Rehabilitation Act of 1973

§ 676

TITLE 29—LABOR

Secretary of Health and Human Services, 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
pages 98 and 124 of House Document No. 103–7.
STUDY OF OCCUPATIONALLY RELATED PULMONARY AND
RESPIRATORY DISEASES; STUDY TO BE COMPLETED
AND REPORT SUBMITTED BY SEPTEMBER 1, 1979
Pub. L. 95–239, § 17, Mar. 1, 1978, 92 Stat. 105, authorized Secretary of Labor, in cooperation with Director of
National Institute for Occupational Safety and Health,
to conduct a study of occupationally related pulmonary
and respiratory diseases and to complete such study
and report findings to President and Congress not later
than 18 months after Mar. 1, 1978.

§ 676. Omitted
Editorial Notes

Sec.

721.
722.

State plans.
Eligibility and individualized plan for employment.
Vocational rehabilitation services.
Non-Federal share for establishment of program or construction.
State Rehabilitation Council.
Evaluation standards and performance indicators.
Monitoring and review.
Expenditure of certain amounts.
Training and services for employers.

723.
724.
725.
726.
727.
728.
728a.

PART B—BASIC VOCATIONAL REHABILITATION SERVICES
730.
731.
732.
733.

State allotments.
Payments to States.
Client assistance program.
Provision of pre-employment transition services.

CODIFICATION
Section, Pub. L. 91–596, § 27, Dec. 29, 1970, 84 Stat. 1616,
provided for establishment of a National Commission
on State Workmen’s Compensation Laws to make an
effective study and evaluation of State workmen’s
compensation laws to determine whether such laws
provide an adequate, prompt, and equitable system of
compensation for injury or death, with a final report to
be transmitted to President and Congress not later
than July 31, 1972, ninety days after which the Commission ceased to exist.

§ 677. Separability
If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder
of this chapter, or the application of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be
affected thereby.

Page 186

PART C—AMERICAN INDIAN VOCATIONAL
REHABILITATION SERVICES
741.

Vocational rehabilitation services grants.
PART D—VOCATIONAL REHABILITATION SERVICES
CLIENT INFORMATION

751.

Data sharing.

SUBCHAPTER II—RESEARCH AND TRAINING
760.
761.
762.

Declaration of purpose.
Authorization of appropriations.
National Institute on Disability, Independent
Living, and Rehabilitation Research.
Research and demonstration projects.
Interagency Committee.
Research and other covered activities.
Disability, Independent Living, and Rehabilitation Research Advisory Council.
Definition of covered school.

762a.
763.
764.
765.
766.

(Pub. L. 91–596, § 32, Dec. 29, 1970, 84 Stat. 1619.)

SUBCHAPTER III—PROFESSIONAL DEVELOPMENT
AND SPECIAL PROJECTS AND DEMONSTRATIONS

§ 678. Authorization of appropriations

771.

There are authorized to be appropriated to
carry out this chapter for each fiscal year such
sums as the Congress shall deem necessary.
(Pub. L. 91–596, § 33, Dec. 29, 1970, 84 Stat. 1620.)
CHAPTER
16—VOCATIONAL
REHABILITATION AND OTHER REHABILITATION SERVICES

772.
773.
774, 775.
776.

SUBCHAPTER IV—NATIONAL COUNCIL ON
DISABILITY
780.

GENERAL PROVISIONS
780a.

Sec.

701.
Findings; purpose; 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.
710.
Reports.
711.
Evaluation.
712.
Information clearinghouse.
713.
Transfer of funds.
714.
State administration.
715.
Review of applications.
716.
Carryover.
717.
Client assistance information.
718.
Traditionally underserved populations.
SUBCHAPTER I—VOCATIONAL REHABILITATION
SERVICES

781.
782.
783.
784.
785.

Declaration of policy; authorization of appropriations.

Establishment of National Council on Disability.
Independent status of National Council on the
Handicapped.
Duties of National Council.
Compensation of National Council members.
Staff of National Council.
Administrative powers of National Council.
Authorization of appropriations.
SUBCHAPTER V—RIGHTS AND ADVOCACY

790.
791.
792.
793.
794.
794a.
794b.

PART A—GENERAL PROVISIONS
720.

Declaration of purpose and competitive basis
of grants and contracts.
Training.
Demonstration and training programs.
Repealed.
Measuring of project outcomes and performance.

794c.
794d.

Repealed.
Employment of individuals with disabilities.
Architectural and Transportation Barriers
Compliance Board.
Employment under Federal contracts.
Nondiscrimination under Federal grants and
programs.
Remedies and attorney fees.
Removal of architectural, transportation, or
communication barriers; technical and financial assistance; compensation of experts
or consultants; authorization of appropriations.
Interagency Disability Coordinating Council.
Electronic and information technology.

Page 187

TITLE 29—LABOR

Sec.

794e.
794f.

Protection and advocacy of individual rights.
Establishment of standards for accessible
medical diagnostic equipment.
794g.
Limitations on use of subminimum wage.
SUBCHAPTER VI—EMPLOYMENT OPPORTUNITIES
FOR INDIVIDUALS WITH DISABILITIES
795, 795a.
795g.
795h.
795i.
795j.
795k.
795l.
795m.
795n.

Repealed.
Purpose.
Allotments.
Availability of services.
Eligibility.
State plan.
Restriction.
Savings provision.
Advisory Committee on Increasing Competitive Integrated Employment for Individuals
with Disabilities.
795o.
Authorization of appropriations.
SUBCHAPTER VII—INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING
PART A—INDIVIDUALS WITH SIGNIFICANT DISABILITIES
SUBPART 1—GENERAL PROVISIONS

796.
796–1.
796a.
796b.
796c.
796d.
796d–1.

Purpose.
Administration of the independent living program.
Definitions.
Eligibility for receipt of services.
State plan.
Statewide Independent Living Council.
Responsibilities of the Administrator.
SUBPART 2—INDEPENDENT LIVING SERVICES

796e.
796e–0.
796e–1.
796e–2.
796e–3.

Allotments.
Training and technical assistance.
Payments to States from allotments.
Authorized uses of funds.
Authorization of appropriations.

SUBPART 3—CENTERS FOR INDEPENDENT LIVING

796f.
796f–1.
796f–2.
796f–3.
796f–4.
796f–5.
796f–6.

Program authorization.
Grants to centers for independent living in
States in which Federal funding exceeds
State funding.
Grants to centers for independent living in
States in which State funding equals or exceeds Federal funding.
Centers operated by State agencies.
Standards and assurances for centers for independent living.
‘‘Eligible agency’’ defined.
Authorization of appropriations.

PART B—INDEPENDENT LIVING SERVICES FOR OLDER
INDIVIDUALS WHO ARE BLIND
796j.
‘‘Older individual who is blind’’ defined.
796j–1.
Training and technical assistance.
796k.
Program of grants.
796l.
Authorization of appropriations.
SUBCHAPTER VIII—SPECIAL DEMONSTRATIONS
AND TRAINING PROJECTS
797 to 797b. Repealed.

GENERAL PROVISIONS
§ 701. Findings; purpose; policy
(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;

§ 701

(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 development systems defined in section 3102 of this
title 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, 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;
(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; and
(7)(A) a high proportion of students with disabilities is leaving secondary education without being employed in competitive integrated
employment, or being enrolled in postsecondary education; and
(B) there is a substantial need to support
such students as they transition from school
to postsecondary life.
(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 development systems defined in section 3102 of this title 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;
(2) to maximize opportunities for individuals
with disabilities, including individuals with

§ 701

TITLE 29—LABOR

significant disabilities, for competitive integrated employment;
(3) 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;
(4) to increase employment opportunities
and employment outcomes for individuals
with disabilities, including through encouraging meaningful input by employers and vocational rehabilitation service providers on
successful and prospective employment and
placement strategies; and
(5) to ensure, to the greatest extent possible,
that youth with disabilities and students with
disabilities who are transitioning from receipt
of special education services under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) and receipt of services
under section 794 of this title have opportunities for postsecondary success.
(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.
(Pub. L. 93–112, § 2, as added Pub. L. 105–220, title
IV, § 403, Aug. 7, 1998, 112 Stat. 1095; amended
Pub. L. 105–277, div. A, § 101(f) [title VIII,
§ 402(b)(2)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–413; Pub. L. 113–128, title IV, § 402, July 22,
2014, 128 Stat. 1631.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsec. (b)(5), is title VI of Pub. L. 91–230,
Apr. 13, 1970, 84 Stat. 175, which is classified generally
to chapter 33 (§ 1400 et seq.) of Title 20, Education. For
complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.
PRIOR PROVISIONS
A prior section 701, Pub. L. 93–112, § 2, Sept. 26, 1973,
87 Stat. 357; Pub. L. 95–602, title I, § 122(a)(1), Nov. 6,
1978, 92 Stat. 2984; Pub. L. 99–506, title I, § 101, Oct. 21,
1986, 100 Stat. 1808; Pub. L. 102–569, title I, § 101, Oct. 29,
1992, 106 Stat. 4346, related to findings, purpose, and policy, prior to repeal by Pub. L. 105–220, title IV, § 403,
Aug. 7, 1998, 112 Stat. 1093.

Page 188

section 3102 of this title’’ for ‘‘workforce investment
systems under title I of the Workforce Investment Act
of 1998’’.
Subsec. (a)(7). Pub. L. 113–128, § 402(a)(2)–(4), added
par. (7).
Subsec. (b)(1)(A). Pub. L. 113–128, § 402(b)(1)(A), substituted ‘‘workforce development systems defined in
section 3102 of this title’’ for ‘‘workforce investment
systems implemented in accordance with title I of the
Workforce Investment Act of 1998’’.
Subsec. (b)(2) to (5). Pub. L. 113–128, § 402(b)(1)(B),
(2)–(5), added par. (2), redesignated former par. (2) as (3),
and added pars. (4) and (5).
1998—Pub. L. 105–277 made technical amendment in
original to section designation and catchline.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–213, § 1, July 29, 2010, 124 Stat. 2343, provided that: ‘‘This Act [enacting provisions set out as
notes under sections 796f–1 and 796f–2 of this title] may
be cited as the ‘Independent Living Centers Technical
Adjustment Act’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–220, title IV, § 401, Aug. 7, 1998, 112 Stat.
1092, provided that title IV of Pub. L. 105–220 could be
cited as the ‘‘Rehabilitation Act Amendments of 1998’’,
prior to repeal by Pub. L. 113–128, title V, § 511(a), July
22, 2014, 128 Stat. 1705.
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103–73, § 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
Pub. L. 102–569, § 1(a), Oct. 29, 1992, 106 Stat. 4344, 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, § 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
Pub. L. 99–506, § 1(a), Oct. 21, 1986, 100 Stat. 1807, 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’.’’

AMENDMENTS

SHORT TITLE OF 1984 AMENDMENT

2014—Subsec. (a)(4). Pub. L. 113–128, § 402(a)(1), substituted ‘‘workforce development systems defined in

Pub. L. 98–221, § 1, Feb. 22, 1984, 98 Stat. 17, provided:
‘‘That this Act [enacting sections 780a and 1901 to 1906

Page 189

§ 701

TITLE 29—LABOR

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
Pub. L. 95–602, § 1, Nov. 6, 1978, 92 Stat. 2955, 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, § 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, § 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, § 100, Nov. 21, 1974, 89 Stat. 2–3.
SHORT TITLE
Pub. L. 93–112, § 1(a), as added by Pub. L. 105–220, title
IV, § 403, Aug. 7, 1998, 112 Stat. 1093, and amended by
Pub. L. 105–277, div. A, § 101(f) [title VIII, § 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, § 601, as added by Pub. L.
105–220, title IV, § 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, § 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, § 403, Aug. 7,
1998, 112 Stat. 1093.
Pub. L. 93–112, title VI, § 601, as added by Pub. L.
95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2989, and
amended by Pub. L. 102–569, title I, § 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, § 409, Aug. 7, 1998, 112 Stat. 1210.

Executive Documents
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, § 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 Trans-

§ 701

TITLE 29—LABOR

portation, 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, schoolto-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.

Page 190

(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 [now 41 U.S.C. 8501 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 Na-

Page 191

TITLE 29—LABOR

tional 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,
repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July
22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015]; (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

§ 701

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

§ 702

TITLE 29—LABOR

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.

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

Page 192

88 Stat. 1617; Pub. L. 93–651, title I, § 101(a), Nov. 21, 1974,
89 Stat. 2–3; Pub. L. 95–602, title I, § 122(a)(2), (3), Nov.
6, 1978, 92 Stat. 2984; Pub. L. 99–506, title I, § 102, title X,
§ 1001(a)(1), Oct. 21, 1986, 100 Stat. 1808, 1841; Pub. L.
100–630, title II, § 201(a), Nov. 7, 1988, 102 Stat. 3303, related to the Rehabilitation Services Administration,
prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7,
1998, 112 Stat. 1093.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128, § 403(1), inserted ‘‘in
the Department of Education’’ after ‘‘Secretary’’ in
first sentence, substituted ‘‘Such Administration shall
be the principal agency, and the Commissioner shall be
the principal officer, of the Department for purposes of
carrying out subchapters I, III, VI, and part B of subchapter VII.’’ for ‘‘Except for subchapters IV and V and
as otherwise specifically provided in this chapter, such
Administration shall be the principal agency, and the
Commissioner shall be the principal officer, of such Department for carrying out this chapter.’’ in second sentence, and inserted ‘‘of Education’’ after ‘‘to the Secretary’’ in fourth sentence and after ‘‘by the Secretary’’ in sixth sentence.
Subsec. (b). Pub. L. 113–128, § 403(2), inserted ‘‘of Education’’ after ‘‘Secretary’’.
Statutory Notes and Related Subsidiaries
ADDITIONAL PERSONNEL FOR OFFICE FOR THE BLIND
AND VISUALLY HANDICAPPED
Pub. L. 93–516, title II, § 208(a), Dec. 7, 1974, 88 Stat.
1629, provided that: ‘‘The Secretary of Health, Education, and Welfare [now Secretary of Education] is directed to assign to the Office for the Blind and Visually
Handicapped of the Rehabilitation Services Administration of the Department of Health, Education, and
Welfare [now Department of Education] ten additional
full-time personnel (or their equivalent), five of whom
shall be supportive personnel, to carry out duties related to the administration of the Randolph-Sheppard
Act [section 107 et seq. of Title 20, Education].’’
An identical provision is contained in Pub. L. 93–651,
title II, § 208(a), Nov. 21, 1974, 89 Stat. 2–14.
PREFERENCE TO BLIND IN SELECTING PERSONNEL
Pub. L. 93–516, title II, § 208(c), Dec. 7, 1974, 88 Stat.
1629, provided that: ‘‘In selecting personnel to fill any
position under this section [authorizing assignment of
11 additional full-time personnel to the Office for the
Blind and Visually Handicapped of the Rehabilitation
Service Administration of the Department of Health,
Education, and Welfare under subsecs. (a) and (b) of
Pub. L. 93–516], the Secretary of Health, Education, and
Welfare [now Secretary of Education] shall give preference to blind individuals.’’
An identical provision is contained in Pub. L. 93–651,
title II, § 208(c), Nov. 21, 1974, 89 Stat. 2–14.

§ 703. Advance funding

PRIOR PROVISIONS

(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.

A prior section 702, Pub. L. 93–112, § 3, Sept. 26, 1973,
87 Stat. 357; Pub. L. 93–516, title I, § 101(a), Dec. 7, 1974,

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

(Pub. L. 93–112, § 3, as added Pub. L. 105–220, title
IV, § 403, Aug. 7, 1998, 112 Stat. 1096; amended
Pub. L. 113–128, title IV, § 403, July 22, 2014, 128
Stat. 1632.)
Editorial Notes

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TITLE 29—LABOR
Editorial Notes
PRIOR PROVISIONS

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

§ 704. Joint funding
Pursuant to regulations prescribed by the
President, and to the extent consistent with the
other provisions of this chapter, where funds are
provided for a single project by more than one
Federal agency to an agency or organization assisted under this chapter, the Federal agency
principally involved may be designated to act
for all in administering the funds provided, and,
in such cases, a single non-Federal share requirement may be established according to the
proportion of funds advanced by each agency.
When the principal agency involved is the Rehabilitation Services Administration, it may
waive any grant or contract requirement (as defined by such regulations) under or pursuant to
any law other than this chapter, which requirement is inconsistent with the similar requirements of the administering agency under or pursuant to this chapter.
(Pub. L. 93–112, § 5, as added Pub. L. 105–220, title
IV, § 403, Aug. 7, 1998, 112 Stat. 1097.)
Editorial Notes
PRIOR PROVISIONS
A prior section 704, Pub. L. 93–112, § 5, Sept. 26, 1973,
87 Stat. 359, related to joint funding, prior to repeal by
Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093.
Executive Documents
DELEGATION OF FUNCTIONS
Authority of the President under this section delegated to Director of Office of Management and Budget
by section 1 of Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R.
1040, set out as a note under section 7103 of Title 31,
Money and Finance.

§ 705. Definitions
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, 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;

§ 705

(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 pri-

§ 705

TITLE 29—LABOR
ority 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;
(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; and
(v) to the maximum extent possible, relies on information obtained from experiences in integrated employment settings
in the community, and other integrated
community settings;

(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 terms
(A) Assistive technology
The term ‘‘assistive technology’’ has the
meaning given such term in section 3002 of
this title.
(B) 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 1 individual with a disability as defined
in paragraph (20)(A)).1
(C) Assistive technology service
The term ‘‘assistive technology service’’
has the meaning given such term in section
1 So in original. The second closing parenthesis probably
should not appear.

Page 194

3002 of this title, except that the reference in
such section—
(i) to the term ‘‘individual with a disability’’ shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and
(ii) to the term ‘‘individuals with disabilities’’ shall be deemed to mean more than
1 such individual.
(4) 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) customized employment;
(P) services to family members when necessary to the vocational rehabilitation of
the individual;
(Q) personal assistance services; or
(R) services similar to the services described in one of subparagraphs (A) through
(Q).
(5) Competitive integrated employment
The term ‘‘competitive integrated employment’’ means work that is performed on a fulltime or part-time basis (including self-employment)—
(A) for which an individual—
(i) is compensated at a rate that—
(I)(aa) shall be not less than the higher
of the rate specified in section 206(a)(1)
of this title or the rate specified in the
applicable State or local minimum wage
law; and
(bb) is not less than the customary
rate paid by the employer for the same
or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated
in similar occupations by the same employer and who have similar training,
experience, and skills; or

Page 195

TITLE 29—LABOR

§ 705

(II) in the case of an individual who is
self-employed, yields an income that is
comparable to the income received by
other individuals who are not individuals
with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training,
experience, and skills; and

(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

(ii) is eligible for the level of benefits
provided to other employees;

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, the meaning given it in section 12102 of
title 42.
(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 of Education may determine to be appropriate (including satisfying
the vocational outcome of customized employment, self-employment, telecommuting,
or business ownership),

(B) that is at a location where the employee interacts with other persons who are
not individuals with disabilities (not including supervisory personnel or individuals who
are providing services to such employee) to
the same extent that individuals who are not
individuals with disabilities and who are in
comparable positions interact with other
persons; and
(C) that, as appropriate, presents opportunities for advancement that are similar to
those for other employees who are not individuals with disabilities and who have similar positions.
(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) Customized employment
The term ‘‘customized employment’’ means
competitive integrated employment, for an individual with a significant disability, that is
based on an individualized determination of
the strengths, needs, and interests of the individual with a significant disability, is designed
to meet the specific abilities of the individual
with a significant disability and the business
needs of the employer, and is carried out
through flexible strategies, such as—
(A) job exploration by the individual;
(B) working with an employer to facilitate
placement, including—
(i) customizing a job description based
on current employer needs or on previously unidentified and unmet employer
needs;
(ii) developing a set of job duties, a work
schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location;
(iii) representation by a professional
chosen by the individual, or self-representation of the individual, in working with
an employer to facilitate placement; and
(iv) providing services and supports at
the job location.

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 of Education may determine, in
accordance with regulations the Secretary of
Education shall prescribe, in order to prevent

§ 705

TITLE 29—LABOR

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 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 nonFederal 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
of Education 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;

Page 196

(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);
(D) individual and systems advocacy; and
(E) services that—
(i) facilitate the transition of individuals
with significant disabilities from nursing
homes and other institutions to home and
community-based residences, with the requisite supports and services;
(ii) provide assistance to individuals
with significant disabilities who are at
risk of entering institutions so that the individuals may remain in the community;
and
(iii) facilitate the transition of youth
who are individuals with significant disabilities, who were eligible for individualized education programs under section
614(d) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)), and who
have completed their secondary education
or otherwise left school, to postsecondary
life.
(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;

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TITLE 29—LABOR

(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 and includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C.
1602).
(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.]) and a tribal
organization (as defined in section 5304(l) of
title 25).

§ 705

(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.
(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 has
a disability as defined in section 12102 of
title 42.
(C) Rights and advocacy provisions
(i) In general; exclusion of individuals engaging in drug use
For purposes of subchapter V, 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, 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 edu-

§ 705

TITLE 29—LABOR
cational 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.

Page 198

(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, intellectual disability, 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, 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, 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.

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TITLE 29—LABOR

(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 1002
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 development board
The term ‘‘local workforce development
board’’ means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3102].
(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

§ 705

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.
(30) 2 Pre-employment transition services
The term ‘‘pre-employment transition services’’ means services provided in accordance
with section 733 of this title.
(31) Public or nonprofit
The term ‘‘public or nonprofit’’, used with
respect to an agency or organization, includes
an Indian tribe.
(32) 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.
(33) Secretary
Unless where the context otherwise requires,
the term ‘‘Secretary’’—
2 So

in original. There is no par. (29).

§ 705

TITLE 29—LABOR

(A) used in subchapter I, III, IV, V, VI, or
part B of subchapter VII, means the Secretary of Education; and
(B) used in subchapter II or part A of subchapter VII, means the Secretary of Health
and Human Services.
(34) 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.
(35) State workforce development board
The term ‘‘State workforce development
board’’ means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3102].
(36) Statewide workforce development system
The term ‘‘statewide workforce development
system’’ means a workforce development system, as defined in section 3 of the Workforce
Innovation and Opportunity Act [29 U.S.C.
3102].
(37) Student with a disability
(A) In general
The term ‘‘student with a disability’’
means an individual with a disability who—
(i)(I)(aa) is not younger than the earliest
age for the provision of transition services
under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act
(20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or
(bb) if the State involved elects to use a
lower minimum age for receipt of pre-employment transition services under this
chapter, is not younger than that minimum age; and
(II)(aa) is not older than 21 years of age;
or
(bb) if the State law for the State provides for a higher maximum age for receipt
of services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.), is not older than that maximum age;
and
(ii)(I) is eligible for, and receiving, special education or related services under
part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.); or
(II) is an individual with a disability, for
purposes of section 794 of this title.
(B) Students with disabilities
The term ‘‘students with disabilities’’
means more than 1 student with a disability.
(38) Supported employment
The term ‘‘supported employment’’ means
competitive integrated employment, including
customized employment, or employment in an
integrated work setting in which individuals
are working on a short-term basis toward competitive integrated employment, that is individualized and customized consistent with the
strengths, abilities, interests, and informed
choice of the individuals involved, for individuals with the most significant disabilities—

Page 200

(A)(i) for whom competitive integrated
employment has not historically occurred;
or
(ii) for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability;
and
(B) who, because of the nature and severity
of their disability, need intensive supported
employment services and extended services
after the transition described in paragraph
(13)(C), in order to perform the work involved.
(39) Supported employment services
The term ‘‘supported employment services’’
means ongoing support services, including customized employment, 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 integrated 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 not more than 24 months,
except that period may be extended, if necessary, in order to achieve the employment
outcome identified in the individualized plan
for employment.
(40) 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.
(41) Workforce investment activities
The term ‘‘workforce investment activities’’
means workforce investment activities, as defined in section 3 of the Workforce Innovation
and Opportunity Act [29 U.S.C. 3102], that are
carried out under that Act.
(42) Youth with a disability
(A) In general
The term ‘‘youth with a disability’’ means
an individual with a disability who—
(i) is not younger than 14 years of age;
and
(ii) is not older than 24 years of age.
(B) Youth with disabilities
The term ‘‘youth with disabilities’’ means
more than 1 youth with a disability.
(Pub. L. 93–112, § 7, formerly § 6, as added Pub. L.
105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1097;
amended Pub. L. 105–244, title I, § 102(a)(9)(A),
Oct. 7, 1998, 112 Stat. 1619; renumbered § 7 and
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 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, § 402(a), Nov. 13, 1998, 112 Stat.
3661; Pub. L. 110–325, § 7, Sept. 25, 2008, 122 Stat.
3558; Pub. L. 111–256, § 2(d)(1), Oct. 5, 2010, 124
Stat. 2643; Pub. L. 113–128, title IV, § 404, July 22,
2014, 128 Stat. 1632.)

