(18), title III, Secs.
301(b)(3), (4), 302, Oct. 29, 1992, 106 Stat. 4358, 4411; Pub. L.
103-73, title I, Sec. 110(a), Aug. 11, 1993, 107 Stat. 726; Pub. L.
103-218, title IV, Sec. 402(b), Mar. 9, 1994, 108 Stat. 96; Pub. L.
104-66, title I, Sec. 1042(d), Dec. 21, 1995, 109 Stat. 715,
related to assistance for training, prior to the general amendment
of this subchapter by Pub. L. 105-220. See section 772 of this
title.

-End-

-CITE-
29 USC Sec. 772 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS

-HEAD-
Sec. 772. Training

-STATUTE-
(a) Grants and contracts for personnel training
(1) Authority
The Commissioner shall make grants to, and enter into contracts
with, States and public or nonprofit agencies and organizations
(including institutions of higher education) to pay part of the
cost of projects to provide training, traineeships, and related
activities, including the provision of technical assistance, that
are designed to assist in increasing the numbers of, and
upgrading the skills of, qualified personnel (especially
rehabilitation counselors) who are trained in providing
vocational, medical, social, and psychological rehabilitation
services, who are trained to assist individuals with
communication and related disorders, who are trained to provide
other services provided under this chapter, to individuals with
disabilities, and who may include -
(A) personnel specifically trained in providing employment
assistance to individuals with disabilities through job
development and job placement services;
(B) personnel specifically trained to identify, assess, and
meet the individual rehabilitation needs of individuals with
disabilities, including needs for rehabilitation technology;
(C) personnel specifically trained to deliver services to
individuals who may benefit from receiving independent living
services;
(D) personnel specifically trained to deliver services in the
client assistance programs;
(E) personnel specifically trained to deliver services,
through supported employment programs, to individuals with a
most significant disability; and
(F) personnel specifically trained to deliver services to
individuals with disabilities pursuing self-employment,
business ownership, and telecommuting; and
(G) personnel trained in performing other functions necessary
to the provision of vocational, medical, social, and
psychological rehabilitation services, and other services
provided under this chapter.
(2) Authority to provide scholarships
Grants and contracts under paragraph (1) may be expended for
scholarships and may include necessary stipends and allowances.
(3) Related Federal statutes
In carrying out this subsection, the Commissioner may make
grants to and enter into contracts with States and public or
nonprofit agencies and organizations, including institutions of
higher education, to furnish training regarding provisions of
Federal statutes, including section 794 of this title, title I of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et
seq.), and the provisions of titles II and XVI of the Social
Security Act (42 U.S.C. 401 et seq. and 1381 et seq.), that are
related to work incentives for individuals with disabilities.
(4) Training for statewide workforce systems personnel
The Commissioner may make grants to and enter into contracts
under this subsection with States and public or nonprofit
agencies and organizations, including institutions of higher
education, to furnish training to personnel providing services to
individuals with disabilities under title I of the Workforce
Investment Act of 1998 [29 U.S.C. 2801 et seq.]. Under this
paragraph, personnel may be trained -
(A) in evaluative skills to determine whether an individual
with a disability may be served by the State vocational
rehabilitation program or another component of a statewide
workforce investment system; or
(B) to assist individuals with disabilities seeking
assistance through one-stop delivery systems described in
section 134(c) of the Workforce Investment Act of 1998 [29
U.S.C. 2864(c)].
(5) Joint funding
Training and other activities provided under paragraph (4) for
personnel may be jointly funded with the Department of Labor,
using funds made available under title I of the Workforce
Investment Act of 1998 [29 U.S.C. 2801 et seq.].
(b) Grants and contracts for academic degrees and academic
certificate granting training projects
(1) Authority
(A) In general
The Commissioner may make grants to, and enter into contracts
with, States and public or nonprofit agencies and organizations
(including institutions of higher education) to pay part of the
costs of academic training projects to provide training that
leads to an academic degree or academic certificate. In making
such grants or entering into such contracts, the Commissioner
shall target funds to areas determined under subsection (e) of
this section to have shortages of qualified personnel.
(B) Types of projects
Academic training projects described in this subsection may
include -
(i) projects to train personnel in the areas of assisting
and supporting individuals with disabilities pursuing self-
employment, business ownership, and telecommuting, and of
vocational rehabilitation counseling, rehabilitation
technology, rehabilitation medicine, rehabilitation nursing,
rehabilitation social work, rehabilitation psychiatry,
rehabilitation psychology, rehabilitation dentistry, physical
therapy, occupational therapy, speech pathology and
audiology, physical education, therapeutic recreation,
community rehabilitation programs, or prosthetics and
orthotics;
(ii) projects to train personnel to provide -
(I) services to individuals with specific disabilities or
individuals with disabilities who have specific impediments
to rehabilitation, including individuals who are members of
populations that are unserved or underserved by programs
under this chapter;
(II) job development and job placement services to
individuals with disabilities;
(III) supported employment services, including services
of employment specialists for individuals with
disabilities;
(IV) specialized services for individuals with
significant disabilities; or
(V) recreation for individuals with disabilities;

(iii) projects to train personnel in other fields
contributing to the rehabilitation of individuals with
disabilities; and
(iv) projects to train personnel in the use, applications,
and benefits of rehabilitation technology.
(2) Application
No grant shall be awarded or contract entered into under this
subsection unless the applicant has submitted to the Commissioner
an application at such time, in such form, in accordance with
such procedures, and including such information as the Secretary
may require, including -
(A) a description of how the designated State unit or units
will participate in the project to be funded under the grant or
contract, including, as appropriate, participation on advisory
committees, as practicum sites, in curriculum development, and
in other ways so as to build closer relationships between the
applicant and the designated State unit and to encourage
students to pursue careers in public vocational rehabilitation
programs;
(B) the identification of potential employers that provide
employment that meets the requirements of paragraph (5)(A)(i);
and
(C) an assurance that data on the employment of graduates or
trainees who participate in the project is accurate.
(3) Limitation
(A) In general
Except as provided in subparagraph (B), no grant or contract
under this subsection may be used to provide any one course of
study to an individual for a period of more than 4 years.
(B) Exception
If a grant or contract recipient under this subsection
determines that an individual has a disability which seriously
affects the completion of training under this subsection, the
grant or contract recipient may extend the period referred to
in subparagraph (A).
(4) Authority to provide scholarships
Grants and contracts under paragraph (1) may be expanded to
provide services that include the provision of scholarships and
necessary stipends and allowances.
(5) Agreements
(A) Contents
A recipient of a grant or contract under this subsection
shall provide assurances to the Commissioner that each
individual who receives a scholarship, for any academic year
beginning after June 1, 1992, utilizing funds provided under
such grant or contract shall enter into an agreement with the
recipient under which the individual shall -
(i) maintain employment -
(I) in a nonprofit rehabilitation agency or related
agency or in a State rehabilitation agency or related
agency, including a professional corporation or
professional practice group through which the individual
has a service arrangement with the designated State agency;
(II) on a full- or part-time basis; and
(III) for a period of not less than the full-time
equivalent of 2 years for each year for which assistance
under this section was received by the individual,

within a period, beginning after the recipient completes the
training for which the scholarship was awarded, of not more
than the sum of the number of years in the period described
in subclause (III) and 2 additional years; and
(ii) repay all or part of any scholarship received, plus
interest, if the individual does not fulfill the requirements
of clause (i),

except as the Commissioner by regulation may provide for
repayment exceptions and deferrals.
(B) Enforcement
The Commissioner shall be responsible for the enforcement of
each agreement entered into under subparagraph (A) upon
completion of the training involved under such subparagraph.
(c) Grants to historically Black colleges and universities
The Commissioner, in carrying out this section, shall make grants
to historically Black colleges and universities and other
institutions of higher education whose minority student enrollment
is at least 50 percent of the total enrollment of the institution.
(d) Application
A grant may not be awarded to a State or other organization under
this section unless the State or organization has submitted an
application to the Commissioner at such time, in such form, in
accordance with such procedures, and containing such information as
the Commissioner may require. Any such application shall include a
detailed description of strategies that will be utilized to recruit
and train individuals so as to reflect the diverse populations of
the United States as part of the effort to increase the number of
individuals with disabilities, and individuals who are from
linguistically and culturally diverse backgrounds, who are
available to provide rehabilitation services.
(e) Evaluation and collection of data
The Commissioner shall evaluate the impact of the training
programs conducted under this section, and collect information on
the training needs of, and data on shortages of qualified personnel
necessary to provide services to individuals with disabilities. The
Commissioner shall prepare and submit to Congress, by September 30
of each fiscal year, a report setting forth and justifying in
detail how the funds made available for training under this section
for the fiscal year prior to such submission are allocated by
professional discipline and other program areas. The report shall
also contain findings on such personnel shortages, how funds
proposed for the succeeding fiscal year will be allocated under the
President's budget proposal, and how the findings on personnel
shortages justify the allocations.
(f) Grants for the training of interpreters
(1) Authority
(A) In general
For the purpose of training a sufficient number of qualified
interpreters to meet the communications needs of individuals
who are deaf or hard of hearing, and individuals who are deaf-
blind, the Commissioner, acting through a Federal office
responsible for deafness and communicative disorders, may award
grants to public or private nonprofit agencies or organizations
to pay part of the costs -
(i) for the establishment of interpreter training programs;
or
(ii) to enable such agencies or organizations to provide
financial assistance for ongoing interpreter training
programs.
(B) Geographic areas
The Commissioner shall award grants under this subsection for
programs in geographic areas throughout the United States that
the Commissioner considers appropriate to best carry out the
objectives of this section.
(C) Priority
In awarding grants under this subsection, the Commissioner
shall give priority to public or private nonprofit agencies or
organizations with existing programs that have a demonstrated
capacity for providing interpreter training services.
(D) Funding
The Commissioner may award grants under this subsection
through the use of -
(i) amounts appropriated to carry out this section; or
(ii) pursuant to an agreement with the Director of the
Office of the Special Education Program (established under
section 1402 of title 20), amounts appropriated under section
1486 of title 20.
(2) Application
A grant may not be awarded to an agency or organization under
paragraph (1) unless the agency or organization has submitted an
application to the Commissioner at such time, in such form, in
accordance with such procedures, and containing such information
as the Commissioner may require, including -
(A) a description of the manner in which an interpreter
training program will be developed and operated during the 5-
year period following the date on which a grant is received by
the applicant under this subsection;
(B) a demonstration of the applicant's capacity or potential
for providing training for interpreters for individuals who are
deaf or hard of hearing, and individuals who are deaf-blind;
(C) assurances that any interpreter trained or retrained
under a program funded under the grant will meet such minimum
standards of competency as the Commissioner may establish for
purposes of this subsection; and
(D) such other information as the Commissioner may require.
(g) Technical assistance and in-service training
(1) Technical assistance
The Commissioner is authorized to provide technical assistance
to State designated agencies and community rehabilitation
programs, directly or through contracts with State designated
agencies or nonprofit organizations.
(2) Compensation
An expert or consultant appointed or serving under contract
pursuant to this section shall be compensated at a rate, subject
to approval of the Commissioner, that shall not exceed the daily
equivalent of the rate of pay for level 4 of the Senior Executive
Service Schedule under section 5382 of title 5. Such an expert or
consultant may be allowed travel and transportation expenses in
accordance with section 5703 of title 5.
(3) In-service training of rehabilitation personnel
(A) Projects
Subject to subparagraph (B), at least 15 percent of the sums
appropriated to carry out this section shall be allocated to
designated State agencies to be used, directly or indirectly,
for projects for in-service training for rehabilitation
personnel, consistent with the needs identified through the
comprehensive system for personnel development required by
section 721(a)(7) of this title, including projects designed -
(i) to address recruitment and retention of qualified
rehabilitation professionals;
(ii) to provide for succession planning;
(iii) to provide for leadership development and capacity
building; and
(iv) for fiscal years 1999 and 2000, to provide training
regarding the Workforce Investment Act of 1998 and the
amendments to this chapter made by the Rehabilitation Act
Amendments of 1998.
(B) Limitation
If the allocation to designated State agencies required by
subparagraph (A) would result in a lower level of funding for
projects being carried out on August 7, 1998, by other
recipients of funds under this section, the Commissioner may
allocate less than 15 percent of the sums described in
subparagraph (A) to designated State agencies for such in-
service training.
(h) Provision of information
The Commissioner, subject to the provisions of section 776 of
this title, may require that recipients of grants or contracts
under this section provide information, including data, with regard
to the impact of activities funded under this section.
(i) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as may be necessary for each of the fiscal years 1999
through 2003.

-SOURCE-
(Pub. L. 93-112, title III, Sec. 302, as added Pub. L. 105-220,
title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1184; amended Pub. L.
108-446, title III, Sec. 305(h)(4), Dec. 3, 2004, 118 Stat. 2805.)

-REFTEXT-
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in
subsec. (a)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
as amended. Title I of the Act is classified generally to
subchapter I (Sec. 12111 et seq.) of chapter 126 of Title 42, The
Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 12101 of
Title 42 and Tables.
The Social Security Act, referred to in subsec. (a)(3), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI
of the Act are classified generally to subchapters II (Sec. 401 et
seq.) and XVI (Sec. 1381 et seq.), respectively, of chapter 7 of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.
The Workforce Investment Act of 1998, referred to in subsecs.
(a)(4), (5) and (g)(3)(A)(iv), is Pub. L. 105-220, Aug. 7, 1998,
112 Stat. 936, as amended. Title I of the Act is classified
principally to chapter 30 (Sec. 2801 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 9201 of Title 20, Education, and Tables.
The Rehabilitation Act Amendments of 1998, referred to in subsec.
(g)(3)(A)(iv), is title IV of Pub. L. 105-220, Aug. 7, 1998, 112
Stat. 1092. For complete classification of this Act to the Code,
see Short Title of 1998 Amendment note set out under section 701 of
this title and Tables.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 771a
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 772, Pub. L. 93-112, title III, Sec. 303,
formerly Sec. 302, Sept. 26, 1973, 87 Stat. 378; Pub. L. 93-516,
title I, Sec. 105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651,
title I, Sec. 105, Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230,
Secs. 5, 11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 95-
602, title I, Secs. 112(b), 122(c)(3), Nov. 6, 1978, 92 Stat.
2968, 2987; Pub. L. 98-221, title I, Sec. 132, Feb. 22, 1984, 98
Stat. 24; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title IV,
Sec. 402, title X, Sec. 1001(d)(1), Oct. 21, 1986, 100 Stat. 1810,
1824, 1842; Pub. L. 100-630, title II, Sec. 204(b), Nov. 7, 1988,
102 Stat. 3308; Pub. L. 102-52, Sec. 4(b), June 6, 1991, 105 Stat.
261; renumbered Sec. 303 and amended Pub. L. 102-569, title I, Sec.
102(p)(16), title III, Secs. 301(b)(3), 303, Oct. 29, 1992, 106
Stat. 4358, 4411, 4416, related to vocational rehabilitation
services for individuals with disabilities, prior to the general
amendment of this subchapter by Pub. L. 105-220.
A prior section 302 of Pub. L. 93-112 was classified to section
771a of this title prior to the general amendment of this
subchapter by Pub. L. 105-220.

AMENDMENTS
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.

-End-

-CITE-
29 USC Sec. 773 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS

-HEAD-
Sec. 773. Demonstration and training programs

-STATUTE-
(a) Demonstration projects to increase client choice
(1) Grants
The Commissioner may make grants to States and public or
nonprofit agencies and organizations to pay all or part of the
costs of projects to demonstrate ways to increase client choice
in the rehabilitation process, including the selection of
providers of vocational rehabilitation services.
(2) Use of funds
An entity that receives a grant under this subsection shall use
the grant only -
(A) for activities that are directly related to planning,
operating, and evaluating the demonstration projects; and
(B) to supplement, and not supplant, funds made available
from Federal and non-Federal sources for such projects.
(3) Application
Any eligible entity that desires to receive a grant under this
subsection shall submit an application at such time, in such
manner, and containing such information and assurances as the
Commissioner may require, including -
(A) a description of -
(i) how the entity intends to promote increased client
choice in the rehabilitation process, including a
description, if appropriate, of how an applicant will
determine the cost of any service or product offered to an
eligible client;
(ii) how the entity intends to ensure that any vocational
rehabilitation service or related service is provided by a
qualified provider who is accredited or meets such other
quality assurance and cost-control criteria as the State may
establish; and
(iii) the outreach activities to be conducted by the
applicant to obtain eligible clients; and

(B) assurances that a written plan will be established with
the full participation of the client, which plan shall, at a
minimum, include -
(i) a statement of the vocational rehabilitation goals to
be achieved;
(ii) a statement of the specific vocational rehabilitation
services to be provided, the projected dates for their
initiation, and the anticipated duration of each such
service; and
(iii) objective criteria, an evaluation procedure, and a
schedule, for determining whether such goals are being
achieved.
(4) Award of grants
In selecting entities to receive grants under paragraph (1),
the Commissioner shall take into consideration -
(A) the diversity of strategies used to increase client
choice, including selection among qualified service providers;
(B) the geographic distribution of projects; and
(C) the diversity of clients to be served.
(5) Records
Entities that receive grants under paragraph (1) shall maintain
such records as the Commissioner may require and comply with any
request from the Commissioner for such records.
(6) Direct services
At least 80 percent of the funds awarded for any project under
this subsection shall be used for direct services, as
specifically chosen by eligible clients.
(7) Evaluation
The Commissioner may conduct an evaluation of the demonstration
projects with respect to the services provided, clients served,
client outcomes obtained, implementation issues addressed, the
cost-effectiveness of the project, and the effects of increased
choice on clients and service providers. The Commissioner may
reserve funds for the evaluation for a fiscal year from the
amounts appropriated to carry out projects under this section for
the fiscal year.
(8) Definitions
For the purposes of this subsection:
(A) Direct services
The term "direct services" means vocational rehabilitation
services, as described in section 723(a) of this title.
(B) Eligible client
The term "eligible client" means an individual with a
disability, as defined in section 705(20)(A) of this title, who
is not currently receiving services under an individualized
plan for employment established through a designated State
unit.
(b) Special demonstration programs
(1) Grants; contracts
The Commissioner, subject to the provisions of section 776 of
this title, may provide grants to, or enter into contracts with,
eligible entities to pay all or part of the cost of programs that
expand and improve the provision of rehabilitation and other
services authorized under this chapter or that further the
purposes of the chapter, including related research and
evaluation activities.
(2) Eligible entities; terms and conditions
(A) Eligible entities
To be eligible to receive a grant, or enter into a contract,
under paragraph (1), an entity shall be a State vocational
rehabilitation agency, community rehabilitation program, Indian
tribe or tribal organization, or other public or nonprofit
agency or organization, or as the Commissioner determines
appropriate, a for-profit organization. The Commissioner may
limit competitions to one or more types of organizations
described in this subparagraph.
(B) Terms and conditions
A grant or contract under paragraph (1) shall contain such
terms and conditions as the Commissioner may require.
(3) Application
An eligible entity that desires to receive a grant, or enter
into a contract, under paragraph (1) shall submit an application
to the Secretary at such time, in such form, and containing such
information and assurances as the Commissioner may require,
including, if the Commissioner determines appropriate, a
description of how the proposed project or demonstration program -

(A) is based on current research findings, which may include
research conducted by the National Institute on Disability and
Rehabilitation Research, the National Institutes of Health, and
other public or private organizations; and
(B) is of national significance.
(4) Types of projects
The programs that may be funded under this subsection may
include -
(A) special projects and demonstrations of service delivery;
(B) model demonstration projects;
(C) technical assistance projects;
(D) systems change projects;
(E) special studies and evaluations; and
(F) dissemination and utilization activities.
(5) Priority for competitions
(A) In general
In announcing competitions for grants and contracts under
this subsection, the Commissioner shall give priority
consideration to -
(i) special projects and demonstration programs of service
delivery for adults who are either low-functioning and deaf
or low-functioning and hard of hearing;
(ii) supported employment, including community-based
supported employment programs to meet the needs of
individuals with the most significant disabilities or to
provide technical assistance to States and community
organizations to improve and expand the provision of
supported employment services; and
(iii) model transitional planning services for youths with
disabilities.
(B) Additional competitions
In announcing competitions for grants and contracts under
this subsection, the Commissioner may require that applicants
address one or more of the following:
(i) Age ranges.
(ii) Types of disabilities.
(iii) Types of services.
(iv) Models of service delivery.
(v) Stage of the rehabilitation process.
(vi) The needs of underserved populations, unserved and
underserved areas, individuals with significant disabilities,
low-incidence disability population or individuals residing
in federally designated empowerment zones and enterprise
communities.
(vii) Expansion of employment opportunities for individuals
with disabilities.
(viii) Systems change projects to promote meaningful access
of individuals with disabilities to employment-related
services under title I of the Workforce Investment Act of
1998 [29 U.S.C. 2801 et seq.] and under other Federal laws.
(ix) Innovative methods of promoting achievement of high-
quality employment outcomes.
(x) The demonstration of the effectiveness of early
intervention activities in improving employment outcomes.
(xi) Alternative methods of providing affordable
transportation services to individuals with disabilities who
are employed, seeking employment, or receiving vocational
rehabilitation services from public or private organizations
and who reside in geographic areas in which public
transportation or paratransit service is not available.
(6) Use of funds for continuation awards
The Commissioner may use funds made available to carry out this
section for continuation awards for projects that were funded
under sections 711 and 777a of this title (as such sections were
in effect on the day before August 7, 1998).
(c) Parent information and training program
(1) Grants
The Commissioner is authorized to make grants to private
nonprofit organizations for the purpose of establishing programs
to provide training and information to enable individuals with
disabilities, and the parents, family members, guardians,
advocates, or other authorized representatives of the individuals
to participate more effectively with professionals in meeting the
vocational, independent living, and rehabilitation needs of
individuals with disabilities. Such grants shall be designed to
meet the unique training and information needs of the individuals
described in the preceding sentence, who live in the area to be
served, particularly those who are members of populations that
have been unserved or underserved by programs under this chapter.
(2) Use of grants
An organization that receives a grant to establish training and
information programs under this subsection shall use the grant to
assist individuals with disabilities, and the parents, family
members, guardians, advocates, or authorized representatives of
the individuals -
(A) to better understand vocational rehabilitation and
independent living programs and services;
(B) to provide followup support for transition and employment
programs;
(C) to communicate more effectively with transition and
rehabilitation personnel and other relevant professionals;
(D) to provide support in the development of the
individualized plan for employment;
(E) to provide support and expertise in obtaining information
about rehabilitation and independent living programs, services,
and resources that are appropriate; and
(F) to understand the provisions of this chapter,
particularly provisions relating to employment, supported
employment, and independent living.
(3) Award of grants
The Commissioner shall ensure that grants under this subsection
-
(A) shall be distributed geographically to the greatest
extent possible throughout all States; and
(B) shall be targeted to individuals with disabilities, and
the parents, family members, guardians, advocates, or
authorized representatives of the individuals, in both urban
and rural areas or on a State or regional basis.
(4) Eligible organizations
In order to receive a grant under this subsection, an
organization -
(A) shall submit an application to the Commissioner at such
time, in such manner, and containing such information as the
Commissioner may require, including information demonstrating
the capacity and expertise of the organization -
(i) to coordinate training and information activities with
Centers for Independent Living;
(ii) to coordinate and work closely with parent training
and information centers established pursuant to section 1471
of title 20; and
(iii) to effectively conduct the training and information
activities authorized under this subsection;

(B)(i) shall be governed by a board of directors -
(I) that includes professionals in the field of vocational
rehabilitation; and
(II) on which a majority of the members are individuals
with disabilities or the parents, family members, guardians,
advocates, or authorized representatives of the individuals;
or

(ii)(I) shall have a membership that represents the interests
of individuals with disabilities; and
(II) shall establish a special governing committee that meets
the requirements specified in subclauses (I) and (II) of clause
(i) to operate a training and information program under this
subsection; and
(C) shall serve individuals with a full range of
disabilities, and the parents, family members, guardians,
advocates, or authorized representatives of the individuals.
(5) Consultation
Each organization carrying out a program receiving assistance
under this subsection shall consult with appropriate agencies
that serve or assist individuals with disabilities, and the
parents, family members, guardians, advocates, or authorized
representatives of the individuals, located in the jurisdiction
served by the program.
(6) Coordination
The Commissioner shall provide coordination and technical
assistance by grant or cooperative agreement for establishing,
developing, and coordinating the training and information
programs. To the extent practicable, such assistance shall be
provided by the parent training and information centers
established pursuant to section 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.
(d) Braille training programs
(1) Establishment
The Commissioner shall make grants to, and enter into contracts
with, States and public or nonprofit agencies and organizations,
including institutions of higher education, to pay all or part of
the cost of training in the use of braille for personnel
providing vocational rehabilitation services or educational
services to youth and adults who are blind.
(2) Projects
Such grants shall be used for the establishment or continuation
of projects that may provide -
(A) development of braille training materials;
(B) in-service or pre-service training in the use of braille,
the importance of braille literacy, and methods of teaching
braille to youth and adults who are blind; and
(C) activities to promote knowledge and use of braille and
nonvisual access technology for blind youth and adults through
a program of training, demonstration, and evaluation conducted
with leadership of experienced blind individuals, including the
use of comprehensive, state-of-the-art technology.
(3) Application
To be eligible to receive a grant, or enter into a contract,
under paragraph (1), an agency or organization shall submit an
application to the Commissioner at such time, in such manner, and
containing such information as the Commissioner may require.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as may be necessary for each of the fiscal years 1999
through 2003.

-SOURCE-
(Pub. L. 93-112, title III, Sec. 303, as added Pub. L. 105-220,
title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1190; amended Pub. L.
108-446, title III, Sec. 305(h)(5), (6), Dec. 3, 2004, 118 Stat.
2805.)

-REFTEXT-
REFERENCES IN TEXT
The Workforce Investment Act of 1998, referred to in subsec.
(b)(5)(B)(viii), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936,
as amended. Title I of the Act is classified principally to chapter
30 (Sec. 2801 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
9201 of Title 20, Education, and Tables.
Sections 711 and 777a of this title (as in effect on the day
before August 7, 1998), referred to in subsec. (b)(6), means
section 711 of this title prior to repeal by Pub. L. 105-220, title
IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093, and section 777a of
this title prior to the general amendment of this subchapter by
Pub. L. 105-220, title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1183.

-MISC1-
PRIOR PROVISIONS
A prior section 773, Pub. L. 93-112, title III, Sec. 304,
formerly Sec. 303, Sept. 26, 1973, 87 Stat. 379; Pub. L. 95-602,
title I, Sec. 113, Nov. 6, 1978, 92 Stat. 2968; Pub. L. 99-506,
title I, Sec. 103(d)(2)(C), title X, Sec. 1001(d)(2), Oct. 21,
1986, 100 Stat. 1810, 1843; renumbered Sec. 304 and amended Pub. L.
102-569, title I, Sec. 102(p)(17), title III, Secs. 301(b)(3), 304,
Oct. 29, 1992, 106 Stat. 4358, 4411, 4417, related to loan
guarantees for community rehabilitation programs, prior to the
general amendment of this subchapter by Pub. L. 105-220.
A prior section 303 of Pub. L. 93-112 was classified to section
772 of this title prior to the general amendment of this subchapter
by Pub. L. 105-220.

AMENDMENTS
2004 - Subsec. (c)(4)(A)(ii). Pub. L. 108-446, Sec. 305(h)(6),
substituted "section 1471" for "section 1482(a)".
Subsec. (c)(6). Pub. L. 108-446, Sec. 305(h)(5), substituted
"section 1471" for "section 1482(a)".

-End-

-CITE-
29 USC Sec. 774 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS

-HEAD-
Sec. 774. Migrant and seasonal farmworkers

-STATUTE-
(a) Grants
(1) Authority
The Commissioner, subject to the provisions of section 776 of
this title, may make grants to eligible entities to pay up to 90
percent of the cost of projects or demonstration programs for the
provision of vocational rehabilitation services to individuals
with disabilities who are migrant or seasonal farmworkers, as
determined in accordance with rules prescribed by the Secretary
of Labor, and to the family members who are residing with such
individuals (whether or not such family members are individuals
with disabilities).
(2) Eligible entities
To be eligible to receive a grant under paragraph (1), an
entity shall be -
(A) a State designated agency;
(B) a nonprofit agency working in collaboration with a State
agency described in subparagraph (A); or
(C) a local agency working in collaboration with a State
agency described in subparagraph (A).
(3) Maintenance and transportation
(A) In general
Amounts provided under a grant under this section may be used
to provide for the maintenance of and transportation for
individuals and family members described in paragraph (1) as
necessary for the rehabilitation of such individuals.
(B) Requirement
Maintenance payments under this paragraph shall be provided
in a manner consistent with any maintenance payments provided
to other individuals with disabilities in the State under this
chapter.
(4) Assurance of cooperation
To be eligible to receive a grant under this section an entity
shall provide assurances (satisfactory to the Commissioner) that
in the provision of services under the grant there will be
appropriate cooperation between the grantee and other public or
nonprofit agencies and organizations having special skills and
experience in the provision of services to migrant or seasonal
farmworkers or their families.
(5) Coordination with other programs
The Commissioner shall administer this section in coordination
with other programs serving migrant and seasonal farmworkers,
including programs under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), section 254b of
title 42, the Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1801 et seq.), and the Workforce Investment Act of
1998.
(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out this section, for each of the fiscal years
1999 through 2003.

-SOURCE-
(Pub. L. 93-112, title III, Sec. 304, as added Pub. L. 105-220,
title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1195.)

-REFTEXT-
REFERENCES IN TEXT
The Elementary and Secondary Education Act of 1965, referred to
in subsec. (a)(5), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
amended. Title I of the Act is classified generally to subchapter I
(Sec. 6301 et seq.) of chapter 70 of Title 20, Education. For
complete classification of this Act to the Code, see Short Title
note set out under section 6301 of Title 20 and Tables.
The Migrant and Seasonal Agricultural Worker Protection Act,
referred to in subsec. (a)(5), is Pub. L. 97-470, Jan. 14, 1983, 96
Stat. 2584, as amended, which is classified generally to chapter 20
(Sec. 1801 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
1801 of this title and Tables.
The Workforce Investment Act of 1998, referred to in subsec.
(a)(5), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
amended. For complete classification of this Act to the Code, see
Short Title note set out under section 9201 of Title 20, Education,
and Tables.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 777b
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 774, Pub. L. 93-112, title III, Sec. 304,
formerly title II, Sec. 203, Sept. 26, 1973, 87 Stat. 376,
renumbered and amended, which related to Federal grants, contracts,
and programs for training in rehabilitation services, was
renumbered section 302 of Pub. L. 93-112, by Pub. L. 102-569, title
III, Sec. 301(b)(3), Oct. 29, 1992, 106 Stat. 4411, and transferred
to section 771a of this title, prior to the general amendment of
this subchapter by Pub. L. 105-220.
Another prior section 774, Pub. L. 93-112, title III, Sec. 304,
Sept. 26, 1973, 87 Stat. 381; Pub. L. 93-516, title I, Secs. 106,
111(i)-(k), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93-651,
title I, Secs. 106, 111(i)-(k), Nov. 21, 1974, 89 Stat. 2-4, 2-6;
Pub. L. 94-230, Secs. 6, 11(b)(9), Mar. 15, 1976, 90 Stat. 212,
213, related to special projects and demonstrations, prior to
repeal by Pub. L. 95-602, title I, Sec. 109(1), Nov. 6, 1978, 92
Stat. 2962.

-End-

-CITE-
29 USC Sec. 775 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS

-HEAD-
Sec. 775. Recreational programs

-STATUTE-
(a) Grants
(1) Authority
(A) In general
The Commissioner, subject to the provisions of section 776 of
this title, shall make grants to States, public agencies, and
nonprofit private organizations to pay the Federal share of the
cost of the establishment and operation of recreation programs
to provide individuals with disabilities with recreational
activities and related experiences to aid in the employment,
mobility, socialization, independence, and community
integration of such individuals.
(B) Recreation programs
The recreation programs that may be funded using assistance
provided under a grant under this section may include
vocational skills development, leisure education, leisure
networking, leisure resource development, physical education
and sports, scouting and camping, 4-H activities, construction
of facilities for aquatic rehabilitation therapy, music,
dancing, handicrafts, art, and homemaking. When possible and
appropriate, such programs and activities should be provided in
settings with peers who are not individuals with disabilities.
(C) Design of program
Programs and activities carried out under this section shall
be designed to demonstrate ways in which such programs assist
in maximizing the independence and integration of individuals
with disabilities.
(2) Maximum term of grant
A grant under this section shall be made for a period of not
more than 3 years.
(3) Availability of nongrant resources
(A) In general
A grant may not be made to an applicant under this section
unless the applicant provides assurances that, with respect to
costs of the recreation program to be carried out under the
grant, the applicant, to the maximum extent practicable, will
make available non-Federal resources (in cash or in-kind) to
pay the non-Federal share of such costs.
(B) Federal share
The Federal share of the costs of the recreation programs
carried out under this section shall be -
(i) with respect to the first year in which assistance is
provided under a grant under this section, 100 percent;
(ii) with respect to the second year in which assistance is
provided under a grant under this section, 75 percent; and
(iii) with respect to the third year in which assistance is
provided under a grant under this section, 50 percent.
(4) Application
To be eligible to receive a grant under this section, a State,
agency, or organization shall submit an application to the
Commissioner at such time, in such manner, and containing such
information as the Commissioner may require, including a
description of -
(A) the manner in which the findings and results of the
project to be funded under the grant, particularly information
that facilitates the replication of the results of such
projects, will be made generally available; and
(B) the manner in which the service program funded under the
grant will be continued after Federal assistance ends.
(5) Level of services
Recreation programs funded under this section shall maintain,
at a minimum, the same level of services over a 3-year project
period.
(6) Reports by grantees
(A) Requirement
The Commissioner shall require that each recipient of a grant
under this section annually prepare and submit to the
Commissioner a report concerning the results of the activities
funded under the grant.
(B) Limitation
The Commissioner may not make financial assistance available
to a grant recipient for a subsequent year until the
Commissioner has received and evaluated the annual report of
the recipient under subparagraph (A) for the current year.
(b) Authorization of appropriations
There are authorized to be appropriated to carry out this
section, such sums as may be necessary for each of the fiscal years
1999 through 2003.