Page 201

TITLE 29—LABOR
Editorial Notes
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 (§ 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 (§ 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 Individuals with Disabilities Education Act, referred to in par. (37)(A)(i)(II)(bb), (ii)(I), is title VI of
Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20,
Education. Part B of the Act is classified generally to
subchapter II (§ 1411 et seq.) of chapter 33 of Title 20.
For complete classification of this Act to the Code, see
section 1400 of Title 20 and Tables.
The Workforce Innovation and Opportunity Act, referred to in par. (41), is Pub. L. 113–128, July 22, 2014, 128
Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of
this title, repealed chapter 30 (§ 2801 et seq.) of this title
and chapter 73 (§ 9201 et seq.) of Title 20, Education, and
made amendments to numerous other sections and
notes in the Code. For complete classification of this
Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
PRIOR 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, § 6, Sept. 26, 1973,
87 Stat. 359; Pub. L. 99–506, title X, § 1001(a)(2), Oct. 21,
1986, 100 Stat. 1841; Pub. L. 100–630, title II, § 201(b), Nov.
7, 1988, 102 Stat. 3303; Pub. L. 102–569, title I, § 128(b)(1),
Oct. 29, 1992, 106 Stat. 4388, related to consolidated rehabilitation plan, prior to repeal by Pub. L. 105–220, title
IV, § 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
2014—Par. (2)(B)(v). Pub. L. 113–128, § 404(1), added cl.
(v).
Par. (3). Pub. L. 113–128, § 404(2), added par. (3) and
struck out former par. (3) which defined ‘‘assistive
technology device’’.
Par. (4). Pub. L. 113–128, § 404(3), redesignated par. (5)
as (4).
Pub. L. 113–128, § 404(2), struck out par. (4) which defined ‘‘assistive technology service’’.
Par. (4)(O). Pub. L. 113–128, § 404(4)(B), added subpar.
(O). Former subpar. (O) redesignated (P).
Par. (4)(P), (Q). Pub. L. 113–128, § 404(4)(A), redesignated subpars. (O) and (P) as (P) and (Q), respectively.
Former subpar. (Q) redesignated (R).
Par. (4)(R). Pub. L. 113–128, § 404(4)(C), substituted
‘‘(Q)’’ for ‘‘(P)’’.
Pub. L. 113–128, § 404(4)(A), redesignated subpar. (Q) as
(R).
Par. (5). Pub. L. 113–128, § 404(5), added par. (5). Former
par. (5) redesignated (4).
Par. (6)(B). Pub. L. 113–128, § 404(6), substituted ‘‘includes architects’ fees’’ for ‘‘includes architects’ fees’’.
Par. (7). Pub. L. 113–128, § 404(7), added par. (7).
Par. (11)(C). Pub. L. 113–128, § 404(8), inserted ‘‘of Education’’ after ‘‘Secretary’’ and ‘‘customized employment,’’ after ‘‘vocational outcome of’’.

§ 705

Par. (12). Pub. L. 113–128, § 404(9), inserted ‘‘of Education’’ after ‘‘Secretary’’ in two places.
Par. (14)(C). Pub. L. 113–128, § 404(10), inserted ‘‘of Education’’ after ‘‘Secretary’’.
Par. (17)(E). Pub. L. 113–128, § 404(11), added subpar.
(E).
Par. (18). Pub. L. 113–128, § 404(12), substituted ‘‘term
‘independent living services’ includes—’’ for ‘‘term
‘independent living services’ includes—’’ in introductory provisions.
Par. (19)(A). Pub. L. 113–128, § 404(13)(A), inserted ‘‘and
includes a Native and a descendant of a Native, as such
terms are defined in subsections (b) and (r) of section 3
of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)’’ before period at end.
Par. (19)(B). Pub. L. 113–128, § 404(13)(B), inserted ‘‘and
a tribal organization (as defined in section 5304(l) of
title 25)’’ before period at end.
Par. (23). Pub. L. 113–128, § 404(14), substituted ‘‘section 1002’’ for ‘‘section 1001’’.
Par. (25). Pub. L. 113–128, § 404(15), added par. (25) and
struck out former par. (25) which defined ‘‘local workforce investment board’’.
Par. (29). Pub. L. 113–128, § 404(17), redesignated par.
(29) as (31).
Par. (30). Pub. L. 113–128, § 404(18), added par. (30).
Former par. (30) redesignated (32).
Pars. (31), (32). Pub. L. 113–128, § 404(17), redesignated
pars. (29) and (30) as (31) and (32), respectively. Former
pars. (31) and (32) redesignated (33) and (34), respectively.
Par. (33). Pub. L. 113–128, § 404(19), added par. (33) and
struck out former par. (33) which defined ‘‘Secretary’’.
Pub. L. 113–128, § 404(17), redesignated par. (31) as (33).
Former par. (33) redesignated (35).
Par. (34). Pub. L. 113–128, § 404(17), redesignated par.
(32) as (34). Former par. (34) redesignated (36).
Pars. (35), (36). Pub. L. 113–128, § 404(20), added pars.
(35) and (36) and struck out former pars. (35) and (36),
which defined ‘‘State workforce investment board’’ and
‘‘statewide workforce investment system’’, respectively.
Pub. L. 113–128, § 404(17), redesignated pars. (33) and
(34) as (35) and (36), respectively. Former pars. (35) and
(36) redesignated (38) and (39), respectively.
Par. (37). Pub. L. 113–128, § 404(16), (21), added par. (37)
and struck out former par. (37) which defined ‘‘transition services’’.
Pars. (38), (39). Pub. L. 113–128, § 404(22), added pars.
(38) and (39) and struck out former pars. (38) and (39)
which defined ‘‘supported employment’’ and ‘‘supported
employment services’’, respectively.
Pub. L. 113–128, § 404(17), redesignated pars. (35) and
(36) as (38) and (39), respectively. Former pars. (38) and
(39) redesignated (40) and (41), respectively.
Par. (40). Pub. L. 113–128, § 404(17), redesignated par.
(38) as (40).
Par. (41). Pub. L. 113–128, § 404(23), substituted ‘‘as defined in section 3 of the Workforce Innovation and Opportunity Act’’ for ‘‘as defined in section 101 of the
Workforce Investment Act of 1998’’.
Pub. L. 113–128, § 404(17), redesignated par. (39) as (41).
Par. (42). Pub. L. 113–128, § 404(24), added par. (42).
2010—Par. (21)(A)(iii). Pub. L. 111–256 substituted ‘‘intellectual disability,’’ for ‘‘mental retardation,’’.
2008—Par. (9)(B). Pub. L. 110–325, § 7(1), substituted
‘‘the meaning given it in section 12102 of title 42’’ for ‘‘a
physical or mental impairment that substantially limits one or more major life activities’’.
Par. (20)(B). Pub. L. 110–325, § 7(2), substituted ‘‘any
person who has a disability as defined in section 12102
of title 42.’’ for ‘‘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.’’
1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(3)],
made technical amendment to section designation and
catchline in the original and inserted par. (1) heading.

§ 706

TITLE 29—LABOR

Par. (2)(B). Pub. L. 105–277, § 101(f) [title VIII,
§ 402(c)(1)(A)], substituted ‘‘nature’’ for ‘‘objectives, nature,’’.
Par. (3). Pub. L. 105–394, § 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, § 101(f) [title VIII,
§ 402(a)(1)].
Par. (4). Pub. L. 105–394, § 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, § 101(f) [title VIII,
§ 402(a)(1)].
Par. (7). Pub. L. 105–277, § 101(f) [title VIII,
§ 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, § 101(f) [title VIII,
§ 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, § 101(f) [title VIII,
§ 402(c)(1)(D)], substituted ‘‘employment outcome’’ for
‘‘rehabilitation objectives’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–325, § 8, Sept. 25, 2008, 122 Stat. 3559, provided that: ‘‘This Act [enacting sections 12103 and
12205a of Title 42, The Public Health and Welfare,
amending this section, former section 706 of this title,
and sections 12101, 12102, 12111 to 12114, 12201, and 12206
to 12213 of Title 42, and enacting provisions set out as
notes under section 12101 of Title 42] and the amendments made by this Act shall become effective on January 1, 2009.’’
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.
DEFINITIONS
For meaning of references to an intellectual disability and to individuals with intellectual disabilities
in provisions amended by section 2 of Pub. L. 111–256,
see section 2(k) of Pub. L. 111–256, set out as a note
under section 1400 of Title 20, Education.

§ 706. Allotment percentage
(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 331⁄3
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.

Page 202

(2) The allotment percentages shall be promulgated by the Secretary of Education between
October 1 and December 31 of each even-numbered year, on the basis of the average of the per
capita incomes of the States and of the United
States for the three most recent consecutive
years for which satisfactory data are available
from the Department of Commerce. Such promulgation shall be conclusive for each of the 2
fiscal years in the period beginning on the October 1 next succeeding such promulgation.
(3) The term ‘‘United States’’ means (but only
for purposes of this subsection) the 50 States and
the District of Columbia.
(b) The population of the several States and of
the United States shall be determined on the
basis of the most recent data available, to be
furnished by the Department of Commerce by
October 1 of the year preceding the fiscal year
for which funds are appropriated pursuant to
statutory authorizations.
(Pub. L. 93–112, § 8, formerly § 7, as added Pub. L.
105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110;
renumbered § 8, Pub. L. 105–277, div. A, § 101(f)
[title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–412; amended Pub. L. 113–128, title
IV, § 405(a), July 22, 2014, 128 Stat. 1637.)
Editorial Notes
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, § 7, Sept. 26, 1973,
87 Stat. 359; Pub. L. 93–516, title I, § 111(a), Dec. 7, 1974,
88 Stat. 1619; Pub. L. 93–651, title I, § 111(a), Nov. 21, 1974,
89 Stat. 2–5; Pub. L. 95–602, title I, § 122(a)(4)–(8), Nov. 6,
1978, 92 Stat. 2984, 2985; Pub. L. 98–221, title I, § 101, Feb.
22, 1984, 98 Stat. 17; Pub. L. 99–506, title I, § 103(a), (b),
(c)(1), (d)(1), (2)(A), (C), (e)–(h)(1), (i), (j), title X,
§§ 1001(a)(3), 1002(a), Oct. 21, 1986, 100 Stat. 1809–1811,
1841, 1844; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 100–259, § 9, Mar. 22, 1988, 102 Stat. 31; Pub. L.
100–630, title II, § 201(c), Nov. 7, 1988, 102 Stat. 3303; Pub.
L. 101–336, title V, § 513, formerly § 512, July 26, 1990, 104
Stat. 376, renumbered § 513, Pub. L. 110–325, § 6(a)(2),
Sept. 25, 2008, 122 Stat. 3558; Pub. L. 102–569, title I,
§ 102(a)–(n), (p)(3), Oct. 29, 1992, 106 Stat. 4347–4350, 4356;
Pub. L. 103–73, title I, §§ 102(1), 103, Aug. 11, 1993, 107
Stat. 718; Pub. L. 103–218, title IV, § 404, Mar. 9, 1994, 108
Stat. 97, defined terms for purposes of this chapter,
prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7,
1998, 112 Stat. 1093. See section 705 of this title.
A prior section 8 of Pub. L. 93–112 was renumbered
section 10 and is classified to section 707 of this title.
Another prior section 8 of Pub. L. 93–112 was classified to section 707 of this title prior to repeal by Pub.
L. 105–220.
AMENDMENTS
2014—Subsec. (a)(2). Pub. L. 113–128 inserted ‘‘of Education’’ after ‘‘Secretary’’.

§ 707. Nonduplication
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.

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No payment may be made from funds provided
under one provision of this chapter relating to
any cost with respect to which any payment is
made under any other provision of this chapter,
except that this section shall not be construed
to limit or reduce fees for services rendered by
community rehabilitation programs.
(Pub. L. 93–112, § 10, formerly § 8, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1110; renumbered § 10 and amended Pub. L.
105–277, div. A, § 101(f) [title VIII, § 402(a)(1),
(c)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412,
2681–415.)
Editorial Notes
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, § 8, Sept. 26, 1973,
87 Stat. 362; Pub. L. 94–273, § 10, Apr. 21, 1976, 90 Stat.
378; Pub. L. 102–569, title I, § 103, Oct. 29, 1992, 106 Stat.
4361, related to allotment percentage, prior to repeal by
Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093.
See section 706 of this title.
A prior section 10 of Pub. L. 93–112 was renumbered
section 12 and is classified to section 709 of this title.
Another prior section 10 of Pub. L. 93–112 was classified to section 709 of this title prior to repeal by Pub.
L. 105–220.
AMENDMENTS
1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(2)],
substituted a dash for a colon after ‘‘disregarded’’ and
amended text to set out cls. (1) and (2) as indented pars.
and last sentence as flush provision.

§ 708. Application of other laws
(a) The provisions of chapter 71 of title 31 and
of title V of the Act of October 15, 1977 (Public
Law 95–134) shall not apply to the administration of the provisions of this chapter or to the
administration of any program or activity under
this chapter.
(b) Section 501 of the Workforce Innovation
and Opportunity Act [29 U.S.C. 3341] shall apply,
as specified in that section, to amendments to
this chapter that were made by the Workforce
Innovation and Opportunity Act.
(Pub. L. 93–112, § 11, formerly § 9, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1110; renumbered § 11, Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–412; amended Pub. L. 113–128,
title IV, § 405(b), July 22, 2014, 128 Stat. 1637.)
Editorial Notes
REFERENCES IN TEXT
Act of October 15, 1977, referred to in subsec. (a), is
Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, popularly
known as the Omnibus Territories Act of 1977. Title V
of the Act enacted section 4368b of Title 42, The Public
Health and Welfare, and section 1469a of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (b), is Pub. L. 113–128, July 22, 2014,
128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.)
of this title, repealed chapter 30 (§ 2801 et seq.) of this
title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sec-

tions and notes in the Code. For complete classification
of this Act to the Code, see Short Title note set out
under section 3101 of this title and Tables.
CODIFICATION
‘‘Chapter 71 of title 31’’ substituted in text for ‘‘the
Act of December 5, 1974 (Public Law 93–510) on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067,
the first section of which enacted Title 31, Money and
Finance.
PRIOR 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, § 9, Sept. 26, 1973,
87 Stat. 362, related to audit and examination of
records, scope of disclosure, and access to representatives, prior to repeal by Pub. L. 103–382, title II, § 272,
Oct. 20, 1994, 108 Stat. 3931.
A prior section 11 of Pub. L. 93–112 was renumbered
section 13 and is classified to section 710 of this title.
Another prior section 11 of Pub. L. 93–112 was classified to section 710 of this title prior to repeal by Pub.
L. 105–220.
AMENDMENTS
2014—Pub. L. 113–128 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 709. Administration
(a) Technical assistance; short-term traineeships;
special projects; dissemination of information; monitoring and evaluations
In carrying out the purposes of this chapter,
the Commissioner may—
(1)(A) provide consultative services and technical assistance to public or nonprofit private
agencies and organizations, including assistance to enable such agencies and organizations to facilitate meaningful and effective
participation by individuals with disabilities
in workforce investment activities;
(B) provide technical assistance to the designated State units on developing successful
partnerships with local and multi-State businesses in an effort to increase the employment
of individuals with disabilities;
(C) provide technical assistance to providers
and organizations on developing self-employment opportunities and outcomes for individuals with disabilities; and
(D) provide technical assistance to entities
carrying out community rehabilitation programs to build their internal capacity to provide individualized services and supports leading to competitive integrated employment,
and to transition individuals with disabilities
away from nonintegrated settings;
(2) provide short-term training and technical
instruction, including training for the personnel of community rehabilitation programs
and other providers of services (including job
coaches);
(3) conduct special projects and demonstrations;
(4) collect, prepare, publish, and disseminate
special educational or informational materials, including reports of the projects for
which funds are provided under this chapter;
and
(5) provide monitoring and conduct evaluations.

§ 709

TITLE 29—LABOR

(b) Utilization of services and facilities; information task forces
(1) In carrying out the duties under this chapter, the Commissioner may utilize the services
and facilities of any agency of the Federal Government and of any other public or nonprofit
agency or organization, in accordance with
agreements between the Commissioner and the
head thereof, and may pay therefor, in advance
or by way of reimbursement, as may be provided
in the agreement.
(2) In carrying out the provisions of this chapter, the Commissioner shall appoint such task
forces as may be necessary to collect and disseminate information in order to improve the
ability of the Commissioner to carry out the
provisions of this chapter.
(c) Regulations to carry out this chapter
(1) The Secretary of Education may promulgate such regulations as are considered appropriate to carry out the Commissioner’s duties
under this chapter.
(2) In promulgating regulations to carry out
this chapter, the Secretary of Education shall
promulgate only regulations that are necessary
to administer and ensure compliance with the
specific requirements of this chapter.
(d) Regulations for implementation
(1) The Secretary of Education shall promulgate regulations regarding the requirements for
the implementation of an order of selection for
vocational rehabilitation services under section
721(a)(5)(A) of this title if such services cannot
be provided to all eligible individuals with disabilities who apply for such services.
(2) Not later than 180 days after July 22, 2014,
the Secretary of Education shall receive public
comment and promulgate regulations to implement the amendments made by the Workforce
Innovation and Opportunity Act.
(e) Authorities and responsibilities of Commissioner and Secretary of Education
(1) The Administrator of the Administration
for Community Living (referred to in this subsection as the ‘‘Administrator’’) may carry out
the authorities and shall carry out the responsibilities of the Commissioner described in paragraphs (1)(A) and (2) through (4) of subsection
(a), and subsection (b), except that, for purposes
of applying subsections (a) and (b), a reference
in those subsections—
(A) to facilitating meaningful and effective
participation shall be considered to be a reference to facilitating meaningful and effective
collaboration with independent living programs, and promoting a philosophy of independent living for individuals with disabilities
in community activities; and
(B) to training for personnel shall be considered to be a reference to training for the personnel of centers for independent living and
Statewide Independent Living Councils.
(2) The Secretary of Health and Human Services may carry out the authorities and shall
carry out the responsibilities of the Secretary of
Education described in subsections (c) and (d).
(f) References to ‘‘this chapter’’
(1) In subsections (a) through (d), a reference
to ‘‘this chapter’’ means a provision of this

Page 204

chapter that the Secretary of Education has authority to carry out; and
(2) In subsection (e), for purposes of applying
subsections (a) through (d), a reference in those
subsections to ‘‘this chapter’’ means a provision
of this chapter that the Secretary of Health and
Human Services has authority to carry out.
(g) Authorization of appropriations
There are authorized to be appropriated to
carry out this section such sums as may be necessary.
(Pub. L. 93–112, § 12, formerly § 10, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1111; renumbered § 12, Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–412; amended Pub. L. 113–128,
title IV, § 405(c), July 22, 2014, 128 Stat. 1637.)
Editorial Notes
REFERENCES IN TEXT
The Workforce Innovation and Opportunity Act, referred to in subsec. (d)(2), is Pub. L. 113–128, July 22,
2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et
seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of
this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification
of this Act to the Code, see Short Title note set out
under section 3101 of this title and Tables.
PRIOR 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, § 10, Sept. 26, 1973,
87 Stat. 363; Pub. L. 95–602, title I, § 122(a)(9), Nov. 6,
1978, 92 Stat. 2985; Pub. L. 100–630, title II, § 201(d), Nov.
7, 1988, 102 Stat. 3304; Pub. L. 102–569, title I, § 104, Oct.
29, 1992, 106 Stat. 4361, related to nonduplication prohibition, prior to repeal by Pub. L. 105–220, title IV, § 403,
Aug. 7, 1998, 112 Stat. 1093. See section 707 of this title.
A prior section 12 of Pub. L. 93–112 was renumbered
section 14 and is classified to section 711 of this title.
Another prior section 12 of Pub. L. 93–112 was classified to section 711 of this title prior to repeal by Pub.
L. 105–220.
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–128, § 405(c)(1)(A), designated existing provisions as subpar. (A) and added
subpars. (B) to (D).
Subsec. (a)(2). Pub. L. 113–128, § 405(c)(1)(B), struck out
‘‘, centers for independent living,’’ after ‘‘community
rehabilitation programs’’.
Subsec. (c). Pub. L. 113–128, § 405(c)(6)(A), (D), (E), designated existing provisions as par. (1) and redesignated
subsec. (f) as par. (2).
Pub. L. 113–128, § 405(c)(2), substituted ‘‘Secretary of
Education’’ for ‘‘Commissioner’’.
Subsec. (d). Pub. L. 113–128, § 405(c)(6)(B), (C), designated existing provisions as par. (1) and redesignated
subsec. (e) as par. (2).
Pub. L. 113–128, § 405(c)(3), inserted ‘‘of Education’’
after ‘‘Secretary’’.
Subsec. (e). Pub. L. 113–128, § 405(c)(7), added subsec.
(e). Former subsec. (e) redesignated par. (2) of subsec.
(d).
Pub. L. 113–128, § 405(c)(4), amended reference in original act which resulted in substitution of ‘‘July 22, 2014’’
for ‘‘August 7, 1998’’ in text, inserted ‘‘of Education’’
after ‘‘Secretary’’, and substituted ‘‘Workforce Innovation and Opportunity Act’’ for ‘‘Rehabilitation Act
Amendments of 1998’’.
Subsec. (f). Pub. L. 113–128, § 405(c)(7), added subsec.
(f). Former subsec. (f) redesignated par. (2) of subsec.
(c).

Page 205

Pub. L. 113–128, § 405(c)(5), inserted ‘‘of Education’’
after ‘‘Secretary’’.

§ 710. Reports
(a) Annual reports required
Not later than one hundred and eighty days
after the close of each fiscal year, the Commissioner shall prepare and submit to the President
and to the Congress a full and complete report
on the activities carried out under this chapter,
including the activities and staffing of the information clearinghouse under section 712 of this
title.
(b) Collection of information
The Commissioner shall collect information to
determine whether the purposes of this chapter
are being met and to assess the performance of
programs carried out under this chapter. The
Commissioner shall take whatever action is necessary to assure that the identity of each individual for which information is supplied under
this section is kept confidential, except as otherwise required by law (including regulation).
(c) Information to be included in reports
(1) 1 In preparing the report, the Commissioner
shall annually collect and include in the report
information based on the information submitted
by States in accordance with section 721(a)(10) of
this title, including information on administrative costs as required by section 721(a)(10)(D) of
this title. The Commissioner shall, to the maximum extent appropriate, include in the report
all information that is required to be submitted
in the reports described in section 3141(d)(2) of
this title and that pertains to the employment
of individuals with disabilities.
(d) Availability to public
The Commissioner shall ensure that the report
described in this section is made publicly available in a timely manner, including through electronic means, in order to inform the public
about the administration and performance of
programs under this chapter.
(Pub. L. 93–112, § 13, formerly § 11, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1111; renumbered § 13, Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–412; amended Pub. L. 113–128,
title IV, § 406, July 22, 2014, 128 Stat. 1638.)
Editorial Notes
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, § 11, as added Pub.
L. 95–602, title I, § 121, Nov. 6, 1978, 92 Stat. 2984, related
to application of other laws, prior to repeal by Pub. L.
105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See
section 708 of this title.
A prior section 13 of Pub. L. 93–112 was renumbered
section 15 and is classified to section 712 of this title.
Another prior section 13 of Pub. L. 93–112 was classified to section 712 of this title prior to repeal by Pub.
L. 105–220.
AMENDMENTS
2014—Subsec. (c)(1). Pub. L. 113–128, § 406(1), designated existing provisions as par. (1) and substituted
1 So

§ 711

TITLE 29—LABOR

in original. There is no par. (2).

‘‘section 3141(d)(2) of this title’’ for ‘‘section 2871(d) of
this title’’.
Subsec. (d). Pub. L. 113–128, § 406(2), added subsec. (d).
Statutory Notes and Related Subsidiaries
EXCHANGE OF DATA
Pub. L. 102–569, title I, § 137, Oct. 29, 1992, 106 Stat.
4397, provided that: ‘‘The Secretary of Education and
the Secretary of Health and Human Services shall
enter into a memorandum of understanding for the purpose of exchanging data of mutual importance, regarding clients of State vocational rehabilitation agencies,
that are contained in databases maintained by the Rehabilitation Services Administration, as required under
section 13 of the Rehabilitation Act of 1973 ([former] 29
U.S.C. 712), and the Social Security Administration,
from its Summary Earnings and Records and Master
Beneficiary Records. For purposes of the exchange, the
Social Security data shall not be considered tax information and, as appropriate, the confidentiality of all
client information shall be maintained by both agencies.’’

§ 711. Evaluation
(a) Statement of purpose; standards; persons eligible to conduct evaluations
For the purpose of improving program management and effectiveness, the Secretary of
Education, in consultation with the Commissioner, shall evaluate all the programs authorized by this chapter, their general effectiveness
in relation to their cost, their impact on related
programs, and their structure and mechanisms
for delivery of services, using appropriate methodology and evaluative research designs. The
Secretary of Education shall establish and use
standards for the evaluations required by this
subsection. Such an evaluation shall be conducted by a person not immediately involved in
the administration of the program evaluated.
(b) Opinions of participants; data as property of
United States; availability of information
(1) In carrying out evaluations under this section, the Secretary of Education shall obtain
the opinions of program and project participants
about the strengths and weaknesses of the programs and projects.
(2) The Secretary of Education shall take the
necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds under this chapter shall
become the property of the United States.
(3) Such information as the Secretary of Education may determine to be necessary for purposes of the evaluations conducted under this
section shall be made available upon request of
the Secretary of Education, by the departments
and agencies of the executive branch.
(c) Longitudinal study
(1) To assess the linkages between vocational
rehabilitation services and economic and noneconomic outcomes, the Secretary of Education
shall continue to conduct a longitudinal study
of a national sample of applicants for the services.
(2) The study shall address factors related to
attrition and completion of the program
through which the services are provided and factors within and outside the program affecting
results. Appropriate comparisons shall be used

§ 712

TITLE 29—LABOR

to contrast the experiences of similar persons
who do not obtain the services.
(3) The study shall be planned to cover the period beginning on the application of individuals
with disabilities for the services, through the
eligibility determination and provision of services for the individuals, and a further period of
not less than 2 years after the termination of
services.
(d) Information on exemplary practices
(1) The Commissioner shall identify and disseminate information on exemplary practices
concerning vocational rehabilitation.
(2) To facilitate compliance with paragraph
(1), the Commissioner shall conduct studies and
analyses that identify exemplary practices concerning vocational rehabilitation, including
studies in areas relating to providing informed
choice in the rehabilitation process, promoting
consumer satisfaction, promoting job placement
and retention, providing supported employment,
providing services to particular disability populations, financing personal assistance services,
providing assistive technology devices and assistive technology services, entering into cooperative agreements, establishing standards and
certification for community rehabilitation programs, converting from nonintegrated to competitive integrated employment, and providing
caseload management.
(e) Authorities and responsibilities of Secretary
of Education and Commissioner
(1) The Secretary of Health and Human Services may carry out the authorities and shall
carry out the responsibilities of the Secretary of
Education described in subsections (a) and (b).
(2) The Administrator of the Administration
for Community Living may carry out the authorities and shall carry out the responsibilities
of the Commissioner described in subsections (a)
and (d)(1), except that, for purposes of applying
those subsections, a reference in those subsections to exemplary practices shall be considered to be a reference to exemplary practices
concerning independent living services and centers for independent living.
(f) References to ‘‘this chapter’’
(1) In subsections (a) through (d), a reference
to ‘‘this chapter’’ means a provision of this
chapter that the Secretary of Education has authority to carry out; and
(2) In subsection (e), for purposes of applying
subsections (a), (b), and (d), a reference in those
subsections to ‘‘this chapter’’ means a provision
of this chapter that the Secretary of Health and
Human Services has authority to carry out.
(g) Authorization of appropriations
There are authorized to be appropriated to
carry out this section such sums as may be necessary.
(Pub. L. 93–112, § 14, formerly § 12, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1110; renumbered § 14, Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–412; amended Pub. L. 113–128,
title IV, § 407(a), July 22, 2014, 128 Stat. 1638.)

Page 206
Editorial Notes
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, § 12, as added Pub.
L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2985;
amended Pub. L. 99–506, title I, § 104, title X, § 1001(a)(4),
Oct. 21, 1986, 100 Stat. 1811, 1841; Pub. L. 100–630, title II,
§ 201(e), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–569, title
I, § 105, Oct. 29, 1992, 106 Stat. 4361, related to administration of this chapter, prior to repeal by Pub. L.
105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See
section 709 of this title.
A prior section 14 of Pub. L. 93–112 was renumbered
section 16 and is classified to section 713 of this title.
Another prior section 14 of Pub. L. 93–112 was classified to section 713 of this title prior to repeal by Pub.
L. 105–220.
AMENDMENTS
2014—Pub. L. 113–128, § 407(a)(1), inserted ‘‘of Education’’ after ‘‘Secretary’’ wherever appearing.
Subsec. (b). Pub. L. 113–128, § 407(a)(3)(A)–(C), designated existing provisions as par. (1), redesignated
subsec. (c) as par. (2), and redesignated subsec. (d) as
par. (3).
Subsecs. (c), (d). Pub. L. 113–128, § 407(a)(3)(D), redesignated subsecs. (e) and (f) as (c) and (d), respectively.
Former subsecs. (c) and (d) redesignated pars. (2) and
(3), respectively, of subsec. (b).
Subsecs. (e), (f). Pub. L. 113–128, § 407(a)(4), added subsecs. (e) and (f). Former subsecs. (e) and (f) redesignated
(c) and (d), respectively.
Subsec. (f)(2). Pub. L. 113–128, § 407(a)(2), inserted
‘‘competitive’’ after ‘‘nonintegrated to’’.

§ 712. Information clearinghouse
(a) Establishment; information and resources for
individuals with disabilities
The Secretary of Education shall establish a
central clearinghouse for information and resource availability for individuals with disabilities which shall provide information and data
regarding—
(1) the location, provision, and availability
of services and programs for individuals with
disabilities, including such information and
data provided by State workforce development
boards regarding such services and programs
authorized under title I of such Act; 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 of Education considers appropriate.
(b) Information and data retrieval system
The Commissioner may assist the Secretary of
Education to develop within the Department of
Education a coordinated system of information
and data retrieval, which will have the capacity
and responsibility to provide information regarding the information and data referred to in
subsection (a) of this section to the Congress,
public and private agencies and organizations,
individuals with disabilities and their families,
1 See

References in Text note below.

Page 207

§ 715

TITLE 29—LABOR

professionals in fields serving such individuals,
and the general public.
(c) Office of Information and Resources for Individuals with Disabilities
The office established to carry out the provisions of this section shall be known as the ‘‘Office of Information and Resources for Individuals with Disabilities’’.
(d) Authorization of appropriations
There are authorized to be appropriated to
carry out this section such sums as may be necessary.
(Pub. L. 93–112, § 15, formerly § 13, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1113; renumbered § 15, Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–412; amended Pub. L. 113–128,
title IV, § 407(b), July 22, 2014, 128 Stat. 1639.)
Editorial Notes
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, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22,
2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of
the Act was classified principally to former chapter 30
(former § 2801 et seq.) of this title. Pursuant to section
3361(a) of this title, references to a provision of the
Workforce Investment Act of 1998 are deemed to refer
to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22,
2014, 128 Stat. 1425. For complete classification of the
Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short
Title note set out under section 3101 of this title and
Tables.
PRIOR 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, § 13, as added Pub.
L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2985;
amended Pub. L. 98–221, title I, § 102, Feb. 22, 1984, 98
Stat. 17; Pub. L. 99–506, title I, § 105, Oct. 21, 1986, 100
Stat. 1812; Pub. L. 102–569, title I, §§ 102(p)(4), 106, Oct.
29, 1992, 106 Stat. 4356, 4362; Pub. L. 104–66, title I,
§ 1042(c), Dec. 21, 1995, 109 Stat. 715, related to reports to
President and Congress, prior to repeal by Pub. L.
105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See
section 710 of this title.
A prior section 15 of Pub. L. 93–112 was renumbered
section 17 and is classified to section 714 of this title.
Another prior section 15 of Pub. L. 93–112 was classified to section 714 of this title prior to repeal by Pub.
L. 105–220.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128, § 407(b)(1)(A), inserted ‘‘of Education’’ after ‘‘Secretary’’ in introductory and concluding provisions.
Subsec. (a)(1). Pub. L. 113–128, § 407(b)(1)(B), substituted ‘‘State workforce development boards’’ for
‘‘State workforce investment boards’’.
Subsec. (b). Pub. L. 113–128, § 407(b)(2), substituted
‘‘Secretary of Education’’ for ‘‘Secretary’’.

§ 713. Transfer of funds
(a) Except as provided in subsection (b) of this
section, no funds appropriated under this chapter for any program or activity may be used for

any purpose other than that for which the funds
were specifically authorized.
(b) No more than 1 percent of funds appropriated for discretionary grants, contracts, or
cooperative agreements authorized by this chapter may be used for the purpose of providing
non-Federal panels of experts to review applications for such grants, contracts, or cooperative
agreements.
(Pub. L. 93–112, § 16, formerly § 14, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1113; renumbered § 16, Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–412.)
Editorial Notes
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, § 14, as added Pub.
L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2986;
amended Pub. L. 98–221, title I, § 103, Feb. 22, 1984, 98
Stat. 17; Pub. L. 99–506, title I, §§ 103(d)(2)(C), 106, title
X, § 1001(a)(5), Oct. 21, 1986, 100 Stat. 1810, 1812, 1841; Pub.
L. 100–630, title II, § 201(f), Nov. 7, 1988, 102 Stat. 3304;
Pub. L. 102–569, title I, §§ 102(p)(5), 107, Oct. 29, 1992, 106
Stat. 4356, 4362, related to program and project evaluation, prior to repeal by Pub. L. 105–220, title IV, § 403,
Aug. 7, 1998, 112 Stat. 1093. See section 711 of this title.
A prior section 16 of Pub. L. 93–112 was renumbered
section 18 and is classified to section 715 of this title.
Another prior section 16 of Pub. L. 93–112 was classified to section 715 of this title prior to repeal by Pub.
L. 105–220.

§ 714. State administration
The application of any State rule or policy relating to the administration or operation of programs funded by this chapter (including any
rule or policy based on State interpretation of
any Federal law, regulation, or guideline) shall
be identified as a State imposed requirement.
(Pub. L. 93–112, § 17, formerly § 15, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1114; renumbered § 17, Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–412.)
Editorial Notes
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, § 15, as added Pub.
L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2986;
amended Pub. L. 96–374, title XIII, § 1322, Oct. 3, 1980, 94
Stat. 1499; Pub. L. 98–221, title I, § 104(a)(1), Feb. 22, 1984,
98 Stat. 18; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21,
1986, 100 Stat. 1810; Pub. L. 102–569, title I, § 102(p)(6),
Oct. 29, 1992, 106 Stat. 4356, related to information clearinghouse, prior to repeal by Pub. L. 105–220, title IV,
§ 403, Aug. 7, 1998, 112 Stat. 1093. See section 712 of this
title.
A prior section 17 of Pub. L. 93–112 was renumbered
section 19 and is classified to section 716 of this title.
Another prior section 17 of Pub. L. 93–112 was classified to section 716 of this title prior to repeal by Pub.
L. 105–220.

§ 715. Review of applications
Applications for grants in excess of $100,000 in
the aggregate authorized to be funded under this

§ 716

TITLE 29—LABOR

chapter, other than grants primarily for the purpose of conducting dissemination or conferences,
shall be reviewed by panels of experts which
shall include a majority of non-Federal members. Non-Federal members may be provided
travel, per diem, and consultant fees not to exceed the daily equivalent of the rate of pay for
level 4 of the Senior Executive Service Schedule
under section 5382 of title 5.
(Pub. L. 93–112, § 18, formerly § 16, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1114; renumbered § 18, Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–412.)
Editorial Notes
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, § 16, as added Pub.
L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2987;
amended Pub. L. 99–506, title I, § 107, Oct. 21, 1986, 100
Stat. 1812; Pub. L. 102–569, title I, § 108(a), Oct. 29, 1992,
106 Stat. 4363, related to transfer of funds, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112
Stat. 1093. See section 713 of this title.
A prior section 18 of Pub. L. 93–112 was renumbered
section 20 and is classified to section 717 of this title.
Another prior section 18 of Pub. L. 93–112 was classified to section 717 of this title prior to repeal by Pub.
L. 105–220.

§ 716. Carryover
(a) In general
Except as provided in subsection (b), and notwithstanding any other provision of law—
(1) any funds appropriated for a fiscal year
to carry out any grant program under part B
of subchapter I, section 794e of this title (except as provided in section 794e(b) of this
title), subchapter VI, subpart 2 or 3 of part A
of subchapter VII, or part B of subchapter VII
(except as provided in section 796k(b) of this
title), including any funds reallotted under
any such grant program, that are not obligated and expended by recipients prior to the
beginning of the succeeding fiscal year; or
(2) any amounts of program income, including reimbursement payments under the Social
Security Act (42 U.S.C. 301 et seq.), received by
recipients under any grant program specified
in paragraph (1) that are not obligated and expended by recipients prior to the beginning of
the fiscal year succeeding the fiscal year in
which such amounts were received,
shall remain available for obligation and expenditure by such recipients during such succeeding fiscal year.
(b) Non-Federal share
Such funds shall remain available for obligation and expenditure by a recipient as provided
in subsection (a) only to the extent that the recipient complied with any Federal share requirements applicable to the program for the fiscal
year for which the funds were appropriated.
(Pub. L. 93–112, § 19, formerly § 17, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1114; renumbered § 19 and amended Pub. L.

Page 208

105–277, div. A, § 101(f) [title VIII, § 402(a)(1),
(b)(4)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412,
2681–413; Pub. L. 113–128, title IV, § 408, July 22,
2014, 128 Stat. 1639.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (a)(2),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and
Tables.
PRIOR 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, § 17, as added Pub.
L. 99–506, title I, § 108(a), Oct. 21, 1986, 100 Stat. 1812, related to State administration, prior to repeal by Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See
section 714 of this title.
A prior section 19 of Pub. L. 93–112 was renumbered
section 21 and is classified to section 718 of this title.
Another prior section 19 of Pub. L. 93–112 was classified to section 718 of this title prior to repeal by Pub.
L. 105–220.
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–128 substituted ‘‘subchapter VI’’ for ‘‘part B of subchapter VI’’.
1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(4)],
made technical amendment in the original to section
designation and catchline.

§ 717. Client assistance information
All programs, including community rehabilitation programs, and projects, that provide services to individuals with disabilities under this
chapter shall advise such individuals who are
applicants for or recipients of the services, or
the applicants’ representatives or individuals’
representatives, of the availability and purposes
of the client assistance program under section
732 of this title, including information on means
of seeking assistance under such program.
(Pub. L. 93–112, § 20, formerly § 18, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1114; renumbered § 20 and amended Pub. L.
105–277, div. A, § 101(f) [title VIII, § 402(a)(1),
(b)(5)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412,
2681–413.)
Editorial Notes
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, § 18, as added Pub.
L. 99–506, title I, § 109(a), Oct. 21, 1986, 100 Stat. 1813;
amended Pub. L. 100–630, title II, § 201(g), Nov. 7, 1988,
102 Stat. 3304; Pub. L. 102–569, title I, § 108(b), Oct. 29,
1992, 106 Stat. 4363, related to review of applications,
prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7,
1998, 112 Stat. 1093. See section 715 of this title.
A prior section 20 of Pub. L. 93–112 was classified to
section 718a of this title prior to repeal by Pub. L.
105–220.
AMENDMENTS
1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(5)],
made technical amendment to section designation and
catchline in the original.

Page 209

TITLE 29—LABOR

§ 718

§ 718. Traditionally underserved populations

(2) Activities

(a) Findings

The activities carried out by the Commissioner and the Director shall include one or
more of the following:
(A) Making awards to minority entities
and Indian tribes to carry out activities
under the programs authorized under subchapters II, III, VI, and VII.
(B) Making awards to minority entities
and Indian tribes to conduct research, training, technical assistance, or a related activity, to improve services provided under this
chapter, especially services provided to individuals from minority backgrounds.
(C) Making awards to entities described in
paragraph (3) to provide outreach and technical assistance to minority entities and Indian tribes to promote their participation in
activities funded under this chapter, including assistance to enhance their capacity to
carry out such activities.
(3) Eligibility
To be eligible to receive an award under
paragraph (2)(C), an entity shall be a State or
a public or private nonprofit agency or organization, such as an institution of higher education or an Indian tribe.
(4) Report
In each fiscal year, the Commissioner and
the Director shall prepare and submit to Congress a report that describes the activities
funded under this subsection for the preceding
fiscal year.
(5) Definitions

With respect to the programs authorized in
subchapters II through VII, the Congress finds
as follows:
(1) Racial profile
The demographic profile of America is rapidly changing. While the percentage increase
from 2000 to 2010 for white Americans was 9.7
percent, the percentage increase for racial and
ethnic minorities was much higher: 43.0 percent for Latinos, 12.3 percent for AfricanAmericans, and 43.2 percent for Asian-Americans.
(2) Rate of disability
Ethnic and racial minorities tend to have
disabling conditions at a disproportionately
high rate. In 2011—
(A) among Americans ages 16 through 64,
the rate of disability was 12.1 percent;
(B) among African-Americans in that age
range, the disability rate was more than
twice as high, at 27.1 percent; and
(C) for American Indians and Alaska Natives in the same age range, the disability
rate was also more than twice as high, at
27.0 percent.
(3) Inequitable treatment
Patterns of inequitable treatment of minorities have been documented in all major junctures of the vocational rehabilitation process.
As compared to white Americans, a larger percentage of African-American applicants to the
vocational rehabilitation system is denied acceptance. Of applicants accepted for service, a
larger percentage of African-American cases is
closed without being rehabilitated. Minorities
are provided less training than their white
counterparts. Consistently, less money is
spent on minorities than on their white counterparts.
(4) Recruitment
Recruitment efforts within vocational rehabilitation at the level of preservice training,
continuing education, and in-service training
must focus on bringing larger numbers of minorities into the profession in order to provide
appropriate practitioner knowledge, role models, and sufficient manpower to address the
clearly changing demography of vocational rehabilitation.
(b) Outreach to minorities
(1) In general
For each fiscal year, the Commissioner and
the Director of the National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this subsection as
the ‘‘Director’’) shall reserve 1 percent of the
funds appropriated for the fiscal year for programs authorized under subchapters II, III, VI,
and VII to carry out this subsection. The Commissioner and the Director shall use the reserved funds to carry out one or more of the
activities described in paragraph (2) through a
grant, contract, or cooperative agreement.

In this subsection:
(A) Historically Black college or university
The term ‘‘historically Black college or
university’’ means a part B institution, as
defined in section 1061(2) of title 20.
(B) Minority entity
The term ‘‘minority entity’’ means an entity that is a historically Black college or
university, a Hispanic-serving institution of
higher education, an American Indian tribal
college or university, or another institution
of higher education whose minority student
enrollment is at least 50 percent.
(c) Demonstration
In awarding grants, or entering into contracts
or cooperative agreements under subchapters I,
II, III, VI, and VII of this chapter, and section
794e of this title, the Commissioner and the Director of the National Institute on Disability,
Independent Living, and Rehabilitation Research, in appropriate cases, shall require applicants to demonstrate how the applicants will
address, in whole or in part, the needs of individuals with disabilities from minority backgrounds.
(Pub. L. 93–112, § 21, formerly § 19, as added Pub.
L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1115; renumbered § 21 and amended Pub. L.
105–277, div. A, § 101(f) [title VIII, § 402(a)(1),
(b)(6), (c)(3)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–412, 2681–413, 2681–415; Pub. L. 113–128, title
IV, § 409, July 22, 2014, 128 Stat. 1639.)

§ 720

TITLE 29—LABOR
Editorial Notes
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, § 403, Aug. 7, 1998, 112 Stat. 1093.
Section 718, Pub. L. 93–112, § 19, as added Pub. L.
102–569, title I, § 109(a), Oct. 29, 1992, 106 Stat. 4363;
amended Pub. L. 103–73, title I, § 104, Aug. 11, 1993, 107
Stat. 719, related to carryover of funds. See section 716
of this title.
Section 718a, Pub. L. 93–112, § 20, as added Pub. L.
102–569, title I, § 110(a), Oct. 29, 1992, 106 Stat. 4363;
amended Pub. L. 103–73, title I, § 105, Aug. 11, 1993, 107
Stat. 719, related to client assistance information. See
section 717 of this title.
Section 718b, Pub. L. 93–112, § 21, as added Pub. L.
102–569, title I, § 111(a), Oct. 29, 1992, 106 Stat. 4363;
amended Pub. L. 103–73, title I, § 106, Aug. 11, 1993, 107
Stat. 719, related to traditionally underserved populations.
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–128, § 409(1)(A), in first
sentence, substituted ‘‘demographic’’ for ‘‘racial’’; in
second sentence, substituted ‘‘While the percentage increase from 2000 to 2010’’ for ‘‘While the rate of increase’’, ‘‘was 9.7’’ for ‘‘is 3.2’’, ‘‘percentage increase for
racial’’ for ‘‘rate of increase for racial’’, ‘‘was much’’
for ‘‘is much’’, ‘‘43.0’’ for ‘‘38.6’’, ‘‘12.3’’ for ‘‘14.6’’, and
‘‘43.2’’ for ‘‘40.1’’ and struck out ‘‘and other ethnic
groups’’ before period at end; and struck out last sentence which read as follows: ‘‘By the year 2000, the Nation will have 260,000,000 people, one of every three of
whom will be either African-American, Latino, or
Asian-American.’’
Subsec. (a)(2). Pub. L. 113–128, § 409(1)(B), substituted
‘‘In 2011—’’ and subpars. (A) to (C) for second and third
sentences which read as follows: ‘‘The rate of work-related disability for American Indians is about one and
one-half times that of the general population. AfricanAmericans are also one and one-half times more likely
to be disabled than whites and twice as likely to be significantly disabled.’’
Subsec. (b)(1). Pub. L. 113–128, § 409(2), substituted
‘‘National Institute on Disability, Independent Living,
and Rehabilitation Research’’ for ‘‘National Institute
on Disability and Rehabilitation Research’’.
Subsec. (c). Pub. L. 113–128, § 409(3), substituted ‘‘Director of the National Institute on Disability, Independent Living, and Rehabilitation Research’’ for ‘‘Director’’.
1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(6)],
made technical amendment in original to section designation and catchline.
Subsec. (a)(3). Pub. L. 105–277, § 101(f) [title VIII,
§ 402(c)(3)], substituted ‘‘is denied’’ for ‘‘are denied’’ and
‘‘is closed’’ for ‘‘are closed’’.

SUBCHAPTER I—VOCATIONAL
REHABILITATION SERVICES
Editorial Notes
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.

Page 210

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, § 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.

PART A—GENERAL PROVISIONS
§ 720. Declaration of policy; authorization of appropriations
(a) Findings; purpose; policy
(1) Findings
Congress finds that—
(A) work—
(i) is a valued activity, both for individuals and society; and
(ii) fulfills the need of an individual to be
productive, promotes independence, enhances self-esteem, and allows for participation in the mainstream of life in the
United States;
(B) as a group, individuals with disabilities
experience staggering levels of unemployment and poverty;
(C) individuals with disabilities, including
individuals with the most significant disabilities, have demonstrated their ability to
achieve gainful employment in competitive
integrated employment settings if appropriate services and supports are provided;
(D) reasons for significant numbers of individuals with disabilities not working, or
working at levels not commensurate with
their abilities and capabilities, include—
(i) discrimination;
(ii) lack of accessible and available
transportation;
(iii) fear of losing health coverage under
the Medicare and Medicaid programs carried out under titles XVIII and XIX of the
Social Security Act (42 U.S.C. 1395 et seq.
and 1396 et seq.) or fear of losing private
health insurance; and
(iv) lack of education, training, and supports to meet job qualification standards
necessary to secure, retain, regain, or advance in employment;
(E) enforcement of subchapter V and of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) holds the promise of ending discrimination for individuals with disabilities;
(F) the provision of workforce development activities and vocational rehabilitation services can enable individuals with disabilities, including individuals with the
most significant disabilities, to pursue
meaningful careers by securing gainful employment commensurate with their abilities
and capabilities; and
(G) linkages between the vocational rehabilitation programs established under this
subchapter and other components of the
statewide workforce development systems
are critical to ensure effective and meaningful participation by individuals with disabilities in workforce development activities.

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TITLE 29—LABOR

(2) Purpose
The purpose of this subchapter is to assist
States in operating statewide comprehensive,
coordinated, effective, efficient, and accountable programs of vocational rehabilitation,
each of which is—
(A) an integral part of a statewide workforce development system; and
(B) designed to assess, plan, develop, and
provide vocational rehabilitation services
for individuals with disabilities, consistent
with their strengths, resources, priorities,
concerns, abilities, capabilities, interests,
informed choice, and economic self-sufficiency, so that such individuals may prepare
for and engage in gainful employment.
(3) Policy
It is the policy of the United States that
such a program shall be carried out in a manner consistent with the following principles:
(A) Individuals with disabilities, including
individuals with the most significant disabilities, are generally presumed to be capable of engaging in gainful employment and
the provision of individualized vocational rehabilitation services can improve their ability to become gainfully employed.
(B) Individuals with disabilities must be
provided the opportunities to obtain competitive integrated employment.
(C) Individuals who are applicants for such
programs or eligible to participate in such
programs must be active and full partners in
the vocational rehabilitation process, making meaningful and informed choices—
(i) during assessments for determining
eligibility and vocational rehabilitation
needs; and
(ii) in the selection of employment outcomes for the individuals, services needed
to achieve the outcomes, entities providing such services, and the methods used
to secure such services.
(D) Families and other natural supports
can play important roles in the success of a
vocational rehabilitation program, if the individual with a disability involved requests,
desires, or needs such supports.
(E) Vocational rehabilitation counselors
that are trained and prepared in accordance
with State policies and procedures as described in section 721(a)(7)(B) of this title
(referred to individually in this subchapter
as a ‘‘qualified vocational rehabilitation
counselor’’), other qualified rehabilitation
personnel, and other qualified personnel
should facilitate the accomplishment of the
employment outcomes and objectives of an
individual.
(F) Individuals with disabilities and the individuals’ representatives are full partners
in a vocational rehabilitation program and
must be involved on a regular basis and in a
meaningful manner with respect to policy
development and implementation.
(G) Accountability measures must facilitate the accomplishment of the goals and
objectives of the program, including providing vocational rehabilitation services to,
among others, individuals with the most significant disabilities.