-SOURCE-
(Pub. L. 93-112, title III, Sec. 305, as added Pub. L. 105-220,
title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1196.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 777f
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 775, Pub. L. 93-112, title III, Sec. 305, as
added Pub. L. 95-602, title I, Sec. 115(a), Nov. 6, 1978, 92 Stat.
2971; amended Pub. L. 98-221, title I, Sec. 134, Feb. 22, 1984, 98
Stat. 25; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title IV,
Sec. 404, title X, Sec. 1002(d)(3), Oct. 21, 1986, 100 Stat. 1810,
1825, 1844; Pub. L. 100-630, title II, Sec. 204(d), Nov. 7, 1988,
102 Stat. 3309; Pub. L. 102-52, Sec. 4(d), June 6, 1991, 105 Stat.
261; Pub. L. 102-569, title I, Sec. 102(p)(19), title III, Sec.
305, Oct. 29, 1992, 106 Stat. 4358, 4417, related to comprehensive
rehabilitation centers, prior to the general amendment of this
subchapter by Pub. L. 105-220.
Another prior section 775, Pub. L. 93-112, title III, Sec. 305,
Sept. 26, 1973, 87 Stat. 383, as amended, which authorized
appropriations for fiscal years ending June 30, 1974, June 30,
1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for the
establishment of the Helen Keller National Center for Deaf-Blind
Youths and Adults, was renumbered section 313 of Pub. L. 93-112 by
Pub. L. 95-602, title I, Sec. 109(1), Nov. 6, 1978, 92 Stat. 2962,
transferred to section 777c of this title, and subsequently
repealed by Pub. L. 100-630.

-End-

-CITE-
29 USC Sec. 776 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS

-HEAD-
Sec. 776. Measuring of project outcomes and performance

-STATUTE-
The Commissioner may require that recipients of grants under this
subchapter submit information, including data, as determined by the
Commissioner to be necessary to measure project outcomes and
performance, including any data needed to comply with the
Government Performance and Results Act.

-SOURCE-
(Pub. L. 93-112, title III, Sec. 306, as added Pub. L. 105-220,
title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1197.)

-REFTEXT-
REFERENCES IN TEXT
The Government Performance and Results Act, referred to in text,
probably means the Government Performance and Results Act of 1993,
Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285, which enacted section
306 of Title 5, Government Organization and Employees, sections
1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and
sections 2801 to 2805 of Title 39, Postal Service, amended section
1105 of Title 31, and enacted provisions set out as notes under
sections 1101 and 1115 of Title 31. For complete classification of
this Act to the Code, see Short Title of 1993 Amendment note set
out under section 1101 of Title 31 and Tables.

-MISC1-
PRIOR PROVISIONS
Prior sections 776 to 777b were omitted in the general amendment
of this subchapter by Pub. L. 105-220.
Section 776, Pub. L. 93-112, title III, Sec. 306, Sept. 26, 1973,
87 Stat. 384; Pub. L. 93-516, title I, Sec. 111(l), Dec. 7, 1974,
88 Stat. 1621; Pub. L. 93-651, title I, Sec. 111(l), Nov. 21, 1974,
89 Stat. 2-6; Pub. L. 95-602, title I, Secs. 115(b), 122(c)(4)-(6),
Nov. 6, 1978, 92 Stat. 2972, 2987; Pub. L. 99-506, title I, Sec.
103(d)(2)(C), title X, Sec. 1002(d)(4), Oct. 21, 1986, 100 Stat.
1810, 1844; Pub. L. 100-630, title II, Sec. 204(e), Nov. 7, 1988,
102 Stat. 3309; Pub. L. 102-569, title I, Sec. 102(p)(20), title
III, Sec. 306, Oct. 29, 1992, 106 Stat. 4359, 4417, related to
general grant and contract requirements.
Section 777, Pub. L. 93-112, title III, Sec. 310, as added Pub.
L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2973;
amended Pub. L. 98-221, title I, Sec. 135, title II, Sec. 208(b),
Feb. 22, 1984, 98 Stat. 25, 34; Pub. L. 99-506, title IV, Sec. 405,
Oct. 21, 1986, 100 Stat. 1825; Pub. L. 100-630, title II, Sec.
204(f), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102-52, Sec. 4(e)(1),
June 6, 1991, 105 Stat. 261; Pub. L. 102-569, title III, Sec. 307,
Oct. 29, 1992, 106 Stat. 4418; Pub. L. 103-73, title I, Sec.
110(b), Aug. 11, 1993, 107 Stat. 726, authorized appropriations.
Section 777a, Pub. L. 93-112, title III, Sec. 311, as added Pub.
L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2973;
amended Pub. L. 98-221, title I, Sec. 136, Feb. 22, 1984, 98 Stat.
26; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title III, Sec.
302(b), title IV, Sec. 406, Oct. 21, 1986, 100 Stat. 1810, 1821,
1826; Pub. L. 100-630, title II, Sec. 204(g), Nov. 7, 1988, 102
Stat. 3309; Pub. L. 102-52, Sec. 4(e)(2), June 6, 1991, 105 Stat.
261; Pub. L. 102-119, Sec. 26(e), Oct. 7, 1991, 105 Stat. 607; Pub.
L. 102-569, title I, Sec. 102(p)(21), title III, Sec. 308, Oct. 29,
1992, 106 Stat. 4359, 4418; Pub. L. 103-73, title I, Sec. 110(c),
Aug. 11, 1993, 107 Stat. 726; Pub. L. 104-66, title I, Sec.
1041(b), Dec. 21, 1995, 109 Stat. 714, related to special
demonstration programs.
Section 777b, Pub. L. 93-112, title III, Sec. 312, as added Pub.
L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2974;
amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986,
100 Stat. 1810; Pub. L. 100-630, title II, Sec. 204(h), Nov. 7,
1988, 102 Stat. 3309; Pub. L. 102-569, title I, Sec. 102(p)(22),
title III, Sec. 309, Oct. 29, 1992, 106 Stat. 4359, 4420, related
to migratory workers, maintenance payments, and coordination with
other programs. See section 774 of this title.
A prior section 777c, Pub. L. 93-112, title III, Sec. 313, as
added Pub. L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat.
2974, related to Helen Keller National Center for Deaf-Blind Youths
and Adults, prior to repeal by Pub. L. 98-221, title II, Sec.
203(a), Feb. 22, 1984, 98 Stat. 33. See chapter 21 (Sec. 1901 et
seq.) of this title.
Another prior section 777c, Pub. L. 93-112, title III, Sec. 313,
formerly Sec. 305, Sept. 26, 1973, 87 Stat. 383; Pub. L. 93-516,
title I, Sec. 107, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651,
title I, Sec. 107, Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230,
Secs. 7, 11(b)(10), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 94-
288, Secs. 1, 2, May 21, 1976, 90 Stat. 520; renumbered Sec. 313,
Pub. L. 95-602, title I, Sec. 109(1), Nov. 6, 1978, 92 Stat. 2962,
formerly classified to section 775 of this title, authorized
appropriations for fiscal years ending June 30, 1974, June 30,
1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for
establishment of Helen Keller National Center for Deaf-Blind Youths
and Adults, prior to repeal by Pub. L. 100-630, title II, Sec.
204(k), Nov. 7, 1988, 102 Stat. 3309.
Prior sections 777d to 777f were omitted in the general amendment
of this subchapter by Pub. L. 105-220.
Section 777d, Pub. L. 93-112, title III, Sec. 314, as added Pub.
L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2975;
amended Pub. L. 100-630, title II, Sec. 204(i), Nov. 7, 1988, 102
Stat. 3309; Pub. L. 102-569, title I, Sec. 102(p)(23), Oct. 29,
1992, 106 Stat. 4359, related to reader services for individuals
who are blind.
Section 777e, Pub. L. 93-112, title III, Sec. 315, as added Pub.
L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2975;
amended Pub. L. 102-569, title I, Sec. 102(p)(24), Oct. 29, 1992,
106 Stat. 4359, related to interpreter services for individuals who
are deaf.
Section 777f, Pub. L. 93-112, title III, Sec. 316, as added Pub.
L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2976;
amended Pub. L. 98-221, title I, Sec. 137, Feb. 22, 1984, 98 Stat.
26; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title IV, Sec. 407,
Oct. 21, 1986, 100 Stat. 1810, 1827; Pub. L. 100-630, title II,
Sec. 204(j), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102-52, Sec.
4(e)(3), June 6, 1991, 105 Stat. 261; Pub. L. 102-569, title I,
Sec. 102(p)(25), title III, Sec. 310, Oct. 29, 1992, 106 Stat.
4359, 4420; Pub. L. 103-73, title I, Sec. 110(d), Aug. 11, 1993,
107 Stat. 726, related to special recreational programs. See
section 775 of this title.

-End-

-CITE-
29 USC SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-COD-
CODIFICATION
Title IV of the Rehabilitation Act of 1973, comprising this
subchapter, was originally enacted by Pub. L. 93-112, title IV,
Sept. 26, 1973, 87 Stat. 385, and amended by Pub. L. 93-516, Dec.
7, 1974, 88 Stat. 1617; Pub. L. 93-651, Nov. 21, 1974, 89 Stat. 2-
3; Pub. L. 94-230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 95-602,
Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98-221, Feb. 22, 1984, 98
Stat. 17; Pub. L. 99-506, Oct. 21, 1986, 100 Stat. 1807; Pub. L.
100-630, Nov. 7, 1988, 102 Stat. 3289; Pub. L. 102-52, June 6,
1991, 105 Stat. 260; Pub. L. 102-569, Oct. 29, 1992, 106 Stat.
4344; Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 104-66,
Dec. 21, 1995, 109 Stat. 707. Title IV is shown herein, however, as
having been added by Pub. L. 105-220, title IV, Sec. 407, Aug. 7,
1998, 112 Stat. 1198, without reference to those intervening
amendments because of the extensive revision of title IV by Pub. L.
105-220.

-End-

-CITE-
29 USC Sec. 780 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-
Sec. 780. Establishment of National Council on Disability

-STATUTE-
(a) Membership; purpose
(1)(A) There is established within the Federal Government a
National Council on Disability (hereinafter in this subchapter
referred to as the "National Council"), which shall be composed of
fifteen members appointed by the President, by and with the advice
and consent of the Senate.
(B) The President shall select members of the National Council
after soliciting recommendations from representatives of -
(i) organizations representing a broad range of individuals
with disabilities; and
(ii) organizations interested in individuals with disabilities.

(C) The members of the National Council shall be individuals with
disabilities, parents or guardians of individuals with
disabilities, or other individuals who have substantial knowledge
or experience relating to disability policy or programs. The
members of the National Council shall be appointed so as to be
representative of individuals with disabilities, national
organizations concerned with individuals with disabilities,
providers and administrators of services to individuals with
disabilities, individuals engaged in conducting medical or
scientific research relating to individuals with disabilities,
business concerns, and labor organizations. A majority of the
members of the National Council shall be individuals with
disabilities. The members of the National Council shall be broadly
representative of minority and other individuals and groups.
(2) The purpose of the National Council is to promote policies,
programs, practices, and procedures that -
(A) guarantee equal opportunity for all individuals with
disabilities, regardless of the nature or severity of the
disability; and
(B) empower individuals with disabilities to achieve economic
self-sufficiency, independent living, and inclusion and
integration into all aspects of society.
(b) Term of office
(1) Each member of the National Council shall serve for a term of
3 years, except that the terms of service of the members initially
appointed after November 6, 1978, shall be (as specified by the
President) for such fewer number of years as will provide for the
expiration of terms on a staggered basis.
(2)(A) No member of the National Council may serve more than two
consecutive full terms beginning on the date of commencement of the
first full term on the Council. Members may serve after the
expiration of their terms until their successors have taken office.
(B) As used in this paragraph, the term "full term" means a term
of 3 years.
(3) Any member appointed to fill a vacancy occurring before the
expiration of the term for which such member's predecessor was
appointed shall be appointed only for the remainder of such term.
(c) Chairperson; meetings
The President shall designate the Chairperson from among the
members appointed to the National Council. The National Council
shall meet at the call of the Chairperson, but not less often than
four times each year.
(d) Quorum; vacancies
Eight members of the National Council shall constitute a quorum
and any vacancy in the National Council shall not affect its power
to function.

-SOURCE-
(Pub. L. 93-112, title IV, Sec. 400, as added Pub. L. 105-220,
title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1198.)

-MISC1-
PRIOR PROVISIONS
A prior section 780, Pub. L. 93-112, title IV, Sec. 400, as added
Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2977;
amended Pub. L. 98-221, title I, Sec. 141(a), Feb. 22, 1984, 98
Stat. 26; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title V, Sec.
501, title X, Sec. 1001(e), Oct. 21, 1986, 100 Stat. 1810, 1828,
1843; Pub. L. 100-630, title II, Sec. 205(b), Nov. 7, 1988, 102
Stat. 3310; Pub. L. 102-569, title I, Sec. 102(p)(26), title IV,
Sec. 401, Oct. 29, 1992, 106 Stat. 4360, 4421, related to
establishment of the National Council on Disability, prior to the
general amendment of this subchapter by Pub. L. 105-220.
Another prior section 780, Pub. L. 93-112, title IV, Sec. 400,
Sept. 26, 1973, 87 Stat. 385, related to general administrative
powers of Secretary under this chapter, prior to repeal by Pub. L.
95-602, Sec. 117.

-End-

-CITE-
29 USC Sec. 780a 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-
Sec. 780a. Independent status of National Council on the
Handicapped

-STATUTE-
(1) Council as independent agency within Federal Government
Effective on February 22, 1984, the National Council on the
Handicapped shall be an independent agency within the Federal
Government and shall not be an agency within the Department of
Education or any other department or agency of the United States.
(2) Transfer of functions to Council Chairman
There are transferred to the Chairman of the National Council on
the Handicapped all functions relating to the Council which were
vested in the Secretary of Education on the day before February 22,
1984. The Chairman of the National Council on the Handicapped shall
continue to exercise all the functions under the Rehabilitation Act
of 1973 [29 U.S.C. 701 et seq.] or any other law or authority which
the Chairman was performing before February 22, 1984.
(3) Changes in statutory and other references
References in any statute, reorganization plan, Executive order,
regulation, or other official document or proceeding to the
Department of Education or the Secretary of Education with respect
to functions or activities relating to the National Council on the
Handicapped shall be deemed to refer to the National Council on the
Handicapped or the Chairman of the National Council on the
Handicapped, respectively.

-SOURCE-
(Pub. L. 98-221, title I, Sec. 141(b), Feb. 22, 1984, 98 Stat. 26.)

-REFTEXT-
REFERENCES IN TEXT
The Rehabilitation Act of 1973, referred to in par. (2), is Pub.
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
classified generally to this chapter (Sec. 701 et seq.). For
complete classification of this Act to the Code, see Short Title
note set out under section 701 of this title and Tables.

-COD-
CODIFICATION
Section was enacted as part of the Rehabilitation Amendments of
1984, and not as part of Rehabilitation Act of 1973 which comprises
this chapter.

-CHANGE-
CHANGE OF NAME
The National Council on the Handicapped was established by former
section 780 of this title and was redesignated the National Council
on Disability by an amendment to that section by Pub. L. 100-630,
title II, Sec. 205(b), Nov. 7, 1988, 102 Stat. 3310.

-End-

-CITE-
29 USC Sec. 781 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-
Sec. 781. Duties of National Council

-STATUTE-
(a) In general
The National Council shall -
(1) provide advice to the Director with respect to the policies
and conduct of the National Institute on Disability and
Rehabilitation Research, including ways to improve research
concerning individuals with disabilities and the methods of
collecting and disseminating findings of such research;
(2) provide advice to the Commissioner with respect to the
policies of and conduct of the Rehabilitation Services
Administration;
(3) advise the President, the Congress, the Commissioner, the
appropriate Assistant Secretary of the Department of Education,
and the Director of the National Institute on Disability and
Rehabilitation Research on the development of the programs to be
carried out under this chapter;
(4) provide advice regarding priorities for the activities of
the Interagency Disability Coordinating Council and review the
recommendations of such Council for legislative and
administrative changes to ensure that such recommendations are
consistent with the purposes of the Council to promote the full
integration, independence, and productivity of individuals with
disabilities;
(5) review and evaluate on a continuing basis -
(A) policies, programs, practices, and procedures concerning
individuals with disabilities conducted or assisted by Federal
departments and agencies, including programs established or
assisted under this chapter or under the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 [42
U.S.C. 15001 et seq.]; and
(B) all statutes and regulations pertaining to Federal
programs which assist such individuals with disabilities;

in order to assess the effectiveness of such policies, programs,
practices, procedures, statutes, and regulations in meeting the
needs of individuals with disabilities;
(6) assess the extent to which such policies, programs,
practices, and procedures facilitate or impede the promotion of
the policies set forth in subparagraphs (A) and (B) of section
780(a)(2) of this title;
(7) gather information about the implementation, effectiveness,
and impact of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(8) make recommendations to the President, the Congress, the
Secretary, the Director of the National Institute on Disability
and Rehabilitation Research, and other officials of Federal
agencies or other Federal entities, respecting ways to better
promote the policies set forth in section 780(a)(2) of this
title;
(9) provide to the Congress on a continuing basis advice,
recommendations, legislative proposals, and any additional
information that the National Council or the Congress deems
appropriate; and
(10) review and evaluate on a continuing basis new and emerging
disability policy issues affecting individuals with disabilities
at the Federal, State, and local levels, and in the private
sector, including the need for and coordination of adult
services, access to personal assistance services, school reform
efforts and the impact of such efforts on individuals with
disabilities, access to health care, and policies that operate as
disincentives for the individuals to seek and retain employment.
(b) Annual reports
(1) Not later than October 31, 1998, and annually thereafter, the
National Council shall prepare and submit to the President and the
appropriate committees of the Congress a report entitled "National
Disability Policy: A Progress Report".
(2) The report shall assess the status of the Nation in achieving
the policies set forth in section 780(a)(2) of this title, with
particular focus on the new and emerging issues impacting on the
lives of individuals with disabilities. The report shall present,
as appropriate, available data on health, housing, employment,
insurance, transportation, recreation, training, prevention, early
intervention, and education. The report shall include
recommendations for policy change.
(3) In determining the issues to focus on and the findings,
conclusions, and recommendations to include in the report, the
National Council shall seek input from the public, particularly
individuals with disabilities, representatives of organizations
representing a broad range of individuals with disabilities, and
organizations and agencies interested in individuals with
disabilities.
(c) Report describing barriers
(1) Not later than December 31, 1999, the Council shall prepare a
report describing the barriers in Federal assistive technology
policy to increasing the availability of and access to assistive
technology devices and assistive technology services for
individuals with disabilities.
(2) In preparing the report, the Council shall obtain input from
the National Institute on Disability and Rehabilitation Research
and the Association of Tech Act Projects, and from targeted
individuals and entities, as defined in section 3002 of this title.
(3) The Council shall submit the report, along with such
recommendations as the Council determines to be appropriate, to the
Committee on Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House of
Representatives.

-SOURCE-
(Pub. L. 93-112, title IV, Sec. 401, as added Pub. L. 105-220,
title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1199; amended Pub. L.
105-394, title II, Sec. 202, Nov. 13, 1998, 112 Stat. 3653; Pub. L.
106-402, title IV, Sec. 401(b)(3)(B), Oct. 30, 2000, 114 Stat.
1737; Pub. L. 108-364, Sec. 3(b)(2), Oct. 25, 2004, 118 Stat.
1737.)

-REFTEXT-
REFERENCES IN TEXT
The Developmental Disabilities Assistance and Bill of Rights Act
of 2000, referred to in subsec. (a)(5)(A), is Pub. L. 106-402, Oct.
30, 2000, 114 Stat. 1677, which is classified principally to
chapter 144 (Sec. 15001 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 15001 of Title 42 and
Tables.
The Americans with Disabilities Act of 1990, referred to in
subsec. (a)(7), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
as amended, which is classified principally to chapter 126 (Sec.
12101 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title
note set out under section 12101 of Title 42 and Tables.

-MISC1-
PRIOR PROVISIONS
A prior section 781, Pub. L. 93-112, title IV, Sec. 401, as added
Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2977;
amended Pub. L. 98-221, title I, Sec. 142, Feb. 22, 1984, 98 Stat.
27; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title III, Sec.
302(b), title V, Sec. 502, Oct. 21, 1986, 100 Stat. 1810, 1821,
1828; Pub. L. 100-630, title II, Sec. 205(c), Nov. 7, 1988, 102
Stat. 3310; Pub. L. 102-569, title I, Sec. 102(p)(27), title IV,
Sec. 402, Oct. 29, 1992, 106 Stat. 4360, 4422; Pub. L. 104-66,
title II, Sec. 2131, Dec. 21, 1995, 109 Stat. 731, related to
duties of National Council on Disability, prior to the general
amendment of this subchapter by Pub. L. 105-220.
Another prior section 781, Pub. L. 93-112, title IV, Sec. 401,
Sept. 26, 1973, 87 Stat. 386, related to program and project
evaluation, prior to repeal by Pub. L. 95-602, Sec. 117.

AMENDMENTS
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).

-CHANGE-
CHANGE OF NAME
Committee on Labor and Human Resources of Senate changed to
Committee on Health, Education, Labor, and Pensions of Senate by
Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
1999.

-MISC2-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which a report to Congress required under subsec. (b) of this
section is listed on page 182), see section 3003 of Pub. L. 104-66,
as amended, set out as a note under section 1113 of Title 31, Money
and Finance.

-End-

-CITE-
29 USC Sec. 782 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-
Sec. 782. Compensation of National Council members

-STATUTE-
(a) Rate
Members of the National Council shall be entitled to receive
compensation at a rate equal to the rate of pay for level 4 of the
Senior Executive Service Schedule under section 5382 of title 5,
including travel time, for each day they are engaged in the
performance of their duties as members of the National Council.
(b) Full-time officers or employees of United States
Members of the National Council who are full-time officers or
employees of the United States shall receive no additional pay on
account of their service on the National Council except for
compensation for travel expenses as provided under subsection (c)
of this section.
(c) Travel expenses
While away from their homes or regular places of business in the
performance of services for the National Council, members of the
National Council shall be allowed travel expenses, including per
diem in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5.

-SOURCE-
(Pub. L. 93-112, title IV, Sec. 402, as added Pub. L. 105-220,
title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1200.)

-MISC1-
PRIOR PROVISIONS
A prior section 782, Pub. L. 93-112, title IV, Sec. 402, as added
Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2978;
amended Pub. L. 100-630, title II, Sec. 205(d), Nov. 7, 1988, 102
Stat. 3310; Pub. L. 102-569, title IV, Sec. 403, Oct. 29, 1992, 106
Stat. 4423, related to compensation of National Council members,
prior to the general amendment of this subchapter by Pub. L. 105-
220.
Another prior section 782, Pub. L. 93-112, title IV, Sec. 402,
Sept. 26, 1973, 87 Stat. 387, authorized the Secretary to obtain
information from Federal agencies, prior to repeal by Pub. L. 95-
602, Sec. 117.

-End-

-CITE-
29 USC Sec. 783 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-
Sec. 783. Staff of National Council

-STATUTE-
(a) Executive Director; technical and professional employees
(1) The Chairperson of the National Council may appoint and
remove, without regard to the provisions of title 5 governing
appointments, the provisions of chapter 75 of such title (relating
to adverse actions), the provisions of chapter 77 of such title
(relating to appeals), or the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to
classification and General Schedule pay rates), an Executive
Director to assist the National Council to carry out its duties.
The Executive Director shall be appointed from among individuals
who are experienced in the planning or operation of programs for
individuals with disabilities.
(2) The Executive Director is authorized to hire technical and
professional employees to assist the National Council to carry out
its duties.
(b) Temporary or intermittent services; voluntary and uncompensated
services; gifts, etc.; contracts and agreements; official
representation and reception
(1) The National Council may procure temporary and intermittent
services to the same extent as is authorized by section 3109(b) of
title 5 (but at rates for individuals not to exceed the daily
equivalent of the rate of pay for level 4 of the Senior Executive
Service Schedule under section 5382 of title 5).
(2) The National Council may -
(A) accept voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of title 31;
(B) in the name of the Council, solicit, accept, employ, and
dispose of, in furtherance of this chapter, any money or
property, real or personal, or mixed, tangible or nontangible,
received by gift, devise, bequest, or otherwise; and
(C) enter into contracts and cooperative agreements with
Federal and State agencies, private firms, institutions, and
individuals for the conduct of research and surveys, preparation
of reports and other activities necessary to the discharge of the
Council's duties and responsibilities.

(3) Not more than 10 per centum of the total amounts available to
the National Council in each fiscal year may be used for official
representation and reception.
(c) Administrative support services
The Administrator of General Services shall provide to the
National Council on a reimbursable basis such administrative
support services as the Council may request.
(d) Investment of amounts not required for current withdrawals
(1) It shall be the duty of the Secretary of the Treasury to
invest such portion of the amounts made available under subsection
(a)(2)(B) (!1) of this section as is not, in the Secretary's
judgment, required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.

(2) The amounts described in paragraph (1), and the interest on,
and the proceeds from the sale or redemption of, the obligations
described in paragraph (1) shall be available to the National
Council to carry out this subchapter.

-SOURCE-
(Pub. L. 93-112, title IV, Sec. 403, as added Pub. L. 105-220,
title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1200.)

-REFTEXT-
REFERENCES IN TEXT
The provisions of title 5 governing appointments, referred to in
subsec. (a)(1), are classified generally to section 3301 et seq. of
Title 5, Government Organization and Employees.

-MISC1-
PRIOR PROVISIONS
A prior section 783, Pub. L. 93-112, title IV, Sec. 403, as added
Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2978;
amended Pub. L. 98-221, title I, Sec. 143, Feb. 22, 1984, 98 Stat.
28; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title V, Sec. 503,
Oct. 21, 1986, 100 Stat. 1810, 1829; Pub. L. 100-630, title II,
Sec. 205(e), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102-569, title
I, Sec. 102(p)(28), title IV, Sec. 404, Oct. 29, 1992, 106 Stat.
4360, 4423; Pub. L. 103-73, title I, Sec. 111, Aug. 11, 1993, 107
Stat. 727, related to National Council staff, prior to the general
amendment of this subchapter by Pub. L. 105-220.
Another prior section 783, Pub. L. 93-112, title IV, Sec. 403,
Sept. 26, 1973, 87 Stat. 387; Pub. L. 93-516, title I, Sec. 108,
Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651, title I, Sec. 108,
Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230, Secs. 8, 11(b)(11),
Mar. 15, 1976, 90 Stat. 212, 213, authorized appropriations to
conduct program and project evaluations, prior to repeal by Pub. L.
95-602, Sec. 117.

-FOOTNOTE-
(!1) So in original. Probably should be subsection "(b)(2)(B)".

-End-

-CITE-
29 USC Sec. 784 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-
Sec. 784. Administrative powers of National Council

-STATUTE-
(a) Bylaws and rules
The National Council may prescribe such bylaws and rules as may
be necessary to carry out its duties under this subchapter.
(b) Hearings
The National Council may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence as
it deems advisable.
(c) Advisory committees
The National Council may appoint advisory committees to assist
the National Council in carrying out its duties. The members
thereof shall serve without compensation.
(d) Use of mails
The National Council may use the United States mails in the same
manner and upon the same conditions as other departments and
agencies of the United States.
(e) Use of services, personnel, information, and facilities
The National Council may use, with the consent of the agencies
represented on the Interagency Disability Coordinating Council, and
as authorized in subchapter V of this chapter, such services,
personnel, information, and facilities as may be needed to carry
out its duties under this subchapter, with or without reimbursement
to such agencies.

-SOURCE-
(Pub. L. 93-112, title IV, Sec. 404, as added Pub. L. 105-220,
title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1201.)

-MISC1-
PRIOR PROVISIONS
A prior section 784, Pub. L. 93-112, title IV, Sec. 404, as added
Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2979;
amended Pub. L. 102-569, title IV, Sec. 405, Oct. 29, 1992, 106
Stat. 4423, related to administrative powers of National Council,
prior to the general amendment of this subchapter by Pub. L. 105-
220.
Another prior section 784, Pub. L. 93-112, title IV, Sec. 404,
Sept. 26, 1973, 87 Stat. 387, directed Secretary to submit annual
reports to the President and to Congress on activities carried out
under this chapter, prior to repeal by Pub. L. 95-602, Sec. 117.

TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a committee
established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
committee established by the Congress, its duration is otherwise
provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.

-End-

-CITE-
29 USC Sec. 785 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY

-HEAD-
Sec. 785. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to carry out this
subchapter such sums as may be necessary for each of the fiscal
years 1999 through 2003.

-SOURCE-
(Pub. L. 93-112, title IV, Sec. 405, as added Pub. L. 105-220,
title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1202.)

-MISC1-
PRIOR PROVISIONS
A prior section 785, Pub. L. 93-112, title IV, Sec. 405, as added
Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2979;
amended Pub. L. 99-506, title V, Sec. 504, Oct. 21, 1986, 100 Stat.
1829; Pub. L. 102-52, Sec. 5, June 6, 1991, 105 Stat. 262; Pub. L.
102-569, title IV, Sec. 406, Oct. 29, 1992, 106 Stat. 4423,
authorized appropriations, prior to the general amendment of this
subchapter by Pub. L. 105-220.
Another prior section 785, Pub. L. 93-112, title IV, Sec. 405,
Sept. 26, 1973, 87 Stat. 388; Pub. L. 93-516, title I, Secs. 109,
111(m), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93-651, title I,
Secs. 109, 111(m), Nov. 21, 1974, 89 Stat. 2-4, 2-6; Pub. L. 94-
230, Secs. 9, 11(b)(12), Mar. 15, 1976, 90 Stat. 212, 213,
specified certain responsibilities of the Secretary, prior to
repeal by Pub. L. 95-602, Sec. 117.
Prior sections 786 and 787 were repealed by Pub. L. 95-602, title
I, Sec. 117, Nov. 6, 1978, 92 Stat. 2977.
Section 786, Pub. L. 93-112, title IV, Sec. 406, Sept. 26, 1973,
87 Stat. 389; S. Res. 4, Feb. 4, 1977, provided that the Secretary
conduct a study on the role of sheltered workshops in the
rehabilitation and employment of handicapped individuals and report
the results of this study to Congress within twenty-four months
after Sept. 26, 1973.
Section 787, Pub. L. 93-112, title IV, Sec. 407, Sept. 26, 1973,
87 Stat. 389, provided that the Secretary conduct a study on
allotment of funds among the States for grants for basic vocational
rehabilitation and report the results of this study to Congress not
later than June 30, 1974.

-End-

-CITE-
29 USC SUBCHAPTER V - RIGHTS AND ADVOCACY 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
SUBCHAPTER V - RIGHTS AND ADVOCACY

-End-

-CITE-
29 USC Sec. 790 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 790. Repealed. Pub. L. 102-569, title V, Sec. 502(a), Oct. 29,
1992, 106 Stat. 4424

-MISC1-
Section, Pub. L. 93-112, title V, Sec. 500, Sept. 26, 1973, 87
Stat. 390, related to effects on existing law, references in other
provisions, availability of unexpended appropriations, savings
provision, and extension of appropriations.