§ 720

(b) Authorization of appropriations
(1) In general
For the purpose of making grants to States
under part B to assist States in meeting the
costs of vocational rehabilitation services provided in accordance with State plans under
section 721 of this title, there are authorized
to be appropriated $3,302,053,000 for each of the
fiscal years 2015 through 2020, except that the
amount to be appropriated for a fiscal year
shall not be less than the amount of the appropriation under this paragraph for the immediately preceding fiscal year, increased by the
percentage change in the Consumer Price
Index determined under subsection (c) for the
immediately preceding fiscal year.
(2) Reference
The reference in paragraph (1) to grants to
States under part B shall not be considered to
refer to grants under section 732 of this title.
(c) Consumer Price Index
(1) Percentage change
No later than November 15 of each fiscal
year (beginning with fiscal year 1979), the Secretary of Labor shall publish in the Federal
Register the percentage change in the Consumer Price Index published for October of the
preceding fiscal year and October of the fiscal
year in which such publication is made.
(2) Application
(A) Increase
If in any fiscal year the percentage change
published under paragraph (1) indicates an
increase in the Consumer Price Index, then
the amount to be appropriated under subsection (b)(1) for the subsequent fiscal year
shall be at least the amount appropriated
under subsection (b)(1) for the fiscal year in
which the publication is made under paragraph (1) increased by such percentage
change.
(B) No increase or decrease
If in any fiscal year the percentage change
published under paragraph (1) does not indicate an increase in the Consumer Price
Index, then the amount to be appropriated
under subsection (b)(1) for the subsequent
fiscal year shall be at least the amount appropriated under subsection (b)(1) for the fiscal year in which the publication is made
under paragraph (1).
(3) Definition
For purposes of this section, the term ‘‘Consumer Price Index’’ means the Consumer Price
Index for All Urban Consumers, published
monthly by the Bureau of Labor Statistics.
(d) Extension
(1) In general
(A) Authorization or duration of program
Unless the Congress in the regular session
which ends prior to the beginning of the terminal fiscal year—
(i) of the authorization of appropriations
for the program authorized by the State
grant program under part B of this subchapter; or

§ 721

TITLE 29—LABOR
(ii) of the duration of the program authorized by the State grant program under
part B of this subchapter;

has passed legislation which would have the
effect of extending the authorization or duration (as the case may be) of such program,
such authorization or duration is automatically extended for 1 additional year for the
program authorized by this subchapter.
(B) Calculation
The amount authorized to be appropriated
for the additional fiscal year described in
subparagraph (A) shall be an amount equal
to the amount appropriated for such program for fiscal year 2003, increased by the
percentage change in the Consumer Price
Index determined under subsection (c) for
the immediately preceding fiscal year, if the
percentage change indicates an increase.
(2) Construction
(A) Passage of legislation
For the purposes of paragraph (1)(A), Congress shall not be deemed to have passed legislation unless such legislation becomes law.
(B) Acts or determinations of Commissioner
In any case where the Commissioner is required under an applicable statute to carry
out certain acts or make certain determinations which are necessary for the continuation of the program authorized by this subchapter, if such acts or determinations are
required during the terminal year of such
program, such acts and determinations shall
be required during any fiscal year in which
the extension described in that part of paragraph (1) that follows clause (ii) of paragraph (1)(A) is in effect.
(Pub. L. 93–112, title I, § 100, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1116;
amended Pub. L. 113–128, title IV, § 411, July 22,
2014, 128 Stat. 1640.)
Editorial Notes
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 (§ 1395 et seq.) and XIX
(§ 1396 et seq.), respectively, of chapter 7 of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and
Tables.
The Americans with Disabilities Act of 1990, referred
to in subsec. (a)(1)(E), is Pub. L. 101–336, July 26, 1990,
104 Stat. 327, as amended, which is classified principally
to chapter 126 (§ 12101 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 720, Pub. L. 93–112, title I, § 100, Sept.
26, 1973, 87 Stat. 363; Pub. L. 93–516, title I, § 102(a), Dec.
7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 102(a), Nov.
21, 1974, 89 Stat. 2–3; Pub. L. 94–230, §§ 2(a), 11(b)(2), (3),
Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 95–602, title I,
§ 101(a), (b), Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98–221,
title I, § 111(a)–(d), Feb. 22, 1984, 98 Stat. 19; Pub. L.
99–506, title I, § 103(d)(2)(C), title II, § 201, Oct. 21, 1986,

Page 212

100 Stat. 1810, 1813; Pub. L. 100–630, title II, § 202(a), Nov.
7, 1988, 102 Stat. 3304; Pub. L. 102–52, § 2(a), (b)(1), June
6, 1991, 105 Stat. 260; Pub. L. 102–569, title I, § 121(a), (b),
Oct. 29, 1992, 106 Stat. 4365, 4367, related to congressional findings, purpose, policy, authorization of appropriations, change in Consumer Price Index, and extension of program, prior to the general amendment of
this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a)(1)(C). Pub. L. 113–128, § 411(a)(1)(A),
substituted ‘‘competitive integrated employment’’ for
‘‘integrated’’.
Subsec. (a)(1)(D)(iii). Pub. L. 113–128, § 411(a)(1)(B),
substituted ‘‘Medicare and Medicaid’’ for ‘‘medicare
and medicaid’’.
Subsec. (a)(1)(F). Pub. L. 113–128, § 411(a)(1)(C), substituted ‘‘development’’ for ‘‘investment’’.
Subsec. (a)(1)(G). Pub. L. 113–128, § 411(a)(1)(D), substituted ‘‘workforce development systems’’ for ‘‘workforce investment systems’’ and ‘‘workforce development activities’’ for ‘‘workforce investment activities’’.
Subsec. (a)(2)(A). Pub. L. 113–128, § 411(a)(2)(A), substituted ‘‘workforce development system’’ for ‘‘workforce investment system’’.
Subsec. (a)(2)(B). Pub. L. 113–128, § 411(a)(2)(B), substituted ‘‘informed choice, and economic self-sufficiency,’’ for ‘‘and informed choice,’’.
Subsec. (a)(3)(B). Pub. L. 113–128, § 411(a)(3)(A), substituted ‘‘competitive integrated employment’’ for
‘‘gainful employment in integrated settings’’.
Subsec. (a)(3)(E). Pub. L. 113–128, § 411(a)(3)(B), inserted ‘‘should’’ before ‘‘facilitate the accomplishment’’.
Subsec. (b)(1). Pub. L. 113–128, § 411(b), substituted
‘‘$3,302,053,000 for each of the fiscal years 2015 through
2020’’ for ‘‘such sums as may be necessary for fiscal
years 1999 through 2003’’.
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 721. State plans
(a) Plan requirements
(1) In general
(A) Submission
To be eligible to receive funds under this
subchapter for a fiscal year, a State shall
submit, and have approved by the Secretary
and the Secretary of Labor, a unified State
plan in accordance with section 102, or a
combined State plan in accordance with section 103, of the Workforce Innovation and
Opportunity Act [29 U.S.C. 3112, 3113]. The
unified or combined State plan shall include,
in the portion of the plan described in section 102(b)(2)(D) of such Act [29 U.S.C.
3112(b)(2)(D)] (referred to in this subsection
as the ‘‘vocational rehabilitation services
portion’’), the provisions of a State plan for
vocational rehabilitation services, described
in this subsection.
(B) Nonduplication
The State shall not be required to submit,
as part of the vocational rehabilitation services portion of the unified or combined State
plan submitted in accordance with subparagraph (A), policies, procedures, or descrip-

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TITLE 29—LABOR

tions 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 the effective date of the Workforce Innovation and
Opportunity Act.
(C) Duration
The vocational rehabilitation services portion of the unified or combined State plan
submitted in accordance with subparagraph
(A) shall remain in effect until the State
submits and receives approval of a new State
plan in accordance with subparagraph (A), or
until 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.
(2) Designated State agency; designated State
unit
(A) Designated State agency
The State plan for vocational rehabilitation services 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 voca-

§ 721

tional 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 who is responsible for the day-to-day operation of
the vocational rehabilitation program;
(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;
(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; and
(V) has the sole authority and responsibility within the designated State
agency described in subparagraph (A) to
expend funds made available under this
subchapter in a manner that is consistent with the purposes of this subchapter.
(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.
(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 rehabili-

§ 721

TITLE 29—LABOR

tation 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;
(D) notwithstanding subparagraph (C), permit the State, in its discretion, to elect to
serve eligible individuals (whether or not receiving vocational rehabilitation services)
who require specific services or equipment
to maintain employment; and
(E) 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 handi-

Page 214

capped’’, 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 mi-

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TITLE 29—LABOR

nority 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, including training implemented in coordination with entities carrying out State
programs under section 3003 of this title;
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 Workforce Innovation
and Opportunity Act;
(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) the establishment and maintenance
of education and experience requirements,
to ensure that the personnel have a 21st
century understanding of the evolving
labor force and the needs of individuals
with disabilities, including requirements
for—
(I)(aa) attainment of a baccalaureate
degree in a field of study reasonably related to vocational rehabilitation, to indicate a level of competency and skill
demonstrating basic preparation in a
field of study such as vocational rehabilitation counseling, social work, psychology, disability studies, business administration, human resources, special
education, supported employment, customized employment, economics, or another field that reasonably prepares individuals to work with consumers and employers; and
(bb) demonstrated paid or unpaid experience, for not less than 1 year, consisting of—
(AA) direct work with individuals
with disabilities in a setting such as an
independent living center;
(BB) direct service or advocacy activities that provide such individual

§ 721
with experience and skills in working
with individuals with disabilities; or
(CC) direct experience as an employer, as a small business owner or
operator, or in self-employment, or
other experience in human resources,
recruitment, or experience in supervising employees, training, or other
activities that provide experience in
competitive integrated employment
environments; or

(II) attainment of a master’s or doctoral degree in a field of study such as
vocational rehabilitation counseling,
law, social work, psychology, disability
studies, business administration, human
resources, special education, management, public administration, or another
field that reasonably provides competence in the employment sector, in a
disability field, or in both business-related and rehabilitation-related fields;
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 an accommodation or auxiliary aid or service or any
vocational rehabilitation service to an eligible individual, except those services
specified in paragraph (5)(E) 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

§ 721

TITLE 29—LABOR

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 development 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)(E), and in paragraphs (1) through (4) and
(14) of section 723(a) of this title), and, if appropriate, accommodations or auxiliary aids
and services, that are included in the individualized plan for employment of an eligible individual, including the provision of
such vocational rehabilitation services (including, if appropriate, accommodations or
auxiliary aids and 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)(E) and in paragraphs (1) through
(4) and (14) of section 723(a) of this title),
and accommodations or auxiliary aids and
services.
(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

Page 216

also considered to be vocational rehabilitation services (other than those specified
in paragraph (5)(E) 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

Page 217

TITLE 29—LABOR

shall require annual reporting of information, on eligible individuals receiving the
services, that is necessary to assess the
State’s performance on the standards and indicators described in section 726(a) of this
title 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, from
each State, 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 the
number of individuals determined to be ineligible (disaggregated by type of disability and age);
(ii) the number of individuals who received vocational rehabilitation services
through the program, including—
(I) the number who received services
under paragraph (5)(E), 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;
(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;
(IV) the number of individuals with
open cases (disaggregated by those who
are receiving training and those who are
in postsecondary education), and the
type of services the individuals are receiving (including supported employment);
(V) the number of students with disabilities who are receiving pre-employment transition services under this subchapter: 1 and
(VI) the number of individuals referred
to State vocational rehabilitation programs by one-stop operators (as defined
in section 3 of the Workforce Innovation
and Opportunity Act [29 U.S.C. 3102]),
and the number of individuals referred to
such one-stop operators by State vocational rehabilitation programs;
(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
1 So

in original. The colon probably should be a semicolon.

§ 721

(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, for those who achieved employment outcomes, the average length of
time to obtain employment; 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 Innovation and Opportunity
Act [29 U.S.C. 3111 et seq.] by eligible individuals; and
(ii) the results of annual evaluation by
the State of program effectiveness under
paragraph (15)(E).

§ 721

TITLE 29—LABOR

(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 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.
(G) Rules for reporting of data
The disaggregation of data under this
chapter shall not be required within a category if the number of individuals in a category is insufficient to yield statistically reliable information, or if the results would reveal personally identifiable information
about an individual.
(H) Comprehensive report
The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and
data required under this section, as well as a
summary of the reports and data, for each
fiscal year. The Commissioner shall submit
the report to the Committee on Education
and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the
Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee

Page 218

on Appropriations of the Senate, not later
than 90 days after the end of the fiscal year
involved.
(11) Cooperation, collaboration, and coordination
(A) Cooperative agreements with other components of statewide workforce development 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 development 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 development activities in the State through
the promotion of program accessibility
(including programmatic accessibility
and physical 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 development 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 development 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

Page 219

TITLE 29—LABOR

carrying out activities through the statewide workforce development 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 the State programs carried out
under section 3003 of this title, programs
carried out by the Under Secretary for Rural
Development of the Department of Agriculture, noneducational agencies serving
out-of-school youth, and State use contracting programs, to the extent that such
Federal, State, and local agencies and programs are not carrying out activities
through the statewide workforce development 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,
including pre-employment transition 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,
which may be provided using alternative
means for meeting participation (such as
video conferences and conference calls), 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 implementation 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 employers
The State plan shall describe how the designated State unit will work with employers
to identify competitive integrated employment opportunities and career exploration
opportunities, in order to facilitate the provision of—
(i) vocational rehabilitation services;
and
(ii) transition services for youth with
disabilities and students with disabilities,

§ 721

such as pre-employment transition services.
(F) 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
of part A of subchapter VII within the State
have developed working relationships and
coordinate their activities, as appropriate.
(G) Cooperative agreement regarding individuals eligible for home and communitybased waiver programs
The State plan shall include an assurance
that the designated State unit has entered
into a formal cooperative agreement with
the State agency responsible for administering the State Medicaid plan under title
XIX of the Social Security Act (42 U.S.C.
1396 et seq.) and the State agency with primary responsibility for providing services
and supports for individuals with intellectual disabilities and individuals with developmental disabilities, with respect to the delivery of vocational rehabilitation services,
including extended services, for individuals
with the most significant disabilities who
have been determined to be eligible for home
and community-based services under a Medicaid waiver, Medicaid State plan amendment, or other authority related to a State
Medicaid program.
(H) 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. 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 on or near a reservation or tribal service area are provided
vocational rehabilitation services;
(iii) strategies for the provision of transition planning, by personnel of the designated State unit, the State educational
agency, and the recipient of funds under
part C, that will facilitate the development and approval of the individualized
plans for employment under section 722 of
this title; and
(iv) provisions for sharing resources in
cooperative studies and assessments, joint
training activities, and other collaborative
activities designed to improve the provi-

§ 721

TITLE 29—LABOR

sion of services to American Indians who
are individuals with disabilities.
(I) Coordination with assistive technology
programs
The State plan shall include an assurance
that the designated State unit, and the lead
agency and implementing entity (if any) designated by the Governor of the State under
section 3003 of this title, have developed
working relationships and will enter into
agreements for the coordination of their activities, including the referral of individuals
with disabilities to programs and activities
described in that section.
(J) Coordination with ticket to work and
self-sufficiency program
The State plan shall include an assurance
that the designated State unit will coordinate activities with any other State agency
that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section
1148 of the Social Security Act (42 U.S.C.
1320b–19).
(K) Interagency cooperation
The State plan shall describe how the designated State agency or agencies (if more
than 1 agency is designated under paragraph
(2)(A)) will collaborate with the State agency responsible for administering the State
Medicaid plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), the
State agency responsible for providing services for individuals with developmental disabilities, and the State agency responsible
for providing mental health services, to develop opportunities for community-based
employment in integrated settings, to the
greatest extent practicable.
(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,
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) Semiannual 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) a semiannual review and reevaluation
of the status of each individual with a disability served under this subchapter who is
employed 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

Page 220

(29 U.S.C. 214(c)) for 2 years after the beginning of such employment, and annually
thereafter, to determine the interests, priorities, and needs of the individual with respect to competitive integrated employment
or training for competitive integrated 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;
(C) maximum efforts, including the identification and provision of vocational rehabilitation services, reasonable accommodations,
and other necessary support services, to assist individuals described in subparagraph
(A) in attaining competitive integrated employment; and
(D) an assurance that the State will report
the information generated under subparagraphs (A), (B), and (C), for each of the individuals, to the Administrator of the Wage
and Hour Division of the Department of
Labor for each fiscal year, not later than 60
days after the end of the fiscal year.
(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;
(III)
individuals
with
disabilities
served through other components of the
statewide workforce development system
(other than the vocational rehabilitation
program), as identified by such individuals and personnel assisting such individuals through the components; and
(IV) youth with disabilities, and students with disabilities, including their
need for pre-employment transition services or other transition services;
(ii) include an assessment of the needs of
individuals with disabilities for transition
services and pre-employment transition
services, and the extent to which such
services provided under this chapter are
coordinated with transition services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)
in order to meet the needs of individuals
with disabilities.
(iii) include an assessment of the need to
establish, develop, or improve community

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TITLE 29—LABOR

rehabilitation programs within the State;
and
(iv) 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 and under subchapter VI, 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;
(iii) the number of individuals who are
eligible for services under this subchapter,
but are not receiving such services due to
an order of selection; and
(iv) 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

§ 721

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) the methods to be used to improve
and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed
to facilitate the transition of such students from the receipt of educational services in school to postsecondary life (including the receipt of vocational rehabilitation services under this subchapter,
postsecondary education, employment,
and pre-employment transition services);
(iv) where necessary, the plan of the
State for establishing, developing, or improving community rehabilitation programs;
(v) 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
(vi) strategies for assisting entities carrying out other components of the statewide workforce development 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—

§ 721

TITLE 29—LABOR
(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;

Page 222

(B) the provisions of section 776 2 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
2 See

References in Text note below.

Page 223

TITLE 29—LABOR

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 development 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 development 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 sum-

§ 721

mary 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), 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 subchapter VI, 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.

§ 721

TITLE 29—LABOR

(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, 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.
(25) Services for students with disabilities
The State plan shall provide an assurance
that, with respect to students with disabilities, the State—
(A) has developed and will implement—
(i) strategies to address the needs identified in the assessments described in paragraph (15); and
(ii) strategies to achieve the goals and
priorities identified by the State, in accordance with paragraph (15), to improve
and expand vocational rehabilitation services for students with disabilities on a
statewide basis; and
(B) has developed and will implement
strategies to provide pre-employment transition services.
(26) Job growth and development
The State plan shall provide an assurance
describing how the State will utilize initiatives involving in-demand industry sectors or
occupations under sections 106(c) and 108 of
the Workforce Innovation and Opportunity
Act [29 U.S.C. 3121(c), 3123] to increase competitive integrated employment opportunities
for individuals with disabilities.
(b) Submission; approval; modification
The State plan for vocational rehabilitation
services shall be subject to—
(1) subsection (c) of section 102 of the Workforce Innovation and Opportunity Act [29
U.S.C. 3112], in a case in which that plan is a
portion of the unified State plan described in
that section 102; and
(2) subsection (b), and paragraphs (1), (2), and
(3) of subsection (c), of section 103 of such Act
[29 U.S.C. 3113] in a case in which that State
plan for vocational rehabilitation services is a
portion of the combined State plan described
in that section 103.
(c) Construction
Nothing in this part shall be construed to reduce the obligation under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.) of a local educational agency or any other
agency to provide or pay for any transition serv-

Page 224

ices that are also considered special education
or related services and that are necessary for ensuring a free appropriate public education to
children with disabilities within the State involved.
(Pub. L. 93–112, title I, § 101, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1119;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(c)(4)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–415; Pub. L. 108–446, title III, § 305(h)(1), Dec.
3, 2004, 118 Stat. 2805; Pub. L. 113–128, title IV,
§ 412, July 22, 2014, 128 Stat. 1641.)
Editorial Notes
REFERENCES IN TEXT
For the effective date of the Workforce Innovation
and Opportunity Act, referred to in subsec. (a)(1)(B),
see section 506 of Pub. L. 113–128, set out as a note
under section 3101 of this title.
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 (§ 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 (§ 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 subsecs. (a)(7)(A)(ii), (15)(A)(ii) and (c), is
title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as
amended, which is classified generally to chapter 33
(§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of
Title 20 and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(7)(A)(v)(II), (10)(D)(i), is Pub. L.
113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30
(§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.)
of Title 20, Education, and made amendments to numerous other sections and notes in the Code. Title I of
the Act is classified generally to subchapter I (§ 3111 et
seq.) of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 3101 of this title and Tables.
The Social Security Act, referred to in subsec.
(a)(11)(G), (K), is act Aug. 14, 1935, ch. 531, 49 Stat. 620.
Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see section 1305 of Title 42 and
Tables.
Section 776 of this title, referred to in subsec.
(a)(17)(B), was in the original a reference to section 306
which was renumbered section 304 of Pub. L. 93–112 by
Pub. L. 113–128, title IV, § 443(2), July 22, 2014, 128 Stat.
1674.
PRIOR PROVISIONS
A prior section 721, Pub. L. 93–112, title I, § 101, Sept.
26, 1973, 87 Stat. 363; Pub. L. 93–516, title I, § 111(b)–(d),
Dec. 7, 1974, 88 Stat. 1619, 1620; Pub. L. 93–651, title I,
§ 111(b)–(d), Nov. 21, 1974, 89 Stat. 2–5; Pub. L. 95–602,
title I, §§ 102, 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987;
Pub. L. 98–221, title I, § 104(a)(2), Feb. 22, 1984, 98 Stat.
18; Pub. L. 98–524, § 4(f), Oct. 19, 1984, 98 Stat. 2489; Pub.
L. 99–506, title I, § 103(d)(2), title II, § 202, title X,
§ 1001(b)(1)–(4), Oct. 21, 1986, 100 Stat. 1810, 1814, 1841,
1842; Pub. L. 100–630, title II, § 202(b), Nov. 7, 1988, 102
Stat. 3304; Pub. L. 102–54, § 13(k)(1)(A), June 13, 1991, 105

Page 225

TITLE 29—LABOR

Stat. 276; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat.
607; Pub. L. 102–569, title I, §§ 102(o), (p)(7), 122, Oct. 29,
1992, 106 Stat. 4355, 4356, 4367; Pub. L. 103–73, title I,
§§ 102(2), 107(a), Aug. 11, 1993, 107 Stat. 718, 719; Pub. L.
104–106, div. D, title XLIII, § 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
2014—Subsec. (a)(1)(A). Pub. L. 113–128, § 412(a)(1)(A),
substituted ‘‘to receive funds under this subchapter for
a fiscal year, a State shall submit, and have approved
by the Secretary and the Secretary of Labor, a unified
State plan in accordance with section 102, or a combined State plan in accordance with section 103, of the
Workforce Innovation and Opportunity Act. The unified or combined State plan shall include, in the portion of the plan described in section 102(b)(2)(D) of such
Act (referred to in this subsection as the ‘vocational rehabilitation services portion’), the provisions of a State
plan for vocational rehabilitation services, described in
this subsection.’’ for ‘‘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.’’
Subsec. (a)(1)(B). Pub. L. 113–128, § 412(a)(1)(B), substituted ‘‘as part of the vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A),’’ for ‘‘in
the State plan for vocational rehabilitation services,’’
and ‘‘the effective date of the Workforce Innovation
and Opportunity Act’’ for ‘‘the effective date of the Rehabilitation Act Amendments of 1998’’, which had been
translated as ‘‘August 7, 1998’’.
Subsec. (a)(1)(C). Pub. L. 113–128, § 412(a)(1)(C), substituted ‘‘The vocational rehabilitation services portion of the unified or combined State plan submitted in
accordance with subparagraph (A) shall remain in effect until the State submits and receives approval of a
new State plan in accordance with subparagraph (A), or
until the submission of such modifications’’ for ‘‘The
State plan shall remain in effect subject to the submission of such modifications’’ and struck out ‘‘, until the
State submits and receives approval of a new State
plan’’ before period at end.
Subsec. (a)(2)(A). Pub. L. 113–128, § 412(a)(2)(A), substituted ‘‘The State plan for vocational rehabilitation
services’’ for ‘‘The State plan’’ in introductory provisions.
Subsec.
(a)(2)(B)(ii)(II).
Pub.
L.
113–128,
§ 412(a)(2)(B)(i), inserted ‘‘who is responsible for the
day-to-day operation of the vocational rehabilitation
program’’ before semicolon at end.
Subsec.
(a)(2)(B)(ii)(V).
Pub.
L.
113–128,
§ 412(a)(2)(B)(ii)–(iv), added subcl. (V).
Subsec. (a)(5)(D), (E). Pub. L. 113–128, § 412(a)(3), added
subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (a)(7)(A)(v)(I). Pub. L. 113–128, § 412(a)(4)(A)(i),
inserted ‘‘, including training implemented in coordination with entities carrying out State programs under
section 3003 of this title’’ after ‘‘rehabilitation technology’’.
Subsec.
(a)(7)(A)(v)(II).
Pub.
L.
113–128,
§ 412(a)(4)(A)(ii), substituted ‘‘Workforce Innovation and
Opportunity Act’’ for ‘‘Rehabilitation Act Amendments
of 1998’’.
Subsec. (a)(7)(B)(ii). Pub. L. 113–128, § 412(a)(4)(B),
added cl. (ii) and struck out former cl. (ii) which read
as follows: ‘‘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’’.
Subsec. (a)(8)(A)(i). Pub. L. 113–128, § 412(a)(5)(A), in
introductory provisions, inserted ‘‘an accommodation
or auxiliary aid or service or’’ after ‘‘prior to providing’’ and substituted ‘‘(5)(E)’’ for ‘‘(5)(D)’’.