-End-

-CITE-
29 USC Sec. 791 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 791. Employment of individuals with disabilities

-STATUTE-
(a) Interagency Committee on Employees who are Individuals with
Disabilities; establishment; membership; co-chairmen;
availability of other Committee resources; purpose and functions
There is established within the Federal Government an Interagency
Committee on Employees who are Individuals with Disabilities
(hereinafter in this section referred to as the "Committee"),
comprised of such members as the President may select, including
the following (or their designees whose positions are Executive
Level IV or higher): the Chairman of the Equal Employment
Opportunity Commission (hereafter in this section referred to as
the "Commission"), the Director of the Office of Personnel
Management, the Secretary of Veterans Affairs, the Secretary of
Labor, the Secretary of Education, and the Secretary of Health and
Human Services. Either the Director of the Office of Personnel
Management and the Chairman of the Commission shall serve as co-
chairpersons of the Committee or the Director or Chairman shall
serve as the sole chairperson of the Committee, as the Director and
Chairman jointly determine, from time to time, to be appropriate.
The resources of the President's Committees on Employment of People
With Disabilities and on Mental Retardation shall be made fully
available to the Committee. It shall be the purpose and function of
the Committee (1) to provide a focus for Federal and other
employment of individuals with disabilities, and to review, on a
periodic basis, in cooperation with the Commission, the adequacy of
hiring, placement, and advancement practices with respect to
individuals with disabilities, by each department, agency, and
instrumentality in the executive branch of Government and the
Smithsonian Institution, and to insure that the special needs of
such individuals are being met; and (2) to consult with the
Commission to assist the Commission to carry out its
responsibilities under subsections (b), (c), and (d) of this
section. On the basis of such review and consultation, the
Committee shall periodically make to the Commission such
recommendations for legislative and administrative changes as it
deems necessary or desirable. The Commission shall timely transmit
to the appropriate committees of Congress any such recommendations.
(b) Federal agencies; affirmative action program plans
Each department, agency, and instrumentality (including the
United States Postal Service and the Postal Rate Commission) in the
executive branch and the Smithsonian Institution shall, within one
hundred and eighty days after September 26, 1973, submit to the
Commission and to the Committee an affirmative action program plan
for the hiring, placement, and advancement of individuals with
disabilities in such department, agency, instrumentality, or
Institution. Such plan shall include a description of the extent to
which and methods whereby the special needs of employees who are
individuals with disabilities are being met. Such plan shall be
updated annually, and shall be reviewed annually and approved by
the Commission, if the Commission determines, after consultation
with the Committee, that such plan provides sufficient assurances,
procedures and commitments to provide adequate hiring, placement,
and advancement opportunities for individuals with disabilities.
(c) State agencies; rehabilitated individuals, employment
The Commission, after consultation with the Committee, shall
develop and recommend to the Secretary for referral to the
appropriate State agencies, policies and procedures which will
facilitate the hiring, placement, and advancement in employment of
individuals who have received rehabilitation services under State
vocational rehabilitation programs, veterans' programs, or any
other program for individuals with disabilities, including the
promotion of job opportunities for such individuals. The Secretary
shall encourage such State agencies to adopt and implement such
policies and procedures.
(d) Report to Congressional committees
The Commission, after consultation with the Committee, shall, on
June 30, 1974, and at the end of each subsequent fiscal year, make
a complete report to the appropriate committees of the Congress
with respect to the practices of and achievements in hiring,
placement, and advancement of individuals with disabilities by each
department, agency, and instrumentality and the Smithsonian
Institution and the effectiveness of the affirmative action
programs required by subsection (b) of this section, together with
recommendations as to legislation which have been submitted to the
Commission under subsection (a) of this section, or other
appropriate action to insure the adequacy of such practices. Such
report shall also include an evaluation by the Committee of the
effectiveness of the activities of the Commission under subsections
(b) and (c) of this section.
(e) Federal work experience without pay; non-Federal status
An individual who, as a part of an individualized plan for
employment under a State plan approved under this chapter,
participates in a program of unpaid work experience in a Federal
agency, shall not, by reason thereof, be considered to be a Federal
employee or to be subject to the provisions of law relating to
Federal employment, including those relating to hours of work,
rates of compensation, leave, unemployment compensation, and
Federal employee benefits.
(f) Federal agency cooperation; special consideration for positions
on President's Committee on Employment of People With
Disabilities
(1) The Secretary of Labor and the Secretary of Education are
authorized and directed to cooperate with the President's Committee
on Employment of People With Disabilities in carrying out its
functions.
(2) In selecting personnel to fill all positions on the
President's Committee on Employment of People With Disabilities,
special consideration shall be given to qualified individuals with
disabilities.
(g) Standards used in determining violation of section
The standards used to determine whether this section has been
violated in a complaint alleging nonaffirmative action employment
discrimination under this section shall be the standards applied
under title I of the Americans with Disabilities Act of 1990 (42
U.S.C. 12111 et seq.) and the provisions of sections 501 through
504, and 510, of the Americans with Disabilities Act of 1990 (42
U.S.C. 12201-12204 and 12210), as such sections relate to
employment.

-SOURCE-
(Pub. L. 93-112, title V, Sec. 501, Sept. 26, 1973, 87 Stat. 390;
Pub. L. 98-221, title I, Sec. 104(b)(3), Feb. 22, 1984, 98 Stat.
18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title X, Secs.
1001(f)(1), 1002(e)(1), (2)(A), Oct. 21, 1986, 100 Stat. 1810,
1843, 1844; Pub. L. 100-630, title II, Sec. 206(a), Nov. 7, 1988,
102 Stat. 3310; Pub. L. 102-54, Sec. 13(k)(1)(B), June 13, 1991,
105 Stat. 276; Pub. L. 102-569, title I, Sec. 102(p)(29), title V,
Sec. 503, Oct. 29, 1992, 106 Stat. 4360, 4424; Pub. L. 103-73,
title I, Sec. 112(a), Aug. 11, 1993, 107 Stat. 727; Pub. L. 105-
220, title III, Sec. 341(c), title IV, Sec. 408(a)(1), Aug. 7,
1998, 112 Stat. 1092, 1202.)

-REFTEXT-
REFERENCES IN TEXT
Level IV of the Executive Schedule, referred to in subsec. (a),
is set out in section 5315 of Title 5, Government Organization and
Employees.
The Americans with Disabilities Act of 1990, referred to in
subsec. (g), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as
amended. Title I of the Act is classified generally to subchapter I
(Sec. 12111 et seq.) of chapter 126 of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 12101 of Title 42 and
Tables.

-MISC1-
PRIOR PROVISIONS
Prior similar provisions were set out in section 38 of this
title.

AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-220, Sec. 408(a)(1)(A),
substituted "President's Committees on Employment of People With
Disabilities" for "President's Committees on Employment of the
Handicapped" in third sentence.
Pub. L. 105-220, Sec. 341(c)(1), inserted "and the Smithsonian
Institution" after "Government" in fourth sentence.
Subsec. (b). Pub. L. 105-220, Sec. 341(c)(2), in first sentence,
inserted "and the Smithsonian Institution" after "in the executive
branch" and substituted "such department, agency, instrumentality,
or Institution" for "such department, agency, or instrumentality".
Subsec. (d). Pub. L. 105-220, Sec. 341(c)(3), inserted "and the
Smithsonian Institution" after "instrumentality".
Subsec. (e). Pub. L. 105-220, Sec. 408(a)(1)(B), substituted
"individualized plan for employment" for "individualized written
rehabilitation program".
1993 - Subsec. (a). Pub. L. 103-73 in first sentence inserted
comma after "Veterans Affairs".
1992 - Pub. L. 102-569, Sec. 102(p)(29)(A), substituted
"disabilities" for "handicaps" in section catchline.
Subsec. (a). Pub. L. 102-569, Sec. 503(a), substituted "the
Director of the Office of Personnel Management, the Secretary of
Veterans Affairs" for "the Secretary of Veterans Affairs, and", and
amended second sentence generally. Prior to amendment, second
sentence read as follows: "The Secretary of Education and the
Chairman of the Commission shall serve as co-chairpersons of the
Committee."
Pub. L. 102-569, Sec. 102(p)(29)(B), (C), substituted
"Interagency Committee on Employees who are Individuals with
Disabilities" for "Interagency Committee on Handicapped Employees"
and "individuals with disabilities" for "individuals with
handicaps" in two places.
Subsec. (b). Pub. L. 102-569, Sec. 102(p)(29)(C), (D),
substituted "individuals with disabilities" for "individuals with
handicaps" after "advancement of" and after "opportunities for" and
"employees who are individuals with disabilities" for "employees
with handicaps".
Subsecs. (c), (d), (f)(2). Pub. L. 102-569, Sec. 102(p)(29)(C),
substituted "individuals with disabilities" for "individuals with
handicaps".
Subsec. (g). Pub. L. 102-569, Sec. 503(b), added subsec. (g).
1991 - Subsec. (a). Pub. L. 102-54 substituted "Secretary of
Veterans Affairs" for "Administrator of Veterans' Affairs".
1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(a)(3)(C), which
directed substitution of "Employment of People With Disabilities"
for "Employment of the Handicapped" in second sentence, could not
be executed because the words did not appear in second sentence.
Pub. L. 100-630, Sec. 206(a)(1)-(3)(B), (4), inserted "(hereafter
in this section referred to as the 'Commission')" after first
reference to "Equal Employment Opportunity Commission" and
substituted "Commission" for "Equal Opportunity Employment
Commission" wherever appearing, "Secretary of Labor, the Secretary
of Education, and the Secretary of Health and Human Services" for
"Secretaries of Labor and Education and Health and Human Services"
in first sentence, "co-chairpersons" for "co-chairmen" in second
sentence, and "Commission" for "Office" in cl. (2).
Subsec. (b). Pub. L. 100-630, Sec. 206(a)(2), (5), substituted
"submit to the Commission" for "submit to the Equal Employment
Opportunity Commission", "employees with handicaps" for
"handicapped employees", and "Commission, if the Commission
determines" for "Office, if the Office determines".
Subsecs. (c), (d). Pub. L. 100-630, Sec. 206(a)(2), substituted
"Commission" for "Equal Opportunity Employment Commission" wherever
appearing.
Subsec. (e). Pub. L. 100-630, Sec. 206(a)(6), substituted "an
individualized" for "a individualized".
Subsec. (f)(1), (2). Pub. L. 100-630, Sec. 206(a)(7), substituted
"Employment of People With Disabilities" for "Employment of the
Handicapped".
1986 - Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
"individuals with handicaps" for "handicapped individuals" in
section catchline.
Subsecs. (a) to (c). Pub. L. 99-506, Secs. 103(d)(2)(C),
1002(e)(1), substituted "Equal Employment Opportunity Commission"
for "Office of Personnel Management" and "individuals with
handicaps" for "handicapped individuals" wherever appearing.
Subsec. (d). Pub. L. 99-506, Secs. 103(d)(2)(C), 1002(e)(1),
(2)(A), substituted "Equal Employment Opportunity Commission" for
"Office of Personnel Management" wherever appearing, "individuals
with handicaps" for "handicapped individuals", and "of the
activities" for "of the the activities".
Subsec. (e). Pub. L. 99-506, Sec. 1001(f)(1), substituted "a
individualized" for "his individualized".
Subsec. (f)(2). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
"individuals with handicaps" for "handicapped individuals".
1984 - Subsec. (a). Pub. L. 98-221, Sec. 104(b)(3)(A)-(D),
substituted "the Chairman of the Office of Personnel Management"
and "Education and Health and Human Services" for "the Chairman of
the Civil Service Commission" and "Health, Education, and Welfare",
respectively, in first sentence, "Secretary of Education and the
Chairman of the Office of Personnel Management" for "Secretary of
Health, Education, and Welfare and the Chairman of the Civil
Service Commission" in second sentence, "Office of Personnel
Management" for "Civil Service Commission" in four places, and
"Office" for "Commission".
Subsec. (b). Pub. L. 98-221, Sec. 104(b)(3)(C), (D), substituted
"Office of Personnel Management" for "Civil Service Commission" and
substituted "Office" for "Commission" in two places.
Subsec. (c). Pub. L. 98-221, Sec. 104(b)(3)(C), substituted
"Office of Personnel Management" for "Civil Service Commission".
Subsec. (d). Pub. L. 98-221, Sec. 104(b)(3)(C), (E), substituted
"Office of Personnel Management" for "Civil Service Commission" in
two places and "the activities of the Office of Personnel
Management" for "Civil Service Commission's activities".
Subsec. (f)(1). Pub. L. 98-221, Sec. 104(b)(3)(F), substituted
"Secretary of Education" for "Secretary of Health, Education, and
Welfare".

EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 341(c) of Pub. L. 105-220 effective Aug. 7,
1998, and applicable to and may be raised in any administrative or
judicial claim or action brought before Aug. 7, 1998, but pending
on such date, and any administrative or judicial claim or action
brought after such date regardless of whether the claim or action
arose prior to such date, if the claim or action was brought within
the applicable statute of limitations, see section 341(d) of Pub.
L. 105-220, set out as a note under section 633a of this title.

EFFECTIVE DATE OF 1992 AMENDMENT
Pub. L. 102-569, title I, Sec. 138, Oct. 29, 1992, 106 Stat.
4397, as amended by Pub. L. 103-73, title I, Sec. 102(3), Aug. 11,
1993, 107 Stat. 718, provided that:
"(a) Effective Date. - Except as provided in subsection (b), this
title [enacting sections 718 to 718b, 725 to 728a, and 740 to 744
of this title, amending this section and sections 701, 705 to 707,
709, 711 to 715, 717, 720 to 724, 730 to 732, 740, 741, 750, 761a
to 762, 770, 772 to 776, 777a, 777b, 777d to 777f, 780, 781, 783,
792 to 794, 795, 795d, 795e, and 795h of this title, repealing
section 752 of this title, enacting provisions set out as notes
under section 712 of this title, and amending provisions set out as
a note under section 701 of this title] and the amendments made by
this title shall take effect on the date of enactment of this Act
[Oct. 29, 1992].
"(b) Compliance. - Each State agency subject to the provisions of
title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.]
shall comply with the amendments made by this subtitle [subtitle B
(Secs. 121-138) of title I of Pub. L. 102-569, enacting sections
725 to 728a and 740 to 744 of this title, amending sections 705,
720 to 724, and 730 to 732 of this title, and repealing section 752
of this title], as soon as is practicable after the date of
enactment of this Act [Oct. 29, 1992], consistent with the
effective and efficient administration of the Rehabilitation Act of
1973 [29 U.S.C. 701 et seq.], but not later than October 1, 1993."

EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99-506, title X, Sec. 1006, Oct. 21, 1986, 100 Stat.
1846, provided that: "Except as otherwise provided in this Act [see
Short Title of 1986 Amendment note set out under section 701 of
this title], this Act shall take effect on the date of its
enactment [Oct. 21, 1986]."

TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which reports required under subsecs. (a) and (d) of this section
are listed on page 188), see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money
and Finance.

-EXEC-
EXECUTIVE ORDER NO. 10640
Ex. Ord. No. 10640, Oct. 10, 1955, 20 F.R. 7717, formerly set out
as a note under section 39 of this title, which related to
President's Committee on Employment of the Physically Handicapped,
was superseded by section 6(a) of Ex. Ord. No. 10994, Feb. 14,
1962, 27 F.R. 1447, which established President's Committee on
Employment of the Handicapped.

EXECUTIVE ORDER NO. 10994
Ex. Ord. No. 10994, Feb. 14, 1962, 27 F.R. 1447, as amended by
Ex. Ord. No. 11018, Apr. 27, 1962, 27 F.R. 4143, which established
the President's Committee on Employment of the Handicapped, was
superseded by Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273,
formerly set out below.

EXECUTIVE ORDER NO. 11480
Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, as amended by
Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No.
12608, Sept. 9, 1987, 52 F.R. 34617, which established and provided
for the functions of the President's Committee on Employment of the
Handicapped, was superseded by Ex. Ord. No. 12640, May 10, 1988, 53
F.R. 16996, formerly set out below.

EX. ORD. NO. 11830. ENLARGING MEMBERSHIP OF INTERAGENCY COMMITTEE
ON HANDICAPPED EMPLOYEES
Ex. Ord. No. 11830, Jan. 9, 1975, 40 F.R. 2411, as amended by Ex.
Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No. 12450,
Dec. 9, 1983, 48 F.R. 55409; Ex. Ord. No. 12672, Mar. 21, 1989, 54
F.R. 12167; Ex. Ord. No. 12704, Sec. 1, Feb. 26, 1990, 55 F.R.
6969, provided:
By virtue of the authority vested in me by section 501(a) of the
Rehabilitation Act of 1973 (Public Law 93-112; 87 Stat. 390)
[subsec. (a) of this section], it is hereby ordered as follows:
Section 1. In accord with Section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791) and Section 4 of Reorganization Plan No. 1
of 1978 (43 FR 19808) [set out in the Appendix to Title 5,
Government Organization and Employees], the Interagency Committee
on Handicapped Employees is enlarged and composed of the following,
or their designees whose positions are Executive level IV or
higher:
(1) Secretary of Defense.
(2) Secretary of Labor.
(3) Secretary of Education, Co-Chairman.
(4) Director of the Office of Personnel Management.
(5) Administrator of Veterans Affairs.
(6) Administrator of General Services.
(7) Chairman of the Federal Communications Commission.
(8) Chairman of the Equal Employment Opportunity Commission, Co-
Chairman.
(9) Secretary of Health and Human Services.
(10) Postmaster General of the United States Postal Service.
(11) Chairman of the President's Committee on Employment of
People with Disabilities (Ex Officio).
(12) Such other members as the President may designate.
Sec. 2. The Interagency Committee on Handicapped Employees shall
also be referred to as the Interagency Committee on Employment of
People with Disabilities.

EXECUTIVE ORDER NO. 12640
Ex. Ord. No. 12640, May 10, 1988, 53 F.R. 16996, as amended by
Ex. Ord. No. 12945, Jan. 20, 1995, 60 F.R. 4527, which established
the President's Committee on Employment of People with
Disabilities, the Executive Committee of the President's Committee
on Employment of People with Disabilities, and the Advisory Council
on Employment of People with Disabilities, and provided for the
membership, functions, and administration of those bodies, and
superseded Ex. Ord. No. 11480, was revoked by Ex. Ord. No. 13187,
Sec. 4(a), Jan. 10, 2001, 66 F.R. 3858, set out as a note under
section 701 of this title.

EX. ORD. NO. 13163. INCREASING THE OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES TO BE EMPLOYED IN THE FEDERAL GOVERNMENT
Ex. Ord. No. 13163, July 26, 2000, 65 F.R. 46563, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
promote an increase in the opportunities for individuals with
disabilities to be employed at all levels and occupations of the
Federal Government, and to support the goals articulated in section
501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), it is hereby
ordered as follows:
Section 1. Increasing the Federal Employment Opportunities for
Individuals with Disabilities. (a) Recent evidence demonstrates
that, throughout the United States, qualified persons with
disabilities have been refused employment despite their
availability and qualifications, and many qualified persons with
disabilities are never made aware of available employment
opportunities. Evidence also suggests that increased efforts at
outreach, and increased understanding of the reasonable
accommodations available for persons with disabilities, will permit
persons with disabilities to compete for employment on a more level
playing field.
(b) Based on current hiring patterns and anticipated increases
from expanded outreach efforts and appropriate accommodations, the
Federal Government, over the next 5 years, will be able to hire
100,000 qualified individuals with disabilities. In furtherance of
such efforts, Federal agencies shall:
(1) Use available hiring authorities, consistent with statutes,
regulations, and prior Executive orders and Presidential
Memoranda;
(2) Expand their outreach efforts, using both traditional and
nontraditional methods; and
(3) Increase their efforts to accommodate individuals with
disabilities.
(c) As a model employer, the Federal Government will take the
lead in educating the public about employment opportunities
available for individuals with disabilities.
(d) This order does not require agencies to create new positions
or to change existing qualification standards for any position.
Sec. 2. Implementation. Each Federal agency shall prepare a plan
to increase the opportunities for individuals with disabilities to
be employed in the agency. Each agency shall submit that plan to
the Office of Personnel Management within 60 days from the date of
this order.
Sec. 3. Authority to Develop Guidance. The Office of Personnel
Management shall develop guidance on the provisions of this order
to increase the opportunities for individuals with disabilities
employed in the Federal Government.
Sec. 4. Judicial Review. This order is intended only to improve
the internal management of the executive branch and does not create
any right or benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its agencies, its
officers, its employees, or any person.
William J. Clinton.

EX. ORD. NO. 13164. REQUIRING FEDERAL AGENCIES TO ESTABLISH
PROCEDURES TO FACILITATE THE PROVISION OF REASONABLE ACCOMMODATION
Ex. Ord. No. 13164, July 26, 2000, 65 F.R. 46565, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended, and
in order to promote a model Federal workplace that provides
reasonable accommodation for (1) individuals with disabilities in
the application process for Federal employment; (2) Federal
employees with disabilities to perform the essential functions of a
position; and (3) Federal employees with disabilities to enjoy
benefits and privileges of employment equal to those enjoyed by
employees without disabilities, it is hereby ordered as follows:
Section 1. Establishment of Effective Written Procedures to
Facilitate the Provision of Reasonable Accommodation. (a) Each
Federal agency shall establish effective written procedures for
processing requests for reasonable accommodation by employees and
applicants with disabilities. The written procedures may allow
different components of an agency to tailor their procedures as
necessary to ensure the expeditious processing of requests.
(b) As set forth in Re-charting the Course: The First Report of
the Presidential Task Force on Employment of Adults with
Disabilities (1998), effective written procedures for processing
requests for reasonable accommodation should include the following:
(1) Explain that an employee or job applicant may initiate a
request for reasonable accommodation orally or in writing. If the
agency requires an applicant or employee to complete a reasonable
accommodation request form for recordkeeping purposes, the form
must be provided as an attachment to the agency's written
procedures;
(2) Explain how the agency will process a request for
reasonable accommodation, and from whom the individual will
receive a final decision;
(3) Designate a time period during which reasonable
accommodation requests will be granted or denied, absent
extenuating circumstances. Time limits for decision making should
be as short as reasonably possible;
(4) Explain the responsibility of the employee or applicant to
provide appropriate medical information related to the functional
impairment at issue and the requested accommodation where the
disability and/or need for accommodation is not obvious;
(5) Explain the agency's right to request relevant supplemental
medical information if the information submitted does not clearly
explain the nature of the disability, or the need for the
reasonable accommodation, or does not otherwise clarify how the
requested accommodation will assist the employee to perform the
essential functions of the job or to enjoy the benefits and
privileges of the workplace;
(6) Explain the agency's right to have medical information
reviewed by a medical expert of the agency's choosing at the
agency's expense;
(7) Provide that reassignment will be considered as a
reasonable accommodation if the agency determines that no other
reasonable accommodation will permit the employee with a
disability to perform the essential functions of his or her
current position;
(8) Provide that reasonable accommodation denials be in writing
and specify the reasons for denial;
(9) Ensure that agencies' systems of recordkeeping track the
processing of requests for reasonable accommodation and maintain
the confidentiality of medical information received in accordance
with applicable law and regulations; and
(10) Encourage the use of informal dispute resolution processes
to allow individuals with disabilities to obtain prompt
reconsideration of denials of reasonable accommodation. Agencies
must also inform individuals with disabilities that they have the
right to file complaints in the Equal Employment Opportunity
process and other statutory processes, as appropriate, if their
requests for reasonable accommodation are denied.
Sec. 2. Submission of Agency Reasonable Accommodation Procedures
to the Equal Employment Opportunity Commission (EEOC). Within 1
year from the date of this order, each agency shall submit its
procedures to the EEOC. Each agency shall also submit to the EEOC
any modifications to its reasonable accommodation procedures at the
time that those modifications are adopted.
Sec. 3. Collective Bargaining Obligations. In adopting their
reasonable accommodation procedures, agencies must honor their
obligations to notify their collective bargaining representatives
and bargain over such procedures to the extent required by law.
Sec. 4. Implementation. The EEOC shall issue guidance for the
implementation of this order within 90 days from the date of this
order.
Sec. 5. Construction and Judicial Review. (a) Nothing in this
order limits the rights that individuals with disabilities may have
under the Rehabilitation Act of 1973, as amended.
(b) This order is intended only to improve the internal
management of the executive branch and does not create any right or
benefit, substantive or procedural, enforceable at law or equity by
a party against the United States, its agencies, its officers, its
employees, or any person.
William J. Clinton.

-End-

-CITE-
29 USC Sec. 792 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 792. Architectural and Transportation Barriers Compliance
Board

-STATUTE-
(a) Establishment; membership; chairperson; vice-chairperson; term
of office; termination of membership; reappointment; compensation
and travel expenses; bylaws; quorum requirements
(1) There is established within the Federal Government the
Architectural and Transportation Barriers Compliance Board
(hereinafter referred to as the "Access Board") which shall be
composed as follows:
(A) Thirteen members shall be appointed by the President from
among members of the general public of whom at least a majority
shall be individuals with disabilities.
(B) The remaining members shall be the heads of each of the
following departments or agencies (or their designees whose
positions are executive level IV or higher):
(i) Department of Health and Human Services.
(ii) Department of Transportation.
(iii) Department of Housing and Urban Development.
(iv) Department of Labor.
(v) Department of the Interior.
(vi) Department of Defense.
(vii) Department of Justice.
(viii) General Services Administration.
(ix) Department of Veterans Affairs.
(x) United States Postal Service.
(xi) Department of Education.
(xii) Department of Commerce.

The chairperson and vice-chairperson of the Access Board shall be
elected by majority vote of the members of the Access Board to
serve for terms of one year. When the chairperson is a member of
the general public, the vice-chairperson shall be a Federal
official; and when the chairperson is a Federal official, the vice-
chairperson shall be a member of the general public. Upon the
expiration of the term as chairperson of a member who is a Federal
official, the subsequent chairperson shall be a member of the
general public; and vice versa.
(2)(A)(i) The term of office of each appointed member of the
Access Board shall be 4 years, except as provided in clause (ii).
Each year, the terms of office of at least three appointed members
of the board (!1) shall expire.

(ii)(I) One member appointed for a term beginning December 4,
1992 shall serve for a term of 3 years.
(II) One member appointed for a term beginning December 4, 1993
shall serve for a term of 2 years.
(III) One member appointed for a term beginning December 4, 1994
shall serve for a term of 1 year.
(IV) Members appointed for terms beginning before December 4,
1992 shall serve for terms of 3 years.
(B) A member whose term has expired may continue to serve until a
successor has been appointed.
(C) A member appointed to fill a vacancy shall serve for the
remainder of the term to which that member's predecessor was
appointed.
(3) If any appointed member of the Access Board becomes a Federal
employee, such member may continue as a member of the Access Board
for not longer than the sixty-day period beginning on the date the
member becomes a Federal employee.
(4) No individual appointed under paragraph (1)(A) of this
subsection who has served as a member of the Access Board may be
reappointed to the Access Board more than once unless such
individual has not served on the Access Board for a period of two
years prior to the effective date of such individual's appointment.
(5)(A) Members of the Access Board who are not regular full-time
employees of the United States shall, while serving on the business
of the Access Board, be entitled to receive compensation at rates
fixed by the President, but not to exceed the daily equivalent of
the rate of pay for level IV of the Executive Schedule under
section 5315 of title 5, including travel time, for each day they
are engaged in the performance of their duties as members of the
Access Board; and shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred by them in
carrying out their duties under this section.
(B) Members of the Access Board who are employed by the Federal
Government shall serve without compensation, but shall be
reimbursed for travel, subsistence, and other necessary expenses
incurred by them in carrying out their duties under this section.
(6)(A) The Access Board shall establish such bylaws and other
rules as may be appropriate to enable the Access Board to carry out
its functions under this chapter.
(B) The bylaws shall include quorum requirements. The quorum
requirements shall provide that (i) a proxy may not be counted for
purposes of establishing a quorum, and (ii) not less than half the
members required for a quorum shall be members of the general
public appointed under paragraph (1)(A).
(b) Functions
It shall be the function of the Access Board to -
(1) ensure compliance with the standards prescribed pursuant to
the Act entitled "An Act to ensure that certain buildings
financed with Federal funds are so designed and constructed as to
be accessible to the physically handicapped", approved August 12,
1968 (commonly known as the Architectural Barriers Act of 1968;
42 U.S.C. 4151 et seq.) (including the application of such Act to
the United States Postal Service), including enforcing all
standards under such Act, and ensuring that all waivers and
modifications to the standards are based on findings of fact and
are not inconsistent with the provisions of this section;
(2) develop advisory information for, and provide appropriate
technical assistance to, individuals or entities with rights or
duties under regulations prescribed pursuant to this subchapter
or titles II and III of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131 et seq. and 12181 et seq.) with respect to
overcoming architectural, transportation, and communication
barriers;
(3) establish and maintain -
(A) minimum guidelines and requirements for the standards
issued pursuant to the Act commonly known as the Architectural
Barriers Act of 1968;
(B) minimum guidelines and requirements for the standards
issued pursuant to titles II and III of the Americans with
Disabilities Act of 1990;
(C) guidelines for accessibility of telecommunications
equipment and customer premises equipment under section 255 of
title 47; and
(D) standards for accessible electronic and information
technology under section 794d of this title;

(4) promote accessibility throughout all segments of society;
(5) investigate and examine alternative approaches to the
architectural, transportation, communication, and attitudinal
barriers confronting individuals with disabilities, particularly
with respect to telecommunications devices, public buildings and
monuments, parks and parklands, public transportation (including
air, water, and surface transportation, whether interstate,
foreign, intrastate, or local), and residential and institutional
housing;
(6) determine what measures are being taken by Federal, State,
and local governments and by other public or nonprofit agencies
to eliminate the barriers described in paragraph (5);
(7) promote the use of the International Accessibility Symbol
in all public facilities that are in compliance with the
standards prescribed by the Administrator of General Services,
the Secretary of Defense, and the Secretary of Housing and Urban
Development pursuant to the Act commonly known as the
Architectural Barriers Act of 1968;
(8) make to the President and to the Congress reports that
shall describe in detail the results of its investigations under
paragraphs (5) and (6);
(9) make to the President and to the Congress such
recommendations for legislative and administrative changes as the
Access Board determines to be necessary or desirable to eliminate
the barriers described in paragraph (5);
(10) ensure that public conveyances, including rolling stock,
are readily accessible to, and usable by, individuals with
physical disabilities; and
(11) carry out the responsibilities specified for the Access
Board in section 794d of this title.
(c) Additional functions; transportation barriers and housing
needs; transportation and housing plans and proposals
The Access Board shall also (1)(A) determine how and to what
extent transportation barriers impede the mobility of individuals
with disabilities and aged individuals with disabilities and
consider ways in which travel expenses in connection with
transportation to and from work for individuals with disabilities
can be met or subsidized when such individuals are unable to use
mass transit systems or need special equipment in private
transportation, and (B) consider the housing needs of individuals
with disabilities; (2) determine what measures are being taken,
especially by public and other nonprofit agencies and groups having
an interest in and a capacity to deal with such problems, (A) to
eliminate barriers from public transportation systems (including
vehicles used in such systems), and to prevent their incorporation
in new or expanded transportation systems, and (B) to make housing
available and accessible to individuals with disabilities or to
meet sheltered housing needs; and (3) prepare plans and proposals
for such further actions as may be necessary to the goals of
adequate transportation and housing for individuals with
disabilities, including proposals for bringing together in a
cooperative effort, agencies, organizations, and groups already
working toward such goals or whose cooperation is essential to
effective and comprehensive action.
(d) Electronic and information technology accessibility training
Beginning in fiscal year 2000, the Access Board, after
consultation with the Secretary, representatives of such public and
private entities as the Access Board determines to be appropriate
(including the electronic and information technology industry),
targeted individuals and entities (as defined in section 3002 of
this title), and State information technology officers, shall
provide training for Federal and State employees on any obligations
related to section 794d of this title.
(e) Investigations; hearings; orders; administrative procedure
applicable; final orders; judicial review; civil action;
intervention
(1) The Access Board shall conduct investigations, hold public
hearings, and issue such orders as it deems necessary to ensure
compliance with the provisions of the Acts cited in subsection (b)
of this section. Except as provided in paragraph (3) of subsection
(f) of this section, the provisions of subchapter II of chapter 5,
and chapter 7 of title 5 shall apply to procedures under this
subsection, and an order of compliance issued by the Access Board
shall be a final order for purposes of judicial review. Any such
order affecting any Federal department, agency, or instrumentality
of the United States shall be final and binding on such department,
agency, or instrumentality. An order of compliance may include the
withholding or suspension of Federal funds with respect to any
building or public conveyance or rolling stock found not to be in
compliance with standards enforced under this section. Pursuant to
chapter 7 of title 5, any complainant or participant in a
proceeding under this subsection may obtain review of a final order
issued in such proceeding.
(2) The executive director is authorized, at the direction of the
Access Board -
(A) to bring a civil action in any appropriate United States
district court to enforce, in whole or in part, any final order
of the Access Board under this subsection; and
(B) to intervene, appear, and participate, or to appear as
amicus curiae, in any court of the United States or in any court
of a State in civil actions that relate to this section or to the
Architectural Barriers Act of 1968 [42 U.S.C. 4151 et seq.].

Except as provided in section 518(a) of title 28, relating to
litigation before the Supreme Court, the executive director may
appear for and represent the Access Board in any civil litigation
brought under this section.
(f) Appointment of executive director, administrative law judges,
and other personnel; provisions applicable to administrative law
judges; authority and duties of executive director; finality of
orders of compliance
(1) There shall be appointed by the Access Board an executive
director and such other professional and clerical personnel as are
necessary to carry out its functions under this chapter. The Access
Board is authorized to appoint as many administrative law judges as
are necessary for proceedings required to be conducted under this
section. The provisions applicable to administrative law judges
appointed under section 3105 of title 5 shall apply to
administrative law judges appointed under this subsection.
(2) The Executive Director shall exercise general supervision
over all personnel employed by the Access Board (other than
administrative law judges and their assistants). The Executive
Director shall have final authority on behalf of the Access Board,
with respect to the investigation of alleged noncompliance and in
the issuance of formal complaints before the Access Board, and
shall have such other duties as the Access Board may prescribe.
(3) For the purpose of this section, an order of compliance
issued by an administrative law judge shall be deemed to be an
order of the Access Board and shall be the final order for the
purpose of judicial review.
(g) Technical, administrative, or other assistance; appointment,
compensation, and travel expenses of advisory and technical
experts and consultants
(1)(A) In carrying out the technical assistance responsibilities
of the Access Board under this section, the Board may enter into an
interagency agreement with another Federal department or agency.
(B) Any funds appropriated to such a department or agency for the
purpose of providing technical assistance may be transferred to the
Access Board. Any funds appropriated to the Access Board for the
purpose of providing such technical assistance may be transferred
to such department or agency.
(C) The Access Board may arrange to carry out the technical
assistance responsibilities of the Board under this section through
such other departments and agencies for such periods as the Board
determines to be appropriate.
(D) The Access Board shall establish a procedure to ensure
separation of its compliance and technical assistance
responsibilities under this section.
(2) The departments or agencies specified in subsection (a) of
this section shall make available to the Access Board such
technical, administrative, or other assistance as it may require to
carry out its functions under this section, and the Access Board
may appoint such other advisers, technical experts, and consultants
as it deems necessary to assist it in carrying out its functions
under this section. Special advisory and technical experts and
consultants appointed pursuant to this paragraph shall, while
performing their functions under this section, be entitled to
receive compensation at rates fixed by the Chairperson,(!2) but not
exceeding the daily equivalent of the rate of pay for level 4 of
the Senior Executive Service Schedule under section 5382 of title
5, including travel time, and while serving away from their homes
or regular places of business they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by section
5703 of such title 5 for persons in the Government service employed
intermittently.