§ 721

Subsec. (a)(8)(B). Pub. L. 113–128, § 412(a)(5)(B)(i), in
introductory provisions, substituted ‘‘Medicaid’’ for
‘‘medicaid’’, ‘‘workforce development system’’ for
‘‘workforce investment system’’, and ‘‘(5)(E)’’ for
‘‘(5)(D)’’, inserted ‘‘and, if appropriate, accommodations or auxiliary aids and services,’’ before ‘‘that are
included’’, and substituted ‘‘provision of such vocational rehabilitation services (including, if appropriate,
accommodations or auxiliary aids and services)’’ for
‘‘provision of such vocational rehabilitation services’’.
Subsec. (a)(8)(B)(iv). Pub. L. 113–128, § 412(a)(5)(B)(ii),
substituted ‘‘(5)(E)’’ for ‘‘(5)(D)’’ and inserted ‘‘, and accommodations or auxiliary aids and services’’ before
period at end.
Subsec. (a)(8)(C)(i). Pub. L. 113–128, § 412(a)(5)(C), substituted ‘‘(5)(E)’’ for ‘‘(5)(D)’’.
Subsec. (a)(10)(B). Pub. L. 113–128, § 412(a)(6)(A), substituted ‘‘annual reporting of information, on eligible
individuals receiving the services, that is necessary to
assess the State’s performance on the standards and indicators described in section 726(a) of this title’’ for
‘‘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’’.
Subsec. (a)(10)(C). Pub. L. 113–128, § 412(a)(6)(B)(i), inserted ‘‘, from each State,’’ after ‘‘additional data’’ in
introductory provisions.
Subsec. (a)(10)(C)(i). Pub. L. 113–128, § 412(a)(6)(B)(ii),
added cl. (i) and struck out former cl. (i) which read as
follows: ‘‘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;’’.
Subsec.
(a)(10)(C)(ii)(I).
Pub.
L.
113–128,
§ 412(a)(6)(B)(iii)(I), substituted ‘‘(5)(E)’’ for ‘‘(5)(D)’’.
Subsec. (a)(10)(C)(ii)(IV) to (VI). Pub. L. 113–128,
§ 412(a)(6)(B)(iii)(II), (III), added subcls. (IV) to (VI).
Subsec.
(a)(10)(C)(iv)(I).
Pub.
L.
113–128,
§ 412(a)(6)(B)(iv), inserted ‘‘and, for those who achieved
employment outcomes, the average length of time to
obtain employment’’ before semicolon.
Subsec. (a)(10)(D)(i). Pub. L. 113–128, § 412(a)(6)(C), substituted ‘‘title I of the Workforce Innovation and Opportunity Act’’ for ‘‘title I of the Workforce Investment
Act of 1998’’.
Subsec. (a)(10)(E)(ii). Pub. L. 113–128, § 412(a)(6)(D),
substituted ‘‘of the State in meeting the standards and
indicators established pursuant to section 726 of this
title.’’ for ‘‘of the State in meeting—
‘‘(I) the State performance measures established
under section 136(b) of the Workforce Investment Act
of 1998, 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.’’
Subsec. (a)(10)(G), (H). Pub. L. 113–128, § 412(a)(6)(E),
added subpars. (G) and (H).
Subsec. (a)(11)(A). Pub. L. 113–128, § 412(a)(7)(A)(i), (ii),
substituted ‘‘workforce development systems’’ for
‘‘workforce investment systems’’ in heading and
‘‘workforce development system’’ for ‘‘workforce investment system’’ in introductory provisions.
Subsec.
(a)(11)(A)(i)(II).
Pub.
L.
113–128,
§ 412(a)(7)(A)(iii), substituted ‘‘development’’ for ‘‘investment’’ and inserted ‘‘(including programmatic accessibility and physical accessibility)’’ after ‘‘program
accessibility’’.
Subsec. (a)(11)(A)(ii). Pub. L. 113–128, § 412(a)(7)(A)(iv),
substituted ‘‘workforce development system’’ for
‘‘workforce investment system’’.
Subsec. (a)(11)(A)(v). Pub. L. 113–128, § 412(a)(7)(A)(v),
substituted ‘‘workforce development system’’ for
‘‘workforce investment system’’.

§ 722

TITLE 29—LABOR

Subsec. (a)(11)(B). Pub. L. 113–128, § 412(a)(7)(B), substituted ‘‘workforce development system’’ for ‘‘workforce investment system’’.
Subsec. (a)(11)(C). Pub. L. 113–128, § 412(a)(7)(C), inserted ‘‘the State programs carried out under section
3003
of
this
title,’’
after
‘‘including’’
and
‘‘, noneducational
agencies
serving
out-of-school
youth,’’ after ‘‘Agriculture’’ and substituted ‘‘such Federal, State, and local agencies and programs’’ for ‘‘such
agencies and programs’’ and ‘‘workforce development
system’’ for ‘‘workforce investment system’’.
Subsec. (a)(11)(D). Pub. L. 113–128, § 412(a)(7)(D), inserted ‘‘, including pre-employment transition services,’’ after ‘‘vocational rehabilitation services’’ in introductory provisions and ‘‘, which may be provided
using alternative means for meeting participation
(such as video conferences and conference calls),’’ after
‘‘consultation and technical assistance’’ in cl. (i) and
substituted ‘‘implementation’’ for ‘‘completion’’ in cl.
(ii).
Subsec. (a)(11)(E). Pub. L. 113–128, § 412(a)(7)(F), added
subpar. (E). Former subpar. (E) redesignated (F).
Subsec. (a)(11)(F). Pub. L. 113–128, § 412(a)(7)(G), made
technical amendment to reference in original act which
appears in text as reference to subpart 3 of part A of
subchapter VII and inserted ‘‘, as appropriate’’ before
period at end.
Pub. L. 113–128, § 412(a)(7)(E), redesignated subpar. (E)
as (F). Former subpar. (F) redesignated (H).
Subsec. (a)(11)(G). Pub. L. 113–128, § 412(a)(7)(H), added
subpar. (G).
Subsec. (a)(11)(H). Pub. L. 113–128, § 412(a)(7)(E), redesignated subpar. (F) as (H).
Subsec. (a)(11)(H)(ii) to (iv). Pub. L. 113–128,
§ 412(a)(7)(I), inserted ‘‘on or’’ before ‘‘near’’ and struck
out ‘‘and’’ after semicolon in cl. (ii), added cl. (iii), and
redesignated former cl. (iii) as (iv).
Subsec. (a)(11)(I) to (K). Pub. L. 113–128, § 412(a)(7)(J),
added subpars. (I) to (K).
Subsec. (a)(14). Pub. L. 113–128, § 412(a)(8)(A), substituted ‘‘Semiannual’’ for ‘‘Annual’’ in heading.
Subsec. (a)(14)(A). Pub. L. 113–128, § 412(a)(8)(B), substituted ‘‘a semiannual’’ for ‘‘an annual’’, ‘‘is employed’’ for ‘‘has achieved an employment outcome’’,
‘‘beginning of such employment, and annually thereafter’’ for ‘‘achievement of the outcome (and thereafter
if requested by the individual or, if appropriate, the individual’s representative)’’, and ‘‘to competitive integrated employment or training for competitive integrated employment;’’ for ‘‘to competitive employment
or training for competitive employment;’’.
Subsec.
(a)(14)(C),
(D).
Pub.
L.
113–128,
§ 412(a)(8)(C)–(E), substituted ‘‘individuals described in
subparagraph (A) in attaining competitive integrated
employment; and’’ for ‘‘the individuals described in
subparagraph (A) in engaging in competitive employment.’’ in subpar. (C) and added subpar. (D).
Subsec.
(a)(15)(A)(i)(III).
Pub.
L.
113–128,
§ 412(a)(9)(A)(i)(II)(aa), substituted ‘‘workforce development system’’ for ‘‘workforce investment system’’.
Subsec.
(a)(15)(A)(i)(IV).
Pub.
L.
113–128,
§ 412(a)(9)(A)(i)(I), (II)(bb), (III), added subcl. (IV).
Subsec. (a)(15)(A)(ii) to (iv). Pub. L. 113–128,
§ 412(a)(9)(A)(ii), (iii), added cl. (ii) and redesignated
former cls. (ii) and (iii) as (iii) and (iv), respectively.
Subsec. (a)(15)(B)(ii). Pub. L. 113–128, § 412(a)(9)(B)(i),
substituted ‘‘subchapter VI’’ for ‘‘part B of subchapter
VI’’.
Subsec.
(a)(15)(B)(iii),
(iv).
Pub.
L.
113–128,
§ 412(a)(9)(B)(ii), (iii), added cl. (iii) and redesignated
former cl. (iii) as (iv).
Subsec. (a)(15)(D)(iii) to (vi). Pub. L. 113–128,
§ 412(a)(9)(C), added cl. (iii), redesignated former cls.
(iii) to (v) as (iv) to (vi), respectively, and, in cl. (vi),
substituted ‘‘workforce development system’’ for
‘‘workforce investment system’’.
Subsec. (a)(20)(A), (B)(i). Pub. L. 113–128, § 412(a)(10),
substituted ‘‘workforce development system’’ for
‘‘workforce investment system’’.
Subsec. (a)(22). Pub. L. 113–128, § 412(a)(11), substituted
‘‘subchapter VI’’ for ‘‘part B of subchapter VI’’.

Page 226

Subsec. (a)(25), (26). Pub. L. 113–128, § 412(a)(12), added
pars. (25) and (26).
Subsec. (b). Pub. L. 113–128, § 412(b), amended subsec.
(b) generally. Prior to amendment, subsec. (b) related
to approval and disapproval of State plans.
Subsec. (c). Pub. L. 113–128, § 412(c), added subsec. (c).
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, § 101(f) [title
VIII, § 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, § 101(f)
[title VIII, § 402(c)(4)(B)], substituted ‘‘commission’’ for
‘‘Commission’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 722. Eligibility and individualized plan for employment
(a) Eligibility
(1) Criterion for eligibility
An individual is eligible for assistance under
this subchapter if the individual—
(A) has undergone an assessment for determining eligibility and vocational rehabilitation needs and as a result has been determined to be an individual with a disability
under section 705(20)(A) of this title; and
(B) requires vocational rehabilitation services to prepare for, secure, retain, advance
in, or regain employment that is consistent
with the individual’s strengths, resources,
priorities, concerns, abilities, capabilities,
interests, and informed choice.
For purposes of an assessment for determining
eligibility and vocational rehabilitation needs
under this chapter, an individual shall be presumed to have a goal of an employment outcome.
(2) Presumption of benefit
(A) Applicants
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.
(B) Responsibilities
Prior to determining under this subsection
that an applicant described in subparagraph
(A) is unable to benefit due to the severity of
the individual’s disability or that the individual is ineligible for vocational rehabilitation services, 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

Page 227

TITLE 29—LABOR

this title, with appropriate supports provided through the designated State unit.
Such experiences shall be of sufficient variety and over a sufficient period of time to
determine the eligibility of the individual.
In providing the trial experiences, the designated State unit shall provide the individual with the opportunity to try different
employment experiences, including supported employment, and the opportunity to
become employed in competitive integrated
employment.
(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
due to the severity of the individual’s disability (as of the date of the determination).
(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) 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,

§ 722

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, after the designated State unit carries
out the activities described in paragraph
(2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 705(2)(A)(ii) of this title, an
individual who applies for services under this
subchapter is determined 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 shall be
an individualized one, based on the available
data, and shall not be based on assumptions
about broad categories of disabilities;
(B) 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;
(C) 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, including the clear and convincing evidence
that forms the basis for the determination
of ineligibility; 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);
(D) 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
(E) 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

§ 722

TITLE 29—LABOR

(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), 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 from a qualified vocational rehabilitation counselor or, as appropriate, a disability advocacy organization 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); 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.

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(2) Individuals desiring to enter the workforce
For an individual entitled to benefits under
title II or XVI of the Social Security Act (42
U.S.C. 401 et seq., 1381 et seq.) on the basis of
a disability or blindness, the designated State
unit shall provide to the individual general information on additional supports and assistance for individuals with disabilities desiring
to enter the workforce, including assistance
with benefits planning.
(3) 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).
(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;
(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 voca-

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TITLE 29—LABOR

tional rehabilitation counselor employed
by the designated State unit); and
(iii) amended, as necessary, to include
the postemployment services and service
providers that are necessary for the individual to maintain or regain employment,
consistent with the individual’s strengths,
resources, priorities, concerns, abilities,
capabilities,
interests,
and
informed
choice.
(F) Timeframe for completing the individualized plan for employment
The individualized plan for employment
shall be developed as soon as possible, but
not later than a deadline of 90 days after the
date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline
to a specific date by which the individualized plan for employment shall be completed.
(4) 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, consistent with the general goal of competitive
integrated employment (except that in the
case of an eligible individual who is a student, the description may be a description of
the student’s projected postschool employment outcome);
(B)(i) a description of the specific vocational rehabilitation services that are—
(I) needed to achieve the employment
outcome, including, as appropriate—
(aa) the provision of assistive technology devices and assistive technology
services (including referrals described in
section 723(a)(3) of this title to the device reutilization programs and demonstrations described in subparagraphs
(B) and (D) of section 3003(e)(2) of this
title through agreements developed
under section 721(a)(11)(I) of this title;
and
(bb) personal assistance services (including training in the management of
such services);
(II) in the case of a plan for an eligible
individual that is a student, the specific
transition services and supports needed to
achieve the student’s employment outcome or projected postschool employment
outcome; and
(III) 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

§ 722

(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;
(G) as determined to be necessary, a statement of projected need for post-employment
services; and
(H) for an individual who also is receiving
assistance from an employment network
under the Ticket to Work and Self-Sufficiency Program established under section
1148 of the Social Security Act (42 U.S.C.
1320b–19), a description of how responsibility
for service delivery will be divided between
the employment network and the designated
State unit.
(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 appli-

§ 722

TITLE 29—LABOR

cants or eligible individuals. The procedures
shall allow an applicant or an eligible individual the opportunity to request mediation,
an impartial due process hearing, or both procedures.
(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);
(iii) the availability of assistance from
the client assistance program under section 732 of this title; and
(iv) any applicable State limit on the
time by which a request for mediation
under paragraph (4) or a hearing under
paragraph (5) shall be made, and any required procedure by which the request
shall be made.
(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—

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(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, on reviewing the evidence presented, shall issue a written decision based on the provisions of the approved
State plan, requirements specified in 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 written decision to the applicant or eligible individual,
or, as appropriate, the applicant’s representative or individual’s representative, and to
the designated State unit. The impartial
hearing officer shall have the authority to
render a decision and require actions regard-

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TITLE 29—LABOR

ing the applicant’s or eligible individual’s
vocational rehabilitation services under this
subchapter.
(B) List
The designated State unit shall maintain a
list of qualified impartial hearing officers
who are knowledgeable about Federal 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;

§ 722

(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

§ 722

TITLE 29—LABOR

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

Page 232

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.
(Pub. L. 93–112, title I, § 102, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1138;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(c)(5)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–415; Pub. L. 113–128, title IV, § 413, July 22,
2014, 128 Stat. 1649.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsecs.
(a)(3)(A) and (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat.

Page 233

TITLE 29—LABOR

620. Titles II and XVI of the Act are classified generally
to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.),
respectively, of chapter 7 of Title 42, The Public Health
and Welfare. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 722, Pub. L. 93–112, title I, § 102, Sept.
26, 1973, 87 Stat. 368; Pub. L. 93–516, title I, § 111(e), Dec.
7, 1974, 88 Stat. 1620; Pub. L. 93–651, title I, § 111(e), Nov.
21, 1974, 89 Stat. 2–5; Pub. L. 95–602, title I, §§ 103,
122(b)(1), Nov. 6, 1978, 92 Stat. 2959, 2987; Pub. L. 98–221,
title I, §§ 104(a)(3), 112, Feb. 22, 1984, 98 Stat. 18, 20; Pub.
L. 99–506, title I, § 103(d)(2)(A), (B), title II, § 203, title X,
§ 1001(b)(5), Oct. 21, 1986, 100 Stat. 1810, 1815, 1842; Pub. L.
100–630, title II, § 202(c), Nov. 7, 1988, 102 Stat. 3305; Pub.
L. 102–569, title I, §§ 102(p)(8), 123, Oct. 29, 1992, 106 Stat.
4357, 4375; Pub. L. 103–73, title I, § 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
2014—Subsec. (a)(1). Pub. L. 113–128, § 413(a)(1)(C),
which directed the insertion ‘‘at the end’’ of ‘‘For purposes of an assessment for determining eligibility and
vocational rehabilitation needs under this chapter, an
individual shall be presumed to have a goal of an employment outcome.’’, was executed by inserting text as
concluding provisions of par. (1) to reflect the probable
intent of Congress.
Subsec. (a)(1)(A). Pub. L. 113–128, § 413(a)(1)(A), substituted ‘‘has undergone an assessment for determining
eligibility and vocational rehabilitation needs and as a
result has been determined to be an’’ for ‘‘is an’’.
Subsec. (a)(1)(B). Pub. L. 113–128, § 413(a)(1)(B), substituted ‘‘advance in, or regain employment that is
consistent with the individual’s strengths, resources,
priorities, concerns, abilities, capabilities, interests,
and informed choice.’’ for ‘‘or regain employment.’’
Subsec. (a)(2)(A). Pub. L. 113–128, § 413(a)(2)(A), substituted ‘‘Applicants’’ for ‘‘Demonstration’’ in heading
and struck out ‘‘, 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’’ before period at end.
Subsec. (a)(2)(B). Pub. L. 113–128, § 413(a)(2)(B), in
heading, substituted ‘‘Responsibilities’’ for ‘‘Methods’’
and, in text, substituted ‘‘Prior to determining under
this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the
individual’s disability or that the individual is ineligible for vocational rehabilitation services,’’ for ‘‘In
making the demonstration required under subparagraph (A),’’, ‘‘through the designated State unit.’’ for
‘‘through the designated State unit, except under limited circumstances when an individual cannot take advantage of such experiences.’’, and ‘‘individual. In providing the trial experiences, the designated State unit
shall provide the individual with the opportunity to try
different employment experiences, including supported
employment, and the opportunity to become employed
in competitive integrated employment.’’ for ‘‘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.’’
Subsec. (a)(3)(A)(ii). Pub. L. 113–128, § 413(a)(3), substituted ‘‘outcome due to the severity of the individual’s disability (as of the date of the determination).’’
for ‘‘outcome from vocational rehabilitation services
due to the severity of the disability of the individual in
accordance with paragraph (2).’’
Subsec. (a)(5). Pub. L. 113–128, § 413(a)(4)(B), (C), added
subpar. (A) and redesignated former subpars. (A) to (D)
as (B) to (E), respectively.

§ 722

Pub. L. 113–128, § 413(a)(4)(A), in introductory provisions, substituted ‘‘If, after the designated State unit
carries out the activities described in paragraph (2)(B),
a review of existing data, and, to the extent necessary,
the assessment activities described in section
705(2)(A)(ii) of this title, an individual’’ for ‘‘If an individual’’ and ‘‘subchapter is determined not to be’’ for
‘‘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’’.
Subsec. (a)(5)(C)(i). Pub. L. 113–128, § 413(a)(4)(D), inserted ‘‘, including the clear and convincing evidence
that forms the basis for the determination of ineligibility’’ after ‘‘determination’’.
Subsec. (b)(1)(A). Pub. L. 113–128, § 413(b)(1), struck
out ‘‘, to the extent determined to be appropriate by
the eligible individual,’’ after ‘‘availability of assistance’’ and inserted ‘‘or, as appropriate, a disability advocacy organization’’ after ‘‘counselor’’.
Subsec. (b)(2). Pub. L. 113–128, § 413(b)(3), added par.
(2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 113–128, § 413(b)(2), redesignated
par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (b)(3)(E)(iii). Pub. L. 113–128, § 413(b)(4)(A),
added cl. (iii).
Subsec. (b)(3)(F). Pub. L. 113–128, § 413(b)(4)(B), added
subpar. (F).
Subsec. (b)(4). Pub. L. 113–128, § 413(b)(2), redesignated
par. (3) as (4).
Subsec. (b)(4)(A). Pub. L. 113–128, § 413(b)(5)(A), substituted ‘‘choice of the eligible individual, consistent
with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student’s projected postschool employment outcome);’’ for ‘‘choice of the eligible individual,
and, to the maximum extent appropriate, results in employment in an integrated setting;’’.
Subsec. (b)(4)(B)(i). Pub. L. 113–128, § 413(b)(5)(B),
added subcls. (I) and (II), redesignated former subcl. (II)
as (III), and struck out former subcl. (I) which read as
follows: ‘‘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’’.
Subsec. (b)(4)(H). Pub. L. 113–128, § 413(b)(5)(C)–(E),
added subpar. (H).
Subsec. (c)(1). Pub. L. 113–128, § 413(c)(1), inserted at
end ‘‘The procedures shall allow an applicant or an eligible individual the opportunity to request mediation,
an impartial due process hearing, or both procedures.’’
Subsec. (c)(2)(A)(iv). Pub. L. 113–128, § 413(c)(2), added
cl. (iv).
Subsec. (c)(5)(A). Pub. L. 113–128, § 413(c)(3)(A), added
subpar. (A) and struck out former subpar. (A). Prior to
amendment, text read as follows: ‘‘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.’’
Subsec. (c)(5)(B). Pub. L. 113–128, § 413(c)(3)(B), substituted ‘‘about Federal laws’’ for ‘‘in laws’’ in introductory provisions.
1998—Subsec. (c)(5)(F)(iv). Pub. L. 105–277 added cl.
(iv).
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 723

TITLE 29—LABOR

§ 723. Vocational rehabilitation services
(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

Page 234

(F) diagnosis and treatment for mental
and emotional disorders by qualified personnel who meet State licensure laws;
(7) maintenance for additional costs incurred
while participating in an assessment for determining eligibility and vocational rehabilitation needs or while receiving services under an
individualized plan for employment;
(8) transportation, including adequate training in the use of public transportation vehicles
and systems, that is provided in connection
with the provision of any other service described in this section and needed by the individual to achieve an employment outcome;
(9) on-the-job or other related personal assistance services provided while an individual
is receiving other services described in this
section;
(10) interpreter services provided by qualified personnel for individuals who are deaf or
hard of hearing, and reader services for individuals who are determined to be blind, after
an examination by qualified personnel who
meet State licensure laws;
(11) rehabilitation teaching services, and orientation and mobility services, for individuals
who are blind;
(12) occupational licenses, tools, equipment,
and initial stocks and supplies;
(13) technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent such resources are authorized to be provided through the statewide
workforce development system, to eligible individuals who are pursuing self-employment or
telecommuting or establishing a small business operation as an employment outcome;
(14) rehabilitation technology, including
telecommunications, sensory, and other technological aids and devices;
(15) transition services for students with disabilities, that facilitate the transition from
school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services;
(16) supported employment services;
(17) customized employment;
(18) encouraging qualified individuals who
are eligible to receive services under this subchapter to pursue advanced training in a
science, technology, engineering, or mathematics (including computer science) field,
medicine, law, or business;
(19) services to the family of an individual
with a disability necessary to assist the individual to achieve an employment outcome;
and
(20) specific post-employment services necessary to assist an individual with a disability
to, retain, regain, or advance in employment.
(b) Vocational rehabilitation services for groups
of individuals
Vocational rehabilitation services provided for
the benefit of groups of individuals with disabilities may also include the following:
(1) In the case of any type of small business
operated by individuals with significant disabilities the operation of which can be im-

Page 235

§ 723

TITLE 29—LABOR

proved by management services and supervision provided by the designated State agency, the provision of such services and supervision, along or together with the acquisition
by the designated State agency of vending facilities or other equipment and initial stocks
and supplies.
(2) The establishment, development, or improvement of community rehabilitation programs, including, under special circumstances,
the construction of a facility. Such programs
shall be used to provide services described in
this section that promote integration into the
community and that prepare individuals with
disabilities for competitive integrated employment, including supported employment and
customized employment.
(3) The use of telecommunications systems
(including telephone, television, satellite,
radio, and other similar systems) that have
the potential for substantially improving delivery methods of activities described in this
section and developing appropriate programming to meet the particular needs of individuals with disabilities.
(4)(A) Special services to provide nonvisual
access to information for individuals who are
blind, including the use of telecommunications, Braille, sound recordings, or other appropriate media.
(B) Captioned television, films, or video cassettes for individuals who are deaf or hard of
hearing.
(C) Tactile materials for individuals who are
deaf-blind.
(D) Other special services that provide information through tactile, vibratory, auditory,
and visual media.
(5) Technical assistance to businesses that
are seeking to employ individuals with disabilities.
(6) Consultation and technical assistance
services to assist State educational agencies
and local educational agencies in planning for
the transition of students with disabilities
from school to postsecondary life, including
employment.
(7) Transition services to youth with disabilities and students with disabilities, for which
a vocational rehabilitation counselor works in
concert with educational agencies, providers
of job training programs, providers of services
under the Medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.),
entities designated by the State to provide
services for individuals with developmental
disabilities, centers for independent living (as
defined in section 796a of this title), housing
and transportation authorities, workforce development systems, and businesses and employers.
(8) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of
1998 (29 U.S.C. 3001 et seq.) to promote access
to assistive technology for individuals with
disabilities and employers.
(9) Support (including, as appropriate, tuition) for advanced training in a science, tech-

nology, engineering, or mathematics (including computer science) field, medicine, law, or
business, provided after an individual eligible
to receive services under this subchapter, demonstrates—
(A) such eligibility;
(B) previous completion of a bachelor’s degree program at an institution of higher education or scheduled completion of such degree program prior to matriculating in the
program for which the individual proposes to
use the support; and
(C) acceptance by a program at an institution of higher education in the United States
that confers a master’s degree in a science,
technology, engineering, or mathematics
(including computer science) field, a juris
doctor degree, a master of business administration degree, or a doctor of medicine degree,
except that the limitations of subsection (a)(5)
that apply to training services shall apply to
support described in this paragraph, and nothing in this paragraph shall prevent any designated State unit from providing similar support to individuals with disabilities within the
State who are eligible to receive support under
this subchapter and who are not served under
this paragraph.
(Pub. L. 93–112, title I, § 103, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1148;
amended Pub. L. 113–128, title IV, § 414, July 22,
2014, 128 Stat. 1652.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (b)(7),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the
Act is classified generally to subchapter XIX (§ 1396 et
seq.) of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
The Assistive Technology Act of 1998, referred to in
subsec. (b)(8), is Pub. L. 105–394, Nov. 13, 1998, 112 Stat.
3627, which is classified principally to chapter 31 (§ 3001
et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
PRIOR PROVISIONS
A prior section 723, Pub. L. 93–112, title I, § 103, Sept.
26, 1973, 87 Stat. 368; Pub. L. 95–602, title I, § 104, Nov. 6,
1978, 92 Stat. 2960; Pub. L. 99–506, title I, § 103(d)(2), title
II, § 204, Oct. 21, 1986, 100 Stat. 1810, 1817; Pub. L. 100–630,
title II, § 202(d), Nov. 7, 1988, 102 Stat. 3305; Pub. L.
102–569, title I, §§ 102(p)(9), 124, Oct. 29, 1992, 106 Stat.
4357, 4379; Pub. L. 103–73, title I, § 107(c), Aug. 11, 1993,
107 Stat. 721, related to scope of vocational rehabilitation services, prior to the general amendment of this
subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a)(13). Pub. L. 113–128, § 414(1)(A), substituted ‘‘workforce development system’’ for ‘‘workforce investment system’’.
Subsec. (a)(15). Pub. L. 113–128, § 414(1)(B), added par.
(15) and struck out former par. (15) which read as follows: ‘‘transition services for students with disabilities,
that facilitate the achievement of the employment outcome identified in the individualized plan for employment;’’.
Subsec. (a)(17) to (20). Pub. L. 113–128, § 414(1)(C), (D),
added pars. (17) and (18) and redesignated former pars.
(17) and (18) as (19) and (20), respectively.