(h) Omitted
(i) Grants and contracts to aid Access Board in carrying out its
functions; acceptance of gifts, devises, and bequests of property
(1) The Access Board may make grants to, or enter into contracts
with, public or private organizations to carry out its duties under
subsections (b) and (c) of this section.
(2)(A) The Access Board may accept, hold, administer, and utilize
gifts, devises, and bequests of property, both real and personal,
for the purpose of aiding and facilitating the functions of the
Access Board under paragraphs (2) and (4) of subsection (b) of this
section. Gifts and bequests of money and proceeds from sales of
other property received as gifts, devises, or bequests shall be
deposited in the Treasury and shall be disbursed upon the order of
the Chairperson.(!2) Property accepted pursuant to this section,
and the proceeds thereof, shall be used as nearly as possible in
accordance with the terms of the gifts, devises, or bequests. For
purposes of Federal income, estate, or gift taxes, property
accepted under this section shall be considered as a gift, devise,
or bequest to the United States.
(B) The Access Board shall publish regulations setting forth the
criteria the Board will use in determining whether the acceptance
of gifts, devises, and bequests of property, both real and
personal, would reflect unfavorably upon the ability of the Board
or any employee to carry out the responsibilities or official
duties of the Board in a fair and objective manner, or would
compromise the integrity of or the appearance of the integrity of a
Government program or any official involved in that program.
(3) Omitted.
(j) Authorization of appropriations
There are authorized to be appropriated for the purpose of
carrying out the duties and functions of the Access Board under
this section such sums as may be necessary for each of the fiscal
years 1999 through 2003.

-SOURCE-
(Pub. L. 93-112, title V, Sec. 502, Sept. 26, 1973, 87 Stat. 391;
Pub. L. 93-516, title I, Secs. 110, 111(n)-(q), Dec. 7, 1974, 88
Stat. 1619, 1621, 1622; Pub. L. 93-651, title I, Secs. 110, 111(n)-
(q), Nov. 21, 1974, 89 Stat. 2-4, 2-6, 2-7; Pub. L. 94-230, Secs.
10, 11(b)(13), Mar. 15, 1976, 90 Stat. 212, 214; Pub. L. 95-251,
Sec. 2(a)(8), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-602, title I,
Sec. 118, Nov. 6, 1978, 92 Stat. 2979; Pub. L. 96-374, title XIII,
Sec. 1321, Oct. 3, 1980, 94 Stat. 1499; Pub. L. 98-221, title I,
Sec. 151, Feb. 22, 1984, 98 Stat. 28; Pub. L. 99-506, title I, Sec.
103(d)(2)(C), title VI, Sec. 601, title X, Sec. 1002(e)(2)(B)-(D),
Oct. 21, 1986, 100 Stat. 1810, 1829, 1844; Pub. L. 100-630, title
II, Sec. 206(b), Nov. 7, 1988, 102 Stat. 3311; Pub. L. 102-52, Sec.
6, June 6, 1991, 105 Stat. 262; Pub. L. 102-54, Sec. 13(k)(1)(A),
June 13, 1991, 105 Stat. 276; Pub. L. 102-569, title I, Sec.
102(p)(30), title V, Sec. 504, Oct. 29, 1992, 106 Stat. 4360, 4424;
Pub. L. 103-73, title I, Sec. 112(b), Aug. 11, 1993, 107 Stat. 727;
Pub. L. 105-220, title IV, Sec. 408(a)(2), Aug. 7, 1998, 112 Stat.
1202; Pub. L. 105-394, title II, Sec. 203(a), Nov. 13, 1998, 112
Stat. 3653; Pub. L. 108-364, Sec. 3(b)(3), Oct. 25, 2004, 118 Stat.
1737.)

-REFTEXT-
REFERENCES IN TEXT
Executive level IV, referred to in subsec. (a)(1)(B), is set out
in section 5315 of Title 5, Government Organization and Employees.
The Act commonly known as the Architectural Barriers Act of 1968,
referred to in subsecs. (b)(1), (3)(A), (7) and (e)(2)(B), is Pub.
L. 90-480, Aug. 12, 1968, 82 Stat. 718, as amended, which is
classified generally to chapter 51 (Sec. 4151 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4151 of
Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in
subsec. (b)(2), (3)(B), is Pub. L. 101-336, July 26, 1990, 104
Stat. 327, as amended. Titles II and III of the Act are classified
generally to subchapters II (Sec. 12131 et seq.) and III (Sec.
12181 et seq.), respectively, of chapter 126 of Title 42, The
Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 12101 of
Title 42 and Tables.

-COD-
CODIFICATION
Subsecs. (h) and (i)(3) of this section, which required the Board
to submit an annual report on its activities to Congress and, at
the same time the Board transmits the report required under section
4157(b) of Title 42, The Public Health and Welfare, to transmit
that report to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance. See,
also, items 4 to 6 on page 155 of House Document No. 103-7.

-MISC1-
AMENDMENTS
2004 - Subsec. (d). Pub. L. 108-364 substituted "targeted
individuals and entities" for "targeted individuals".
1998 - Subsec. (a)(1). Pub. L. 105-220, Sec. 408(a)(2)(A),
substituted "chairperson and" for "Chairperson and" in concluding
provisions.
Subsec. (b)(2). Pub. L. 105-220, Sec. 408(a)(2)(B)(i),
substituted "information" for "guidelines".
Subsec. (b)(3). Pub. L. 105-220, Sec. 408(a)(2)(B)(ii), added
par. (3) and struck out former par. (3) which read as follows:
"establish and maintain minimum guidelines and requirements for the
standards issued pursuant to the Act commonly known as the
Architectural Barriers Act of 1968 and titles II and III of the
Americans with Disabilities Act of 1990;".
Subsec. (b)(11). Pub. L. 105-220, Sec. 408(a)(2)(B)(iii)-(v),
added par. (11).
Subsec. (d). Pub. L. 105-394, Sec. 203(a)(2), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 105-220, Sec. 408(a)(2)(C), substituted
"procedures under this subsection" for "procedures under this
section".
Subsec. (e). Pub. L. 105-394, Sec. 203(a)(1), (3), redesignated
subsec. (d) as (e) and substituted "subsection (f)" for "subsection
(e)" in second sentence of par. (1). Former subsec. (e)
redesignated (f).
Subsec. (f). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(2). Pub. L. 105-220, Sec. 408(a)(2)(D), substituted
"Committee on Education and the Workforce" for "Committee on
Education and Labor".
Subsec. (h). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(2)(A). Pub. L. 105-220, Sec. 408(a)(2)(E),
substituted "paragraphs (2) and (4)" for "paragraphs (5) and (7)".
Subsec. (i). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 105-220, Sec. 408(a)(2)(F), substituted "fiscal years
1999 through 2003" for "fiscal years 1993 through 1997".
Subsec. (j). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (i) as (j).
1993 - Subsec. (a)(5)(A). Pub. L. 103-73 substituted "level IV of
the Executive Schedule under section 5315" for "level 4 of the
Senior Executive Service Schedule under section 5382".
1992 - Pub. L. 102-569, Sec. 504(a)(2), (3), substituted "the
Access Board" and "The Access Board" for "the Board" and "The
Board", respectively, wherever appearing.
Subsec. (a)(1). Pub. L. 102-569, Sec. 504(a)(1), substituted "the
'Access Board' " for "the 'Board' " in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 102-569, Sec. 504(b)(1)(A),
substituted "Thirteen" for "Twelve" and "at least a majority" for
"six".
Pub. L. 102-569, Sec. 102(p)(30), substituted "individuals with
disabilities" for "individuals with handicaps".
Subsec. (a)(1)(B)(xii). Pub. L. 102-569, Sec. 504(b)(1)(B), added
cl. (xii).
Subsec. (a)(2)(A). Pub. L. 102-569, Sec. 504(b)(2), designated
existing provisions as cl. (i), substituted "4 years, except as
provided in clause (ii)" for "three years" and "at least three" for
"four", and added cl. (ii).
Subsec. (a)(3). Pub. L. 102-569, Sec. 504(b)(3), substituted "a
Federal" for "such an" after "member becomes".
Subsec. (a)(5)(A). Pub. L. 102-569, Sec. 504(b)(4), substituted
"the daily equivalent of the rate of pay for level 4 of the Senior
Executive Service Schedule under section 5382" for "the daily rate
prescribed for GS-18 under section 5332".
Subsec. (b). Pub. L. 102-569, Sec. 504(c), amended subsec. (b)
generally, substituting present provisions for provisions which
outlined eight specific functions of the Access Board.
Subsec. (c). Pub. L. 102-569, Sec. 102(p)(30), substituted
"individuals with disabilities" for "individuals with handicaps"
wherever appearing.
Subsec. (d)(1). Pub. L. 102-569, Sec. 504(d)(1), in first
sentence, substituted "The Access Board shall conduct" for "In
carrying out its functions under this chapter, the Access Board
shall, directly or through grants to public or private nonprofit
organizations or contracts with private nonprofit or forprofit
organizations, carry out its functions under subsections (b) and
(c) of this section, and shall conduct" and "to ensure compliance"
for "to insure compliance".
Subsec. (d)(3). Pub. L. 102-569, Sec. 504(d)(2), struck out par.
(3) which read as follows: "The Access Board, in consultation and
coordination with other concerned Federal departments and agencies
and agencies within the Department of Education, shall develop
standards and provide appropriate technical assistance to any
public or private activity, person, or entity affected by
regulations prescribed pursuant to this subchapter with respect to
overcoming architectural, transportation, and communication
barriers. Any funds appropriated to any such department or agency
for the purpose of providing such assistance may be transferred to
the Access Board for the purpose of carrying out this paragraph.
The Access Board may arrange to carry out its responsibilities
under this paragraph through such other departments and agencies
for such periods as the Access Board determines is appropriate. In
carrying out its technical assistance responsibilities under this
paragraph, the Access Board shall establish a procedure to insure
separation of its compliance and technical assistance
responsibilities under this section."
Subsec. (f). Pub. L. 102-569, Sec. 504(e), added par. (1),
designated existing provisions as par. (2) and substituted
"paragraph" for "subsection", "Chairperson" for "Secretary", and
"the daily equivalent of the rate of pay for level 4 of the Senior
Executive Service Schedule under section 5382" for "the daily pay
rate for a person employed as a GS-18 under section 5332".
Subsec. (g). Pub. L. 102-569, Sec. 504(f), designated existing
provisions as par. (1), substituted "paragraphs (8) and (9) of such
subsection" for "clauses (5) and (6) of subsection (b) of this
section", struck out at end "The Access Board shall prepare two
final reports of its activities under subsection (c) of this
section. One such report shall be on its activities in the field of
transportation barriers facing individuals with disabilities, and
the other such report shall be on its activities in the field of
the housing needs of individuals with disabilities. The Access
Board shall, not later than September 30, 1975, submit each such
report, together with its recommendations, to the President and the
Congress. The Access Board shall also prepare for such submission
an interim report of its activities in each such field within 18
months after September 26, 1973. The Access Board shall prepare and
submit two additional reports of its activities under subsection
(c) of this section, one report on its activities in the field of
transportation barriers facing individuals with disabilities and
the other report on its activities in the field of the housing
needs of individuals with disabilities. The two additional reports
required by the previous sentence shall be submitted not later than
February 1, 1988.", and added par. (2).
Pub. L. 102-569, Sec. 102(p)(30), substituted "individuals with
disabilities" for "individuals with handicaps" wherever appearing.
Subsec. (h)(1). Pub. L. 102-569, Sec. 504(g)(1)-(3), redesignated
par. (2) as (1), struck out at end "The Access Board may also make
grants to any designated State unit for the purpose of conducting
studies to provide the cost assessments required by paragraph (1).
Before including in such report the findings of any study conducted
for the Access Board under a grant or contract to provide the
Access Board with such cost assessments, the Access Board shall
take all necessary steps to validate the accuracy of any such
findings.", and struck out former par. (1) which read as follows:
"Within one year following November 6, 1978, the Access Board shall
submit to the President and the Congress a report containing an
assessment of the amounts required to be expended by States and by
political subdivisions thereof to provide individuals with
disabilities with full access to all programs and activities
receiving Federal assistance."
Pub. L. 102-569, Sec. 102(p)(30), substituted "individuals with
disabilities" for "individuals with handicaps" before "with full
access".
Subsec. (h)(2). Pub. L. 102-569, Sec. 504(g)(4), which directed
the addition of par. (2) "at the end" of subsec. (h), was executed
by adding par. (2) before par. (3) to reflect the probable intent
of Congress. Former par. (2) redesignated (1).
Subsec. (i). Pub. L. 102-569, Sec. 504(h), substituted "fiscal
years 1993 through 1997." for "fiscal years 1987 through 1992, but
in no event shall the amount appropriated for any one fiscal year
exceed $3,000,000."
1991 - Subsec. (a)(1)(B)(ix). Pub. L. 102-54 substituted
"Department of Veterans Affairs" for "Veterans' Administration".
Subsec. (i). Pub. L. 102-52 substituted "1987 through 1992" for
"1987, 1988, 1989, 1990, and 1991".
1988 - Subsec. (a)(2). Pub. L. 100-630, Sec. 206(b)(1), amended
par. (2) generally. Prior to amendment, par. (2) read as follows:
"The term of office of each appointed member of the Board shall be
three years; except that (i) the members first taking office shall
serve, as designated by the President at the time of appointment,
four for a term of one year, four for a term of two years, and
three for a term of three years, (ii) a member whose term has
expired may continue to serve until a successor has been appointed,
and (iii) a member appointed to fill a vacancy shall serve for the
remainder of the term to which that member's predecessor was
appointed."
Subsec. (a)(3). Pub. L. 100-630, Sec. 206(b)(2), substituted "the
member" for "he".
Subsec. (a)(5)(A). Pub. L. 100-630, Sec. 206(b)(3), substituted
"travel time" for "traveltime".
Subsec. (b). Pub. L. 100-630, Sec. 206(b)(4)-(7), inserted a
comma after "surface transportation" in cl. (2), and substituted
"Administrator of General Services" for "Administrator of the
General Services Administration" in cl. (4), "results of" for
"results to" in cl. (5), and "individuals with physical handicaps"
for "physically handicapped persons" in cl. (8).
Subsec. (c)(2)(A). Pub. L. 100-630, Sec. 206(b)(8), inserted a
comma after "expanded transportation systems".
Subsec. (d)(2)((B). Pub. L. 100-630, Sec. 206(b)(9), substituted
"that relate to" for "which related to".
Subsec. (f). Pub. L. 100-630, Sec. 206(b)(10), substituted "daily
pay rate for" for "daily pay rate, for", "section 5332 of title 5"
for "section 5332 of title 45", and "travel time" for "traveltime".
Subsec. (g). Pub. L. 100-630, Sec. 206(b)(11), substituted
"transportation barriers facing individuals with handicaps" for
"transportation barriers to individuals with handicaps" and for
"transportation barriers of handicapped individuals" in fourth and
seventh sentences, respectively, and "housing needs of individuals
with handicaps" for "housing needs of handicapped individuals" in
seventh sentence.
1986 - Subsec. (a)(1)(A). Pub. L. 99-506, Secs. 103(d)(2)(C),
601(a)(2), substituted "Twelve" for "Eleven", "six" for "five", and
"individuals with handicaps" for "handicapped individuals".
Subsec. (a)(1)(B). Pub. L. 99-506, Sec. 601(a)(1), substituted
provision that Chairperson and vice-chairperson of Board shall be
elected by majority vote of members of Board to serve for terms of
one year, for provision that President had to appoint first
Chairman of such Board who was to serve for term of not more than
two years, with subsequent Chairmen to be elected by majority vote
of Board for term of one year, and inserted provisions that
positions of Chairperson and vice-chairperson each be held
alternately in succession by Federal official and by member of
general public, and that when either office is held by member of
general public, the other will be held by Federal official.
Subsec. (a)(2)(ii), (iii). Pub. L. 99-506, Sec. 601(a)(3), added
cls. (ii) and (iii), and struck out former cl. (ii) which read as
follows: "any member appointed to fill a vacancy shall serve for
the remainder of the term for which his predecessor was appointed".
Subsec. (a)(6). Pub. L. 99-506, Sec. 601(a)(4), added par. (6).
Subsecs. (b)(2), (c). Pub. L. 99-506, Sec. 103(d)(2)(C),
substituted "individuals with handicaps" for "handicapped
individuals" wherever appearing.
Subsec. (d)(2)(A). Pub. L. 99-506, Sec. 1002(e)(2)(B),
substituted "any final order" for "any, final order".
Subsec. (d)(3). Pub. L. 99-506, Sec. 1002(e)(2)(C), substituted
"Department of Education" for "Department of Health, Education, and
Welfare" and "with respect to overcoming" for "with respect
overcoming to".
Subsec. (e)(2). Pub. L. 99-506, Sec. 1002(e)(2)(D), substituted
"alleged noncompliance and in" for "alleged noncompliance in".
Subsec. (g). Pub. L. 99-506, Sec. 601(b), inserted provisions
requiring the Board to submit, not later than Feb. 1, 1988, two
additional reports on its activities under subsec. (c), one report
to deal with its activities relating to transportation barriers to
handicapped individuals, the other to deal with activities relating
to the housing needs of handicapped individuals.
Pub. L. 99-506, Sec. 103(d)(2)(C), substituted "individuals with
handicaps" for "handicapped individuals" wherever appearing.
Subsec. (h)(1). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
reference to individuals with handicaps for reference to
handicapped individuals.
Subsec. (i). Pub. L. 99-506, Sec. 601(c), which directed the
substitution of "of the fiscal years 1987, 1988, 1989, 1990, and
1991," for "fiscal year ending before October 1, 1986," was
executed by making the substitution for "fiscal year ending before
October 1, 1986.," as the probable intent of Congress. See 1984
Amendment note below.
1984 - Subsec. (i). Pub. L. 98-221 substituted "October 1, 1986."
for "October 1, 1982".
1980 - Subsec. (a)(1)(B)(i). Pub. L. 96-374, Sec. 1321(a)(1),
substituted "Department of Health and Human Services" for
"Department of Health, Education, and Welfare".
Subsec. (a)(1)(B)(xi). Pub. L. 96-374, Sec. 1321(a)(2), added cl.
(xi).
Subsec. (h)(3). Pub. L. 96-374, Sec. 1321(b), added par. (3).
1978 - Subsec. (a). Pub. L. 95-602, Sec. 118(a), substituted
provision permitting President to appoint eleven members of Board
from general public of whom five are to be handicapped, adding head
of the Department of Justice as a Board member, authorizing
President to appoint the first chairman, and providing for the term
of office, reappointment, and compensation of Board members for
provision restricting Board membership to head of Department of
Health, Education, and Welfare, Department of Transportation,
Department of Housing and Urban Development, Department of Labor,
Department of the Interior, Department of Defense, General Services
Administration, United States Postal Service, and Veterans'
Administration, appointing Secretary of Health, Education, and
Welfare as chairman, and authorizing appointment of a Consumer
Advisory Panel, a majority of members of which were to be
handicapped, to provide guidance, advice, and recommendations to
Board.
Subsec. (b)(1). Pub. L. 95-602, Sec. 118(b)(1), substituted
provision requiring Board to insure compliance with standards of
Architectural Barriers Act of 1968, including application to United
States Postal Service, and to insure all waivers and modifications
of standards are based on findings of fact and are not inconsistent
with that Act or this section for provision requiring Board to
insure compliance with the standards prescribed by General Services
Administration, Department of Defense, and Department of Housing
and Urban Development pursuant to Architectural Barriers Act of
1968.
Subsec. (b)(2). Pub. L. 95-602, Sec. 118(b)(2), inserted
"communication," before "and attitudinal" and "telecommunication
devices," before "public buildings".
Subsec. (b)(7), (8). Pub. L. 95-602, Sec. 118(b)(3), added pars.
(7) and (8).
Subsec. (d). Pub. L. 95-602, Sec. 118(c), designated existing
provision as par. (1), substituted "public or private nonprofit
organizations or contracts with private nonprofit or forprofit
organizations" for "or contracts with public or private nonprofit
organizations", "Except as provided in paragraph (3) of subsection
(e) of this section, provisions" for "The provisions", "building or
public conveyance or rolling stock found" for "building found", and
"enforced under this section" for "prescribed pursuant to the Acts
cited in subsection (b) of this section", inserted provision
permitting a complainant or participant in a proceeding under this
subsection to obtain review of a final order pursuant to chapter 7
of title 5, and added pars. (2) and (3).
Subsec. (e). Pub. L. 95-602, Sec. 118(d), designated existing
provisions as par. (1) and added pars. (2) and (3).
Pub. L. 95-251 substituted "administrative law judges" for
"hearing examiners" wherever appearing. Such substitution was made
in pars. (2) and (3) as the probable intent of Congress in view of
the amendment to subsec. (e) by section 2(a)(8) of Pub. L. 95-251
(although prior in time to the amendment by Pub. L. 95-602)
requiring such substitution wherever appearing in text.
Subsec. (h). Pub. L. 95-602, Sec. 118(e), added subsec. (h).
Former subsec. (h), which authorized appropriations for carrying
out duties and functions of the Board of $1,000,000 for each of
fiscal years ending June 30, 1974, and June 30, 1975, $1,500,000
for fiscal year ending June 30, 1976, and $1,500,000 for each of
fiscal years ending Sept. 30, 1977 and Sept. 30, 1978, was struck
out.
Subsec. (i). Pub. L. 95-602, Sec. 118(e), added subsec. (i).
1976 - Subsec. (h). Pub. L. 94-230, Sec. 10, authorized
appropriation of $1,500,000 for fiscal year ending Sept. 30, 1977.
Pub. L. 94-230, Sec. 11(b)(13), authorized appropriation of
$1,500,000 for fiscal year ending Sept. 30, 1978.
1974 - Subsec. (a). Pub. L. 93-516, Sec. 111(n), redesignated
cls. (6), (7), and (8), as cls. (7), (8), and (9), added cl. (6),
and following designated clauses, inserted provisions that
Secretary of Health, Education, and Welfare shall be Chairman of
Board, and that Board shall appoint, upon recommendation of
Secretary, a Consumer Advisory Panel, a majority of members of
which shall be handicapped individuals, to provide guidance,
advice, and recommendations to Board in carrying out its functions.
Pub. L. 93-651, Sec. 111(n), amended subsec. (a) in exactly the
same manner as it was amended by Pub. L. 93-516.
Subsec. (d). Pub. L. 93-516, Sec. 111(o), substituted "this
chapter, the Board shall, directly or through grants to or
contracts with public or private nonprofit organizations, carrying
out its functions under subsections (b) and (c) of this section,
and shall conduct" for "this section, the Board shall conduct", and
inserted provisions that any such order affecting any Federal
department, agency, or instrumentality of the United States shall
be final and binding on such department, agency, or
instrumentality, and that an order of compliance may include the
withholding or suspension of Federal funds with respect to any
building found not to be in compliance with standards prescribed
pursuant to the Acts referred to in subsec. (b) of this section.
Pub. L. 93-651, 111(o), amended subsec. (d) in exactly the same
manner as it was amended by Pub. L. 93-516.
Subsec. (e). Pub. L. 93-516, Sec. 111(p), inserted provisions
relating to appointment of an executive director and other
professional and clerical personnel.
Pub. L. 93-651, Sec. 111(p), amended subsec. (e) in exactly the
same manner as it was amended by Pub. L. 93-516.
Subsec. (g). Pub. L. 93-516, Sec. 111(q), substituted "not later
than September 30, 1975" for "prior to January 1, 1975".
Pub. L. 93-651, Sec. 111(q), amended subsec. (g) in exactly the
same manner as it was amended by Pub. L. 93-516.
Subsec. (h). Pub. L. 93-516, Sec. 110, authorized appropriation
of $1,500,000 for fiscal year ending June 30, 1976.
Pub. L. 93-651, Sec. 110, amended subsec. (h) in exactly the same
manner as it was amended by Pub. L. 93-516.

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section
1393(a) of Pub. L. 96-374, set out as a note under section 1001 of
Title 20, Education.

EXTENSION OF VOCATIONAL REHABILITATION PROGRAMS THROUGH FISCAL YEAR
ENDING SEPTEMBER 30, 1978; EFFECTIVE DATE OF 1976 AMENDMENT
For contingency provisions relating to the extensions of program
authorizations and to the effective date of such extensions, see
section 11(a), (b)(1), and (c) of Pub. L. 94-230, set out as a note
under section 720 of this title.

TERMINATION OF ADVISORY PANELS
Advisory panels established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a panel
established by the President or an officer of the Federal
Government, such panel is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a panel
established by the Congress, its duration is otherwise provided for
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.

-FOOTNOTE-
(!1) So in original. Probably should be "Access Board".

(!2) So in original. Probably should not be capitalized.

-End-

-CITE-
29 USC Sec. 793 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 793. Employment under Federal contracts

-STATUTE-
(a) Amount of contracts or subcontracts; provision for employment
and advancement of qualified individuals with disabilities;
regulations
Any contract in excess of $10,000 entered into by any Federal
department or agency for the procurement of personal property and
nonpersonal services (including construction) for the United States
shall contain a provision requiring that the party contracting with
the United States shall take affirmative action to employ and
advance in employment qualified individuals with disabilities. The
provisions of this section shall apply to any subcontract in excess
of $10,000 entered into by a prime contractor in carrying out any
contract for the procurement of personal property and nonpersonal
services (including construction) for the United States. The
President shall implement the provisions of this section by
promulgating regulations within ninety days after September 26,
1973.
(b) Administrative enforcement; complaints; investigations;
departmental action
If any individual with a disability believes any contractor has
failed or refused to comply with the provisions of a contract with
the United States, relating to employment of individuals with
disabilities, such individual may file a complaint with the
Department of Labor. The Department shall promptly investigate such
complaint and shall take such action thereon as the facts and
circumstances warrant, consistent with the terms of such contract
and the laws and regulations applicable thereto.
(c) Waiver by President; national interest special circumstances
for waiver of particular agreements; waiver by Secretary of Labor
of affirmative action requirements
(1) The requirements of this section may be waived, in whole or
in part, by the President with respect to a particular contract or
subcontract, in accordance with guidelines set forth in regulations
which the President shall prescribe, when the President determines
that special circumstances in the national interest so require and
states in writing the reasons for such determination.
(2)(A) The Secretary of Labor may waive the requirements of the
affirmative action clause required by regulations promulgated under
subsection (a) of this section with respect to any of a prime
contractor's or subcontractor's facilities that are found to be in
all respects separate and distinct from activities of the prime
contractor or subcontractor related to the performance of the
contract or subcontract, if the Secretary of Labor also finds that
such a waiver will not interfere with or impede the effectuation of
this chapter.
(B) Such waivers shall be considered only upon the request of the
contractor or subcontractor. The Secretary of Labor shall
promulgate regulations that set forth the standards used for
granting such a waiver.
(d) Standards used in determining violation of section
The standards used to determine whether this section has been
violated in a complaint alleging nonaffirmative action employment
discrimination under this section shall be the standards applied
under title I of the Americans with Disabilities Act of 1990 (42
U.S.C. 12111 et seq.) and the provisions of sections 501 through
504, and 510, of the Americans with Disabilities Act of 1990 (42
U.S.C. 12201-12204 and 12210), as such sections relate to
employment.
(e) Avoidance of duplicative efforts and inconsistencies
The Secretary shall develop procedures to ensure that
administrative complaints filed under this section and under the
Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.]
are dealt with in a manner that avoids duplication of effort and
prevents imposition of inconsistent or conflicting standards for
the same requirements under this section and the Americans with
Disabilities Act of 1990.

-SOURCE-
(Pub. L. 93-112, title V, Sec. 503, Sept. 26, 1973, 87 Stat. 393;
Pub. L. 95-602, title I, Sec. 122(d)(1), Nov. 6, 1978, 92 Stat.
2987; Pub. L. 99-506, title I, Sec. 103(d)(2)(B), (C), title X,
Secs. 1001(f)(2), (3), 1002(e)(3), Oct. 21, 1986, 100 Stat. 1810,
1843, 1844; Pub. L. 100-630, title II, Sec. 206(c), Nov. 7, 1988,
102 Stat. 3312; Pub. L. 102-569, title I, Sec. 102(p)(31), title V,
Sec. 505, Oct. 29, 1992, 106 Stat. 4360, 4427.)

-REFTEXT-
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in
subsecs. (d) and (e), is Pub. L. 101-336, July 26, 1990, 104 Stat.
327, as amended, which is classified principally to chapter 126
(Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.
Title I of the Act is classified generally to subchapter I (Sec.
12111 et seq.) of chapter 126 of Title 42. For complete
classification of this Act to the Code, see Short Title note set
out under section 12101 of Title 42 and Tables.

-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-569, Secs. 102(p)(31)(A), 505(a),
substituted "$10,000" for "$2,500" in two places, struck out ", in
employing persons to carry out such contract," after "contain a
provision requiring that", and substituted "individuals with
disabilities" for "individuals with handicaps as defined in section
706(8) of this title".
Subsec. (b). Pub. L. 102-569, Sec. 102(p)(31)(B), substituted
"individual with a disability" for "individual with handicaps" and
"individuals with disabilities" for "individuals with handicaps".
Subsec. (c). Pub. L. 102-569, Sec. 505(b), designated existing
provisions as par. (1) and added par. (2).
Subsecs. (d), (e). Pub. L. 102-569, Sec. 505(c), added subsecs.
(d) and (e).
1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(c)(1), inserted a
comma after "to carry out such contract".
Subsec. (b). Pub. L. 100-630, Sec. 206(c)(2), substituted
"refused" for "refuses".
Subsec. (c). Pub. L. 100-630, Sec. 206(c)(3), substituted "which
the President" for "which The President" and "when the President"
for "when The President".
1986 - Subsec. (a). Pub. L. 99-506, Secs. 103(d)(2)(C),
1002(e)(3), substituted "individuals with handicaps" for
"handicapped individuals" and "section 706(8) of this title" for
"section 706(7) of this title".
Subsec. (b). Pub. L. 99-506, Secs. 103(d)(2)(B), (C), 1001(f)(2),
substituted "individual with handicaps" for "handicapped
individual", "individuals with handicaps" for "handicapped
individuals", and "a contract" for "his contract".
Subsec. (c). Pub. L. 99-506, Sec. 1001(f)(3), substituted "The
President" for "he" in two places and substituted "the reasons" for
"his reasons".
1978 - Subsec. (a). Pub. L. 95-602 substituted "section 706(7) of
this title" for "section 706(6) of this title".

-End-

-CITE-
29 USC Sec. 794 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 794. Nondiscrimination under Federal grants and programs

-STATUTE-
(a) Promulgation of rules and regulations
No otherwise qualified individual with a disability in the United
States, as defined in section 705(20) of this title, shall, solely
by reason of her or his disability, be excluded from the
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance or under any program or activity conducted by
any Executive agency or by the United States Postal Service. The
head of each such agency shall promulgate such regulations as may
be necessary to carry out the amendments to this section made by
the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Act of 1978. Copies of any proposed regulation shall
be submitted to appropriate authorizing committees of the Congress,
and such regulation may take effect no earlier than the thirtieth
day after the date on which such regulation is so submitted to such
committees.
(b) "Program or activity" defined
For the purposes of this section, the term "program or activity"
means all of the operations of -
(1)(A) a department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(B) the entity of such State or local government that
distributes such assistance and each such department or agency
(and each other State or local government entity) to which the
assistance is extended, in the case of assistance to a State or
local government;
(2)(A) a college, university, or other postsecondary
institution, or a public system of higher education; or
(B) a local educational agency (as defined in section 7801 of
title 20), system of vocational education, or other school
system;
(3)(A) an entire corporation, partnership, or other private
organization, or an entire sole proprietorship -
(i) if assistance is extended to such corporation,
partnership, private organization, or sole proprietorship as a
whole; or
(ii) which is principally engaged in the business of
providing education, health care, housing, social services, or
parks and recreation; or

(B) the entire plant or other comparable, geographically
separate facility to which Federal financial assistance is
extended, in the case of any other corporation, partnership,
private organization, or sole proprietorship; or
(4) any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance.
(c) Significant structural alterations by small providers
Small providers are not required by subsection (a) of this
section to make significant structural alterations to their
existing facilities for the purpose of assuring program
accessibility, if alternative means of providing the services are
available. The terms used in this subsection shall be construed
with reference to the regulations existing on March 22, 1988.
(d) Standards used in determining violation of section
The standards used to determine whether this section has been
violated in a complaint alleging employment discrimination under
this section shall be the standards applied under title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)
and the provisions of sections 501 through 504, and 510, of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and
12210), as such sections relate to employment.

-SOURCE-
(Pub. L. 93-112, title V, Sec. 504, Sept. 26, 1973, 87 Stat. 394;
Pub. L. 95-602, title I, Secs. 119, 122(d)(2), Nov. 6, 1978, 92
Stat. 2982, 2987; Pub. L. 99-506, title I, Sec. 103(d)(2)(B), title
X, Sec. 1002(e)(4), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L.
100-259, Sec. 4, Mar. 22, 1988, 102 Stat. 29; Pub. L. 100-630,
title II, Sec. 206(d), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102-
569, title I, Sec. 102(p)(32), title V, Sec. 506, Oct. 29, 1992,
106 Stat. 4360, 4428; Pub. L. 103-382, title III, Sec. 394(i)(2),
Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105-220, title IV, Sec.
408(a)(3), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 107-110, title X,
Sec. 1076(u)(2), Jan. 8, 2002, 115 Stat. 2093.)