§ 724

TITLE 29—LABOR

Subsec. (b)(2). Pub. L. 113–128, § 414(2)(A), struck out
subpar. (A) designation, substituted ‘‘Such programs
shall be used to provide services described in this section that promote integration into the community and
that prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment.’’ for ‘‘Such programs shall be used to provide services that promote
integration and competitive employment.’’, and struck
out subpar. (B) which read as follows: ‘‘The provision of
other services, that promise to contribute substantially
to the rehabilitation of a group of individuals but that
are not related directly to the individualized plan for
employment of any 1 individual with a disability.’’
Subsec. (b)(5). Pub. L. 113–128, § 414(2)(B), added par.
(5) and struck out former par. (5) which read as follows:
‘‘Technical assistance and support services to businesses that are not subject to title I of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and
that are seeking to employ individuals with disabilities.’’
Subsec. (b)(6) to (9). Pub. L. 113–128, § 414(2)(C), added
pars. (6) to (9) and struck out former par. (6) which read
as follows: ‘‘Consultative and technical assistance services to assist educational agencies in planning for the
transition of students with disabilities from school to
post-school activities, including employment.’’
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 724. Non-Federal share for establishment of
program or construction
For the purpose of determining the amount of
payments to States for carrying out part B (or
to an Indian tribe under part C), the non-Federal
share, subject to such limitations and conditions as may be prescribed in regulations by the
Commissioner, shall include contributions of
funds made by any private agency, organization,
or individual to a State or local agency to assist
in meeting the costs of establishment of a community rehabilitation program or construction,
under special circumstances, of a facility for
such a program, which would be regarded as
State or local funds except for the condition,
imposed by the contributor, limiting use of such
funds to establishment of such a program or
construction of such a facility.
(Pub. L. 93–112, title I, § 104, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1151.)
Editorial Notes
PRIOR PROVISIONS
A prior section 724, Pub. L. 93–112, title I, § 104, Sept.
26, 1973, 87 Stat. 370; Pub. L. 95–602, title I, § 122(b)(1),
Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title II, § 205,
Oct. 21, 1986, 100 Stat. 1817; Pub. L. 102–569, title I, § 125,
Oct. 29, 1992, 106 Stat. 4381, related to non-Federal share
for construction, prior to the general amendment of
this subchapter by Pub. L. 105–220.

§ 725. State Rehabilitation Council
(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

Page 236

establish a State Rehabilitation Council (referred to in this section as the ‘‘Council’’) in
accordance with this section.
(2) Separate agency for individuals who are
blind
A State that designates a State agency to
administer the part of the State plan under
which vocational rehabilitation services are
provided for individuals who are blind under
section 721(a)(2)(A)(i) of this title may establish a separate Council in accordance with this
section to perform the duties of such a Council
with respect to such State agency.
(b) Composition and appointment
(1) Composition
(A) In general
Except in the case of a separate Council
established under subsection (a)(2), the
Council shall be composed of—
(i) at least one representative of the
Statewide Independent Living Council established under section 796d of this title,
which representative may be the chairperson or other designee of the Council;
(ii) at least one representative of a parent training and information center established pursuant to section 671 of the Individuals with Disabilities Education Act [20
U.S.C. 1471];
(iii) at least one representative of the
client assistance program established
under section 732 of this title;
(iv) at least one qualified vocational rehabilitation counselor, with knowledge of
and experience with vocational rehabilitation programs, who shall serve as an ex
officio, nonvoting member of the Council if
the counselor is an employee of the designated State agency;
(v) at least one representative of community rehabilitation program service providers;
(vi) four representatives of business, industry, and labor;
(vii) representatives of disability advocacy groups representing a cross section
of—
(I) individuals with physical, cognitive,
sensory, and mental disabilities; and
(II) individuals’ representatives of individuals with disabilities who have difficulty in representing themselves or are
unable due to their disabilities to represent themselves;
(viii) current or former applicants for, or
recipients of, vocational rehabilitation
services;
(ix) in a State in which one or more
projects are funded under section 741 of
this title, at least one representative of
the directors of the projects located in
such State;
(x) at least one representative of the
State educational agency responsible for
the public education of students with disabilities who are eligible to receive services under this subchapter and part B of
the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.]; and

Page 237

TITLE 29—LABOR

(xi) at least one representative of the
State workforce development board.
(B) Separate Council
In the case of a separate Council established under subsection (a)(2), the Council
shall be composed of—
(i) at least one representative described
in subparagraph (A)(i);
(ii) at least one representative described
in subparagraph (A)(ii);
(iii) at least one representative described
in subparagraph (A)(iii);
(iv) at least one vocational rehabilitation counselor described in subparagraph
(A)(iv), who shall serve as described in
such subparagraph;
(v) at least one representative described
in subparagraph (A)(v);
(vi) four representatives described in
subparagraph (A)(vi);
(vii) at least one representative of a disability advocacy group representing individuals who are blind;
(viii) at least one individual’s representative, of an individual who—
(I) is an individual who is blind and has
multiple disabilities; and
(II) has difficulty in representing himself or herself or is unable due to disabilities to represent himself or herself;
(ix) applicants or recipients described in
subparagraph (A)(viii);
(x) in a State described in subparagraph
(A)(ix), at least one representative described in such subparagraph;
(xi) at least one representative described
in subparagraph (A)(x); and
(xii) at least one representative described in subparagraph (A)(xi).
(C) Exception
In the case of a separate Council established under subsection (a)(2), any Council
that is required by State law, as in effect on
October 29, 1992, to have fewer than 15 members shall be deemed to be in compliance
with subparagraph (B) if the Council—
(i) meets the requirements of subparagraph (B), other than the requirements of
clauses (vi) and (ix) of such subparagraph;
and
(ii) includes at least—
(I) one representative described in subparagraph (B)(vi); and
(II) one applicant or recipient described in subparagraph (B)(ix).
(2) Ex officio member
The Director of the designated State unit
shall be an ex officio, nonvoting member of
the Council.
(3) Appointment
Members of the Council shall be appointed
by the Governor or, in the case of a State that,
under State law, vests authority for the administration of the activities carried out
under this chapter in an entity other than the
Governor (such as one or more houses of the
State legislature or an independent board), the
chief officer of that entity. The appointing au-

§ 725

thority shall select members after soliciting
recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. In selecting members, the appointing authority
shall consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council.
(4) Qualifications
(A) In general
A majority of Council members shall be
persons who are—
(i) individuals with disabilities described
in section 705(20)(B) of this title; and
(ii) not employed by the designated
State unit.
(B) Separate Council
In the case of a separate Council established under subsection (a)(2), a majority of
Council members shall be persons who are—
(i) blind; and
(ii) not employed by the designated
State unit.
(5) Chairperson
(A) In general
Except as provided in subparagraph (B),
the Council shall select a chairperson from
among the membership of the Council.
(B) Designation by chief executive officer
In States in which the chief executive officer does not have veto power pursuant to
State law, the appointing authority described in paragraph (3) shall designate a
member of the Council to serve as the chairperson of the Council or shall require the
Council to so designate such a member.
(6) Terms of appointment
(A) Length of term
Each member of the Council shall serve for
a term of not more than 3 years, except
that—
(i) a member appointed to fill a vacancy
occurring prior to the expiration of the
term for which a predecessor was appointed, shall be appointed for the remainder of such term; and
(ii) the terms of service of the members
initially appointed shall be (as specified by
the appointing authority described in
paragraph (3)) for such fewer number of
years as will provide for the expiration of
terms on a staggered basis.
(B) Number of terms
No member of the Council, other than a
representative described in clause (iii) or (ix)
of paragraph (1)(A), or clause (iii) or (x) of
paragraph (1)(B), may serve more than two
consecutive full terms.
(7) Vacancies
(A) In general
Except as provided in subparagraph (B),
any vacancy occurring in the membership of
the Council shall be filled in the same manner as the original appointment. The va-

§ 725

TITLE 29—LABOR

cancy shall not affect the power of the remaining members to execute the duties of
the Council.
(B) Delegation
The appointing authority described in
paragraph (3) may delegate the authority to
fill such a vacancy to the remaining members of the Council after making the original
appointment.
(c) Functions of Council
The Council shall, after consulting with the
State workforce development board—
(1) review, analyze, and advise the designated State unit regarding the performance
of the responsibilities of the unit under this
subchapter, particularly responsibilities relating to—
(A) eligibility (including order of selection);
(B) the extent, scope, and effectiveness of
services provided; and
(C) functions performed by State agencies
that affect or that potentially affect the
ability of individuals with disabilities in
achieving employment outcomes under this
subchapter;
(2) in partnership with the designated State
unit—
(A) develop, agree to, and review State
goals and priorities in accordance with section 721(a)(15)(C) of this title; and
(B) evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the Commissioner in accordance with section 721(a)(15)(E) of this
title;
(3) advise the designated State agency and
the designated State unit regarding activities
authorized to be carried out under this subchapter, and assist in the preparation of the
State plan and amendments to the plan, applications, reports, needs assessments, and evaluations required by this subchapter;
(4) to the extent feasible, conduct a review
and analysis of the effectiveness of, and consumer satisfaction with—
(A) the functions performed by the designated State agency;
(B) vocational rehabilitation services provided by State agencies and other public and
private entities responsible for providing vocational rehabilitation services to individuals with disabilities under this chapter; and
(C) employment outcomes achieved by eligible individuals receiving services under
this subchapter, including the availability of
health and other employment benefits in
connection with such employment outcomes;
(5) prepare and submit an annual report to
the Governor and the Commissioner on the
status of vocational rehabilitation programs
operated within the State, and make the report available to the public;
(6) to avoid duplication of efforts and enhance the number of individuals served, coordinate activities with the activities of other
councils within the State, including the State-

Page 238

wide Independent Living Council established
under section 796d of this title, the advisory
panel established under section 612(a)(20) of
the Individuals with Disabilities Education
Act [20 U.S.C. 1412(a)(20)], the State Council on
Developmental Disabilities established under
section 15025 of title 42, the State mental
health planning council established under section 300x–3(a) of title 42 and the State workforce development board, and with the activities of entities carrying out programs under
the Assistive Technology Act of 1998 (29 U.S.C.
3001 et seq.);
(7) provide for coordination and the establishment of working relationships between the
designated State agency and the Statewide
Independent Living Council and centers for
independent living within the State; and
(8) perform such other functions, consistent
with the purpose of this subchapter, as the
State Rehabilitation Council determines to be
appropriate, that are comparable to the other
functions performed by the Council.
(d) Resources
(1) Plan
The Council shall prepare, in conjunction
with the designated State unit, a plan for the
provision of such resources, including such
staff and other personnel, as may be necessary
and sufficient to carry out the functions of the
Council under this section. The resource plan
shall, to the maximum extent possible, rely on
the use of resources in existence during the period of implementation of the plan.
(2) Resolution of disagreements
To the extent that there is a disagreement
between the Council and the designated State
unit in regard to the resources necessary to
carry out the functions of the Council as set
forth in this section, the disagreement shall be
resolved by the Governor consistent with paragraph (1).
(3) Supervision and evaluation
Each Council shall, consistent with State
law, supervise and evaluate such staff and
other personnel as may be necessary to carry
out its functions under this section.
(4) Personnel conflict of interest
While assisting the Council in carrying out
its duties, staff and other personnel shall not
be assigned duties by the designated State
unit or any other agency or office of the State,
that would create a conflict of interest.
(e) Conflict of interest
No member of the Council shall cast a vote on
any matter that would provide direct financial
benefit to the member or otherwise give the appearance of a conflict of interest under State
law.
(f) Meetings
The Council shall convene at least four meetings a year in such places as it determines to be
necessary to conduct Council business and conduct such forums or hearings as the Council considers appropriate. The meetings, hearings, and
forums shall be publicly announced. The meetings shall be open and accessible to the general

Page 239

TITLE 29—LABOR

public unless there is a valid reason for an executive session.
(g) Compensation and expenses
The Council may use funds allocated to the
Council by the designated State unit under this
subchapter (except for funds appropriated to
carry out the client assistance program under
section 732 of this title and funds reserved pursuant to section 730(c) of this title to carry out
part C) to reimburse members of the Council for
reasonable and necessary expenses of attending
Council meetings and performing Council duties
(including child care and personal assistance
services), and to pay compensation to a member
of the Council, if such member is not employed
or must forfeit wages from other employment,
for each day the member is engaged in performing the duties of the Council.
(h) Hearings and forums
The Council is authorized to hold such hearings and forums as the Council may determine
to be necessary to carry out the duties of the
Council.
(Pub. L. 93–112, title I, § 105, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1151;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(c)(6)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–415; Pub. L. 106–402, title IV, § 401(b)(3)(A),
Oct. 30, 2000, 114 Stat. 1737; Pub. L. 108–446, title
III, § 305(h)(2), (3), Dec. 3, 2004, 118 Stat. 2805; Pub.
L. 113–128, title IV, § 415, July 22, 2014, 128 Stat.
1654.)
Editorial Notes
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 (§ 1411 et
seq.) of chapter 33 of Title 20, Education. For complete
classification of this Act to the Code, see section 1400
of Title 20 and Tables.
The Assistive Technology Act of 1998, referred to in
subsec. (c)(6), is Pub. L. 105–394, Nov. 13, 1998, 112 Stat.
3627, which is classified principally to chapter 31 (§ 3001
et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 3001 of this title and Tables.
PRIOR PROVISIONS
A prior section 725, Pub. L. 93–112, title I, § 105, as
added Pub. L. 102–569, title I, § 126(a), Oct. 29, 1992, 106
Stat. 4381; amended Pub. L. 103–73, title I, § 107(d)(1),
Aug. 11, 1993, 107 Stat. 721, related to State Rehabilitation Advisory Council, prior to the general amendment
of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (b)(1)(A)(ix). Pub. L. 113–128, § 415(1)(A),
added cl. (ix) and struck out former cl. (ix) which read
as follows: ‘‘in a State in which one or more projects
are carried out under section 741 of this title, at least
one representative of the directors of the projects;’’.
Subsec. (b)(1)(A)(xi). Pub. L. 113–128, § 415(1)(B), substituted ‘‘State workforce development board’’ for
‘‘State workforce investment board’’.
Subsec. (c). Pub. L. 113–128, § 415(2)(A), substituted
‘‘State workforce development board’’ for ‘‘State workforce investment board’’ in introductory provisions.
Subsec. (c)(6). Pub. L. 113–128, § 415(2)(B), substituted
‘‘section 300x–3(a) of title 42 and the State workforce
development board, and with the activities of entities

§ 726

carrying out programs under the Assistive Technology
Act of 1998 (29 U.S.C. 3001 et seq.);’’ for ‘‘section
300x–3(a) of title 42, and the State workforce investment board;’’.
2004—Subsec. (b)(1)(A)(ii). Pub. L. 108–446, § 305(h)(2),
substituted ‘‘671 of the Individuals with Disabilities
Education Act’’ for ‘‘682(a) of the Individuals with Disabilities Education Act (as added by section 101 of the
Individuals with Disabilities Education Act Amendments of 1997; Public Law 105–17)’’.
Subsec. (c)(6). Pub. L. 108–446, § 305(h)(3), substituted
‘‘section 612(a)(20)’’ for ‘‘section 612(a)(21)’’ and ‘‘Individuals with’’ for ‘‘Individual with’’ and struck out ‘‘(as
amended by section 101 of the Individuals with Disabilities Education Act Amendments of 1997; Public Law
105–17)’’ before ‘‘, the State Council’’.
2000—Subsec. (c)(6). Pub. L. 106–402 substituted ‘‘the
State Council on Developmental Disabilities established under section 15025 of title 42’’ for ‘‘the State Developmental Disabilities Council described in section
6024 of title 42’’.
1998—Subsec. (b)(3). Pub. L. 105–277, § 101(f) [title VIII,
§ 402(c)(6)(A)], substituted ‘‘Governor or, in the case of
a State that, under State law, vests authority for the
administration of the activities carried out under this
chapter in an entity other than the Governor (such as
one or more houses of the State legislature or an independent board), the chief officer of that entity’’ for
‘‘Governor’’ in first sentence and ‘‘appointing authority’’ for ‘‘Governor’’ in second and third sentences.
Subsec. (b)(4)(A)(i). Pub. L. 105–277, § 101(f) [title VIII,
§ 402(c)(6)(B)], substituted ‘‘section 705(20)(B)’’ for ‘‘section 705(20)(A)’’.
Subsec. (b)(5)(B). Pub. L. 105–277, § 101(f) [title VIII,
§ 402(c)(6)(C)], substituted ‘‘chief executive officer’’ for
‘‘Governor’’ in heading and ‘‘appointing authority described in paragraph (3) shall’’ for ‘‘Governor shall’’ in
text.
Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105–277, § 101(f)
[title VIII, § 402(c)(6)(D)], substituted ‘‘appointing authority described in paragraph (3)’’ for ‘‘Governor’’.
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 726. Evaluation standards and performance indicators
(a) In general
(1) Standards and indicators
The evaluation standards and performance
indicators for the vocational rehabilitation
program carried out under this subchapter
shall be subject to the performance accountability provisions described in section 3141(b)
of this title.
(2) Additional performance accountability indicators
A State may establish and provide information on additional performance accountability
indicators, which shall be identified in the
State plan submitted under section 721 of this
title.
(b) Compliance
(1) State reports
In accordance with regulations established
by the Secretary, each State shall report to
the Commissioner after the end of each fiscal
year the extent to which the State is in compliance with the standards and indicators.

§ 727

TITLE 29—LABOR

(2) Program improvement
(A) Plan
If the Commissioner determines that the
performance of any State is below established standards, the Commissioner shall
provide technical assistance to the State,
and the State and the Commissioner shall
jointly develop a program improvement plan
outlining the specific actions to be taken by
the State to improve program performance.
(B) Review
The Commissioner shall—
(i) on a biannual basis, review the program improvement efforts of the State
and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the
State to make further revisions to the
plan to improve performance; and
(ii) continue to conduct such reviews and
request such revisions until the State sustains satisfactory performance over a period of more than 1 year.
(c) Withholding
If the Commissioner determines that a State
whose performance falls below the established
standards has failed to enter into a program improvement plan, or is not complying substantially with the terms and conditions of such a
program improvement plan, the Commissioner
shall, consistent with subsections (c) and (d) of
section 727 of this title, reduce or make no further payments to the State under this program,
until the State has entered into an approved
program improvement plan, or satisfies the
Commissioner that the State is complying substantially with the terms and conditions of such
a program improvement plan, as appropriate.
(d) Report to Congress
Beginning in fiscal year 1999, the Commissioner shall include in each annual report to the
Congress under section 710 of this title an analysis of program performance, including relative
State performance, based on the standards and
indicators.
(Pub. L. 93–112, title I, § 106, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1156;
amended Pub. L. 113–128, title IV, § 416, July 22,
2014, 128 Stat. 1654.)
Editorial Notes
PRIOR PROVISIONS
A prior section 726, Pub. L. 93–112, title I, § 106, as
added Pub. L. 102–569, title I, § 127(a), Oct. 29, 1992, 106
Stat. 4385, related to evaluation standards and performance indicators, prior to the general amendment of this
subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128, § 416(1), added subsec. (a) and struck out former subsec. (a) which provided for the establishment, review, and revision of
evaluation standards and performance indicators.
Subsec. (b)(2)(B)(i). Pub. L. 113–128, § 416(2), substituted ‘‘on a biannual basis, review the program improvement efforts of the State and, if the State has not
improved its performance to acceptable levels, as determined by the Commissioner, direct the State’’ for ‘‘re-

Page 240

view the program improvement efforts of the State on
a biannual basis and, if necessary, request the State’’.
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 727. Monitoring and review
(a) In general
(1) Duties
In carrying out the duties of the Commissioner under this subchapter, the Commissioner shall—
(A) provide for the annual review and periodic onsite monitoring of programs under
this subchapter; and
(B) determine whether, in the administration of the State plan, a State is complying
substantially with the provisions of such
plan and with evaluation standards and performance indicators established under section 726 of this title.
(2) Procedures for reviews
In conducting reviews under this section the
Commissioner shall consider, at a minimum—
(A) State policies and procedures;
(B) guidance materials;
(C) decisions resulting from hearings conducted in accordance with due process;
(D) State goals established under section
721(a)(15) of this title and the extent to
which the State has achieved such goals;
(E) plans and reports prepared under section 726(b) of this title;
(F) consumer satisfaction reviews and
analyses described in section 725(c)(4) of this
title;
(G) information provided by the State Rehabilitation Council established under section 725 of this title, if the State has such a
Council, or by the commission described in
section 721(a)(21)(A)(i) of this title, if the
State has such a commission;
(H) reports; and
(I) budget and financial management data.
(3) Procedures for monitoring
In conducting monitoring under this section
the Commissioner shall conduct—
(A) onsite visits, including onsite reviews
of records to verify that the State is following requirements regarding the order of
selection set forth in section 721(a)(5)(A) of
this title;
(B) public hearings and other strategies for
collecting information from the public;
(C) meetings with the State Rehabilitation
Council, if the State has such a Council or
with the commission described in section
721(a)(21)(A)(i) of this title, if the State has
such a commission;
(D) reviews of individual case files, including individualized plans for employment and
ineligibility determinations; and
(E) meetings with qualified vocational rehabilitation counselors and other personnel,
including personnel of a client assistance

Page 241

TITLE 29—LABOR

program under section 732 of this title, and
past or current recipients of vocational rehabilitation services.
(4) Areas of inquiry
In conducting the review and monitoring,
the Commissioner shall examine—
(A) the eligibility process, including the
process related to the determination of ineligibility under section 722(a)(5) of this title;
(B) the provision of services, including
supported employment services and pre-employment transition services, and, if applicable, the order of selection;
(C) such other areas as may be identified
by the public or through meetings with the
State Rehabilitation Council, if the State
has such a Council or with the commission
described in section 721(a)(21)(A)(i) of this
title, if the State has such a commission;
(D)
data
reported
under
section
721(a)(10)(C)(i) of this title; and
(E) such other areas of inquiry as the Commissioner may consider appropriate.
(5) Reports
If the Commissioner issues a report detailing
the findings of an annual review or onsite
monitoring conducted under this section, the
report shall be made available to the State Rehabilitation Council, if the State has such a
Council, for use in the development and modification of the State plan described in section
721 of this title.
(b) Technical assistance
The Commissioner shall—
(1) provide technical assistance to programs
under this subchapter regarding improving the
quality of vocational rehabilitation services
provided;
(2) provide technical assistance and establish
a corrective action plan for a program under
this subchapter if the Commissioner finds that
the program fails to comply substantially
with the provisions of the State plan, or with
evaluation standards or performance indicators established under section 726 of this title,
in order to ensure that such failure is corrected as soon as practicable; and
(3) provide technical assistance to programs
under this subchapter to—
(A) promote high-quality employment outcomes for individuals with disabilities;
(B) integrate veterans who are individuals
with disabilities into their communities and
to support the veterans to obtain and retain
competitive integrated employment;
(C) develop, improve, and disseminate information on procedures, practices, and
strategies, including for the preparation of
personnel, to better enable individuals with
intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to
obtain and retain competitive integrated
employment; and
(D) apply evidence-based findings to facilitate systemic improvements in the transition of youth with disabilities to postsecondary life.