-REFTEXT-
REFERENCES IN TEXT
The amendments to this section made by the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Act of 1978,
referred to in subsec. (a), mean the amendments made by Pub. L. 95-
602. See 1978 Amendments note below.
The Americans with Disabilities Act of 1990, referred to in
subsec. (d), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as
amended. Title I of the Act is classified generally to subchapter I
(Sec. 12111 et seq.) of chapter 126 of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 12101 of Title 42 and
Tables.

-MISC1-
AMENDMENTS
2002 - Subsec. (b)(2)(B). Pub. L. 107-110 substituted "section
7801 of title 20" for "section 8801 of title 20".
1998 - Subsec. (a). Pub. L. 105-220 substituted "section 705(20)"
for "section 706(8)".
1994 - Subsec. (b)(2)(B). Pub. L. 103-382 substituted "section
8801 of title 20" for "section 2891(12) of title 20".
1992 - Subsec. (a). Pub. L. 102-569, Sec. 102(p)(32), substituted
"a disability" for "handicaps" and "disability" for "handicap" in
first sentence.
Subsec. (d). Pub. L. 102-569, Sec. 506, added subsec. (d).
1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(d)(1), substituted
"her or his handicap" for "his handicap".
Pub. L. 100-259, Sec. 4(1), designated existing provisions as
subsec. (a).
Subsec. (b). Pub. L. 100-259, Sec. 4(2), added subsec. (b).
Subsec. (b)(2)(B). Pub. L. 100-630, Sec. 206(d)(2), substituted
"section 2891(12) of title 20" for "section 2854(a)(10) of title
20".
Subsec. (c). Pub. L. 100-259, Sec. 4(2), added subsec. (c).
1986 - Pub. L. 99-506 substituted "individual with handicaps" for
"handicapped individual" and "section 706(8) of this title" for
"section 706(7) of this title".
1978 - Pub. L. 95-602 substituted "section 706(7) of this title"
for "section 706(6) of this title" and inserted provision
prohibiting discrimination under any program or activity conducted
by any Executive agency or by the United States Postal Service and
requiring the heads of these agencies to promulgate regulations
prohibiting discrimination.

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive
programs, see section 5 of Pub. L. 107-110, set out as an Effective
Date note under section 6301 of Title 20, Education.

EXCLUSION FROM COVERAGE
Amendment by Pub. L. 100-259 not to be construed to extend
application of this chapter to ultimate beneficiaries of Federal
financial assistance excluded from coverage before Mar. 22, 1988,
see section 7 of Pub. L. 100-259, set out as a Construction note
under section 1687 of Title 20, Education.

ABORTION NEUTRALITY
Amendment by Pub. L. 100-259 not to be construed to force or
require any individual or hospital or any other institution,
program, or activity receiving Federal funds to perform or pay for
an abortion, see section 8 of Pub. L. 100-259, set out as a note
under section 1688 of Title 20, Education.

CONSTRUCTION OF PROHIBITION AGAINST DISCRIMINATION UNDER FEDERAL
GRANTS
Rights or protections of this section not affected by any
provision of Pub. L. 98-457, see section 127 of Pub. L. 98-457, set
out as a note under section 5101 of Title 42, The Public Health and
Welfare.

COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS
For provisions relating to the coordination of implementation and
enforcement of the provisions of this section by the Attorney
General, see section 1-201 of Ex. Ord. No. 12250, Nov. 2, 1980, 45
F.R. 72995, set out as a note under section 2000d-1 of Title 42,
The Public Health and Welfare.

-EXEC-
EXECUTIVE ORDER NO. 11914
Ex. Ord. No. 11914, Apr. 28, 1976, 41 F.R. 17871, which related
to nondiscrimination in federally assisted programs, was revoked by
Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note
under section 2000d-1 of Title 42, The Public Health and Welfare.

-End-

-CITE-
29 USC Sec. 794a 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 794a. Remedies and attorney fees

-STATUTE-
(a)(1) The remedies, procedures, and rights set forth in section
717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including
the application of sections 706(f) through 706(k) (42 U.S.C. 2000e-
5(f) through (k)), shall be available, with respect to any
complaint under section 791 of this title, to any employee or
applicant for employment aggrieved by the final disposition of such
complaint, or by the failure to take final action on such
complaint. In fashioning an equitable or affirmative action remedy
under such section, a court may take into account the
reasonableness of the cost of any necessary work place
accommodation, and the availability of alternatives therefor or
other appropriate relief in order to achieve an equitable and
appropriate remedy.
(2) The remedies, procedures, and rights set forth in title VI of
the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] shall be
available to any person aggrieved by any act or failure to act by
any recipient of Federal assistance or Federal provider of such
assistance under section 794 of this title.
(b) In any action or proceeding to enforce or charge a violation
of a provision of this subchapter, the court, in its discretion,
may allow the prevailing party, other than the United States, a
reasonable attorney's fee as part of the costs.

-SOURCE-
(Pub. L. 93-112, title V, Sec. 505, as added Pub. L. 95-602, title
I, Sec. 120(a), Nov. 6, 1978, 92 Stat. 2982.)

-REFTEXT-
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in subsec. (a)(2), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of
the Civil Rights Act of 1964 is classified generally to subchapter
V (Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 2000a of Title 42 and
Tables.

-End-

-CITE-
29 USC Sec. 794b 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 794b. Removal of architectural, transportation, or
communication barriers; technical and financial assistance;
compensation of experts or consultants; authorization of
appropriations

-STATUTE-
(a) The Secretary may provide directly or by contract with State
vocational rehabilitation agencies or experts or consultants or
groups thereof, technical assistance -
(1) to persons operating community rehabilitation programs; and
(2) with the concurrence of the Access Board established by
section 792 of this title, to any public or nonprofit agency,
institution, or organization;

for the purpose of assisting such persons or entities in removing
architectural, transportation, or communication barriers. Any
concurrence of the Access Board under paragraph (2) shall reflect
its consideration of cost studies carried out by States.
(b) Any such experts or consultants, while serving pursuant to
such contracts, shall be entitled to receive compensation at rates
fixed by the Secretary, but not exceeding the daily equivalent of
the rate of pay for level 4 of the Senior Executive Service
Schedule under section 5382 of title 5, including travel time, and
while so serving away from their homes or regular places of
business, they may be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of title 5
for persons in the Government service employed intermittently.
(c) The Secretary, with the concurrence of the Access Board and
the President, may provide, directly or by contract, financial
assistance to any public or nonprofit agency, institution, or
organization for the purpose of removing architectural,
transportation, and communication barriers. No assistance may be
provided under this subsection until a study demonstrating the need
for such assistance has been conducted and submitted under section
792(i)(1) of this title.
(d) In order to carry out this section, there are authorized to
be appropriated such sums as may be necessary.

-SOURCE-
(Pub. L. 93-112, title V, Sec. 506, as added Pub. L. 95-602, title
I, Sec. 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L. 100-
630, title II, Sec. 206(e), Nov. 7, 1988, 102 Stat. 3312; Pub. L.
102-569, title V, Sec. 507, Oct. 29, 1992, 106 Stat. 4428; Pub. L.
105-220, title IV, Sec. 408(a)(4), Aug. 7, 1998, 112 Stat. 1203;
Pub. L. 105-394, title II, Sec. 203(b), Nov. 13, 1998, 112 Stat.
3653.)

-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-220, Sec. 408(a)(4)(A), in
concluding provisions, inserted last sentence and struck out former
last sentence which read as follows: "Any concurrence of the Access
Board under this paragraph shall reflect its consideration of the
cost studies carried out by States under section 792(c)(1) of this
title."
Subsec. (c). Pub. L. 105-394 substituted "792(i)(1)" for
"792(h)(1)".
Pub. L. 105-220, Sec. 408(a)(4)(B), substituted "provided under
this subsection" for "provided under this paragraph".
1992 - Subsec. (a). Pub. L. 102-569, Sec. 507(a), (b),
substituted "community rehabilitation programs" for "rehabilitation
facilities" in par. (1) and inserted "Access" before "Board" in
par. (2) and concluding provisions.
Subsec. (b). Pub. L. 102-569, Sec. 507(c), substituted "the rate
of pay for level 4 of the Senior Executive Service Schedule under
section 5382" for "the rate of basic pay payable for grade GS-18 of
the General Schedule, under section 5332".
Subsec. (c). Pub. L. 102-569, Sec. 507(a), (d), inserted "Access"
before "Board" and substituted "792(h)(1)" for "792(h)(2)".
1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(e)(1), (2),
redesignated former par. (1) as subsec. (a) and former subpars. (A)
and (B) as pars. (1) and (2), respectively.
Subsec. (b). Pub. L. 100-630, Sec. 206(e)(1), (3), redesignated
former par. (2) as subsec. (b) and substituted "travel time" for
"traveltime".
Subsec. (c). Pub. L. 100-630, Sec. 206(e)(1), (4), redesignated
former par. (3) as subsec. (c) and inserted a comma after "the
President".
Subsec. (d). Pub. L. 100-630, Sec. 206(e)(1), redesignated former
par. (4) as subsec. (d).

-End-

-CITE-
29 USC Sec. 794c 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 794c. Interagency Disability Coordinating Council

-STATUTE-
(a) Establishment
There is hereby established an Interagency Disability
Coordinating Council (hereafter in this section referred to as the
"Council") composed of the Secretary of Education, the Secretary of
Health and Human Services, the Secretary of Labor, the Secretary of
Housing and Urban Development, the Secretary of Transportation, the
Assistant Secretary of the Interior for Indian Affairs, the
Attorney General, the Director of the Office of Personnel
Management, the Chairperson of the Equal Employment Opportunity
Commission, the Chairperson of the Architectural and Transportation
Barriers Compliance Board, and such other officials as may be
designated by the President.
(b) Duties
The Council shall -
(1) have the responsibility for developing and implementing
agreements, policies, and practices designed to maximize effort,
promote efficiency, and eliminate conflict, competition,
duplication, and inconsistencies among the operations, functions,
and jurisdictions of the various departments, agencies, and
branches of the Federal Government responsible for the
implementation and enforcement of the provisions of this
subchapter, and the regulations prescribed thereunder;
(2) be responsible for developing and implementing agreements,
policies, and practices designed to coordinate operations,
functions, and jurisdictions of the various departments and
agencies of the Federal Government responsible for promoting the
full integration into society, independence, and productivity of
individuals with disabilities; and
(3) carry out such studies and other activities, subject to the
availability of resources, with advice from the National Council
on Disability, in order to identify methods for overcoming
barriers to integration into society, independence, and
productivity of individuals with disabilities.
(c) Report
On or before July 1 of each year, the Interagency Disability
Coordinating Council shall prepare and submit to the President and
to the Congress a report of the activities of the Council designed
to promote and meet the employment needs of individuals with
disabilities, together with such recommendations for legislative
and administrative changes as the Council concludes are desirable
to further promote this section, along with any comments submitted
by the National Council on Disability as to the effectiveness of
such activities and recommendations in meeting the needs of
individuals with disabilities. Nothing in this section shall impair
any responsibilities assigned by any Executive order to any Federal
department, agency, or instrumentality to act as a lead Federal
agency with respect to any provisions of this subchapter.

-SOURCE-
(Pub. L. 93-112, title V, Sec. 507, as added Pub. L. 95-602, title
I, Sec. 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L. 96-88,
title V, Sec. 508(m)(2), Oct. 17, 1979, 93 Stat. 694; Pub. L. 98-
221, title I, Sec. 104(b)(4), Feb. 22, 1984, 98 Stat. 18; Pub. L.
99-506, title VI, Sec. 602, title X, Sec. 1001(f)(4), Oct. 21,
1986, 100 Stat. 1830, 1843; Pub. L. 102-569, title V, Sec. 508(a),
Oct. 29, 1992, 106 Stat. 4429.)

-MISC1-
AMENDMENTS
1992 - Pub. L. 102-569 amended section generally, changing
Council name from Interagency Coordinating Council to Interagency
Disability Coordinating Council, including as members Secretary of
Housing and Urban Development, Secretary of Transportation, and
such other officials as designated by the President, requiring
Council to be responsible for developing and implementing policies
and practices to eliminate inconsistencies among Federal
departments and agencies responsible for enforcement of provisions
of this subchapter and to carry out such studies and other
activities, with advice from the National Council on Disability, to
identify methods for overcoming barriers to integration into
society, independence, and productivity of individuals with
disabilities, and directing in annual report inclusion of any
comments submitted by National Council on Disability as to
effectiveness of activities and recommendations in meeting needs of
individuals with disabilities.
1986 - Pub. L. 99-506, Sec. 602, inserted reference to Assistant
Secretary of the Interior for Indian Affairs.
Pub. L. 99-506, Sec. 1001(f)(4), which directed the substitution
of "Chairperson" for "Chairman" was executed by substituting
"Chairperson of the Architectural and Transportation Barriers
Compliance Board" for "Chairman of the Architectural and
Transportation Barriers Compliance Board" to reflect the probable
intent of Congress.
1984 - Pub. L. 98-221 substituted "Chairman of the Office of
Personnel Management" for "Chairman of the United States Civil
Service Commission" and purported to substitute "Secretary of
Education, the Secretary of Health and Human Services," for
"Secretary of Health, Education, and Welfare" which amendment could
not be executed in view of the previous amendment by Pub. L. 96-88.
See 1979 Amendment note below.
1979 - Pub. L. 96-88 substituted requirement that the Secretaries
of Education and Health and Human Services be members of the
Council for requirement that the Secretary of Health, Education,
and Welfare be a member.

EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-88 effective May 4, 1980, with specified
exceptions, see section 601 of Pub. L. 96-88, set out as an
Effective Date note under section 3401 of Title 20, Education.

TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(c) of this section relating to requirement that the Council submit
an annual report of activities to Congress, see section 3003 of
Pub. L. 104-66, as amended, set out as a note under section 1113 of
Title 31, Money and Finance, and page 175 of House Document No. 103-
7.

-End-

-CITE-
29 USC Sec. 794d 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 794d. Electronic and information technology

-STATUTE-
(a) Requirements for Federal departments and agencies
(1) Accessibility
(A) Development, procurement, maintenance, or use of electronic
and information technology
When developing, procuring, maintaining, or using electronic
and information technology, each Federal department or agency,
including the United States Postal Service, shall ensure,
unless an undue burden would be imposed on the department or
agency, that the electronic and information technology allows,
regardless of the type of medium of the technology -
(i) individuals with disabilities who are Federal employees
to have access to and use of information and data that is
comparable to the access to and use of the information and
data by Federal employees who are not individuals with
disabilities; and
(ii) individuals with disabilities who are members of the
public seeking information or services from a Federal
department or agency to have access to and use of information
and data that is comparable to the access to and use of the
information and data by such members of the public who are
not individuals with disabilities.
(B) Alternative means efforts
When development, procurement, maintenance, or use of
electronic and information technology that meets the standards
published by the Access Board under paragraph (2) would impose
an undue burden, the Federal department or agency shall provide
individuals with disabilities covered by paragraph (1) with the
information and data involved by an alternative means of access
that allows the individual to use the information and data.
(2) Electronic and information technology standards
(A) In general
Not later than 18 months after August 7, 1998, the
Architectural and Transportation Barriers Compliance Board
(referred to in this section as the "Access Board"), after
consultation with the Secretary of Education, the Administrator
of General Services, the Secretary of Commerce, the Chairman of
the Federal Communications Commission, the Secretary of
Defense, and the head of any other Federal department or agency
that the Access Board determines to be appropriate, including
consultation on relevant research findings, and after
consultation with the electronic and information technology
industry and appropriate public or nonprofit agencies or
organizations, including organizations representing individuals
with disabilities, shall issue and publish standards setting
forth -
(i) for purposes of this section, a definition of
electronic and information technology that is consistent with
the definition of information technology specified in section
11101(6) of title 40; and
(ii) the technical and functional performance criteria
necessary to implement the requirements set forth in
paragraph (1).
(B) Review and amendment
The Access Board shall periodically review and, as
appropriate, amend the standards required under subparagraph
(A) to reflect technological advances or changes in electronic
and information technology.
(3) Incorporation of standards
Not later than 6 months after the Access Board publishes the
standards required under paragraph (2), the Federal Acquisition
Regulatory Council shall revise the Federal Acquisition
Regulation and each Federal department or agency shall revise the
Federal procurement policies and directives under the control of
the department or agency to incorporate those standards. Not
later than 6 months after the Access Board revises any standards
required under paragraph (2), the Council shall revise the
Federal Acquisition Regulation and each appropriate Federal
department or agency shall revise the procurement policies and
directives, as necessary, to incorporate the revisions.
(4) Acquisition planning
In the event that a Federal department or agency determines
that compliance with the standards issued by the Access Board
under paragraph (2) relating to procurement imposes an undue
burden, the documentation by the department or agency supporting
the procurement shall explain why compliance creates an undue
burden.
(5) Exemption for national security systems
This section shall not apply to national security systems, as
that term is defined in section 11103(a) of title 40.
(6) Construction
(A) Equipment
In a case in which the Federal Government provides access to
the public to information or data through electronic and
information technology, nothing in this section shall be
construed to require a Federal department or agency -
(i) to make equipment owned by the Federal Government
available for access and use by individuals with disabilities
covered by paragraph (1) at a location other than that where
the electronic and information technology is provided to the
public; or
(ii) to purchase equipment for access and use by
individuals with disabilities covered by paragraph (1) at a
location other than that where the electronic and information
technology is provided to the public.
(B) Software and peripheral devices
Except as required to comply with standards issued by the
Access Board under paragraph (2), nothing in paragraph (1)
requires the installation of specific accessibility-related
software or the attachment of a specific accessibility-related
peripheral device at a workstation of a Federal employee who is
not an individual with a disability.
(b) Technical assistance
The Administrator of General Services and the Access Board shall
provide technical assistance to individuals and Federal departments
and agencies concerning the requirements of this section.
(c) Agency evaluations
Not later than 6 months after August 7, 1998, the head of each
Federal department or agency shall evaluate the extent to which the
electronic and information technology of the department or agency
is accessible to and usable by individuals with disabilities
described in subsection (a)(1) of this section, compared to the
access to and use of the technology by individuals described in
such subsection who are not individuals with disabilities, and
submit a report containing the evaluation to the Attorney General.
(d) Reports
(1) Interim report
Not later than 18 months after August 7, 1998, the Attorney
General shall prepare and submit to the President a report
containing information on and recommendations regarding the
extent to which the electronic and information technology of the
Federal Government is accessible to and usable by individuals
with disabilities described in subsection (a)(1) of this section.
(2) Biennial reports
Not later than 3 years after August 7, 1998, and every 2 years
thereafter, the Attorney General shall prepare and submit to the
President and Congress a report containing information on and
recommendations regarding the state of Federal department and
agency compliance with the requirements of this section,
including actions regarding individual complaints under
subsection (f) of this section.
(e) Cooperation
Each head of a Federal department or agency (including the Access
Board, the Equal Employment Opportunity Commission, and the General
Services Administration) shall provide to the Attorney General such
information as the Attorney General determines is necessary to
conduct the evaluations under subsection (c) of this section and
prepare the reports under subsection (d) of this section.
(f) Enforcement
(1) General
(A) Complaints
Effective 6 months after the date of publication by the
Access Board of final standards described in subsection (a)(2)
of this section, any individual with a disability may file a
complaint alleging that a Federal department or agency fails to
comply with subsection (a)(1) of this section in providing
electronic and information technology.
(B) Application
This subsection shall apply only to electronic and
information technology that is procured by a Federal department
or agency not less than 6 months after the date of publication
by the Access Board of final standards described in subsection
(a)(2) of this section.
(2) Administrative complaints
Complaints filed under paragraph (1) shall be filed with the
Federal department or agency alleged to be in noncompliance. The
Federal department or agency receiving the complaint shall apply
the complaint procedures established to implement section 794 of
this title for resolving allegations of discrimination in a
federally conducted program or activity.
(3) Civil actions
The remedies, procedures, and rights set forth in sections
794a(a)(2) and 794a(b) of this title shall be the remedies,
procedures, and rights available to any individual with a
disability filing a complaint under paragraph (1).
(g) Application to other Federal laws
This section shall not be construed to limit any right, remedy,
or procedure otherwise available under any provision of Federal law
(including sections 791 through 794a of this title) that provides
greater or equal protection for the rights of individuals with
disabilities than this section.

-SOURCE-
(Pub. L. 93-112, title V, Sec. 508, as added Pub. L. 99-506, title
VI, Sec. 603(a), Oct. 21, 1986, 100 Stat. 1830; amended Pub. L. 100-
630, title II, Sec. 206(f), Nov. 7, 1988, 102 Stat. 3312; Pub. L.
102-569, title V, Sec. 509(a), Oct. 29, 1992, 106 Stat. 4430; Pub.
L. 105-220, title IV, Sec. 408(b), Aug. 7, 1998, 112 Stat. 1203;
Pub. L. 106-246, div. B, title II, Sec. 2405, July 13, 2000, 114
Stat. 555.)

-COD-
CODIFICATION
"Section 11101(6) of title 40" substituted in subsec.
(a)(2)(A)(i) for "section 5002(3) of the Clinger-Cohen Act of 1996
(40 U.S.C. 1401(3))" and "section 11103(a) of title 40" substituted
in subsec. (a)(5) for "section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452)" on authority of Pub. L. 107-217, Sec. 5(c),
Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.

-MISC1-
AMENDMENTS
2000 - Subsec. (f)(1)(A). Pub. L. 106-246, Sec. 2405(1),
substituted "Effective 6 months after the date of publication by
the Access Board of final standards described in subsection (a)(2)
of this section," for "Effective 2 years after August 7, 1998,".
Subsec. (f)(1)(B). Pub. L. 106-246, Sec. 2405(2), substituted "6
months after the date of publication by the Access Board of final
standards described in subsection (a)(2) of this section." for "2
years after August 7, 1998."
1998 - Pub. L. 105-220 amended section catchline and text
generally. Prior to amendment, text consisted of subsecs. (a) and
(b) relating to electronic and information technology accessibility
guidelines.
1992 - Pub. L. 102-569 amended section generally, substituting
present provisions for provisions relating to electronic equipment
accessibility guidelines, in consultation with electronic industry,
designed to insure individuals with handicaps use of electronic
office equipment with or without special peripherals, requiring the
Administrator of General Services to adopt guidelines for
electronic equipment accessibility established under this section
for Federal procurement of electronic equipment, and defining term
"special peripherals".
1988 - Subsec. (a)(1). Pub. L. 100-630, Sec. 206(f)(1), inserted
"the Director of" before "the National Institute", struck out "the"
before "General Services", and substituted "individuals with
handicaps" for "handicapped individuals".
Subsec. (a)(3). Pub. L. 100-630, Sec. 206(f)(2), inserted "by the
Director of the National Institute on Disability and Rehabilitation
Research and the Administrator of General Services in consultation
with the electronics industry and the Interagency Committee for
Computer Support of Handicapped Employees" after "revised".
Subsec. (c). Pub. L. 100-630, Sec. 206(f)(3), substituted "an
individual with handicaps" for "a handicapped individual".

-End-

-CITE-
29 USC Sec. 794e 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER V - RIGHTS AND ADVOCACY

-HEAD-
Sec. 794e. Protection and advocacy of individual rights

-STATUTE-
(a) Purpose and construction
(1) Purpose
The purpose of this section is to support a system in each
State to protect the legal and human rights of individuals with
disabilities who -
(A) need services that are beyond the scope of services
authorized to be provided by the client assistance program
under section 732 of this title; and
(B)(i) are ineligible for protection and advocacy programs
under subtitle C of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.]
because the individuals do not have a developmental disability,
as defined in section 102 of such Act [42 U.S.C. 15002]; and
(ii) are ineligible for services under the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (!1) (42
U.S.C. 10801 et seq.) because the individuals are not
individuals with mental illness, as defined in section 102 of
such Act (42 U.S.C. 10802).

(2) Construction
This section shall not be construed to require the provision of
protection and advocacy services that can be provided under the
Assistive Technology Act of 1998 [29 U.S.C. 3001 et seq.].
(b) Appropriations less than $5,500,000
For any fiscal year in which the amount appropriated to carry out
this section is less than $5,500,000, the Commissioner may make
grants from such amount to eligible systems within States to plan
for, develop outreach strategies for, and carry out protection and
advocacy programs authorized under this section for individuals
with disabilities who meet the requirements of subparagraphs (A)
and (B) of subsection (a)(1) of this section.
(c) Appropriations of $5,500,000 or more
(1) Reservations
(A) Technical assistance
For any fiscal year in which the amount appropriated to carry
out this section equals or exceeds $5,500,000, the Commissioner
shall set aside not less than 1.8 percent and not more than 2.2
percent of the amount to provide training and technical
assistance to the systems established under this section.
(B) Grant for the eligible system serving the American Indian
consortium
For any fiscal year in which the amount appropriated to carry
out this section equals or exceeds $10,500,000, the
Commissioner shall reserve a portion, and use the portion to
make a grant for the eligible system serving the American
Indian consortium. The Commission shall make the grant in an
amount of not less than $50,000 for the fiscal year.
(2) Allotments
For any such fiscal year, after the reservations required by
paragraph (1) have been made, the Commissioner shall make
allotments from the remainder of such amount in accordance with
paragraph (3) to eligible systems within States to enable such
systems to carry out protection and advocacy programs authorized
under this section for individuals referred to in subsection (b)
of this section.
(3) Systems within States
(A) Population basis
Except as provided in subparagraph (B), from such remainder
for each such fiscal year, the Commissioner shall make an
allotment to the eligible system within a State of an amount
bearing the same ratio to such remainder as the population of
the State bears to the population of all States.
(B) Minimums
Subject to the availability of appropriations to carry out
this section, and except as provided in paragraph (4), the
allotment to any system under subparagraph (A) shall be not
less than $100,000 or 1/3 of 1 percent of the remainder for
the fiscal year for which the allotment is made, whichever is
greater, and the allotment to any system under this section for
any fiscal year that is less than $100,000 or 1/3 of 1
percent of such remainder shall be increased to the greater of
the two amounts.
(4) Systems within other jurisdictions
(A) In general
For the purposes of paragraph (3)(B), Guam, American Samoa,
the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands shall not be considered to be States.
(B) Allotment
The eligible system within a jurisdiction described in
subparagraph (A) shall be allotted under paragraph (3)(A) not
less than $50,000 for the fiscal year for which the allotment
is made.
(5) Adjustment for inflation
For any fiscal year, beginning in fiscal year 1999, in which
the total amount appropriated to carry out this section exceeds
the total amount appropriated to carry out this section for the
preceding fiscal year, the Commissioner shall increase each of
the minimum grants or allotments under paragraphs (1)(B), (3)(B),
and (4)(B) by a percentage that shall not exceed the percentage
increase in the total amount appropriated to carry out this
section between the preceding fiscal year and the fiscal year
involved.
(d) Proportional reduction
To provide minimum allotments to systems within States (as
increased under subsection (c)(5) of this section) under subsection
(c)(3)(B) of this section, or to provide minimum allotments to
systems within States (as increased under subsection (c)(5) of this
section) under subsection (c)(4)(B) of this section, the
Commissioner shall proportionately reduce the allotments of the
remaining systems within States under subsection (c)(3) of this
section, with such adjustments as may be necessary to prevent the
allotment of any such remaining system within a State from being
reduced to less than the minimum allotment for a system within a
State (as increased under subsection (c)(5) of this section) under
subsection (c)(3)(B) of this section, or the minimum allotment for
a State (as increased under subsection (c)(5) of this section)
under subsection (c)(4)(B) of this section, as appropriate.
(e) Reallotment
Whenever the Commissioner determines that any amount of an
allotment to a system within a State for any fiscal year described
in subsection (c)(1) of this section will not be expended by such
system in carrying out the provisions of this section, the
Commissioner shall make such amount available for carrying out the
provisions of this section to one or more of the systems that the
Commissioner determines will be able to use additional amounts
during such year for carrying out such provisions. Any amount made
available to a system for any fiscal year pursuant to the preceding
sentence shall, for the purposes of this section, be regarded as an
increase in the allotment of the system (as determined under the
preceding provisions of this section) for such year.
(f) Application
In order to receive assistance under this section, an eligible
system shall submit an application to the Commissioner, at such
time, in such form and manner, and containing such information and
assurances as the Commissioner determines necessary to meet the
requirements of this section, including assurances that the
eligible system will -
(1) have in effect a system to protect and advocate the rights
of individuals with disabilities;
(2) have the same general authorities, including access to
records and program income, as are set forth in subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 [42 U.S.C. 15041 et seq.];
(3) have the authority to pursue legal, administrative, and
other appropriate remedies or approaches to ensure the protection
of, and advocacy for, the rights of such individuals within the
State or the American Indian consortium who are individuals
described in subsection (a)(1) of this section;
(4) provide information on and make referrals to programs and
services addressing the needs of individuals with disabilities in
the State or the American Indian consortium;
(5) develop a statement of objectives and priorities on an
annual basis, and provide to the public, including individuals
with disabilities and, as appropriate, the individuals'
representatives, an opportunity to comment on the objectives and
priorities established by, and activities of, the system
including -
(A) the objectives and priorities for the activities of the
system for each year and the rationale for the establishment of
such objectives and priorities; and
(B) the coordination of programs provided through the system
under this section with the advocacy programs of the client
assistance program under section 732 of this title, the State
long-term care ombudsman program established under the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.), the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 [42 U.S.C. 15001 et seq.], and the Protection and Advocacy
for Mentally Ill Individuals Act of 1986 (!2) (42 U.S.C. 10801
et seq.);

(6) establish a grievance procedure for clients or prospective
clients of the system to ensure that individuals with
disabilities are afforded equal opportunity to access the
services of the system; and
(7) provide assurances to the Commissioner that funds made
available under this section will be used to supplement and not
supplant the non-Federal funds that would otherwise be made
available for the purpose for which Federal funds are provided.
(g) Carryover and direct payment
(1) Direct payment
Notwithstanding any other provision of law, the Commissioner
shall pay directly to any system that complies with the
provisions of this section, the amount of the allotment of the
State or the grant for the eligible system that serves the
American Indian consortium involved under this section, unless
the State or American Indian consortium provides otherwise.
(2) Carryover
Any amount paid to an eligible system that serves a State or
American Indian consortium for a fiscal year that remains
unobligated at the end of such year shall remain available to
such system that serves the State or American Indian consortium
for obligation during the next fiscal year for the purposes for
which such amount was paid.
(h) Limitation on disclosure requirements
For purposes of any audit, report, or evaluation of the
performance of the program established under this section, the
Commissioner shall not require such a program to disclose the
identity of, or any other personally identifiable information
related to, any individual requesting assistance under such
program.
(i) Administrative cost
In any State in which an eligible system is located within a
State agency, a State may use a portion of any allotment under
subsection (c) of this section for the cost of the administration
of the system required by this section. Such portion may not exceed
5 percent of the allotment.
(j) Delegation
The Commissioner may delegate the administration of this program
to the Commissioner of the Administration on Developmental
Disabilities within the Department of Health and Human Services.
(k) Report
The Commissioner shall annually prepare and submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Labor and Human Resources of
the Senate a report describing the types of services and activities
being undertaken by programs funded under this section, the total
number of individuals served under this section, the types of
disabilities represented by such individuals, and the types of
issues being addressed on behalf of such individuals.
(l) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as may be necessary for each of the fiscal years 1999
through 2003.
(m) Definitions
As used in this section:
(1) Eligible system
The term "eligible system" means a protection and advocacy
system that is established under subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C.
15041 et seq.] and that meets the requirements of subsection (f)
of this section.
(2) American Indian consortium
The term "American Indian consortium" means a consortium
established as described in section 142 (!2) of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042).

-SOURCE-
(Pub. L. 93-112, title V, Sec. 509, as added Pub. L. 102-569, title
V, Sec. 510(a), Oct. 29, 1992, 106 Stat. 4430; amended Pub. L. 103-
73, title I, Sec. 112(c), Aug. 11, 1993, 107 Stat. 727; Pub. L.
105-12, Sec. 9(n), Apr. 30, 1997, 111 Stat. 28; Pub. L. 105-220,
title IV, Sec. 408(c), Aug. 7, 1998, 112 Stat. 1206; Pub. L. 105-
394, title IV, Sec. 402(c), Nov. 13, 1998, 112 Stat. 3662; Pub. L.
106-402, title IV, Sec. 401(b)(3)(C), (D), Oct. 30, 2000, 114 Stat.
1738.)

-REFTEXT-
REFERENCES IN TEXT
The Developmental Disabilities Assistance and Bill of Rights Act
of 2000, referred to in subsecs. (a)(1)(B)(i), (f)(2), (5)(B), and
(m)(1), is Pub. L. 106-402, Oct. 30, 2000, 114 Stat. 1677, which is
classified principally to chapter 144 (Sec. 15001 et seq.) of Title
42, The Public Health and Welfare. Subtitle C of the Act probably
means subtitle C of title I of the Act which is classified
generally to part C (Sec. 15041 et seq.) of subchapter I of chapter
144 of Title 42. For complete classification of this Act to the
Code, see Short Title note set out under section 15001 of Title 42
and Tables.
The Protection and Advocacy for Mentally Ill Individuals Act of
1986, referred to in subsecs. (a)(1)(B)(ii) and (f)(5)(B), was Pub.
L. 99-319, May 23, 1986, 100 Stat. 478, as amended. Pub. L. 99-319
was renamed the Protection and Advocacy for Individuals with Mental
Illness Act by Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a),
Oct. 17, 2000, 114 Stat. 1193, and is classified generally to
chapter 114 (Sec. 10801 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 10801 of Title 42 and
Tables.
The Assistive Technology Act of 1998, referred to in subsec.
(a)(2), is Pub. L. 105-394, Nov. 13, 1998, 112 Stat. 3627, which is
classified principally to chapter 31 (Sec. 3001 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 3001 of this title and
Tables.
The Older Americans Act of 1965, referred to in subsec.
(f)(5)(B), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as
amended, which is classified generally to chapter 35 (Sec. 3001 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 3001 of Title 42 and Tables.
Section 142 of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6042), referred to in subsec. (m)(2), was
repealed by Pub. L. 106-402, title IV, Sec. 401(a), Oct. 30, 2000,
114 Stat. 1737.