§ 727

(c) Failure to comply with plan
(1) Withholding payments
Whenever the Commissioner, after providing
reasonable notice and an opportunity for a
hearing to the State agency administering or
supervising the administration of the State
plan approved under section 721 of this title,
finds that—
(A) the plan has been so changed that it no
longer complies with the requirements of
section 721(a) of this title; or
(B) in the administration of the plan there
is a failure to comply substantially with any
provision of such plan or with an evaluation
standard or performance indicator established under section 726 of this title,
the Commissioner shall notify such State
agency that no further payments will be made
to the State under this subchapter (or, in the
discretion of the Commissioner, that such further payments will be reduced, in accordance
with regulations the Commissioner shall prescribe, or that further payments will not be
made to the State only for the projects under
the parts of the State plan affected by such
failure), until the Commissioner is satisfied
there is no longer any such failure.
(2) Period
Until the Commissioner is so satisfied, the
Commissioner shall make no further payments
to such State under this subchapter (or shall
reduce payments or limit payments to
projects under those parts of the State plan in
which there is no such failure).
(3) Disbursal of withheld funds
The Commissioner may, in accordance with
regulations the Secretary shall prescribe, disburse any funds withheld from a State under
paragraph (1) to any public or nonprofit private organization or agency within such State
or to any political subdivision of such State
submitting a plan meeting the requirements of
section 721(a) of this title. The Commissioner
may not make any payment under this paragraph unless the entity to which such payment is made has provided assurances to the
Commissioner that such entity will contribute, for purposes of carrying out such plan,
the same amount as the State would have been
obligated to contribute if the State received
such payment.
(d) Review
(1) Petition
Any State that is dissatisfied with a final
determination of the Commissioner under section 721(b) of this title or subsection (c) may
file a petition for judicial review of such determination in the United States Court of Appeals for the circuit in which the State is located. Such a petition may be filed only within the 30-day period beginning on the date that
notice of such final determination was received by the State. The clerk of the court
shall transmit a copy of the petition to the
Commissioner or to any officer designated by
the Commissioner for that purpose. In accordance with section 2112 of title 28, the Commissioner shall file with the court a record of the

§ 728

TITLE 29—LABOR

proceeding on which the Commissioner based
the determination being appealed by the
State. Until a record is so filed, the Commissioner may modify or set aside any determination made under such proceedings.
(2) Submissions and determinations
If, in an action under this subsection to review a final determination of the Commissioner under section 721(b) of this title or subsection (c), the petitioner or the Commissioner
applies to the court for leave to have additional oral submissions or written presentations made respecting such determination,
the court may, for good cause shown, order the
Commissioner to provide within 30 days an additional opportunity to make such submissions and presentations. Within such period,
the Commissioner may revise any findings of
fact, modify or set aside the determination
being reviewed, or make a new determination
by reason of the additional submissions and
presentations, and shall file such modified or
new determination, and any revised findings of
fact, with the return of such submissions and
presentations. The court shall thereafter review such new or modified determination.
(3) Standards of review
(A) In general
Upon the filing of a petition under paragraph (1) for judicial review of a determination, the court shall have jurisdiction—
(i) to grant appropriate relief as provided
in chapter 7 of title 5, except for interim
relief with respect to a determination
under subsection (c); and
(ii) except as otherwise provided in subparagraph (B), to review such determination in accordance with chapter 7 of title 5.
(B) Substantial evidence
Section 706 of title 5 shall apply to the review of any determination under this subsection, except that the standard for review
prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall
hold unlawful and set aside such determination if the court finds that the determination is not supported by substantial evidence
in the record of the proceeding submitted
pursuant to paragraph (1), as supplemented
by any additional submissions and presentations filed under paragraph (2).
(Pub. L. 93–112, title I, § 107, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1157;
amended Pub. L. 113–128, title IV, § 417(a), July
22, 2014, 128 Stat. 1654.)
Editorial Notes
PRIOR PROVISIONS
A prior section 727, Pub. L. 93–112, title I, § 107, as
added Pub. L. 102–569, title I, § 128(a), Oct. 29, 1992, 106
Stat. 4386, related to monitoring and review, prior to
the general amendment of this subchapter by Pub. L.
105–220.
AMENDMENTS
2014—Subsec. (a)(3)(E). Pub. L. 113–128, § 417(a)(1)(A),
inserted ‘‘, including personnel of a client assistance
program under section 732 of this title, and past or cur-

Page 242

rent recipients of vocational rehabilitation services’’
before period at end.
Subsec. (a)(4)(A), (B). Pub. L. 113–128, § 417(a)(1)(B)(i),
added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
‘‘(A) the eligibility process;
‘‘(B) the provision of services, including, if applicable,
the order of selection;’’.
Subsec.
(a)(4)(D),
(E).
Pub.
L.
113–128,
§ 417(a)(1)(B)(ii)–(iv), added subpar. (D) and redesignated
former subpar. (D) as (E).
Subsec. (b)(3). Pub. L. 113–128, § 417(a)(2), added par.
(3).
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 728. Expenditure of certain amounts
(a) Expenditure
Amounts described in subsection (b) may not
be expended by a State for any purpose other
than carrying out programs for which the State
receives financial assistance under this subchapter, under subchapter VI, or under subchapter VII.
(b) Amounts
The amounts referred to in subsection (a) are
amounts provided to a State under the Social
Security Act (42 U.S.C. 301 et seq.) as reimbursement for the expenditure of payments received
by the State from allotments under section 730
of this title.
(Pub. L. 93–112, title I, § 108, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160;
amended Pub. L. 113–128, title IV, § 417(b), July
22, 2014, 128 Stat. 1655.)
Editorial Notes
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 (§ 301 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title
42 and Tables.
PRIOR PROVISIONS
A prior section 728, Pub. L. 93–112, title I, § 108, as
added Pub. L. 102–569, title I, § 129(a), Oct. 29, 1992, 106
Stat. 4389, related to expenditure of certain amounts,
prior to the general amendment of this subchapter by
Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128 substituted ‘‘under
subchapter VI’’ for ‘‘under part B of subchapter VI’’.
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 728a. Training and services for employers
A State may expend payments received under
section 731 of this title to educate and provide

Page 243

TITLE 29—LABOR

services to employers who have hired or are interested in hiring individuals with disabilities
under programs carried out under this subchapter, including—
(1) providing training and technical assistance to employers regarding the employment
of individuals with disabilities, including disability awareness, and the requirements of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and other employment-related laws;
(2) working with employers to—
(A) provide opportunities for work-based
learning experiences (including internships,
short-term employment, apprenticeships,
and fellowships), and opportunities for preemployment transition services;
(B) recruit qualified applicants who are individuals with disabilities;
(C) train employees who are individuals
with disabilities; and
(D) promote awareness of disability-related obstacles to continued employment;
(3) providing consultation, technical assistance, and support to employers on workplace
accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States and nationally, to enable
the employers to recruit, job match, hire, and
retain qualified individuals with disabilities
who are recipients of vocational rehabilitation
services under this subchapter, or who are applicants for such services; and
(4) assisting employers with utilizing available financial support for hiring or accommodating individuals with disabilities.
(Pub. L. 93–112, title I, § 109, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160;
amended Pub. L. 113–128, title IV, § 418, July 22,
2014, 128 Stat. 1655.)
Editorial Notes
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, which is classified principally to chapter 126 (§ 12101
et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 12101 of Title 42
and Tables.
PRIOR PROVISIONS
A prior section 728a, Pub. L. 93–112, title I, § 109, as
added Pub. L. 102–569, title I, § 130(a), Oct. 29, 1992, 106
Stat. 4389, related to training of employers with respect
to Americans with Disabilities Act of 1990, prior to the
general amendment of this subchapter by Pub. L.
105–220.
AMENDMENTS
2014—Pub. L. 113–128 amended section generally. Prior
to amendment, text read as follows: ‘‘A State may expend payments received under section 731 of this title—
‘‘(1) to carry out a program to train employers with
respect to compliance with the requirements of title
I of the Americans with Disabilities Act of 1990 (42
U.S.C. 12111 et seq.); and
‘‘(2) to inform employers of the existence of the program and the availability of the services of the program.’’

§ 730

Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

PART B—BASIC VOCATIONAL REHABILITATION
SERVICES
§ 730. State allotments
(a) Computation; additional amount; minimum
amount; adjustments
(1) Subject to the provisions of subsections (c)
and (d),,1 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) 2 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.
1 So

in original.
References in Text note below.

2 See

§ 731

TITLE 29—LABOR

(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 nonFederal share of the cost of vocational rehabilitation services under the State plan for the fiscal year for which the amount was appropriated.
(3) For the purposes of this part, any amount
made available to a State for any fiscal year
pursuant to this subsection shall be regarded as
an increase of such State’s allotment (as determined under the preceding provisions of this
section) for such year.
(c) Funds for American Indian vocational rehabilitation services
(1) For fiscal year 2015 and for each subsequent
fiscal year, the Commissioner shall reserve from
the amount appropriated under section 720(b)(1)
of this title for allotment under this section a
sum, determined under paragraph (2), to carry
out the purposes of part C.
(2) The sum referred to in paragraph (1) shall
be, as determined by the Secretary, not less
than 1 percent and not more than 1.5 percent of
the amount referred to in paragraph (1), for each
of fiscal years 2015 through 2020.
(d) Funds for pre-employment transition services
(1) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted
funds for the provision of pre-employment transition services.
(2) Such reserved funds shall not be used to
pay for the administrative costs of providing
pre-employment transition services.
(Pub. L. 93–112, title I, § 110, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(b)(7)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–413; Pub. L. 113–128, title IV, § 419, July 22,
2014, 128 Stat. 1656.)
Editorial Notes
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,
§ 121(b)(1), Oct. 29, 1992, 106 Stat. 4367, which restated

Page 244

subsec. (b)(1) without a subpar. (A). Section 720 was
subsequently omitted, and a new section 720 added, in
the general amendment of this subchapter by Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1116.
PRIOR PROVISIONS
A prior section 730, Pub. L. 93–112, title I, § 110, Sept.
26, 1973, 87 Stat. 370; Pub. L. 95–602, title I, §§ 101(c), (d),
122(b)(1), Nov. 6, 1978, 92 Stat. 2956, 2957, 2987; Pub. L.
98–221, title I, § 111(e), Feb. 22, 1984, 98 Stat. 20; Pub. L.
99–506, title I, § 103(c)(2), title II, §§ 206, 207, Oct. 21, 1986,
100 Stat. 1810, 1817, 1818; Pub. L. 102–569, title I, § 131,
Oct. 29, 1992, 106 Stat. 4389; Pub. L. 103–73, title I,
§ 107(e), Aug. 11, 1993, 107 Stat. 723, related to State allotments, prior to the general amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–128, § 419(1), substituted ‘‘Subject to the provisions of subsections (c)
and (d),’’ for ‘‘Subject to the provisions of subsection
(c)’’ in introductory provisions.
Subsec. (c)(1). Pub. L. 113–128, § 419(2)(A), substituted
‘‘2015’’ for ‘‘1987’’.
Subsec. (c)(2). Pub. L. 113–128, § 419(2)(B), substituted
‘‘Secretary,’’ for ‘‘Secretary—’’ and ‘‘2015 through 2020’’
for ‘‘2000 through 2003’’, struck out subpar. (B) designation before ‘‘not less than 1 percent’’, and struck out
subpar. (A) which read as follows: ‘‘not less than threequarters of 1 percent and not more than 1.5 percent of
the amount referred to in paragraph (1), for fiscal year
1999; and’’.
Subsec. (d). Pub. L. 113–128, § 419(3), added subsec. (d).
1998—Pub. L. 105–277 made technical amendment to
section designation and catchline in original.
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 731. Payments to States
(a) Amount
(1) Except as provided in paragraph (2), from
each State’s allotment under this part for any
fiscal year, the Commissioner shall pay to a
State an amount equal to the Federal share of
the cost of vocational rehabilitation services
under the plan for that State approved under
section 721 of this title, including expenditures
for the administration of the State plan.
(2)(A) The total of payments under paragraph
(1) to a State for a fiscal year may not exceed its
allotment under subsection (a) of section 730 of
this title for such year.
(B) The amount otherwise payable to a State
for a fiscal year under this section shall be reduced by the amount by which expenditures
from non-Federal sources under the State plan
under this subchapter for any previous fiscal
year are less than the total of such expenditures
for the second fiscal year preceding that previous fiscal year.
(C) The Commissioner may waive or modify
any requirement or limitation under subparagraph (B) or section 721(a)(17) of this title if the
Commissioner determines that a waiver or
modification is an equitable response to exceptional or uncontrollable circumstances affecting
the State.
(3)(A) Except as provided in subparagraph (B),
the amount of a payment under this section

Page 245

TITLE 29—LABOR

with respect to any construction project in any
State shall be equal to the same percentage of
the cost of such project as the Federal share
that is applicable in the case of rehabilitation
facilities (as defined in section 291o(g) of title
42), in such State.
(B) If the Federal share with respect to rehabilitation facilities in such State is determined
pursuant to section 291o(b)(2) of title 42, the percentage of the cost for purposes of this section
shall be determined in accordance with regulations prescribed by the Commissioner designed
to achieve as nearly as practicable results comparable to the results obtained under such section.
(b) Method of computation and payment
The method of computing and paying amounts
pursuant to subsection (a) shall be as follows:
(1) The Commissioner shall, prior to the beginning of each calendar quarter or other period prescribed by the Commissioner, estimate
the amount to be paid to each State under the
provisions of such subsection for such period,
such estimate to be based on such records of
the State and information furnished by it, and
such other investigation as the Commissioner
may find necessary.
(2) The Commissioner shall pay, from the allotment available therefor, the amount so estimated by the Commissioner for such period,
reduced or increased, as the case may be, by
any sum (not previously adjusted under this
paragraph) by which the Commissioner finds
that the estimate of the amount to be paid the
State for any prior period under such subsection was greater or less than the amount
which should have been paid to the State for
such prior period under such subsection. Such
payment shall be made prior to audit or settlement by the Government Accountability
Office, shall be made through the disbursing
facilities of the Treasury Department, and
shall be made in such installments as the
Commissioner may determine.
(Pub. L. 93–112, title I, § 111, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1162;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(b)(8)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–413; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814; Pub. L. 113–128, title IV, § 420, July 22,
2014, 128 Stat. 1656.)
Editorial Notes
PRIOR PROVISIONS
A prior section 731, Pub. L. 93–112, title I, § 111, Sept.
26, 1973, 87 Stat. 371; Pub. L. 95–602, title I, § 122(b)(1),
Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title II, § 208,
title X, § 1001(b)(6), Oct. 21, 1986, 100 Stat. 1818, 1842; Pub.
L. 100–630, title II, § 202(e)(1), (2)(A), (3), Nov. 7, 1988, 102
Stat. 3306; Pub. L. 102–569, title I, § 132, Oct. 29, 1992, 106
Stat. 4390; Pub. L. 103–73, title I, § 107(f), Aug. 11, 1993,
107 Stat. 723, related to payments to States, prior to
the general amendment of this subchapter by Pub. L.
105–220.
AMENDMENTS
2014—Subsec. (a)(2)(B). Pub. L. 113–128 substituted
‘‘The’’ for ‘‘For fiscal year 1994 and each fiscal year
thereafter, the’’, ‘‘this subchapter for any previous’’ for
‘‘this subchapter for the previous’’, and ‘‘year preceding
that previous’’ for ‘‘year preceding the previous’’.

§ 732

2004—Subsec. (b)(2). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Office’’.
1998—Pub. L. 105–277 made technical amendment to
section designation and catchline in original.
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

§ 732. Client assistance program
(a) Establishment of grant program
From funds appropriated under subsection (h),
the Secretary shall, in accordance with this section, make grants to States to establish and
carry out client assistance programs to provide
assistance in informing and advising all clients
and client applicants of all available benefits
under this chapter, including under sections 733
and 794g of this title, and, upon request of such
clients or client applicants, to assist and advocate for such clients or applicants in their relationships with projects, programs, and services
provided under this chapter, including assistance and advocacy in pursuing legal, administrative, or other appropriate remedies to ensure
the protection of the rights of such individuals
under this chapter and to facilitate access to the
services funded under this chapter through individual and systemic advocacy. The client assistance program shall provide information on the
available services and benefits under this chapter and title I of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12111 et seq.) to individuals
with disabilities in the State, especially with regard to individuals with disabilities who have
traditionally been unserved or underserved by
vocational rehabilitation programs. In providing
assistance and advocacy under this subsection
with respect to services under this subchapter, a
client assistance program may provide the assistance and advocacy with respect to services
that are directly related to facilitating the employment of the individual.
(b) Existence of State program as requisite to receiving payments
No State may receive payments from its allotment under this chapter in any fiscal year unless the State has in effect a client assistance
program which—
(1) has the authority to pursue legal, administrative, and other appropriate remedies to
ensure the protection of rights of individuals
with disabilities who are receiving treatments,
services, or rehabilitation under this chapter
within the State; and
(2) meets the requirements of designation
under subsection (c).
(c) Designation of agency to conduct program
(1)(A) The Governor shall designate a public or
private agency to conduct the client assistance
program under this section. Except as provided
in the last sentence of this subparagraph, the
Governor shall designate an agency which is
independent of any agency which provides treatment, services, or rehabilitation to individuals
under this chapter. If there is an agency in the

§ 732

TITLE 29—LABOR

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.

Page 246

(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 Commonwealth of the Northern Mariana Islands.
(C) For the purpose of this paragraph, the
term ‘‘State’’ does not include American Samoa,
Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(D)(i) In any fiscal year that the funds appropriated for such fiscal year exceed $7,500,000, the
minimum allotment shall be $100,000 for States
and $45,000 for territories.
(ii) For any fiscal year in which the total
amount appropriated under subsection (h) exceeds the total amount appropriated under such
subsection for the preceding fiscal year, the Secretary shall increase each of the minimum allotments under clause (i) by a percentage that
shall not exceed the percentage increase in the
total amount appropriated under such subsection between the preceding fiscal year and
the fiscal year involved.
(E)(i) The Secretary shall reserve funds appropriated under subsection (h) to make a grant to
the protection and advocacy system serving the
American Indian Consortium to provide services
in accordance with this section. The amount of
such a grant shall be the same amount as is provided to a territory under this subsection.
(ii) In this subparagraph:
(I) The term ‘‘American Indian Consortium’’
has the meaning given the term in section 102
of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C. 15002).
(II) The term ‘‘protection and advocacy system’’ means a protection and advocacy system
established under subtitle C of title I of the
Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.).

the Governor shall redesignate the agency conducting the program. In conducting the redesignation, the Governor shall designate to conduct
the program an agency that is independent of
any agency that provides treatment, services, or
rehabilitation to individuals with disabilities
under this chapter.
(2) In carrying out the provisions of this section, the Governor shall consult with the director of the State vocational rehabilitation agency, the head of the developmental disability protection and advocacy agency, and with representatives of professional and consumer organizations serving individuals with disabilities in
the State.
(3) The agency designated under this subsection shall be accountable for the proper use
of funds made available to the agency.
(d) Class action by designated agency prohibited
The agency designated under subsection (c) of
this section may not bring any class action in
carrying out its responsibilities under this section.
(e) Allotment and reallotment of funds
(1)(A) After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the
remainder of the sums appropriated for each fiscal year under this section among the States on
the basis of relative population of each State,
except that no State shall receive less than
$50,000.
(B) The Secretary shall allot $30,000 each to
American Samoa, Guam, the Virgin Islands, and

(F) For any fiscal year for which the amount
appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary may reserve not
less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs
established under this section. Such training
and technical assistance shall be coordinated
with
activities
provided
under
section
794e(c)(1)(A) of this title.
(2) The amount of an allotment to a State for
a fiscal year which the Secretary determines
will not be required by the State during the period for which it is available for the purpose for
which allotted shall be available for reallotment
by the Secretary at appropriate times to other
States with respect to which such a determination has not been made, in proportion to the
original allotments of such States for such fiscal
year, but with such proportionate amount for
any of such other States being reduced to the
extent it exceeds the sum the Secretary estimates such State needs and will be able to use
during such period, and the total of such reduction shall be similarly reallotted among the
States whose proportionate amounts were not so
reduced. Any such amount so reallotted to a
State for a fiscal year shall be deemed to be a
part of its allotment for such fiscal year.
(3) Except as specifically prohibited by or as
otherwise provided in State law, the Secretary
shall pay to the agency designated under subsection (c) the amount specified in the application approved under subsection (f).

Page 247

§ 733

TITLE 29—LABOR

(f) Application by State for grant funds
No grant may be made under this section unless the State submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as
the Secretary deems necessary to meet the requirements of this section.
(g) Regulations; minimum requirements
The Secretary shall prescribe regulations applicable to the client assistance program which
shall include the following requirements:
(1) No employees of such programs shall,
while so employed, serve as staff or consultants of any rehabilitation project, program, or
facility receiving assistance under this chapter in the State.
(2) Each program shall be afforded reasonable access to policymaking and administrative personnel in the State and local rehabilitation programs, projects, or facilities.
(3)(A) Each program shall contain provisions
designed to assure that to the maximum extent possible alternative means of dispute resolution are available for use at the discretion
of an applicant or client of the program prior
to resorting to litigation or formal adjudication to resolve a dispute arising under this
section.
(B) In subparagraph (A), the term ‘‘alternative means of dispute resolution’’ means
any procedure, including good faith negotiation, conciliation, facilitation, mediation,
factfinding, and arbitration, and any combination of procedures, that is used in lieu of litigation in a court or formal adjudication in an
administrative forum, to resolve a dispute
arising under this section.
(4) For purposes of any periodic audit, report, or evaluation of the performance of a client assistance program under this section, the
Secretary shall not require such a program to
disclose the identity of, or any other personally identifiable information related to, any
individual requesting assistance under such
program.
(h) Authorization of appropriations
There are authorized to be appropriated to
carry out the provisions of this section—
(1) $12,000,000 for fiscal year 2015;
(2) $12,927,000 for fiscal year 2016;
(3) $13,195,000 for fiscal year 2017;
(4) $13,488,000 for fiscal year 2018;
(5) $13,805,000 for fiscal year 2019; and
(6) $14,098,000 for fiscal year 2020.
(Pub. L. 93–112, title I, § 112, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1163;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(b)(9)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–413; Pub. L. 113–128, title IV, § 421, July 22,
2014, 128 Stat. 1656.)
Editorial Notes
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 (§ 12111 et seq.) of chapter 126
of Title 42, The Public Health and Welfare. For com-

plete classification of this Act to the Code, see Short
Title note set out under section 12101 of Title 42 and
Tables.
The Developmental Disabilities Assistance and Bill of
Rights Act of 2000, referred to in subsec. (e)(1)(E)(ii)(II),
is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle
C of title I of the Act is classified generally to part C
(§ 15041 et seq.) of subchapter I of chapter 144 of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 15001 of Title 42 and Tables.
PRIOR 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, § 112, Sept. 26, 1973,
87 Stat. 371; Pub. L. 93–516, title I, §§ 102(b), 111(f), Dec.
7, 1974, 88 Stat. 1618, 1620; Pub. L. 93–651, title I, §§ 102(b),
111(f), Nov. 21, 1974, 89 Stat. 2–3, 2–5; Pub. L. 94–230,
§§ 2(b), 11(b)(4), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L.
95–602, title I, §§ 105, 122(b)(1), Nov. 6, 1978, 92 Stat. 2960,
2987; Pub. L. 97–375, title I, § 105, Dec. 21, 1982, 96 Stat.
1820; Pub. L. 98–221, title I, § 113(a), Feb. 22, 1984, 98 Stat.
20; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 209,
title X, § 1001(b)(7), Oct. 21, 1986, 100 Stat. 1810, 1818, 1842;
Pub. L. 100–630, title II, § 202(f), Nov. 7, 1988, 102 Stat.
3306; Pub. L. 102–52, § 2(c), June 6, 1991, 105 Stat. 260;
Pub. L. 102–569, title I, §§ 102(p)(10), 133, Oct. 29, 1992, 106
Stat. 4357, 4391; Pub. L. 103–73, title I, § 107(g), Aug. 11,
1993, 107 Stat. 723; Pub. L. 104–66, title I, § 1041(c), Dec.
21, 1995, 109 Stat. 714, related to client assistance program.
Section 740, Pub. L. 93–112, title I, § 120, as added Pub.
L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4392, related to State eligibility for grants.
Another prior section 740, Pub. L. 93–112, title I, § 120,
Sept. 26, 1973, 87 Stat. 372; Pub. L. 95–602, title I,
§§ 101(e)(1), 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub.
L. 99–506, title X, § 1001(b)(8), Oct. 21, 1986, 100 Stat. 1842;
Pub. L. 100–630, title II, § 202(g), Nov. 7, 1988, 102 Stat.
3306, provided for State allotments to assist in meeting
the cost of vocational rehabilitation services, prior to
the general amendment of part C of former subchapter
I of this chapter by Pub. L. 102–569.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128, § 421(1), inserted ‘‘including under sections 733 and 794g of this title,’’ after
‘‘all available benefits under this chapter,’’.
Subsec. (b). Pub. L. 113–128, § 421(2), struck out ‘‘not
later than October 1, 1984,’’ after ‘‘has in effect’’ in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 113–128, § 421(3)(A), substituted ‘‘After reserving funds under subparagraphs
(E) and (F), the Secretary shall allot the remainder of’’
for ‘‘The Secretary shall allot’’.
Subsec. (e)(1)(E), (F). Pub. L. 113–128, § 421(3)(B), added
subpars. (E) and (F).
Subsec. (h). Pub. L. 113–128, § 421(4), added subsec. (h)
and struck out former subsec. (h) which authorized appropriations for fiscal years 1999 through 2003.
1998—Pub. L. 105–277 made technical amendment to
section designation and catchline in original.

§ 733. Provision of pre-employment transition
services
(a) In general
From the funds reserved under section 730(d)
of this title, and any funds made available from
State, local, or private funding sources, each
State shall ensure that the designated State
unit, in collaboration with the local educational
agencies involved, shall provide, or arrange for
the provision of, pre-employment transition
services for all students with disabilities in need
of such services who are eligible or potentially
eligible for services under this subchapter.