-MISC1-
AMENDMENTS
2000 - Subsecs. (a)(1)(B)(i), (f)(2). Pub. L. 106-402, Sec.
401(b)(3)(C), substituted "subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000" for "part C
of the Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6041 et seq.)".
Subsec. (f)(5)(B). Pub. L. 106-402, Sec. 401(b)(3)(D),
substituted "Developmental Disabilities Assistance and Bill of
Rights Act of 2000" for "Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6000 et seq.)".
Subsec. (m)(1). Pub. L. 106-402, Sec. 401(b)(3)(C), substituted
"subtitle C of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000" for "part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et
seq.)".
1998 - Pub. L. 105-220 amended section catchline and text
generally. Prior to amendment, text consisted of subsecs. (a) to
(n) relating to protection and advocacy of individual rights.
Subsec. (a)(2). Pub. L. 105-394 substituted "the Assistive
Technology Act of 1998" for "the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (42 U.S.C. 2201 et
seq.)".
1997 - Subsec. (f)(8). Pub. L. 105-12 added par. (8).
1993 - Subsec. (a)(1). Pub. L. 103-73, Sec. 112(c)(1), added par.
(1) and struck out former par. (1) which read as follows: "are
ineligible for client assistance programs under section 732 of this
title; and".
Subsec. (b). Pub. L. 103-73, Sec. 112(c)(2), added subsec. (b)
and struck out heading and text of former subsec. (b). Text read as
follows:
"(1) Allotments. - For any fiscal year in which the amount
appropriated to carry out this section is less than $5,500,000, the
Commissioner may make grants from such amount to eligible systems
within States to plan for, develop outreach strategies for, and
carry out protection and advocacy programs authorized under this
section for individuals with disabilities who meet the requirements
of paragraphs (1) and (2) of subsection (a) of this section.
"(2) Other jurisdictions. - For the purposes of this subsection,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and the Republic of
Palau shall not be considered to be States."
Subsec. (c)(4)(A). Pub. L. 103-73, Sec. 112(c)(3)(A)(i),
substituted "paragraph (3)(B)" for "this subsection".
Subsec. (c)(4)(B). Pub. L. 103-73, Sec. 112(c)(3)(A)(ii),
substituted "allotted under paragraph (3)(A)" for "allotted".
Subsec. (c)(5). Pub. L. 103-73, Sec. 112(c)(3)(B), added par. (5)
and struck out heading and text of former par. (5). Text read as
follows:
"(A) States. - For purposes of determining the minimum amount of
an allotment under paragraph (3)(B), the amount $100,000 shall, in
the case of such allotments for fiscal year 1994 and subsequent
fiscal years, be increased to the extent necessary to offset the
effects of inflation occurring since October 1992, as measured by
the percentage increase in the Consumer Price Index For All Urban
Consumers (U.S. city average) during the period ending on April 1
of the fiscal year preceding the fiscal year for which the
allotment is to be made.
"(B) Certain territories. - For purposes of determining the
minimum amount of an allotment under paragraph (4)(B), the amount
$50,000 shall, in the case of such allotments for fiscal year 1994
and subsequent fiscal years, be increased to the extent necessary
to offset the effects of inflation occurring since October 1992, as
measured by the percentage increase in the Consumer Price Index For
All Urban Consumers (U.S. city average) during the period ending on
April 1 of the fiscal year preceding the fiscal year for which the
allotment is to be made."
Subsec. (d). Pub. L. 103-73, Sec. 112(c)(4), added subsec. (d)
and struck out heading and text of former subsec. (d). Text read as
follows: "Amounts necessary to provide allotments to systems within
States in accordance with subsection (c)(3)(B) of this section as
increased under subsection (c)(5) of this section, or to provide
allotments in accordance with subsection (c)(4)(B) of this section
as increased in accordance with subsection (c)(5) of this section,
shall be derived by proportionately reducing the allotments of the
remaining systems within States under subsection (c)(3) of this
section, but with such adjustments as may be necessary to prevent
the allotment of any such remaining systems within States from
being thereby reduced to less than the greater of $100,000 or one-
third of one percent of the sums made available for purposes of
this section for the fiscal year for which the allotment is made,
as increased in accordance with subsection (c)(5) of this section."
Subsec. (i). Pub. L. 103-73, Sec. 112(c)(6), which directed the
amendment of this section "in subsection (i), to read as follows:",
was executed by adding subsec. (i). Former subsec. (i) redesignated
(n).
Subsec. (j). Pub. L. 103-73, Sec. 112(c)(7), added subsec. (j)
and struck out heading and text of former subsec. (j). Text read as
follows: "An eligible system may not use more than 5 percent of any
allotment under subsection (c) of this section for the cost of
administration of the system required by this section."
Subsec. (n). Pub. L. 103-73, Sec. 112(c)(5), redesignated subsec.
(i) as (n).

-CHANGE-
CHANGE OF NAME
Committee on Labor and Human Resources of Senate changed to
Committee on Health, Education, Labor, and Pensions of Senate by
Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
1999.

-MISC2-
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-12 effective Apr. 30, 1997, applicable
to Federal payments made pursuant to obligations incurred after
Apr. 30, 1997, for items and services provided on or after such
date, and also applicable with respect to contracts entered into,
renewed, or extended after Apr. 30, 1997, as well as contracts
entered into before Apr. 30, 1997, to the extent permitted under
such contracts, see section 11 of Pub. L. 105-12, set out as an
Effective Date note under section 14401 of Title 42, The Public
Health and Welfare.

-FOOTNOTE-
(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-
29 USC SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR
INDIVIDUALS WITH DISABILITIES 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES

-HEAD-
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES

-COD-
CODIFICATION
Title VI of the Rehabilitation Act of 1973, comprising this
subchapter, was originally added to Pub. L. 93-112 by Pub. L. 95-
602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2989, and amended
by Pub. L. 98-221, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99-506, Oct.
21, 1986, 100 Stat. 1807; Pub. L. 100-630, Nov. 7, 1988, 102 Stat.
3289; Pub. L. 102-52, June 6, 1991, 105 Stat. 260; Pub. L. 102-119,
Oct. 7, 1991, 105 Stat. 587; Pub. L. 102-569, Oct. 29, 1992, 106
Stat. 4344; Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718. Title VI
is shown herein, however, as having been added by Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1210, without reference
to those intervening amendments because of the extensive revision
of title VI by Pub. L. 105-220.

-End-

-CITE-
29 USC Part A - Projects With Industry 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part A - Projects With Industry

-HEAD-
PART A - PROJECTS WITH INDUSTRY

-End-

-CITE-
29 USC Sec. 795 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part A - Projects With Industry

-HEAD-
Sec. 795. Projects With Industry

-STATUTE-
(a) Purpose; award of grants; eligibility; agreements; evaluation;
technical assistance
(1) The purpose of this part is to create and expand job and
career opportunities for individuals with disabilities in the
competitive labor market by engaging the talent and leadership of
private industry as partners in the rehabilitation process, to
identify competitive job and career opportunities and the skills
needed to perform such jobs, to create practical job and career
readiness and training programs, and to provide job placements and
career advancement.
(2) The Commissioner, in consultation with the Secretary of Labor
and with designated State units, may award grants to individual
employers, community rehabilitation program providers, labor
unions, trade associations, Indian tribes, tribal organizations,
designated State units, and other entities to establish jointly
financed Projects With Industry to create and expand job and career
opportunities for individuals with disabilities, which projects
shall -
(A) provide for the establishment of business advisory
councils, that shall -
(i) be comprised of -
(I) representatives of private industry, business concerns,
and organized labor;
(II) individuals with disabilities and representatives of
individuals with disabilities; and
(III) a representative of the appropriate designated State
unit;

(ii) identify job and career availability within the
community, consistent with the current and projected local
employment opportunities identified by the local workforce
investment board for the community under section 2833(b)(1)(B)
of this title;
(iii) identify the skills necessary to perform the jobs and
careers identified; and
(iv) prescribe training programs designed to develop
appropriate job and career skills, or job placement programs
designed to identify and develop job placement and career
advancement opportunities, for individuals with disabilities in
fields related to the job and career availability identified
under clause (ii);

(B) provide job development, job placement, and career
advancement services;
(C) to the extent appropriate, provide for -
(i) training in realistic work settings in order to prepare
individuals with disabilities for employment and career
advancement in the competitive market; and
(ii) to the extent practicable, the modification of any
facilities or equipment of the employer involved that are used
primarily by individuals with disabilities, except that a
project shall not be required to provide for such modification
if the modification is required as a reasonable accommodation
under the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.); and

(D) provide individuals with disabilities with such support
services as may be required in order to maintain the employment
and career advancement for which the individuals have received
training under this part.

(3)(A) An individual shall be eligible for services described in
paragraph (2) if the individual is determined to be an individual
described in section 722(a)(1) of this title, and if the
determination is made in a manner consistent with section 722(a) of
this title.
(B) Such a determination may be made by the recipient of a grant
under this part, to the extent the determination is appropriate and
available and consistent with the requirements of section 722(a) of
this title.
(4) The Commissioner shall enter into an agreement with the grant
recipient regarding the establishment of the project. Any agreement
shall be jointly developed by the Commissioner, the grant
recipient, and, to the extent practicable, the appropriate
designated State unit and the individuals with disabilities (or the
individuals' representatives) involved. Such agreements shall
specify the terms of training and employment under the project,
provide for the payment by the Commissioner of part of the costs of
the project (in accordance with subsection (c) of this section),
and contain the items required under subsection (b) of this section
and such other provisions as the parties to the agreement consider
to be appropriate.
(5) Any agreement shall include a description of a plan to
annually conduct a review and evaluation of the operation of the
project in accordance with standards developed by the Commissioner
under subsection (d) of this section, and, in conducting the review
and evaluation, to collect data and information of the type
described in subparagraphs (A) through (C) of section 721(a)(10) of
this title, as determined to be appropriate by the Commissioner.
(6) The Commissioner may include, as part of agreements with
grant recipients, authority for such grant recipients to provide
technical assistance to -
(A) assist employers in hiring individuals with disabilities;
or
(B) improve or develop relationships between -
(i) grant recipients or prospective grant recipients; and
(ii) employers or organized labor; or

(C) assist employers in understanding and meeting the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) as the Act relates to employment of
individuals with disabilities.
(b) Requirements for payment
No payment shall be made by the Commissioner under any agreement
with a grant recipient entered into under subsection (a) of this
section unless such agreement -
(1) provides an assurance that individuals with disabilities
placed under such agreement shall receive at least the applicable
minimum wage;
(2) provides an assurance that any individual with a disability
placed under this part shall be afforded terms and benefits of
employment equal to terms and benefits that are afforded to the
similarly situated nondisabled co-workers of the individual, and
that such individuals with disabilities shall not be segregated
from their co-workers; and
(3) provides an assurance that an annual evaluation report
containing information specified under subsection (a)(5) of this
section shall be submitted as determined to be appropriate by the
Commissioner.
(c) Amount of payments
Payments under this section with respect to any project may not
exceed 80 per centum of the costs of the project.
(d) Standards for evaluation; recommendations
(1) The Commissioner shall develop standards for the evaluation
described in subsection (a)(5) of this section and shall review and
revise the evaluation standards as necessary, subject to paragraph
(2).
(2) In revising the standards for evaluation to be used by the
grant recipients, the Commissioner shall obtain and consider
recommendations for such standards from State vocational
rehabilitation agencies, current and former grant recipients,
professional organizations representing business and industry,
organizations representing individuals with disabilities,
individuals served by grant recipients, organizations representing
community rehabilitation program providers, and labor
organizations.
(e) Period of grant; renewal; award on competitive basis; equitable
distribution
(1)(A) A grant may be awarded under this section for a period of
up to 5 years and such grant may be renewed.
(B) Grants under this section shall be awarded on a competitive
basis. To be eligible to receive such a grant, a prospective grant
recipient shall submit an application to the Commissioner at such
time, in such manner, and containing such information as the
Commissioner may require.
(2) The Commissioner shall, to the extent practicable, ensure an
equitable distribution of payments made under this section among
the States. To the extent funds are available, the Commissioner
shall award grants under this section to new projects that will
serve individuals with disabilities in States, portions of States,
Indian tribes, or tribal organizations, that are currently unserved
or underserved by projects.
(f) Indicators for compliance with evaluation standards; annual
reports; onsite compliance reviews; analysis included in reports
to Congress
(1) The Commissioner shall, as necessary, develop and publish in
the Federal Register, in final form, indicators of what constitutes
minimum compliance consistent with the evaluation standards under
subsection (d)(1) of this section.
(2) Each grant recipient shall report to the Commissioner at the
end of each project year the extent to which the grant recipient is
in compliance with the evaluation standards.
(3)(A) The Commissioner shall annually conduct onsite compliance
reviews of at least 15 percent of grant recipients. The
Commissioner shall select grant recipients for review on a random
basis.
(B) The Commissioner shall use the indicators in determining
compliance with the evaluation standards.
(C) The Commissioner shall ensure that at least one member of a
team conducting such a review shall be an individual who -
(i) is not an employee of the Federal Government; and
(ii) has experience or expertise in conducting projects.

(D) The Commissioner shall ensure that -
(i) a representative of the appropriate designated State unit
shall participate in the review; and
(ii) no person shall participate in the review of a grant
recipient if -
(I) the grant recipient provides any direct financial benefit
to the reviewer; or
(II) participation in the review would give the appearance of
a conflict of interest.

(4) In making a determination concerning any subsequent grant
under this section, the Commissioner shall consider the past
performance of the applicant, if applicable. The Commissioner shall
use compliance indicators developed under this subsection that are
consistent with program evaluation standards developed under
subsection (d) of this section to assess minimum project
performance for purposes of making continuation awards in the
third, fourth, and fifth years.
(5) Each fiscal year the Commissioner shall include in the annual
report to Congress required by section 710 of this title an
analysis of the extent to which grant recipients have complied with
the evaluation standards. The Commissioner may identify individual
grant recipients in the analysis. In addition, the Commissioner
shall report the results of onsite compliance reviews, identifying
individual grant recipients.
(g) Technical assistance to entities conducting or planning
projects
The Commissioner may provide, directly or by way of grant,
contract, or cooperative agreement, technical assistance to -
(1) entities conducting projects for the purpose of assisting
such entities in -
(A) the improvement of or the development of relationships
with private industry or labor; or
(B) the improvement of relationships with State vocational
rehabilitation agencies; and

(2) entities planning the development of new projects.
(h) Definitions
As used in this section:
(1) The term "agreement" means an agreement described in
subsection (a)(4) of this section.
(2) The term "project" means a Project With Industry
established under subsection (a)(2) of this section.
(3) The term "grant recipient" means a recipient of a grant
under subsection (a)(2) of this section.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 611, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1210.)

-REFTEXT-
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred to in
subsec. (a)(2)(C)(ii), (6)(C), is Pub. L. 101-336, July 26, 1990,
104 Stat. 327, as amended, which is classified principally to
chapter 126 (Sec. 12101 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 12101 of Title 42 and
Tables.

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795g
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 795, Pub. L. 93-112, title VI, Sec. 611, as added
Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2989;
amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title X, Sec.
1002(f), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L. 102-569,
title I, Sec. 102(p)(36), title VI, Sec. 601, Oct. 29, 1992, 106
Stat. 4360, 4434, authorized community service employment pilot
programs for individuals with disabilities, prior to the general
amendment of this subchapter by Pub. L. 105-220.

SHORT TITLE
For short title of this subchapter as the "Employment
Opportunities for Individuals With Disabilities Act", see section
601 of Pub. L. 93-112, as amended, set out as a note under section
701 of this title.

-End-

-CITE-
29 USC Sec. 795a 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part A - Projects With Industry

-HEAD-
Sec. 795a. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to carry out the
provisions of this part, such sums as may be necessary for each of
fiscal years 1999 through 2003.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 612, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1214.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795i
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
Prior sections 795a to 795f were omitted in the general amendment
of this subchapter by Pub. L. 105-220.
Section 795a, Pub. L. 93-112, title VI, Sec. 612, as added Pub.
L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2991; amended
Pub. L. 98-221, title I, Sec. 165, Feb. 22, 1984, 98 Stat. 30; Pub.
L. 100-630, title II, Sec. 207(a), Nov. 7, 1988, 102 Stat. 3313,
related to administration of community service employment pilot
programs for individuals with disabilities.
Section 795b, Pub. L. 93-112, title VI, Sec. 613, as added Pub.
L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2991; amended
Pub. L. 102-569, title VI, Sec. 602, Oct. 29, 1992, 106 Stat. 4434,
related to employment.
Section 795c, Pub. L. 93-112, title VI, Sec. 614, as added Pub.
L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2992; amended
Pub. L. 98-221, title I, Sec. 104(b)(5), Feb. 22, 1984, 98 Stat.
18, related to interagency cooperation.
Section 795d, Pub. L. 93-112, title VI, Sec. 615, as added Pub.
L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2992; amended
Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title VII, Sec. 701,
Oct. 21, 1986, 100 Stat. 1810, 1831; Pub. L. 102-569, title I, Sec.
102(p)(37), Oct. 29, 1992, 106 Stat. 4360, related to award of
grants or contracts.
Section 795e, Pub. L. 93-112, title VI, Sec. 616, as added Pub.
L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2993; amended
Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986, 100
Stat. 1810; Pub. L. 102-569, title I, Sec. 102(p)(38), title VI,
Sec. 603, Oct. 29, 1992, 106 Stat. 4361, 4434, defined terms
"community service" and "pilot program".
Section 795f, Pub. L. 93-112, title VI, Sec. 617, as added Pub.
L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2993; amended
Pub. L. 98-221, title I, Sec. 161, Feb. 22, 1984, 98 Stat. 29; Pub.
L. 99-506, title VII, Sec. 702, Oct. 21, 1986, 100 Stat. 1831; Pub.
L. 102-52, Sec. 7(a), June 6, 1991, 105 Stat. 262; Pub. L. 102-569,
title VI, Sec. 604, Oct. 29, 1992, 106 Stat. 4434, authorized
appropriations.

-End-

-CITE-
29 USC Part B - Supported Employment Services for
Individuals With the Most
Significant Disabilities 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities

-HEAD-
PART B - SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH THE
MOST SIGNIFICANT DISABILITIES

-End-

-CITE-
29 USC Sec. 795g 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities

-HEAD-
Sec. 795g. Purpose

-STATUTE-
It is the purpose of this part to authorize allotments, in
addition to grants for vocational rehabilitation services under
subchapter I of this chapter, to assist States in developing
collaborative programs with appropriate entities to provide
supported employment services for individuals with the most
significant disabilities to enable such individuals to achieve the
employment outcome of supported employment.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 621, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(12)], Oct.
21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795j
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 795g, Pub. L. 93-112, title VI, Sec. 621, as
added Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat.
2993; amended Pub. L. 98-221, title I, Secs. 162, 163, Feb. 22,
1984, 98 Stat. 29, 30; Pub. L. 99-506, title I, Sec. 103(d)(2)(B),
(C), title VII, Sec. 703(a)(1)-(3), (b)-(d), Oct. 21, 1986, 100
Stat. 1810, 1831, 1832; Pub. L. 100-630, title II, Sec. 207(b),
Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102-569, title VI, Sec. 611,
Oct. 29, 1992, 106 Stat. 4434, related to Projects With Industry,
prior to the general amendment of this subchapter by Pub. L. 105-
220. See section 795 of this title.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to section
designation and catchline in original.

-End-

-CITE-
29 USC Sec. 795h 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities

-HEAD-
Sec. 795h. Allotments

-STATUTE-
(a) In general
(1) States
The Secretary shall allot the sums appropriated for each fiscal
year to carry out this part among the States on the basis of
relative population of each State, except that -
(A) no State shall receive less than $250,000, or 1/3 of 1
percent of the sums appropriated for the fiscal year for which
the allotment is made, whichever is greater; and
(B) if the sums appropriated to carry out this part for the
fiscal year exceed by $1,000,000 or more the sums appropriated
to carry out this part in fiscal year 1992, no State shall
receive less than $300,000, or 1/3 of 1 percent of the sums
appropriated for the fiscal year for which the allotment is
made, whichever is greater.
(2) Certain territories
(A) In general
For the purposes of this subsection, Guam, American Samoa,
the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands shall not be considered to be States.
(B) Allotment
Each jurisdiction described in subparagraph (A) shall be
allotted not less than one-eighth of one percent of the amounts
appropriated for the fiscal year for which the allotment is
made.
(b) Reallotment
Whenever the Commissioner determines that any amount of an
allotment to a State for any fiscal year will not be expended by
such State for carrying out the provisions of this part, the
Commissioner shall make such amount available for carrying out the
provisions of this part to one or more of the States that the
Commissioner determines will be able to use additional amounts
during such year for carrying out such provisions. Any amount made
available to a State for any fiscal year pursuant to the preceding
sentence shall, for the purposes of this section, be regarded as an
increase in the allotment of the State (as determined under the
preceding provisions of this section) for such year.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 622, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(13)], Oct.
21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795k
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 795h, Pub. L. 93-112, title VI, Sec. 622, as
added Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat.
2994, and amended, which related to business opportunities for
individuals with disabilities and promulgation of regulations, was
renumbered section 641 of Pub. L. 93-112, by Pub. L. 102-569, title
VI, Sec. 612(a)(2), (3), Oct. 29, 1992, 106 Stat. 4438, and
transferred to section 795r of this title, prior to the general
amendment of this subchapter by Pub. L. 105-220.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment in original to
section designation and catchline.

-End-

-CITE-
29 USC Sec. 795i 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities

-HEAD-
Sec. 795i. Availability of services

-STATUTE-
Funds provided under this part may be used to provide supported
employment services to individuals who are eligible under this
part. Funds provided under this part, or subchapter I of this
chapter, may not be used to provide extended services to
individuals who are eligible under this part or subchapter I of
this chapter.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 623, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(14)], Oct.
21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795l
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 795i, Pub. L. 93-112, title VI, Sec. 622,
formerly Sec. 623, as added Pub. L. 95-602, title II, Sec. 201,
Nov. 6, 1978, 92 Stat. 2994; amended Pub. L. 98-221, title I, Sec.
164, Feb. 22, 1984, 98 Stat. 30; Pub. L. 99-506, title VII, Sec.
704, Oct. 21, 1986, 100 Stat. 1834; Pub. L. 100-630, title II, Sec.
207(d), Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102-52, Sec. 7(b),
June 6, 1991, 105 Stat. 262; renumbered Sec. 622 and amended Pub.
L. 102-569, title VI, Sec. 613(a), Oct. 29, 1992, 106 Stat. 4439,
authorized appropriations, prior to the general amendment of this
subchapter by Pub. L. 105-220. See section 795a of this title.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to section
designation and catchline in original.

-End-

-CITE-
29 USC Sec. 795j 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities

-HEAD-
Sec. 795j. Eligibility

-STATUTE-
An individual shall be eligible under this part to receive
supported employment services authorized under this chapter if -
(1) the individual is eligible for vocational rehabilitation
services;
(2) the individual is determined to be an individual with a
most significant disability; and
(3) a comprehensive assessment of rehabilitation needs of the
individual described in section 705(2)(B) of this title,
including an evaluation of rehabilitation, career, and job needs,
identifies supported employment as the appropriate employment
outcome for the individual.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 624, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(15)], Oct.
21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795m
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 795j, Pub. L. 93-112, title VI, Sec. 631, as
added Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106
Stat. 4439, stated purpose of program for supported employment
services for individuals with severe disabilities, prior to the
general amendment of this subchapter by Pub. L. 105-220. See
section 795g of this title.
Another prior section 795j, Pub. L. 93-112, title VI, Sec. 631,
as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,
100 Stat. 1834, outlined the purpose of former part C of this
subchapter, prior to repeal by Pub. L. 102-569, Sec. 621(a).

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to section
designation and catchline in original.

-End-

-CITE-
29 USC Sec. 795k 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities

-HEAD-
Sec. 795k. State plan

-STATUTE-
(a) State plan supplements
To be eligible for an allotment under this part, a State shall
submit to the Commissioner, as part of the State plan under section
721 of this title, a State plan supplement for providing supported
employment services authorized under this chapter to individuals
who are eligible under this chapter to receive the services. Each
State shall make such annual revisions in the plan supplement as
may be necessary.
(b) Contents
Each such plan supplement shall -
(1) designate each designated State agency as the agency to
administer the program assisted under this part;
(2) summarize the results of the comprehensive, statewide
assessment conducted under section 721(a)(15)(A)(i) of this
title, with respect to the rehabilitation needs of individuals
with significant disabilities and the need for supported
employment services, including needs related to coordination;
(3) describe the quality, scope, and extent of supported
employment services authorized under this chapter to be provided
to individuals who are eligible under this chapter to receive the
services and specify the goals and plans of the State with
respect to the distribution of funds received under section 795h
of this title;
(4) demonstrate evidence of the efforts of the designated State
agency to identify and make arrangements (including entering into
cooperative agreements) with other State agencies and other
appropriate entities to assist in the provision of supported
employment services;
(5) demonstrate evidence of the efforts of the designated State
agency to identify and make arrangements (including entering into
cooperative agreements) with other public or nonprofit agencies
or organizations within the State, employers, natural supports,
and other entities with respect to the provision of extended
services;
(6) provide assurances that -
(A) funds made available under this part will only be used to
provide supported employment services authorized under this
chapter to individuals who are eligible under this part to
receive the services;
(B) the comprehensive assessments of individuals with
significant disabilities conducted under section 722(b)(1) of
this title and funded under subchapter I of this chapter will
include consideration of supported employment as an appropriate
employment outcome;
(C) an individualized plan for employment, as required by
section 722 of this title, will be developed and updated using
funds under subchapter I of this chapter in order to -
(i) specify the supported employment services to be
provided;
(ii) specify the expected extended services needed; and
(iii) identify the source of extended services, which may
include natural supports, or to the extent that it is not
possible to identify the source of extended services at the
time the individualized plan for employment is developed, a
statement describing the basis for concluding that there is a
reasonable expectation that such sources will become
available;

(D) the State will use funds provided under this part only to
supplement, and not supplant, the funds provided under
subchapter I of this chapter, in providing supported employment
services specified in the individualized plan for employment;
(E) services provided under an individualized plan for
employment will be coordinated with services provided under
other individualized plans established under other Federal or
State programs;
(F) to the extent jobs skills training is provided, the
training will be provided on site; and
(G) supported employment services will include placement in
an integrated setting for the maximum number of hours possible
based on the unique strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice of
individuals with the most significant disabilities;

(7) provide assurances that the State agencies designated under
paragraph (1) will expend not more than 5 percent of the
allotment of the State under this part for administrative costs
of carrying out this part; and
(8) contain such other information and be submitted in such
manner as the Commissioner may require.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 625, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(16)], Oct.
21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795n
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 795k, Pub. L. 93-112, title VI, Sec. 632, as
added Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106
Stat. 4439, related to allotments, prior to the general amendment
of this subchapter by Pub. L. 105-220. See section 795h of this
title.
Another prior section 795k, Pub. L. 93-112, title VI, Sec. 632,
as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,
100 Stat. 1834, related to eligibility for services under former
part C of this subchapter, prior to repeal by Pub. L. 102-569, Sec.
621(a).

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment in original to
section designation and catchline.

-End-

-CITE-
29 USC Sec. 795l 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities

-HEAD-
Sec. 795l. Restriction

-STATUTE-
Each State agency designated under section 795k(b)(1) of this
title shall collect the information required by section 721(a)(10)
of this title separately for eligible individuals receiving
supported employment services under this part and for eligible
individuals receiving supported employment services under
subchapter I of this chapter.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 626, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1216; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(17)], Oct.
21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795o
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 795l, Pub. L. 93-112, title VI, Sec. 633, as
added Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106
Stat. 4440; amended Pub. L. 103-73, title I, Sec. 113, Aug. 11,
1993, 107 Stat. 728, related to availability of services, prior to
the general amendment of this subchapter by Pub. L. 105-220. See
section 795i of this title.
Another prior section 795l, Pub. L. 93-112, title VI, Sec. 633,
as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,
100 Stat. 1834; amended Pub. L. 100-630, title II, Sec. 207(e),
Nov. 7, 1988, 102 Stat. 3313, provided for allotments to States,
unused funds, and planning grants, prior to repeal by Pub. L. 102-
569, Sec. 621(a).

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to section
designation and catchline in original.

-End-

-CITE-
29 USC Sec. 795m 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities

-HEAD-
Sec. 795m. Savings provision

-STATUTE-
(a) Supported employment services
Nothing in this chapter shall be construed to prohibit a State
from providing supported employment services in accordance with the
State plan submitted under section 721 of this title by using funds
made available through a State allotment under section 730 of this
title.
(b) Postemployment services
Nothing in this part shall be construed to prohibit a State from
providing discrete postemployment services in accordance with the
State plan submitted under section 721 of this title by using funds
made available through a State allotment under section 730 of this
title to an individual who is eligible under this part.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 627, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1216; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(18)], Oct.
21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795p
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 795m, Pub. L. 93-112, title VI, Sec. 634, as
added Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106
Stat. 4440, related to eligibility for services, prior to the
general amendment of this subchapter by Pub. L. 105-220. See
section 795j of this title.
Another prior section 795m, Pub. L. 93-112, title VI, Sec. 634,
as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,
100 Stat. 1835; amended Pub. L. 100-630, title II, Sec. 207(f),
Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102-119, Sec. 26(e), Oct. 7,
1991, 105 Stat. 607, provided for submission of State plans for
assistance under former part C of this subchapter, prior to repeal
by Pub. L. 102-569, Sec. 621(a).

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment in original to
section designation and catchline.

-End-

-CITE-
29 USC Sec. 795n 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities

-HEAD-
Sec. 795n. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 1999 through
2003.

-SOURCE-
(Pub. L. 93-112, title VI, Sec. 628, as added Pub. L. 105-220,
title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1217; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(19)], Oct.
21, 1998, 112 Stat. 2681-337, 2681-414.)

-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 795q
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
Prior sections 795n to 795r were omitted in the general amendment
of this subchapter by Pub. L. 105-220.
Section 795n, Pub. L. 93-112, title VI, Sec. 635, as added Pub.
L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106 Stat. 4440,
related to State plans. See section 795k of this title.
Another prior section 795n, Pub. L. 93-112, title VI, Sec. 635,
as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,
100 Stat. 1836; amended Pub. L. 100-630, title II, Sec. 207(g),
Nov. 7, 1988, 102 Stat. 3314, related to availability and
comparability of services under former part C of this subchapter,
prior to repeal by Pub. L. 102-569, Sec. 621(a).
Section 795o, Pub. L. 93-112, title VI, Sec. 636, as added Pub.
L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106 Stat. 4442,
related to collection of client information. See section 795l of
this title.
Another prior section 795o, Pub. L. 93-112, title VI, Sec. 636,
as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,
100 Stat. 1836, related to collection of client information, prior
to repeal by Pub. L. 102-569, Sec. 621(a).
Section 795p, Pub. L. 93-112, title VI, Sec. 637, as added Pub.
L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106 Stat. 4442,
contained savings provision. See section 795m of this title.
Another prior section 795p, Pub. L. 93-112, title VI, Sec. 637,
as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,
100 Stat. 1837, contained a savings provision not prohibiting a
State from carrying out post-employment services leading to
supported employment, prior to repeal by Pub. L. 102-569, Sec.
621(a).
Section 795q, Pub. L. 93-112, title VI, Sec. 638, as added Pub.
L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106 Stat. 4442,
authorized appropriations.
Another prior section 795q, Pub. L. 93-112, title VI, Sec. 638,
as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,
100 Stat. 1837; amended Pub. L. 100-630, title II, Sec. 207(h),
Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102-52, Sec. 7(c), June 6,
1991, 105 Stat. 262, authorized appropriations for fiscal years
1987 to 1992, prior to repeal by Pub. L. 102-569, Sec. 621(a).
Section 795r, Pub. L. 93-112, title VI, Sec. 641, formerly Sec.
622, as added Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92
Stat. 2994; amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C),
Oct. 21, 1986, 100 Stat. 1810; Pub. L. 100-630, title II, Sec.
207(c), Nov. 7, 1988, 102 Stat. 3313; renumbered Sec. 641 and
amended Pub. L. 102-569, title I, Sec. 102(p)(39), title VI, Sec.
612(a)(2), (3), (b), Oct. 29, 1992, 106 Stat. 4361, 4438, related
to business opportunities for individuals with disabilities.

AMENDMENTS
1998 - Pub. L. 105-277 made technical amendment to section
designation and catchline in original.

-End-

-CITE-
29 USC SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND
CENTERS FOR INDEPENDENT LIVING 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING

-HEAD-
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING

-COD-
CODIFICATION
Title VII of the Rehabilitation Act of 1973, comprising this
subchapter, was originally added to Pub. L. 93-112 by Pub. L. 102-
569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 4443, and
amended by Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718. Title VII
is shown herein, however, as having been added by Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1217, without reference
to those intervening amendments because of the extensive revision
of title VII by Pub. L. 105-220.

-End-

-CITE-
29 USC Part A - Individuals With Significant Disabilities 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities

-HEAD-
PART A - INDIVIDUALS WITH SIGNIFICANT DISABILITIES

-End-

-CITE-
29 USC subpart 1 - general provisions 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 1 - general provisions

-HEAD-
SUBPART 1 - GENERAL PROVISIONS

-End-

-CITE-
29 USC Sec. 796 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 1 - general provisions

-HEAD-
Sec. 796. Purpose

-STATUTE-
The purpose of this part is to promote a philosophy of
independent living, including a philosophy of consumer control,
peer support, self-help, self-determination, equal access, and
individual and system advocacy, in order to maximize the
leadership, empowerment, independence, and productivity of
individuals with disabilities, and the integration and full
inclusion of individuals with disabilities into the mainstream of
American society, by -
(1) providing financial assistance to States for providing,
expanding, and improving the provision of independent living
services;
(2) providing financial assistance to develop and support
statewide networks of centers for independent living; and
(3) providing financial assistance to States for improving
working relationships among State independent living
rehabilitation service programs, centers for independent living,
Statewide Independent Living Councils established under section
796d of this title, State vocational rehabilitation programs
receiving assistance under subchapter I of this chapter, State
programs of supported employment services receiving assistance
under part B of subchapter VI of this chapter, client assistance
programs receiving assistance under section 732 of this title,
programs funded under other subchapters of this chapter, programs
funded under other Federal law, and programs funded through non-
Federal sources.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 701, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1217.)

-MISC1-
PRIOR PROVISIONS
A prior section 796, Pub. L. 93-112, title VII, Sec. 701, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4443; amended Pub. L. 103-73, title I, Sec. 114(a), Aug. 11,
1993, 107 Stat. 728, related to purpose of program to provide
assistance for independent living for individuals with severe
disabilities, prior to the general amendment of this subchapter by
Pub. L. 105-220.
Another prior section 796, Pub. L. 93-112, title VII, Sec. 701,
as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 2995, provided Congressional statement of purpose of former
subchapter VII, prior to repeal by Pub. L. 102-569, Sec. 701(1).

-End-

-CITE-
29 USC Sec. 796a 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 1 - general provisions

-HEAD-
Sec. 796a. Definitions

-STATUTE-
As used in this part:
(1) Center for independent living
The term "center for independent living" means a consumer-
controlled, community-based, cross-disability, nonresidential
private nonprofit agency that -
(A) is designed and operated within a local community by
individuals with disabilities; and
(B) provides an array of independent living services.
(2) Consumer control
The term "consumer control" means, with respect to a center for
independent living, that the center vests power and authority in
individuals with disabilities.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 702, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1218.)

-MISC1-
PRIOR PROVISIONS
A prior section 796a, Pub. L. 93-112, title VII, Sec. 702, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4443, defined terms "center for independent living" and
"consumer control", prior to the general amendment of this
subchapter by Pub. L. 105-220.
Another prior section 796a, Pub. L. 93-112, title VII, Sec. 702,
as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 2995; amended Pub. L. 99-506, title I, Sec. 103(d)(2)(A),
(C), title VIII, Sec. 801, title X, Secs. 1001(g)(1), 1002(h), Oct.
21, 1986, 100 Stat. 1810, 1837, 1843, 1844; Pub. L. 100-630, title
II, Sec. 208(a), Nov. 7, 1988, 102 Stat. 3314, provided eligibility
requirements and definition of "comprehensive services for
independent living", prior to repeal by Pub. L. 102-569, Sec.
701(1).

-End-

-CITE-
29 USC Sec. 796b 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 1 - general provisions

-HEAD-
Sec. 796b. Eligibility for receipt of services

-STATUTE-
Services may be provided under this part to any individual with a
significant disability, as defined in section 705(21)(B) of this
title.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 703, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1218.)

-MISC1-
PRIOR PROVISIONS
A prior section 796b, Pub. L. 93-112, title VII, Sec. 703, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4444, related to eligibility for receipt of services, prior
to the general amendment of this subchapter by Pub. L. 105-220.
Another prior section 796b, Pub. L. 93-112, title VII, Sec. 703,
as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 2996; amended Pub. L. 99-506, title X, Sec. 1001(g)(2), Oct.
21, 1986, 100 Stat. 1843; Pub. L. 100-630, title II, Sec. 208(b),
Nov. 7, 1988, 102 Stat. 3314, related to State allotments for
comprehensive services for independent living, prior to repeal by
Pub. L. 102-569, Sec. 701(1).

-End-

-CITE-
29 USC Sec. 796c 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 1 - general provisions

-HEAD-
Sec. 796c. State plan

-STATUTE-
(a) In general
(1) Requirement
To be eligible to receive financial assistance under this part,
a State shall submit to the Commissioner, and obtain approval of,
a State plan containing such provisions as the Commissioner may
require, including, at a minimum, the provisions required in this
section.
(2) Joint development
The plan under paragraph (1) shall be jointly developed and
signed by -
(A) the director of the designated State unit; and
(B) the chairperson of the Statewide Independent Living
Council, acting on behalf of and at the direction of the
Council.
(3) Periodic review and revision
The plan shall provide for the review and revision of the plan,
not less than once every 3 years, to ensure the existence of
appropriate planning, financial support and coordination, and
other assistance to appropriately address, on a statewide and
comprehensive basis, needs in the State for -
(A) the provision of State independent living services;
(B) the development and support of a statewide network of
centers for independent living; and
(C) working relationships between -
(i) programs providing independent living services and
independent living centers; and
(ii) the vocational rehabilitation program established
under subchapter I of this chapter, and other programs
providing services for individuals with disabilities.
(4) Date of submission
The State shall submit the plan to the Commissioner 90 days
before the completion date of the preceding plan. If a State
fails to submit such a plan that complies with the requirements
of this section, the Commissioner may withhold financial
assistance under this part until such time as the State submits
such a plan.
(b) Statewide Independent Living Council
The plan shall provide for the establishment of a Statewide
Independent Living Council in accordance with section 796d of this
title.
(c) Designation of State unit
The plan shall designate the designated State unit of such State
as the agency that, on behalf of the State, shall -
(1) receive, account for, and disburse funds received by the
State under this part based on the plan;
(2) provide administrative support services for a program under
subpart 2, and a program under subpart 3 in a case in which the
program is administered by the State under section 796f-2 of this
title;
(3) keep such records and afford such access to such records as
the Commissioner finds to be necessary with respect to the
programs; and
(4) submit such additional information or provide such
assurances as the Commissioner may require with respect to the
programs.
(d) Objectives
The plan shall -
(1) specify the objectives to be achieved under the plan and
establish timelines for the achievement of the objectives; and
(2) explain how such objectives are consistent with and further
the purpose of this part.
(e) Independent living services
The plan shall provide that the State will provide independent
living services under this part to individuals with significant
disabilities, and will provide the services to such an individual
in accordance with an independent living plan mutually agreed upon
by an appropriate staff member of the service provider and the
individual, unless the individual signs a waiver stating that such
a plan is unnecessary.
(f) Scope and arrangements
The plan shall describe the extent and scope of independent
living services to be provided under this part to meet such
objectives. If the State makes arrangements, by grant or contract,
for providing such services, such arrangements shall be described
in the plan.
(g) Network
The plan shall set forth a design for the establishment of a
statewide network of centers for independent living that comply
with the standards and assurances set forth in section 796f-4 of
this title.
(h) Centers
In States in which State funding for centers for independent
living equals or exceeds the amount of funds allotted to the State
under subpart 3, as provided in section 796f-2 of this title, the
plan shall include policies, practices, and procedures governing
the awarding of grants to centers for independent living and
oversight of such centers consistent with section 796f-2 of this
title.
(i) Cooperation, coordination, and working relationships among
various entities
The plan shall set forth the steps that will be taken to maximize
the cooperation, coordination, and working relationships among -
(1) the independent living rehabilitation service program, the
Statewide Independent Living Council, and centers for independent
living; and
(2) the designated State unit, other State agencies represented
on such Council, other councils that address the needs of
specific disability populations and issues, and other public and
private entities determined to be appropriate by the Council.
(j) Coordination of services
The plan shall describe how services funded under this part will
be coordinated with, and complement, other services, in order to
avoid unnecessary duplication with other Federal, State, and local
programs.
(k) Coordination between Federal and State sources
The plan shall describe efforts to coordinate Federal and State
funding for centers for independent living and independent living
services.
(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 Commissioner determines
to be appropriate to facilitate an effective audit;
(C) afford such access to records maintained under
subparagraphs (A) and (B) as the Commissioner determines to be
appropriate; and
(D) submit such reports with respect to such records as the
Commissioner determines to be appropriate;
(5) provide access to the Commissioner and the Comptroller
General or any of their duly authorized representatives, for the
purpose of conducting audits and examinations, of any books,
documents, papers, and records of the recipients that are
pertinent to the financial assistance received under this part;
and
(6) provide for public hearings regarding the contents of the
plan during both the formulation and review of the plan.
(n) Evaluation
The plan shall establish a method for the periodic evaluation of
the effectiveness of the plan in meeting the objectives established
in subsection (d) of this section, including evaluation of
satisfaction by individuals with disabilities.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 704, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1218.)

-MISC1-
PRIOR PROVISIONS
A prior section 796c, Pub. L. 93-112, title VII, Sec. 704, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4444; amended Pub. L. 103-73, title I, Sec. 114(b), Aug. 11,
1993, 107 Stat. 728, related to State plans, prior to the general
amendment of this subchapter by Pub. L. 105-220.
Another prior section 796c, Pub. L. 93-112, title VII, Sec. 704,
as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 2997; amended Pub. L. 100-630, title II, Sec. 208(c), Nov. 7,
1988, 102 Stat. 3314, related to payments to States from allotments
to pay Federal share of expenditures, prior to repeal by Pub. L.
102-569, Sec. 701(1).

-End-

-CITE-
29 USC Sec. 796d 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 1 - general provisions

-HEAD-
Sec. 796d. Statewide Independent Living Council

-STATUTE-
(a) Establishment
To be eligible to receive financial assistance under this part,
each State shall establish a Statewide Independent Living Council
(referred to in this section as the "Council"). The Council shall
not be established as an entity within a State agency.
(b) Composition and appointment
(1) Appointment
Members of the Council shall be appointed by the Governor or,
in the case of a State that, under State law, vests authority for
the administration of the activities carried out under this
chapter in an entity other than the Governor (such as one or more
houses of the State legislature or an independent board), the
chief officer of that entity. The appointing authority shall
select members after soliciting recommendations from
representatives of organizations representing a broad range of
individuals with disabilities and organizations interested in
individuals with disabilities.
(2) Composition
The Council shall include -
(A) at least one director of a center for independent living
chosen by the directors of centers for independent living
within the State;
(B) as ex officio, nonvoting members -
(i) a representative from the designated State unit; and
(ii) representatives from other State agencies that provide
services for individuals with disabilities; and

(C) in a State in which one or more projects are carried out
under section 741 of this title, at least one representative of
the directors of the projects.
(3) Additional members
The Council may include -
(A) other representatives from centers for independent
living;
(B) parents and guardians of individuals with disabilities;
(C) advocates of and for individuals with disabilities;
(D) representatives from private businesses;
(E) representatives from organizations that provide services
for individuals with disabilities; and
(F) other appropriate individuals.
(4) Qualifications
(A) In general
The Council shall be composed of members -
(i) who provide statewide representation;
(ii) who represent a broad range of individuals with
disabilities from diverse backgrounds;
(iii) who are knowledgeable about centers for independent
living and independent living services; and
(iv) a majority of whom are persons who are -
(I) individuals with disabilities described in section
705(20)(B) of this title; and
(II) not employed by any State agency or center for
independent living.
(B) Voting members
A majority of the voting members of the Council shall be -
(i) individuals with disabilities described in section
705(20)(B) of this title; and
(ii) not employed by any State agency or center for
independent living.
(5) Chairperson
(A) In general
Except as provided in subparagraph (B), the Council shall
select a chairperson from among the voting membership of the
Council.
(B) Designation by chief executive officer
In States in which the Governor does not have veto power
pursuant to State law, the appointing authority described in
paragraph (3) shall designate a voting member of the Council to
serve as the chairperson of the Council or shall require the
Council to so designate such a voting member.
(6) Terms of appointment
(A) Length of term
Each member of the Council shall serve for a term of 3 years,
except that -
(i) a member appointed to fill a vacancy occurring prior to
the expiration of the term for which a predecessor was
appointed, shall be appointed for the remainder of such term;
and
(ii) the terms of service of the members initially
appointed shall be (as specified by the appointing authority
described in paragraph (3)) for such fewer number of years as
will provide for the expiration of terms on a staggered
basis.
(B) Number of terms
No member of the Council may serve more than two consecutive
full terms.
(7) Vacancies
(A) In general
Except as provided in subparagraph (B), any vacancy occurring
in the membership of the Council shall be filled in the same
manner as the original appointment. The vacancy shall not
affect the power of the remaining members to execute the duties
of the Council.
(B) Delegation
The appointing authority described in paragraph (3) may
delegate the authority to fill such a vacancy to the remaining
voting members of the Council after making the original
appointment.
(c) Duties
The Council shall -
(1) jointly develop and sign (in conjunction with the
designated State unit) the State plan required in section 796c of
this title;
(2) monitor, review, and evaluate the implementation of the
State plan;
(3) coordinate activities with the State Rehabilitation Council
established under section 725 of this title, if the State has
such a Council, or the commission described in section
721(a)(21)(A) of this title, if the State has such a commission,
and councils that address the needs of specific disability
populations and issues under other Federal law;
(4) ensure that all regularly scheduled meetings of the
Statewide Independent Living Council are open to the public and
sufficient advance notice is provided; and
(5) submit to the Commissioner such periodic reports as the
Commissioner may reasonably request, and keep such records, and
afford such access to such records, as the Commissioner finds
necessary to verify such reports.
(d) Hearings and forums
The Council is authorized to hold such hearings and forums as the
Council may determine to be necessary to carry out the duties of
the Council.
(e) Plan
(1) In general
The Council shall prepare, in conjunction with the designated
State unit, a plan for the provision of such resources, including
such staff and personnel, as may be necessary and sufficient to
carry out the functions of the Council under this section, with
funds made available under this part, and under section 730 of
this title (consistent with section 721(a)(18) of this title),
and from other public and private sources. The resource plan
shall, to the maximum extent possible, rely on the use of
resources in existence during the period of implementation of the
plan.
(2) Supervision and evaluation
Each Council shall, consistent with State law, supervise and
evaluate such staff and other personnel as may be necessary to
carry out the functions of the Council under this section.
(3) Conflict of interest
While assisting the Council in carrying out its duties, staff
and other personnel shall not be assigned duties by the
designated State agency or any other agency or office of the
State, that would create a conflict of interest.
(f) Compensation and expenses
The Council may use such resources to reimburse members of the
Council for reasonable and necessary expenses of attending Council
meetings and performing Council duties (including child care and
personal assistance services), and to pay compensation to a member
of the Council, if such member is not employed or must forfeit
wages from other employment, for each day the member is engaged in
performing Council duties.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 705, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1220; amended Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(c)(7)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-416.)

-MISC1-
PRIOR PROVISIONS
A prior section 796d, Pub. L. 93-112, title VII, Sec. 705, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4446; amended Pub. L. 103-73, title I, Sec. 114(c), Aug. 11,
1993, 107 Stat. 728, related to Statewide Independent Living
Councils, prior to the general amendment of this subchapter by Pub.
L. 105-220.
Another prior section 796d, Pub. L. 93-112, title VII, Sec. 705,
as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 2997; amended Pub. L. 99-506, title I, Sec. 103(d)(2)(B),
(C), (h)(2), title VIII, Sec. 802, title X, Sec. 1001(g)(3), Oct.
21, 1986, 100 Stat. 1810, 1811, 1837, 1843; Pub. L. 100-630, title
II, Sec. 208(d), Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102-119,
Sec. 26(e), Oct. 7, 1991, 105 Stat. 607, related to State plans for
providing comprehensive services for independent living, prior to
repeal by Pub. L. 102-569, Sec. 701(1).

AMENDMENTS
1998 - Subsec. (b)(1). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 402(c)(7)(A)], in first sentence, substituted "by the Governor
or, in the case of a State that, under State law, vests authority
for the administration of the activities carried out under this
chapter in an entity other than the Governor (such as one or more
houses of the State legislature or an independent board), the chief
officer of that entity" for "by the Governor" and, in second
sentence, substituted "The appointing authority" for "The
Governor".
Subsec. (b)(5)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
402(c)(7)(B)], substituted "chief executive officer" for "Governor"
in heading and "appointing authority described in paragraph (3)
shall" for "Governor shall" in text.
Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105-277, Sec. 101(f)
[title VIII, Sec. 402(c)(7)(C)], substituted "appointing authority
described in paragraph (3)" for "Governor".

-End-

-CITE-
29 USC Sec. 796d-1 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 1 - general provisions

-HEAD-
Sec. 796d-1. Responsibilities of Commissioner

-STATUTE-
(a) Approval of State plans
(1) In general
The Commissioner shall approve any State plan submitted under
section 796c of this title that the Commissioner determines meets
the requirements of section 796c of this title, and shall
disapprove any such plan that does not meet such requirements, as
soon as practicable after receiving the plan. Prior to such
disapproval, the Commissioner shall notify the State of the
intention to disapprove the plan, and shall afford such State
reasonable notice and opportunity for a hearing.
(2) Procedures
(A) In general
Except as provided in subparagraph (B), the provisions of
subsections (c) and (d) of section 727 of this title shall
apply to any State plan submitted to the Commissioner under
section 796c of this title.
(B) Application
For purposes of the application described in subparagraph
(A), all references in such provisions -
(i) to the Secretary shall be deemed to be references to
the Commissioner; and
(ii) to section 721 of this title shall be deemed to be
references to section 796c of this title.
(b) Indicators
Not later than October 1, 1993, the Commissioner shall develop
and publish in the Federal Register indicators of minimum
compliance consistent with the standards set forth in section 796f-
4 of this title.
(c) Onsite compliance reviews
(1) Reviews
The Commissioner shall annually conduct onsite compliance
reviews of at least 15 percent of the centers for independent
living that receive funds under section 796f-1 of this title and
shall periodically conduct such a review of each such center. The
Commissioner shall annually conduct onsite compliance reviews of
at least one-third of the designated State units that receive
funding under section 796f-2 of this title, and, to the extent
necessary to determine the compliance of such a State unit with
subsections (f) and (g) of section 796f-2 of this title, centers
that receive funding under section 796f-2 of this title in such
State. The Commissioner shall select the centers and State units
described in this paragraph for review on a random basis.
(2) Qualifications of employees conducting reviews
The Commissioner shall -
(A) to the maximum extent practicable, carry out such a
review by using employees of the Department who are
knowledgeable about the provision of independent living
services;
(B) ensure that the employee of the Department with
responsibility for supervising such a review shall have such
knowledge; and
(C) ensure that at least one member of a team conducting such
a review shall be an individual who -
(i) is not a government employee; and
(ii) has experience in the operation of centers for
independent living.
(d) Reports
The Commissioner shall include, in the annual report required
under section 710 of this title, information on the extent to which
centers for independent living receiving funds under subpart 3 have
complied with the standards and assurances set forth in section
796f-4 of this title. The Commissioner may identify individual
centers for independent living in the analysis. The Commissioner
shall report the results of onsite compliance reviews, identifying
individual centers for independent living and other recipients of
assistance under this part.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 706, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1223.)

-MISC1-
PRIOR PROVISIONS
A prior section 796d-1, Pub. L. 93-112, title VII, Sec. 706, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4448; amended Pub. L. 103-73, title I, Sec. 114(d), Aug. 11,
1993, 107 Stat. 729, related to responsibilities of Commissioner,
prior to the general amendment of this subchapter by Pub. L. 105-
220.
Another prior section 796d-1, Pub. L. 93-112, title VII, Sec.
706, as added Pub. L. 99-506, title VIII, Sec. 803(a), Oct. 21,
1986, 100 Stat. 1837; amended Pub. L. 100-630, title II, Sec.
208(e), Nov. 7, 1988, 102 Stat. 3314, provided for a State
Independent Living Council, prior to repeal by Pub. L. 102-569,
Sec. 701(1).

-End-

-CITE-
29 USC subpart 2 - independent living services 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 2 - independent living services

-HEAD-
SUBPART 2 - INDEPENDENT LIVING SERVICES

-End-

-CITE-
29 USC Sec. 796e 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 2 - independent living services

-HEAD-
Sec. 796e. Allotments

-STATUTE-
(a) In general
(1) States
(A) Population basis
Except as provided in subparagraphs (B) and (C), from sums
appropriated for each fiscal year to carry out this subpart,
the Commissioner shall make an allotment to each State whose
State plan has been approved under section 796d-1 of this title
of an amount bearing the same ratio to such sums as the
population of the State bears to the population of all States.
(B) Maintenance of 1992 amounts
Subject to the availability of appropriations to carry out
this subpart, the amount of any allotment made under
subparagraph (A) to a State for a fiscal year shall not be less
than the amount of an allotment made to the State for fiscal
year 1992 under part A of this subchapter, as in effect on the
day before October 29, 1992.
(C) Minimums
Subject to the availability of appropriations to carry out
this subpart, and except as provided in subparagraph (B), the
allotment to any State under subparagraph (A) shall be not less
than $275,000 or 1/3 of 1 percent of the sums made available
for the fiscal year for which the allotment is made, whichever
is greater, and the allotment of any State under this section
for any fiscal year that is less than $275,000 or 1/3 of 1
percent of such sums shall be increased to the greater of the
two amounts.
(2) Certain territories
(A) In general
For the purposes of paragraph (1)(C), Guam, American Samoa,
the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands shall not be considered to be States.
(B) Allotment
Each jurisdiction described in subparagraph (A) shall be
allotted under paragraph (1)(A) not less than 1/8 of 1
percent of the amounts made available for purposes of this
subpart for the fiscal year for which the allotment is made.
(3) Adjustment for inflation
For any fiscal year, beginning in fiscal year 1999, in which
the total amount appropriated to carry out this subpart exceeds
the total amount appropriated to carry out this subpart for the
preceding fiscal year, the Commissioner shall increase the
minimum allotment under paragraph (1)(C) by a percentage that
shall not exceed the percentage increase in the total amount
appropriated to carry out this subpart between the preceding
fiscal year and the fiscal year involved.
(b) Proportional reduction
To provide allotments to States in accordance with subsection
(a)(1)(B) of this section, to provide minimum allotments to States
(as increased under subsection (a)(3) of this section) under
subsection (a)(1)(C) of this section, or to provide minimum
allotments to States under subsection (a)(2)(B) of this section,
the Commissioner shall proportionately reduce the allotments of the
remaining States under subsection (a)(1)(A) of this section, with
such adjustments as may be necessary to prevent the allotment of
any such remaining State from being reduced to less than the amount
required by subsection (a)(1)(B) of this section.
(c) Reallotment
Whenever the Commissioner determines that any amount of an
allotment to a State for any fiscal year will not be expended by
such State in carrying out the provisions of this subpart, the
Commissioner shall make such amount available for carrying out the
provisions of this subpart to one or more of the States that the
Commissioner determines will be able to use additional amounts
during such year for carrying out such provisions. Any amount made
available to a State for any fiscal year pursuant to the preceding
sentence shall, for the purposes of this section, be regarded as an
increase in the allotment of the State (as determined under the
preceding provisions of this section) for such year.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 711, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1224.)

-REFTEXT-
REFERENCES IN TEXT
Part A of this subchapter, as in effect on the day before October
29, 1992, referred to in subsec. (a)(1)(B), means former part A
(Sec. 796 et seq.) which was included in the repeal of subchapter
VII of this chapter by Pub. L. 102-569, title VII, Sec. 701(1),
Oct. 29, 1992, 106 Stat. 4443.

-MISC1-
PRIOR PROVISIONS
A prior section 796e, Pub. L. 93-112, title VII, Sec. 711, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4450; amended Pub. L. 103-73, title I, Sec. 114(e), Aug. 11,
1993, 107 Stat. 729, related to allotments to provide independent
living services, prior to the general amendment of this subchapter
by Pub. L. 105-220.
Another prior section 796e, Pub. L. 93-112, title VII, Sec. 711,
as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 2998; amended Pub. L. 98-221, title I, Sec. 171, Feb. 22,
1984, 98 Stat. 30; Pub. L. 99-506, title I, Sec. 103(d)(2)(C),
title VIII, Secs. 804(a)(1), (b), (c), 805, Oct. 21, 1986, 100
Stat. 1810, 1838, 1839; Pub. L. 100-630, title II, Sec. 208(f),
Nov. 7, 1988, 102 Stat. 3314, related to establishment and
operation of independent living centers, prior to repeal by Pub. L.
102-569, Sec. 701(1).

-End-

-CITE-
29 USC Sec. 796e-1 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 2 - independent living services

-HEAD-
Sec. 796e-1. Payments to States from allotments

-STATUTE-
(a) Payments
From the allotment of each State for a fiscal year under section
796e of this title, the State shall be paid the Federal share of
the expenditures incurred during such year under its State plan
approved under section 796d-1 of this title. Such payments may be
made (after necessary adjustments on account of previously made
overpayments or underpayments) in advance or by way of
reimbursement, and in such installments and on such conditions as
the Commissioner may determine.
(b) Federal share
(1) In general
The Federal share with respect to any State for any fiscal year
shall be 90 percent of the expenditures incurred by the State
during such year under its State plan approved under section 796d-
1 of this title.
(2) Non-Federal share
The non-Federal share of the cost of any project that receives
assistance through an allotment under this subpart may be
provided in cash or in kind, fairly evaluated, including plant,
equipment, or services.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 712, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1225.)

-MISC1-
PRIOR PROVISIONS
A prior section 796e-1, Pub. L. 93-112, title VII, Sec. 712, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4451; amended Pub. L. 103-73, title I, Sec. 114(f), Aug. 11,
1993, 107 Stat. 730, related to payments to States from allotments,
prior to the general amendment of this subchapter by Pub. L. 105-
220.

-End-

-CITE-
29 USC Sec. 796e-2 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 2 - independent living services

-HEAD-
Sec. 796e-2. Authorized uses of funds

-STATUTE-
The State may use funds received under this subpart to provide
the resources described in section 796d(e) of this title, relating
to the Statewide Independent Living Council, and may use funds
received under this subpart -
(1) to provide independent living services to individuals with
significant disabilities;
(2) to demonstrate ways to expand and improve independent
living services;
(3) to support the operation of centers for independent living
that are in compliance with the standards and assurances set
forth in subsections (b) and (c) of section 796f-4 of this title;
(4) to support activities to increase the capacities of public
or nonprofit agencies and organizations and other entities to
develop comprehensive approaches or systems for providing
independent living services;
(5) to conduct studies and analyses, gather information,
develop model policies and procedures, and present information,
approaches, strategies, findings, conclusions, and
recommendations to Federal, State, and local policymakers in
order to enhance independent living services for individuals with
disabilities;
(6) to train individuals with disabilities and individuals
providing services to individuals with disabilities and other
persons regarding the independent living philosophy; and
(7) to provide outreach to populations that are unserved or
underserved by programs under this subchapter, including minority
groups and urban and rural populations.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 713, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1226.)

-MISC1-
PRIOR PROVISIONS
A prior section 796e-2, Pub. L. 93-112, title VII, Sec. 713, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4451; amended Pub. L. 103-73, title I, Sec. 114(g), Aug. 11,
1993, 107 Stat. 730, related to authorized uses of funds, prior to
the general amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 796e-3 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 2 - independent living services

-HEAD-
Sec. 796e-3. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for each of the fiscal years 1999
through 2003.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 714, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1226.)

-MISC1-
PRIOR PROVISIONS
A prior section 796e-3, Pub. L. 93-112, title VII, Sec. 714, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4452, authorized appropriations, prior to the general
amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC subpart 3 - centers for independent living 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 3 - centers for independent living

-HEAD-
SUBPART 3 - CENTERS FOR INDEPENDENT LIVING

-End-

-CITE-
29 USC Sec. 796f 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 3 - centers for independent living

-HEAD-
Sec. 796f. Program authorization

-STATUTE-
(a) In general
From the funds appropriated for fiscal year 1999 and for each
subsequent fiscal year to carry out this subpart, the Commissioner
shall allot such sums as may be necessary to States and other
entities in accordance with subsections (b) through (d) of this
section.
(b) Training
(1) Grants; contracts; other arrangements
For any fiscal year in which the funds appropriated to carry
out this subpart exceed the funds appropriated to carry out this
subpart for fiscal year 1993, the Commissioner shall first
reserve from such excess, to provide training and technical
assistance to eligible agencies, centers for independent living,
and Statewide Independent Living Councils for such fiscal year,
not less than 1.8 percent, and not more than 2 percent, of the
funds appropriated to carry out this subpart for the fiscal year
involved.
(2) Allocation
From the funds reserved under paragraph (1), the Commissioner
shall make grants to, and enter into contracts and other
arrangements with, entities that have experience in the operation
of centers for independent living to provide such training and
technical assistance with respect to planning, developing,
conducting, administering, and evaluating centers for independent
living.
(3) Funding priorities
The Commissioner shall conduct a survey of Statewide
Independent Living Councils and centers for independent living
regarding training and technical assistance needs in order to
determine funding priorities for such grants, contracts, and
other arrangements.
(4) Review
To be eligible to receive a grant or enter into a contract or
other arrangement under this subsection, such an entity shall
submit an application to the Commissioner at such time, in such
manner, and containing a proposal to provide such training and
technical assistance, and containing such additional information
as the Commissioner may require. The Commissioner shall provide
for peer review of grant applications by panels that include
persons who are not government employees and who have experience
in the operation of centers for independent living.
(5) Prohibition on combined funds
No funds reserved by the Commissioner under this subsection may
be combined with funds appropriated under any other Act or part
of this chapter if the purpose of combining funds is to make a
single discretionary grant or a single discretionary payment,
unless such funds appropriated under this part are separately
identified in such grant or payment and are used for the purposes
of this part.
(c) In general
(1) States
(A) Population basis
After the reservation required by subsection (b) of this
section has been made, and except as provided in subparagraphs
(B) and (C), from the remainder of the amounts appropriated for
each such fiscal year to carry out this subpart, the
Commissioner shall make an allotment to each State whose State
plan has been approved under section 796d-1 of this title of an
amount bearing the same ratio to such remainder as the
population of the State bears to the population of all States.
(B) Maintenance of 1992 amounts
Subject to the availability of appropriations to carry out
this subpart, the amount of any allotment made under
subparagraph (A) to a State for a fiscal year shall not be less
than the amount of financial assistance received by centers for
independent living in the State for fiscal year 1992 under part
B of this subchapter, as in effect on the day before October
29, 1992.
(C) Minimums
Subject to the availability of appropriations to carry out
this subpart and except as provided in subparagraph (B), for a
fiscal year in which the amounts appropriated to carry out this
subpart exceed the amounts appropriated for fiscal year 1992 to
carry out part B of this subchapter, as in effect on the day
before October 29, 1992 -
(i) if such excess is not less than $8,000,000, the
allotment to any State under subparagraph (A) shall be not
less than $450,000 or 1/3 of 1 percent of the sums made
available for the fiscal year for which the allotment is
made, whichever is greater, and the allotment of any State
under this section for any fiscal year that is less than
$450,000 or 1/3 of 1 percent of such sums shall be
increased to the greater of the 2 amounts;
(ii) if such excess is not less than $4,000,000 and is less
than $8,000,000, the allotment to any State under
subparagraph (A) shall be not less than $400,000 or 1/3 of
1 percent of the sums made available for the fiscal year for
which the allotment is made, whichever is greater, and the
allotment of any State under this section for any fiscal year
that is less than $400,000 or 1/3 of 1 percent of such sums
shall be increased to the greater of the 2 amounts; and
(iii) if such excess is less than $4,000,000, the allotment
to any State under subparagraph (A) shall approach, as nearly
as possible, the greater of the 2 amounts described in clause
(ii).
(2) Certain territories
(A) In general
For the purposes of paragraph (1)(C), Guam, American Samoa,
the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands shall not be considered to be States.
(B) Allotment
Each jurisdiction described in subparagraph (A) shall be
allotted under paragraph (1)(A) not less than 1/8 of 1
percent of the remainder for the fiscal year for which the
allotment is made.
(3) Adjustment for inflation
For any fiscal year, beginning in fiscal year 1999, in which
the total amount appropriated to carry out this subpart exceeds
the total amount appropriated to carry out this subpart for the
preceding fiscal year, the Commissioner shall increase the
minimum allotment under paragraph (1)(C) by a percentage that
shall not exceed the percentage increase in the total amount
appropriated to carry out this subpart between the preceding
fiscal year and the fiscal year involved.
(4) Proportional reduction
To provide allotments to States in accordance with paragraph
(1)(B), to provide minimum allotments to States (as increased
under paragraph (3)) under paragraph (1)(C), or to provide
minimum allotments to States under paragraph (2)(B), the
Commissioner shall proportionately reduce the allotments of the
remaining States under paragraph (1)(A), with such adjustments as
may be necessary to prevent the allotment of any such remaining
State from being reduced to less than the amount required by
paragraph (1)(B).
(d) Reallotment
Whenever the Commissioner determines that any amount of an
allotment to a State for any fiscal year will not be expended by
such State for carrying out the provisions of this subpart, the
Commissioner shall make such amount available for carrying out the
provisions of this subpart to one or more of the States that the
Commissioner determines will be able to use additional amounts
during such year for carrying out such provisions. Any amount made
available to a State for any fiscal year pursuant to the preceding
sentence shall, for the purposes of this section, be regarded as an
increase in the allotment of the State (as determined under the
preceding provisions of this section) for such year.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 721, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1226.)

-REFTEXT-
REFERENCES IN TEXT
Part B of this subchapter, as in effect on the day before October
29, 1992, referred to in subsec. (c)(1)(B), (C), means former part
B (Sec. 796e) which was included in the repeal of subchapter VII of
this chapter by Pub. L. 102-569, title VII, Sec. 701(1), Oct. 29,
1992, 106 Stat. 4443.

-MISC1-
PRIOR PROVISIONS
A prior section 796f, Pub. L. 93-112, title VII, Sec. 721, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4452; amended Pub. L. 103-73, title I, Sec. 114(h), Aug. 11,
1993, 107 Stat. 730, authorized program to assist centers for
independent living, prior to the general amendment of this
subchapter by Pub. L. 105-220.
Another prior section 796f, Pub. L. 93-112, title VII, Sec. 721,
as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 2999; amended Pub. L. 99-506, title X, Sec. 1001(g)(4), Oct.
21, 1986, 100 Stat. 1843; Pub. L. 100-630, title II, Sec. 208(g),
Nov. 7, 1988, 102 Stat. 3314, related to establishment of
independent living service programs for older blind individuals,
prior to repeal by Pub. L. 102-569, Sec. 701(1).

-End-

-CITE-
29 USC Sec. 796f-1 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 3 - centers for independent living

-HEAD-
Sec. 796f-1. Grants to centers for independent living in States in
which Federal funding exceeds State funding

-STATUTE-
(a) Establishment
(1) In general
Unless the director of a designated State unit awards grants
under section 796f-2 of this title to eligible agencies in a
State for a fiscal year, the Commissioner shall award grants
under this section to such eligible agencies for such fiscal year
from the amount of funds allotted to the State under subsection
(c) or (d) of section 796f of this title for such year.
(2) Grants
The Commissioner shall award such grants, from the amount of
funds so allotted, to such eligible agencies for the planning,
conduct, administration, and evaluation of centers for
independent living that comply with the standards and assurances
set forth in section 796f-4 of this title.
(b) Eligible agencies
In any State in which the Commissioner has approved the State
plan required by section 796c of this title, the Commissioner may
make a grant under this section to any eligible agency that -
(1) has the power and authority to carry out the purpose of
this subpart and perform the functions set forth in section 796f-
4 of this title within a community and to receive and administer
funds under this subpart, funds and contributions from private or
public sources that may be used in support of a center for
independent living, and funds from other public and private
programs;
(2) is determined by the Commissioner to be able to plan,
conduct, administer, and evaluate a center for independent living
consistent with the standards and assurances set forth in section
796f-4 of this title; and
(3) submits an application to the Commissioner at such time, in
such manner, and containing such information as the Commissioner
may require.
(c) Existing eligible agencies
In the administration of the provisions of this section, the
Commissioner shall award grants to any eligible agency that has
been awarded a grant under this subpart by September 30, 1997,
unless the Commissioner makes a finding that the agency involved
fails to meet program and fiscal standards and assurances set forth
in section 796f-4 of this title.
(d) New centers for independent living
(1) In general
If there is no center for independent living serving a region
of the State or a region is underserved, and the increase in the
allotment of the State is sufficient to support an additional
center for independent living in the State, the Commissioner may
award a grant under this section to the most qualified applicant
proposing to serve such region, consistent with the provisions in
the State plan setting forth the design of the State for
establishing a statewide network of centers for independent
living.
(2) Selection
In selecting from among applicants for a grant under this
section for a new center for independent living, the Commissioner
-
(A) shall consider comments regarding the application, if
any, by the Statewide Independent Living Council in the State
in which the applicant is located;
(B) shall consider the ability of each such applicant to
operate a center for independent living based on -
(i) evidence of the need for such a center;
(ii) any past performance of such applicant in providing
services comparable to independent living services;
(iii) the plan for satisfying or demonstrated success in
satisfying the standards and the assurances set forth in
section 796f-4 of this title;
(iv) the quality of key personnel and the involvement of
individuals with significant disabilities;
(v) budgets and cost-effectiveness;
(vi) an evaluation plan; and
(vii) the ability of such applicant to carry out the plans;
and

(C) shall give priority to applications from applicants
proposing to serve geographic areas within each State that are
currently unserved or underserved by independent living
programs, consistent with the provisions of the State plan
submitted under section 796c of this title regarding
establishment of a statewide network of centers for independent
living.
(3) Current centers
Notwithstanding paragraphs (1) and (2), a center for
independent living that receives assistance under subpart 2 for a
fiscal year shall be eligible for a grant for the subsequent
fiscal year under this subsection.
(e) Order of priorities
The Commissioner shall be guided by the following order of
priorities in allocating funds among centers for independent living
within a State, to the extent funds are available:
(1) The Commissioner shall support existing centers for
independent living, as described in subsection (c) of this
section, that comply with the standards and assurances set forth
in section 796f-4 of this title, at the level of funding for the
previous year.
(2) The Commissioner shall provide for a cost-of-living
increase for such existing centers for independent living.
(3) The Commissioner shall fund new centers for independent
living, as described in subsection (d) of this section, that
comply with the standards and assurances set forth in section
796f-4 of this title.
(f) Nonresidential agencies
A center that provides or manages residential housing after
October 1, 1994, shall not be considered to be an eligible agency
under this section.
(g) Review
(1) In general
The Commissioner shall periodically review each center
receiving funds under this section to determine whether such
center is in compliance with the standards and assurances set
forth in section 796f-4 of this title. If the Commissioner
determines that any center receiving funds under this section is
not in compliance with the standards and assurances set forth in
section 796f-4 of this title, the Commissioner shall immediately
notify such center that it is out of compliance.
(2) Enforcement
The Commissioner shall terminate all funds under this section
to such center 90 days after the date of such notification unless
the center submits a plan to achieve compliance within 90 days of
such notification and such plan is approved by the Commissioner.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 722, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1229.)

-REFTEXT-
REFERENCES IN TEXT
This subpart, referred to in subsec. (c), means subpart 3 (Sec.
796f et seq.) of part A of this subchapter, prior to the general
amendment of this subchapter by Pub. L. 105-220, title IV, Sec.
410, Aug. 7, 1998, 112 Stat. 1217.

-MISC1-
PRIOR PROVISIONS
A prior section 796f-1, Pub. L. 93-112, title VII, Sec. 722, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4456; amended Pub. L. 103-73, title I, Sec. 114(i), Aug. 11,
1993, 107 Stat. 731, related to grants to centers for independent
living in States in which Federal funding exceeds State funding,
prior to the general amendment of this subchapter by Pub. L. 105-
220.

-End-

-CITE-
29 USC Sec. 796f-2 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 3 - centers for independent living

-HEAD-
Sec. 796f-2. Grants to centers for independent living in States in
which State funding equals or exceeds Federal funding

-STATUTE-
(a) Establishment
(1) In general
(A) Initial year
(i) Determination
The director of a designated State unit, as provided in
paragraph (2), or the Commissioner, as provided in paragraph
(3), shall award grants under this section for an initial
fiscal year if the Commissioner determines that the amount of
State funds that were earmarked by a State for a preceding
fiscal year to support the general operation of centers for
independent living meeting the requirements of this subpart
equaled or exceeded the amount of funds allotted to the State
under subsection (c) or (d) of section 796f of this title for
such year.
(ii) Grants
The director or the Commissioner, as appropriate, shall
award such grants, from the amount of funds so allotted for
the initial fiscal year, to eligible agencies in the State
for the planning, conduct, administration, and evaluation of
centers for independent living that comply with the standards
and assurances set forth in section 796f-4 of this title.
(iii) Regulation
The Commissioner shall by regulation specify the preceding
fiscal year with respect to which the Commissioner will make
the determinations described in clause (i) and subparagraph
(B), making such adjustments as may be necessary to
accommodate State funding cycles such as 2-year funding
cycles or State fiscal years that do not coincide with the
Federal fiscal year.
(B) Subsequent years
For each year subsequent to the initial fiscal year described
in subparagraph (A), the director of the designated State unit
shall continue to have the authority to award such grants under
this section if the Commissioner determines that the State
continues to earmark the amount of State funds described in
subparagraph (A)(i). If the State does not continue to earmark
such an amount for a fiscal year, the State shall be ineligible
to make grants under this section after a final year following
such fiscal year, as defined in accordance with regulations
established by the Commissioner, and for each subsequent fiscal
year.
(2) Grants by designated State units
In order for the designated State unit to be eligible to award
the grants described in paragraph (1) and carry out this section
for a fiscal year with respect to a State, the designated State
agency shall submit an application to the Commissioner at such
time, and in such manner as the Commissioner may require,
including information about the amount of State funds described
in paragraph (1) for the preceding fiscal year. If the
Commissioner makes a determination described in subparagraph
(A)(i) or (B), as appropriate, of paragraph (1), the Commissioner
shall approve the application and designate the director of the
designated State unit to award the grant and carry out this
section.
(3) Grants by Commissioner
If the designated State agency of a State described in
paragraph (1) does not submit and obtain approval of an
application under paragraph (2), the Commissioner shall award the
grant described in paragraph (1) to eligible agencies in the
State in accordance with section 796f-1 of this title.
(b) Eligible agencies
In any State in which the Commissioner has approved the State
plan required by section 796c of this title, the director of the
designated State unit may award a grant under this section to any
eligible agency that -
(1) has the power and authority to carry out the purpose of
this subpart and perform the functions set forth in section 796f-
4 of this title within a community and to receive and administer
funds under this subpart, funds and contributions from private or
public sources that may be used in support of a center for
independent living, and funds from other public and private
programs;
(2) is determined by the director to be able to plan, conduct,
administer, and evaluate a center for independent living,
consistent with the standards and assurances set forth in section
796f-4 of this title; and
(3) submits an application to the director at such time, in
such manner, and containing such information as the head of the
designated State unit may require.
(c) Existing eligible agencies
In the administration of the provisions of this section, the
director of the designated State unit shall award grants under this
section to any eligible agency that has been awarded a grant under
this subpart by September 30, 1997, unless the director makes a
finding that the agency involved fails to comply with the standards
and assurances set forth in section 796f-4 of this title.
(d) New centers for independent living
(1) In general
If there is no center for independent living serving a region
of the State or the region is unserved or underserved, and the
increase in the allotment of the State is sufficient to support
an additional center for independent living in the State, the
director of the designated State unit may award a grant under
this section from among eligible agencies, consistent with the
provisions of the State plan under section 796c of this title
setting forth the design of the State for establishing a
statewide network of centers for independent living.
(2) Selection
In selecting from among eligible agencies in awarding a grant
under this subpart for a new center for independent living -
(A) the director of the designated State unit and the
chairperson of, or other individual designated by, the
Statewide Independent Living Council acting on behalf of and at
the direction of the Council, shall jointly appoint a peer
review committee that shall rank applications in accordance
with the standards and assurances set forth in section 796f-4
of this title and criteria jointly established by such director
and such chairperson or individual;
(B) the peer review committee shall consider the ability of
each such applicant to operate a center for independent living,
and shall recommend an applicant to receive a grant under this
section, based on -
(i) evidence of the need for a center for independent
living, consistent with the State plan;
(ii) any past performance of such applicant in providing
services comparable to independent living services;
(iii) the plan for complying with, or demonstrated success
in complying with, the standards and the assurances set forth
in section 796f-4 of this title;
(iv) the quality of key personnel of the applicant and the
involvement of individuals with significant disabilities by
the applicant;
(v) the budgets and cost-effectiveness of the applicant;
(vi) the evaluation plan of the applicant; and
(vii) the ability of such applicant to carry out the plans;
and

(C) the director of the designated State unit shall award the
grant on the basis of the recommendations of the peer review
committee if the actions of the committee are consistent with
Federal and State law.
(3) Current centers
Notwithstanding paragraphs (1) and (2), a center for
independent living that receives assistance under subpart 2 for a
fiscal year shall be eligible for a grant for the subsequent
fiscal year under this subsection.
(e) Order of priorities
Unless the director of the designated State unit and the
chairperson of the Council or other individual designated by the
Council acting on behalf of and at the direction of the Council
jointly agree on another order of priority, the director shall be
guided by the following order of priorities in allocating funds
among centers for independent living within a State, to the extent
funds are available:
(1) The director of the designated State unit shall support
existing centers for independent living, as described in
subsection (c) of this section, that comply with the standards
and assurances set forth in section 796f-4 of this title, at the
level of funding for the previous year.
(2) The director of the designated State unit shall provide for
a cost-of-living increase for such existing centers for
independent living.
(3) The director of the designated State unit shall fund new
centers for independent living, as described in subsection (d) of
this section, that comply with the standards and assurances set
forth in section 796f-4 of this title.
(f) Nonresidential agencies
A center that provides or manages residential housing after
October 1, 1994, shall not be considered to be an eligible agency
under this section.
(g) Review
(1) In general
The director of the designated State unit shall periodically
review each center receiving funds under this section to
determine whether such center is in compliance with the standards
and assurances set forth in section 796f-4 of this title. If the
director of the designated State unit determines that any center
receiving funds under this section is not in compliance with the
standards and assurances set forth in section 796f-4 of this
title, the director of the designated State unit shall
immediately notify such center that it is out of compliance.
(2) Enforcement
The director of the designated State unit shall terminate all
funds under this section to such center 90 days after -
(A) the date of such notification; or
(B) in the case of a center that requests an appeal under
subsection (i) of this section, the date of any final decision
under subsection (i) of this section,

unless the center submits a plan to achieve compliance within 90
days and such plan is approved by the director, or if appealed,
by the Commissioner.
(h) Onsite compliance review
The director of the designated State unit shall annually conduct
onsite compliance reviews of at least 15 percent of the centers for
independent living that receive funding under this section in the
State. Each team that conducts onsite compliance review of centers
for independent living shall include at least one person who is not
an employee of the designated State agency, who has experience in
the operation of centers for independent living, and who is jointly
selected by the director of the designated State unit and the
chairperson of or other individual designated by the Council acting
on behalf of and at the direction of the Council. A copy of this
review shall be provided to the Commissioner.
(i) Adverse actions
If the director of the designated State unit proposes to take a
significant adverse action against a center for independent living,
the center may seek mediation and conciliation to be provided by an
individual or individuals who are free of conflicts of interest
identified by the chairperson of or other individual designated by
the Council. If the issue is not resolved through the mediation and
conciliation, the center may appeal the proposed adverse action to
the Commissioner for a final decision.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 723, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1231.)

-REFTEXT-
REFERENCES IN TEXT
This subpart, referred to in subsec. (c), means subpart 3 (Sec.
796f et seq.) of part A of this subchapter, prior to the general
amendment of this subchapter by Pub. L. 105-220, title IV, Sec.
410, Aug. 7, 1998, 112 Stat. 1217.

-MISC1-
PRIOR PROVISIONS
A prior section 796f-2, Pub. L. 93-112, title VII, Sec. 723, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4458; amended Pub. L. 103-73, title I, Sec. 114(j), Aug. 11,
1993, 107 Stat. 731, related to grants to centers for independent
living in States in which State funding equals or exceeds Federal
funding, prior to the general amendment of this subchapter by Pub.
L. 105-220.

-End-

-CITE-
29 USC Sec. 796f-3 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 3 - centers for independent living

-HEAD-
Sec. 796f-3. Centers operated by State agencies

-STATUTE-
A State that receives assistance for fiscal year 1993 with
respect to a center in accordance with subsection (a) of this
section (as in effect on the day before August 7, 1998) may
continue to receive assistance under this subpart for fiscal year
1994 or a succeeding fiscal year if, for such fiscal year -
(1) no nonprofit private agency -
(A) submits an acceptable application to operate a center for
independent living for the fiscal year before a date specified
by the Commissioner; and
(B) obtains approval of the application under section 796f-1
or 796f-2 of this title; or

(2) after funding all applications so submitted and approved,
the Commissioner determines that funds remain available to
provide such assistance.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 724, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1234.)

-MISC1-
PRIOR PROVISIONS
A prior section 796f-3, Pub. L. 93-112, title VII, Sec. 724, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4461; amended Pub. L. 103-73, title I, Sec. 114(k), Aug. 11,
1993, 107 Stat. 731, related to centers operated by State agencies,
prior to the general amendment of this subchapter by Pub. L. 105-
220.

-End-

-CITE-
29 USC Sec. 796f-4 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 3 - centers for independent living

-HEAD-
Sec. 796f-4. Standards and assurances for centers for independent
living

-STATUTE-
(a) In general
Each center for independent living that receives assistance under
this subpart shall comply with the standards set out in subsection
(b) of this section and provide and comply with the assurances set
out in subsection (c) of this section in order to ensure that all
programs and activities under this subpart are planned, conducted,
administered, and evaluated in a manner consistent with the
purposes of this part and the objective of providing assistance
effectively and efficiently.
(b) Standards
(1) Philosophy
The center shall promote and practice the independent living
philosophy of -
(A) consumer control of the center regarding decisionmaking,
service delivery, management, and establishment of the policy
and direction of the center;
(B) self-help and self-advocacy;
(C) development of peer relationships and peer role models;
and
(D) equal access of individuals with significant disabilities
to society and to all services, programs, activities,
resources, and facilities, whether public or private and
regardless of the funding source.
(2) Provision of services
The center shall provide services to individuals with a range
of significant disabilities. The center shall provide services on
a cross-disability basis (for individuals with all different
types of significant disabilities, including individuals with
significant disabilities who are members of populations that are
unserved or underserved by programs under this subchapter).
Eligibility for services at any center for independent living
shall be determined by the center, and shall not be based on the
presence of any one or more specific significant disabilities.
(3) Independent living goals
The center shall facilitate the development and achievement of
independent living goals selected by individuals with significant
disabilities who seek such assistance by the center.
(4) Community options
The center shall work to increase the availability and improve
the quality of community options for independent living in order
to facilitate the development and achievement of independent
living goals by individuals with significant disabilities.
(5) Independent living core services
The center shall provide independent living core services and,
as appropriate, a combination of any other independent living
services.
(6) Activities to increase community capacity
The center shall conduct activities to increase the capacity of
communities within the service area of the center to meet the
needs of individuals with significant disabilities.
(7) Resource development activities
The center shall conduct resource development activities to
obtain funding from sources other than this part.
(c) Assurances
The eligible agency shall provide at such time and in such manner
as the Commissioner may require, such satisfactory assurances as
the Commissioner may require, including satisfactory assurances
that -
(1) the applicant is an eligible agency;
(2) the center will be designed and operated within local
communities by individuals with disabilities, including an
assurance that the center will have a Board that is the principal
governing body of the center and a majority of which shall be
composed of individuals with significant disabilities;
(3) the applicant will comply with the standards set forth in
subsection (b) of this section;
(4) the applicant will establish clear priorities through
annual and 3-year program and financial planning objectives for
the center, including overall goals or a mission for the center,
a work plan for achieving the goals or mission, specific
objectives, service priorities, and types of services to be
provided, and a description that shall demonstrate how the
proposed activities of the applicant are consistent with the most
recent 3-year State plan under section 796c of this title;
(5) the applicant will use sound organizational and personnel
assignment practices, including taking affirmative action to
employ and advance in employment qualified individuals with
significant disabilities on the same terms and conditions
required with respect to the employment of individuals with
disabilities under section 793 of this title;
(6) the applicant will ensure that the majority of the staff,
and individuals in decisionmaking positions, of the applicant are
individuals with disabilities;
(7) the applicant will practice sound fiscal management;
(8) the applicant will conduct annual self-evaluations, prepare
an annual report, and maintain records adequate to measure
performance with respect to the standards, containing information
regarding, at a minimum -
(A) the extent to which the center is in compliance with the
standards;
(B) the number and types of individuals with significant
disabilities receiving services through the center;
(C) the types of services provided through the center and the
number of individuals with significant disabilities receiving
each type of service;
(D) the sources and amounts of funding for the operation of
the center;
(E) the number of individuals with significant disabilities
who are employed by, and the number who are in management and
decisionmaking positions in, the center; and
(F) a comparison, when appropriate, of the activities of the
center in prior years with the activities of the center in the
most recent year;

(9) individuals with significant disabilities who are seeking
or receiving services at the center will be notified by the
center of the existence of, the availability of, and how to
contact, the client assistance program;
(10) aggressive outreach regarding services provided through
the center will be conducted in an effort to reach populations of
individuals with significant disabilities that are unserved or
underserved by programs under this subchapter, especially
minority groups and urban and rural populations;
(11) staff at centers for independent living will receive
training on how to serve such unserved and underserved
populations, including minority groups and urban and rural
populations;
(12) the center will submit to the Statewide Independent Living
Council a copy of its approved grant application and the annual
report required under paragraph (8);
(13) the center will prepare and submit a report to the
designated State unit or the Commissioner, as the case may be, at
the end of each fiscal year that contains the information
described in paragraph (8) and information regarding the extent
to which the center is in compliance with the standards set forth
in subsection (b) of this section; and
(14) an independent living plan described in section 796c(e) of
this title will be developed unless the individual who would
receive services under the plan signs a waiver stating that such
a plan is unnecessary.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 725, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1234; amended Pub. L.
105-332, Sec. 5(c), Oct. 31, 1998, 112 Stat. 3127.)

-MISC1-
PRIOR PROVISIONS
A prior section 796f-4, Pub. L. 93-112, title VII, Sec. 725, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4462; amended Pub. L. 103-73, title I, Sec. 114(l), Aug. 11,
1993, 107 Stat. 731, related to standards and assurances for
centers for independent living, prior to the general amendment of
this subchapter by Pub. L. 105-220.

AMENDMENTS
1998 - Subsec. (c)(7). Pub. L. 105-332 substituted "management;"
for "management, including making arrangements for an annual
independent fiscal audit, notwithstanding section 7502(a)(2)(A) of
title 31;".

-End-

-CITE-
29 USC Sec. 796f-5 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 3 - centers for independent living

-HEAD-
Sec. 796f-5. "Eligible agency" defined

-STATUTE-
As used in this subpart, the term "eligible agency" means a
consumer-controlled, community-based, cross-disability,
nonresidential private nonprofit agency.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 726, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

-MISC1-
PRIOR PROVISIONS
A prior section 796f-5, Pub. L. 93-112, title VII, Sec. 726, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4464, defined "eligible agency", prior to the general
amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 796f-6 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part A - Individuals With Significant Disabilities
subpart 3 - centers for independent living

-HEAD-
Sec. 796f-6. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for each of the fiscal years 1999
through 2003.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 727, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

-MISC1-
PRIOR PROVISIONS
A prior section 796f-6, Pub. L. 93-112, title VII, Sec. 727, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4464, authorized appropriations, prior to the general
amendment of this subchapter by Pub. L. 105-220.
Prior sections 796g to 796i were repealed by Pub. L. 102-569,
title VII, Sec. 701(1), Oct. 29, 1992, 106 Stat. 4443.
Section 796g, Pub. L. 93-112, title VII, Sec. 731, as added Pub.
L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 3000;
amended Pub. L. 99-506, title I, Sec. 103(h)(2), Oct. 21, 1986, 100
Stat. 1811; Pub. L. 100-630, title II, Sec. 208(h), Nov. 7, 1988,
102 Stat. 3314, provided for grants to States to establish systems
to protect and advocate for rights of individuals with severe
handicaps.
Section 796h, Pub. L. 93-112, title VII, Sec. 732, as added Pub.
L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 3000;
amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986,
100 Stat. 1810, related to affirmative action on part of recipients
of assistance to employ and advance in employment qualified
individuals with handicaps.
Section 796i, Pub. L. 93-112, title VII, Sec. 741, formerly Sec.
731, as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 3001; renumbered Sec. 741 and amended Pub. L. 98-221, title
I, Sec. 172(a)(1), (b), Feb. 22, 1984, 98 Stat. 32; Pub. L. 99-506,
title VIII, Sec. 806, Oct. 21, 1986, 100 Stat. 1840; Pub. L. 100-
630, title II, Sec. 208(i), Nov. 7, 1988, 102 Stat. 3315; Pub. L.
102-52, Sec. 8, June 6, 1991, 105 Stat. 262, provided for
appropriations.

-End-

-CITE-
29 USC Part B - Independent Living Services for Older
Individuals Who Are Blind 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part B - Independent Living Services for Older Individuals Who Are
Blind

-HEAD-
PART B - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND

-End-

-CITE-
29 USC Sec. 796j 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part B - Independent Living Services for Older Individuals Who Are
Blind

-HEAD-
Sec. 796j. "Older individual who is blind" defined

-STATUTE-
For purposes of this part, the term "older individual who is
blind" means an individual age 55 or older whose significant visual
impairment makes competitive employment extremely difficult to
attain but for whom independent living goals are feasible.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 751, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

-MISC1-
PRIOR PROVISIONS
A prior section 796j, Pub. L. 93-112, title VII, Sec. 751, as
added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106
Stat. 4464, defined "older individual who is blind", prior to the
general amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 796k 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part B - Independent Living Services for Older Individuals Who Are
Blind

-HEAD-
Sec. 796k. Program of grants

-STATUTE-
(a) In general
(1) Authority for grants
Subject to subsections (b) and (c) of this section, the
Commissioner may make grants to States for the purpose of
providing the services described in subsection (d) of this
section to older individuals who are blind.
(2) Designated State agency
The Commissioner may not make a grant under this subsection
unless the State involved agrees that the grant will be
administered solely by the agency described in section
721(a)(2)(A)(i) of this title.
(b) Contingent competitive grants
Beginning with fiscal year 1993, in the case of any fiscal year
for which the amount appropriated under section 796l of this title
is less than $13,000,000, grants made under subsection (a) of this
section shall be -
(1) discretionary grants made on a competitive basis to States;
or
(2) grants made on a noncompetitive basis to pay for the
continuation costs of activities for which a grant was awarded -
(A) under this part; or
(B) under part C of this subchapter, as in effect on the day
before October 29, 1992.
(c) Contingent formula grants
(1) In general
In the case of any fiscal year for which the amount
appropriated under section 796l of this title is equal to or
greater than $13,000,000, grants under subsection (a) of this
section shall be made only to States and shall be made only from
allotments under paragraph (2).
(2) Allotments
For grants under subsection (a) of this section for a fiscal
year described in paragraph (1), the Commissioner shall make an
allotment to each State in an amount determined in accordance
with subsection (j) of this section, and shall make a grant to
the State of the allotment made for the State if the State
submits to the Commissioner an application in accordance with
subsection (i) of this section.
(d) Services generally
The Commissioner may not make a grant under subsection (a) of
this section unless the State involved agrees that the grant will
be expended only for purposes of -
(1) providing independent living services to older individuals
who are blind;
(2) conducting activities that will improve or expand services
for such individuals; and
(3) conducting activities to help improve public understanding
of the problems of such individuals.
(e) Independent living services
Independent living services for purposes of subsection (d)(1) of
this section include -
(1) services to help correct blindness, such as -
(A) outreach services;
(B) visual screening;
(C) surgical or therapeutic treatment to prevent, correct, or
modify disabling eye conditions; and
(D) hospitalization related to such services;

(2) the provision of eyeglasses and other visual aids;
(3) the provision of services and equipment to assist an older
individual who is blind to become more mobile and more self-
sufficient;
(4) mobility training, braille instruction, and other services
and equipment to help an older individual who is blind adjust to
blindness;
(5) guide services, reader services, and transportation;
(6) any other appropriate service designed to assist an older
individual who is blind in coping with daily living activities,
including supportive services and rehabilitation teaching
services;
(7) independent living skills training, information and
referral services, peer counseling, and individual advocacy
training; and
(8) other independent living services.
(f) Matching funds
(1) In general
The Commissioner may not make a grant under subsection (a) of
this section unless the State involved agrees, with respect to
the costs of the program to be carried out by the State pursuant
to such subsection, to make available (directly or through
donations from public or private entities) non-Federal
contributions toward such costs in an amount that is not less
than $1 for each $9 of Federal funds provided in the grant.
(2) Determination of amount contributed
Non-Federal contributions required in paragraph (1) may be in
cash or in kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of such
non-Federal contributions.
(g) Certain expenditures of grants
A State may expend a grant under subsection (a) of this section
to carry out the purposes specified in subsection (d) of this
section through grants to public and nonprofit private agencies or
organizations.
(h) Requirement regarding State plan
The Commissioner may not make a grant under subsection (a) of
this section unless the State involved agrees that, in carrying out
subsection (d)(1) of this section, the State will seek to
incorporate into the State plan under section 796c of this title
any new methods and approaches relating to independent living
services for older individuals who are blind.
(i) Application for grant
(1) In general
The Commissioner may not make a grant under subsection (a) of
this section unless an application for the grant is submitted to
the Commissioner and the application is in such form, is made in
such manner, and contains such agreements, assurances, and
information as the Commissioner determines to be necessary to
carry out this section (including agreements, assurances, and
information with respect to any grants under subsection (j)(4) of
this section).
(2) Contents
An application for a grant under this section shall contain -
(A) an assurance that the agency described in subsection
(a)(2) of this section will prepare and submit to the
Commissioner a report, at the end of each fiscal year, with
respect to each project or program the agency operates or
administers under this section, whether directly or through a
grant or contract, which report shall contain, at a minimum,
information on -
(i) the number and types of older individuals who are blind
and are receiving services;
(ii) the types of services provided and the number of older
individuals who are blind and are receiving each type of
service;
(iii) the sources and amounts of funding for the operation
of each project or program;
(iv) the amounts and percentages of resources committed to
each type of service provided;
(v) data on actions taken to employ, and advance in
employment, qualified individuals with significant
disabilities, including older individuals who are blind; and
(vi) a comparison, if appropriate, of prior year activities
with the activities of the most recent year;

(B) an assurance that the agency will -
(i) provide services that contribute to the maintenance of,
or the increased independence of, older individuals who are
blind; and
(ii) engage in -
(I) capacity-building activities, including collaboration
with other agencies and organizations;
(II) activities to promote community awareness,
involvement, and assistance; and
(III) outreach efforts; and

(C) an assurance that the application is consistent with the
State plan for providing independent living services required
by section 796c of this title.
(j) Amount of formula grant
(1) In general
Subject to the availability of appropriations, the amount of an
allotment under subsection (a) of this section for a State for a
fiscal year shall be the greater of -
(A) the amount determined under paragraph (2); or
(B) the amount determined under paragraph (3).
(2) Minimum allotment
(A) States
In the case of the several States, the District of Columbia,
and the Commonwealth of Puerto Rico, the amount referred to in
subparagraph (A) of paragraph (1) for a fiscal year is the
greater of -
(i) $225,000; or
(ii) an amount equal to 1/3 of 1 percent of the amount
appropriated under section 796l of this title for the fiscal
year and available for allotments under subsection (a) of
this section.
(B) Certain territories
In the case of Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands,
the amount referred to in subparagraph (A) of paragraph (1) for
a fiscal year is $40,000.
(3) Formula
The amount referred to in subparagraph (B) of paragraph (1) for
a State for a fiscal year is the product of -
(A) the amount appropriated under section 796l of this title
and available for allotments under subsection (a) of this
section; and
(B) a percentage equal to the quotient of -
(i) an amount equal to the number of individuals residing
in the State who are not less than 55 years of age; divided
by
(ii) an amount equal to the number of individuals residing
in the United States who are not less than 55 years of age.
(4) Disposition of certain amounts
(A) Grants
From the amounts specified in subparagraph (B), the
Commissioner may make grants to States whose population of
older individuals who are blind has a substantial need for the
services specified in subsection (d) of this section relative
to the populations in other States of older individuals who are
blind.
(B) Amounts
The amounts referred to in subparagraph (A) are any amounts
that are not paid to States under subsection (a) of this
section as a result of -
(i) the failure of any State to submit an application under
subsection (i) of this section;
(ii) the failure of any State to prepare within a
reasonable period of time such application in compliance with
such subsection; or
(iii) any State informing the Commissioner that the State
does not intend to expend the full amount of the allotment
made for the State under subsection (a) of this section.
(C) Conditions
The Commissioner may not make a grant under subparagraph (A)
unless the State involved agrees that the grant is subject to
the same conditions as grants made under subsection (a) of this
section.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 752, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

-REFTEXT-
REFERENCES IN TEXT
Part C of this subchapter, as in effect on the day before October
29, 1992, referred to in subsec. (b)(2)(B), means former part C
(Sec. 796f) which was included in the repeal of subchapter VII of
this chapter by Pub. L. 102-569, title VII, Sec. 701(1), Oct. 29,
1992, 106 Stat. 4443.

-MISC1-
PRIOR PROVISIONS
A prior section 796k, Pub. L. 93-112, title VII, Sec. 752, as
added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106
Stat. 4465; amended Pub. L. 103-73, title I, Sec. 114(m), Aug. 11,
1993, 107 Stat. 732, authorized grants to provide independent
living services for older individuals who are blind, prior to the
general amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC Sec. 796l 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Part B - Independent Living Services for Older Individuals Who Are
Blind

-HEAD-
Sec. 796l. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of the fiscal years 1999
through 2003.

-SOURCE-
(Pub. L. 93-112, title VII, Sec. 753, as added Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1241.)

-MISC1-
PRIOR PROVISIONS
A prior section 796l, Pub. L. 93-112, title VII, Sec. 753, as
added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106
Stat. 4468, authorized appropriations, prior to the general
amendment of this subchapter by Pub. L. 105-220.

-End-

-CITE-
29 USC SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND
TRAINING PROJECTS 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

-HEAD-
SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

-End-

-CITE-
29 USC Secs. 797 to 797b 01/03/05

-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SERVICES
SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

-HEAD-
Secs. 797 to 797b. Repealed. Pub. L. 105-220, title IV, Sec. 411,
Aug. 7, 1998, 112 Stat. 1241

-MISC1-
Section 797, Pub. L. 93-112, title VIII, Sec. 801, as added Pub.
L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4469,
authorized appropriations.
Section 797a, Pub. L. 93-112, title VIII, Sec. 802, as added Pub.
L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4469,
authorized grants for various demonstration projects.
Section 797b, Pub. L. 93-112, title VIII, Sec. 803, as added Pub.
L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4478,
authorized grants for training projects.

-End-