§ 741

TITLE 29—LABOR

(b) Required activities
Funds available under subsection (a) shall be
used to make available to students with disabilities described in subsection (a)—
(1) job exploration counseling;
(2) work-based learning experiences, which
may include in-school or after school opportunities, or experience outside the traditional
school setting (including internships), that is
provided in an integrated environment to the
maximum extent possible;
(3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions
of higher education;
(4) workplace readiness training to develop
social skills and independent living; and
(5) instruction in self-advocacy, which may
include peer mentoring.
(c) Authorized activities
Funds available under subsection (a) and remaining after the provision of the required activities described in subsection (b) may be used
to improve the transition of students with disabilities described in subsection (a) from school
to postsecondary education or an employment
outcome by—
(1) implementing effective strategies to increase the likelihood of independent living and
inclusion in communities and competitive integrated workplaces;
(2) developing and improving strategies for
individuals with intellectual disabilities and
individuals with significant disabilities to live
independently, participate in postsecondary
education experiences, and obtain and retain
competitive integrated employment;
(3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students
with disabilities;
(4) disseminating information about innovative, effective, and efficient approaches to
achieve the goals of this section;
(5) coordinating activities with transition
services provided by local educational agencies under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
(6) applying evidence-based findings to improve policy, procedure, practice, and the
preparation of personnel, in order to better
achieve the goals of this section;
(7) developing model transition demonstration projects;
(8) establishing or supporting multistate or
regional partnerships involving States, local
educational agencies, designated State units,
developmental disability agencies, private
businesses, or other participants to achieve
the goals of this section; and
(9) disseminating information and strategies
to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations.
(d) Pre-employment transition coordination
Each local office of a designated State unit
shall carry out responsibilities consisting of—
(1) attending individualized education program meetings for students with disabilities,
when invited;

Page 248

(2) working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students
with disabilities, including internships, summer employment and other employment opportunities available throughout the school
year, and apprenticeships;
(3) work with schools, including those carrying
out
activities
under
section
614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities
Education
Act
(20
U.S.C.
1414(d)(1)(A)(i)(VIII)), to coordinate and ensure
the provision of pre-employment transition
services under this section; and
(4) when invited, attend person-centered
planning meetings for individuals receiving
services under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.).
(e) National pre-employment transition coordination
The Secretary shall support designated State
agencies providing services under this section,
highlight best State practices, and consult with
other Federal agencies to advance the goals of
this section.
(f) Support
In carrying out this section, States shall address the transition needs of all students with
disabilities, including such students with physical, sensory, intellectual, and mental health
disabilities.
(Pub. L. 93–112, title I, § 113, as added Pub. L.
113–128, title IV, § 422, July 22, 2014, 128 Stat.
1657.)
Editorial Notes
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in subsec. (c)(5), is title VI of Pub. L. 91–230,
Apr. 13, 1970, 84 Stat. 175, which is classified generally
to chapter 33 (§ 1400 et seq.) of Title 20, Education. For
complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.
The Social Security Act, referred to in subsec. (d)(4),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the
Act is classified generally to subchapter XIX (§ 1396 et
seq.) of chapter 7 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

PART C—AMERICAN INDIAN VOCATIONAL
REHABILITATION SERVICES
§ 741. Vocational rehabilitation services grants
(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

Page 249

§ 741

TITLE 29—LABOR

American Indians who are individuals with disabilities residing on or near such reservations
(referred to in this section as ‘‘eligible individuals’’), consistent with such eligible individuals’
strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice,
so that such individuals may prepare for, and
engage in, high-quality employment that will
increase opportunities for economic self-sufficiency. The non-Federal share of such costs may
be in cash or in kind, fairly valued, and the
Commissioner may waive such non-Federal
share requirement in order to carry out the purposes of this chapter.
(b) Application; effective period; continuation of
programs and services; separate service delivery systems
(1) No grant may be made under this part for
any fiscal year unless an application therefor
has been submitted to and approved by the Commissioner. The Commissioner may not approve
an application unless the application—
(A) is made at such time, in such manner,
and contains such information as the Commissioner may require;
(B) contains assurances that the rehabilitation services provided under this part to
American Indians who are individuals with
disabilities residing on or near a reservation
in a State shall be, to the maximum extent
feasible, comparable to rehabilitation services
provided under this subchapter to other individuals with disabilities residing in the State
and that, where appropriate, may include services traditionally used by Indian tribes;
(C) contains assurances that the application
was developed in consultation with the designated State unit of the State; and
(D) contains assurances that—
(i) all decisions affecting eligibility for vocational rehabilitation services, the nature
and scope of available vocational rehabilitation services and the provision of such services will, consistent with this subchapter, be
made by a representative of the tribal vocational
rehabilitation
program
funded
through the grant; and
(ii) such decisions will not be delegated to
another agency or individual.
(2) The provisions of sections 5305, 5306, 5307,
and 5321(a) of title 25 shall be applicable to any
application submitted under this part. For purposes of this paragraph, any reference in any
such provision to the Secretary of Education or
to the Secretary of the Interior shall be considered to be a reference to the Commissioner.
(3) Any application approved under this part
shall be effective for not more than 60 months,
except as determined otherwise by the Commissioner pursuant to prescribed regulations. The
State shall continue to provide vocational rehabilitation services under its State plan to American Indians residing on or near a reservation
whenever such State includes any such American Indians in its State population under section 730(a)(1) of this title.
(4) In making grants under this part, the Secretary shall give priority consideration to applications for the continuation of programs which
have been funded under this part.

(5) Nothing in this section may be construed
to authorize a separate service delivery system
for Indian residents of a State who reside in
non-reservation areas.
(c) Funds reserved for training and technical assistance
(1) From the funds appropriated and made
available to carry out this part for any fiscal
year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8
percent and not more than 2 percent of the funds
to provide training and technical assistance to
governing bodies described in subsection (a) for
such fiscal year.
(2) From the funds reserved under paragraph
(1), the Commissioner shall make grants to, or
enter into contracts or other cooperative agreements with, entities that have experience in the
operation of vocational rehabilitation services
programs under this section to provide such
training and technical assistance with respect
to developing, conducting, administering, and
evaluating such programs.
(3) The Commissioner shall conduct a survey
of the governing bodies regarding training and
technical assistance needs in order to determine
funding priorities for such grants, contracts, or
cooperative agreements.
(4) To be eligible to receive a grant or enter
into a contract or cooperative agreement under
this section, such an entity shall submit an application to the Commissioner at such time, in
such manner, and containing a proposal to provide such training and technical assistance, and
containing such additional information as the
Commissioner may require. The Commissioner
shall provide for peer review of applications by
panels that include persons who are not government employees and who have experience in the
operation of vocational rehabilitation services
programs under this section.
(d) ‘‘Reservation’’ defined
The term ‘‘reservation’’ includes Indian reservations, public domain Indian allotments,
former Indian reservations in Oklahoma, and
land held by incorporated Native groups, regional corporations, and village corporations
under the provisions of the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et seq.].
(Pub. L. 93–112, title I, § 121, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1166;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(b)(10)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–413; Pub. L. 113–128, title IV, § 423, July 22,
2014, 128 Stat. 1659.)
Editorial Notes
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in subsec. (d), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.
688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short
Title note set out under section 1601 of Title 43 and Tables.
PRIOR PROVISIONS
Prior sections 741 to 744 and 750 were omitted in the
general amendment of this subchapter by Pub. L.
105–220.

§ 751

TITLE 29—LABOR

Section 741, Pub. L. 93–112, title I, § 121, as added Pub.
L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4392, related to contents of strategic plans.
Another prior section 741, Pub. L. 93–112, title I, § 121,
Sept. 26, 1973, 87 Stat. 373; Pub. L. 93–516, title I, § 102(c),
Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 102(c),
Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, § 2(c), Mar. 15,
1976, 90 Stat. 211; Pub. L. 95–602, title I, §§ 101(e)(2),
122(b), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 98–221,
title I, § 114, Feb. 22, 1984, 98 Stat. 23; Pub. L. 99–506,
title I, § 103(d)(2)(C), title II, § 210, Oct. 21, 1986, 100 Stat.
1810, 1819; Pub. L. 100–630, title II, § 202(h), Nov. 7, 1988,
102 Stat. 3306; Pub. L. 102–52, § 2(b)(2), June 6, 1991, 105
Stat. 260, related to payments to States for planning,
preparing, and initiating special programs under approved State plans and payments for the costs of constructing facilities to be used in providing services
under such State plans, prior to the general amendment of part C of former subchapter I of this chapter
by Pub. L. 102–569.
Section 742, Pub. L. 93–112, title I, § 122, as added Pub.
L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4393, related to process for developing strategic plans.
Section 743, Pub. L. 93–112, title I, § 123, as added Pub.
L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4393, related to use of funds.
Section 744, Pub. L. 93–112, title I, § 124, as added Pub.
L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4395;
amended Pub. L. 103–73, title I, § 107(h), Aug. 11, 1993, 107
Stat. 723, related to allotments among States.
Section 750, Pub. L. 93–112, title I, § 130, Sept. 26, 1973,
87 Stat. 374; Pub. L. 93–516, title I, § 111(g), Dec. 7, 1974,
88 Stat. 1621; Pub. L. 93–651, title I, § 111(g), Nov. 21, 1974,
89 Stat. 2–6; Pub. L. 95–602, title I, § 106, Nov. 6, 1978, 92
Stat. 2960; Pub. L. 99–506, title I, § 103(d)(2)(C), title II,
§ 211, title X, § 1002(b)(1), Oct. 21, 1986, 100 Stat. 1810, 1819,
1844; Pub. L. 100–630, title II, § 202(i), Nov. 7, 1988, 102
Stat. 3306; Pub. L. 102–569, title I, § 102(p)(11), Oct. 29,
1992, 106 Stat. 4357, related to American Indian vocational rehabilitation services grants.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128, § 423(1), inserted
‘‘(referred to in this section as ‘eligible individuals’),
consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals
may prepare for, and engage in, high-quality employment that will increase opportunities for economic
self-sufficiency’’ after ‘‘on or near such reservations’’.
Subsec. (b)(1)(D). Pub. L. 113–128, § 423(2), added subpar. (D).
Subsecs. (c), (d). Pub. L. 113–128, § 423(3), (4), added
subsec. (c) and redesignated former subsec. (c) as (d).
1998—Pub. L. 105–277 made technical amendment to
section designation and catchline in original.

PART D—VOCATIONAL REHABILITATION SERVICES
CLIENT INFORMATION
§ 751. Data sharing
(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.

Page 250

(2) Employment statistics
The Secretary of Labor shall provide the
Commissioner with employment statistics
specified in section 49l–2 of this title, that facilitate evaluation by the Commissioner of the
program carried out under part B, and allow
the Commissioner to compare the progress of
individuals with disabilities who are assisted
under the program in securing, retaining, regaining, and advancing in employment with
the progress made by individuals who are assisted under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et
seq.].
(b) Treatment of information
For purposes of the exchange described in subsection (a)(1), the data described in subsection
(a)(1)(B)(ii) shall not be considered return information (as defined in section 6103(b)(2) of title
26) and, as appropriate, the confidentiality of all
client information shall be maintained by the
Rehabilitation Services Administration and the
Social Security Administration.
(Pub. L. 93–112, title I, § 131, as added Pub. L.
105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1167;
amended Pub. L. 113–128, title IV, § 424, July 22,
2014, 128 Stat. 1660.)
Editorial Notes
REFERENCES IN TEXT
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(2), is Pub. L. 113–128, July 22,
2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 3101 of
this title and Tables.
PRIOR PROVISIONS
A prior section 751, Pub. L. 93–112, title I, § 131, as
added Pub. L. 95–602, title I, § 106, Nov. 6, 1978, 92 Stat.
2961, and amended Pub. L. 99–506, title I, § 103(d)(2)(C),
Oct. 21, 1986, 100 Stat. 1810, directed Secretary to submit to Congress, not less than thirty months after Nov.
6, 1978, an evaluation of programs conducted under part
D of former subchapter I of this chapter, prior to repeal
by Pub. L. 99–506, title X, § 1002(b)(2)(A), Oct. 21, 1986, 100
Stat. 1844.
A prior section 752, Pub. L. 93–112, title I, § 131, formerly § 132, as added Pub. L. 99–506, title II, § 212(a), Oct.
21, 1986, 100 Stat. 1820; renumbered § 132, Pub. L. 100–630,
title II, § 202(j), Nov. 7, 1988, 102 Stat. 3307, provided for
study on special problems and needs of Indians with
handicaps both on and off the reservation, prior to repeal by Pub. L. 102–569, title I, § 135(a), Oct. 29, 1992, 106
Stat. 4396.
Prior sections 753 and 753a were omitted in the general amendment of this subchapter by Pub. L. 105–220.
Section 753, Pub. L. 93–112, title I, § 140, as added Pub.
L. 103–73, title I, § 108, Aug. 11, 1993, 107 Stat. 724, related
to review of data collection and reporting system.
Section 753a, Pub. L. 93–112, title I, § 141, as added
Pub. L. 103–73, title I, § 108, Aug. 11, 1993, 107 Stat. 725,
related to exchange of data.
AMENDMENTS
2014—Subsec. (a)(2). Pub. L. 113–128 substituted ‘‘title
I of the Workforce Innovation and Opportunity Act’’
for ‘‘title I of the Workforce Investment Act of 1998’’.

Page 251

§ 761

TITLE 29—LABOR

Statutory Notes and Related Subsidiaries
DEFINITIONS OF TERMS IN PUB. L. 113–128
Except as otherwise provided, definitions in section 3
of Pub. L. 113–128, which is classified to section 3102 of
this title, apply to this section.

SUBCHAPTER II—RESEARCH AND
TRAINING
Editorial Notes
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, § 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.

to rehabilitation professionals, individuals
with disabilities, and other interested parties,
including the general public;
(5) identify effective strategies that enhance
the opportunities of individuals with disabilities, including individuals with intellectual
and psychiatric disabilities, to engage in employment, including employment involving
telecommuting and self-employment;
(6) identify strategies for effective coordination of services to job seekers with disabilities
available through programs of one-stop partners, as defined in section 3102 of this title;
(7) increase opportunities for researchers
who are members of traditionally underserved
populations, including researchers who are
members of minority groups and researchers
who are individuals with disabilities; and
(8) identify effective strategies for supporting the employment of individuals with
disabilities in competitive integrated employment.
(Pub. L. 93–112, title II, § 200, as added Pub. L.
105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1167;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–412; Pub. L. 113–128, title IV, § 431, July 22,
2014, 128 Stat. 1660.)

§ 760. Declaration of purpose
The purpose of this subchapter is to—
(1) provide for research, demonstration
projects, training, technical assistance, and
related activities to maximize the full inclusion and integration into society, employment, independent living, family support, and
economic and social self-sufficiency of individuals with disabilities of all ages, with particular emphasis on improving the effectiveness of services authorized under this chapter;
(2) provide for a comprehensive and coordinated approach to the support and conduct of
such research, demonstration projects, training, technical assistance, and related activities and to ensure that the approach is in accordance with the 5-year plan developed under
section 762(h) of this title;
(3) promote the transfer and use of rehabilitation technology to individuals with disabilities, in a timely and efficient manner,
through research and demonstration projects
relating to—
(A) the procurement process for the purchase of rehabilitation technology;
(B) the utilization of rehabilitation technology on a national basis;
(C) specific adaptations or customizations
of products to enable individuals with disabilities to live more independently; and
(D) the development or transfer of assistive technology;
(4) ensure the widespread dissemination, in
usable formats, of practical scientific and
technological information—
(A) generated by research, demonstration
projects, training, and related activities; and
(B) regarding state-of-the-art practices,
improvements in the services authorized
under this chapter, rehabilitation technology, and new knowledge regarding disabilities,

Editorial Notes
PRIOR PROVISIONS
A prior section 760, Pub. L. 93–112, title II, § 200, Sept.
26, 1973, 87 Stat. 374; Pub. L. 95–602, title I, § 107, Nov. 6,
1978, 92 Stat. 2962; Pub. L. 99–506, title I, § 103(d)(2)(C),
Oct. 21, 1986, 100 Stat. 1810; Pub. L. 102–569, title II, § 201,
Oct. 29, 1992, 106 Stat. 4398, contained congressional declaration of purpose, prior to the general amendment of
this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Pars. (1), (2). Pub. L. 113–128, § 431(1), (2), inserted ‘‘technical assistance,’’ after ‘‘training,’’.
Par. (3). Pub. L. 113–128, § 431(3), in introductory provisions, inserted ‘‘and use’’ after ‘‘transfer’’ and ‘‘, in a
timely and efficient manner,’’ after ‘‘disabilities’’.
Par. (4). Pub. L. 113–128, § 431(4), substituted ‘‘dissemination’’ for ‘‘distribution’’ in introductory provisions.
Par. (5). Pub. L. 113–128, § 431(5), inserted ‘‘, including
individuals with intellectual and psychiatric disabilities,’’ after ‘‘disabilities’’ and struck out ‘‘and’’ after
semicolon at end.
Par. (6). Pub. L. 113–128, § 431(7), added par. (6). Former
par. (6) redesignated (7).
Par. (7). Pub. L. 113–128, § 431(6), redesignated par. (6)
as (7).
Par. (8). Pub. L. 113–128, § 431(8), (9), added par. (8).
1998—Pub. L. 105–277 made technical amendment to
directory language of Pub. L. 105–220, § 405, which enacted this section.

§ 761. Authorization of appropriations
There are authorized to be appropriated to
carry out this subchapter $103,970,000 for fiscal
year 2015, $112,001,000 for fiscal year 2016,
$114,325,000 for fiscal year 2017, $116,860,000 for
fiscal year 2018, $119,608,000 for fiscal year 2019,
and $122,143,000 for fiscal year 2020.
(Pub. L. 93–112, title II, § 201, as added Pub. L.
105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1168;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–412; Pub. L. 113–128, title IV, § 432, July 22,
2014, 128 Stat. 1660.)

§ 762

TITLE 29—LABOR
Editorial Notes
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, § 201, Sept. 26, 1973,
87 Stat. 374; Pub. L. 93–516, title I, § 103, Dec. 7, 1974, 88
Stat. 1618; Pub. L. 93–651, title I, § 103, Nov. 21, 1974, 89
Stat. 2–3; Pub. L. 94–230, §§ 3, 11(b)(5), (6), Mar. 15, 1976,
90 Stat. 211, 213; Pub. L. 95–602, title I, § 108, Nov. 6, 1978,
92 Stat. 2962; Pub. L. 98–221, title I, § 121, Feb. 22, 1984,
98 Stat. 23; Pub. L. 99–506, title III, § 301, Oct. 21, 1986,
100 Stat. 1820; Pub. L. 100–630, title II, § 203(a), Nov. 7,
1988, 102 Stat. 3307; Pub. L. 102–52, § 3, June 6, 1991, 105
Stat. 260; Pub. L. 102–569, title II, § 202, Oct. 29, 1992, 106
Stat. 4398, authorized appropriations.
Section 761a, Pub. L. 93–112, title II, § 202, as added
Pub. L. 95–602, title I, § 109(4), Nov. 6, 1978, 92 Stat. 2963;
amended Pub. L. 98–221, title I, §§ 104(a)(4), (b)(1), 122,
Feb. 22, 1984, 98 Stat. 18, 23; Pub. L. 99–506, title I,
§ 103(d)(2)(C), title III, §§ 302, 303, title X, §§ 1001(c),
1002(c), Oct. 21, 1986, 100 Stat. 1810, 1820, 1821, 1842, 1844;
Pub. L. 100–630, title II, § 203(b), Nov. 7, 1988, 102 Stat.
3307; Pub. L. 102–54, § 13(k)(1)(A), June 13, 1991, 105 Stat.
276; Pub. L. 102–569, title I, § 102(p)(12), title II, § 203, Oct.
29, 1992, 106 Stat. 4357, 4399; Pub. L. 103–73, title I,
§§ 102(4), 109(a), Aug. 11, 1993, 107 Stat. 718, 725; Pub. L.
103–218, title IV, § 402(a), Mar. 9, 1994, 108 Stat. 96; Pub.
L. 103–382, title III, § 394(i)(1), Oct. 20, 1994, 108 Stat. 4028,
related to National Institute on Disability and Rehabilitation Research. See section 762 of this title.
Section 761b, Pub. L. 93–112, title II, § 203, as added
Pub. L. 95–602, title I, § 109(4), Nov. 6, 1978, 92 Stat. 2965;
amended Pub. L. 96–88, title V, § 508(m)(1), Oct. 17, 1979,
93 Stat. 694; Pub. L. 98–221, title I, § 104(b)(2), Feb. 22,
1984, 98 Stat. 18; Pub. L. 99–506, title I, § 103(d)(2)(C),
title III, § 304, Oct. 21, 1986, 100 Stat. 1810, 1822; Pub. L.
100–630, title II, § 203(c), Nov. 7, 1988, 102 Stat. 3307; Pub.
L. 102–54, § 13(k)(1)(B), June 13, 1991, 105 Stat. 276; Pub.
L. 102–569, title I, § 102(p)(13), title II, § 204, Oct. 29, 1992,
106 Stat. 4358, 4403, related to Interagency Committee
on Disability Research. See section 763 of this title.
AMENDMENTS
2014—Pub. L. 113–128 amended section generally. Prior
to amendment, section authorized appropriations to
carry out sections 762 and 764 of this title for fiscal
years 1999 through 2003.
1998—Pub. L. 105–277 made technical amendment to
directory language of Pub. L. 105–220, § 405, which enacted this section.

§ 762. National Institute on Disability, Independent Living, and Rehabilitation Research
(a) Establishment; Director as principal officer
(1) There is established within the Administration for Community Living of the Department of
Health and Human Services a National Institute
on Disability, Independent Living, and Rehabilitation Research (referred to in this subchapter
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, training, and
technical assistance;
(iii) outreach and information that clarifies research implications for policy and
practice; and
(iv) 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;

Page 252

(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 Administrator for the Administration for
Community Living of the Department of Health
and Human Services.
(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—
(i) independent living;
(ii) rehabilitation; or
(iii) providing rehabilitation or independent living 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 on disability, independent living, and rehabilitation;
(4) widely disseminating educational materials and research results, concerning ways to
maximize the full inclusion and integration
into society, employment, independent living,
education, health and wellness, family support, and economic and social self-sufficiency
of individuals with disabilities, to—
(A) public and private entities, including—
(i) elementary schools and secondary
schools (as defined in section 7801 of title
20); and
(ii) institutions of higher education;
(B) rehabilitation practitioners;
(C) employers and organizations representing employers with respect to employment-based educational materials or research;
(D) 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);
(E) the individuals’ representatives for the
individuals described in subparagraph (D);
and
(F) the Committee on Education and the
Workforce of the House of Representatives,
the Committee on Appropriations of the
House of Representatives, the Committee on
Health, Education, Labor, and Pensions of
the Senate, and the Committee on Appropriations of the Senate;

Page 253

TITLE 29—LABOR

(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 disability,
independent living, and 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, education, health
and wellness, family support, and economic
and social self-sufficiency of individuals with
disabilities;
(7) 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 and wellness, income, education, 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 independent living, vocational,
and rehabilitation services for individuals
with disabilities;
(8) conducting research on consumer satisfaction with independent living and vocational
rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote
the independence of individuals with disabilities and achievement of long-term independent living and employment goals;
(9) conducting research to examine the relationship between the provision of specific services and successful, sustained employment
outcomes, including employment outcomes involving self-employment, supported employment (including customized employment), and
telecommuting; and
(10) 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 re-

§ 762

quired under section 506 2 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 knowledge of and
experience in independent living, rehabilitation,
and 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
2 See

References in Text note below.

§ 762

TITLE 29—LABOR

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 Department
of Health and Human Services employees. The
Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation,
including individuals with disabilities and the
individuals’ representatives, and who have sufficient expertise to review the projects.
(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 disability, independent living, and rehabilitation
research, demonstration projects, training,
dissemination, 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 areas of employment and independent living;
(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 coordinated with the strategic plan
required under section 763(c) of this title—

Page 254

(i) after consultation with the Disability,
Independent Living, and Rehabilitation Research Advisory Council established under
section 765 of this title;
(ii) in coordination with the Administrator;
(iii) after consultation with the National
Council on Disability established under subchapter IV, 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 independent living
and rehabilitation fields, and any other persons or entities the Director considers to be
appropriate;
(E) be developed by the Director;
(F) specify plans for widespread dissemination of the results of covered activities, and
information that clarifies implications of the
results for practice, in accessible formats, to
rehabilitation practitioners, individuals with
disabilities, and the individuals’ representatives; and
(G) specify plans for widespread dissemination of the results of covered activities and information that clarifies implications of the results for practice 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

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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.
(k) Grants for training
The Director shall make grants to institutions
of higher education for the training of independent living and rehabilitation researchers,
including individuals with disabilities and traditionally underserved populations of individuals
with disabilities, as described in section 718 of
this title, with particular attention to research
areas that—
(1) support the implementation and objectives of this chapter; and
(2) improve the effectiveness of services authorized under this chapter.
(l) Annual report
(1) Not later than December 31 of each year,
the Director shall prepare, and submit to the
Secretary, the Committee on Health, Education,
Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the
House of Representatives, a report on the activities funded under this subchapter.
(2) The report under paragraph (1) shall include—
(A) a compilation and summary of the information provided by recipients of funding for
such activities under this subchapter;
(B) a summary describing the funding received under this subchapter and the progress
of the recipients of the funding in achieving
the measurable goals described in section
764(d)(2) of this title; and
(C) a summary of implications of research
outcomes on practice.
(m) Action taken for failure to comply
(1) If the Director determines that an entity
that receives funding under this subchapter fails
to comply with the applicable requirements of
this chapter, or to make progress toward achieving the measurable goals described in section
764(d)(2) of this title, with respect to the covered
activities involved, the Director shall utilize
available monitoring and enforcement measures.
(2) As part of the annual report required under
subsection (l), the Secretary shall describe each
action taken by the Secretary under paragraph
(1) and the outcomes of such action.
(Pub. L. 93–112, title II, § 202, as added Pub. L.
105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1168;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–412; Pub. L. 106–402, title IV, § 401(b)(3)(B),
Oct. 30, 2000, 114 Stat. 1737; Pub. L. 107–110, title
X, § 1076(u)(1), Jan. 8, 2002, 115 Stat. 2092; Pub. L.
108–173, title IX, § 900(e)(6)(A), Dec. 8, 2003, 117
Stat. 2373; Pub. L. 113–128, title IV, § 433, July 22,
2014, 128 Stat. 1661; Pub. L. 114–95, title IX,
§ 9215(mmm)(1), Dec. 10, 2015, 129 Stat. 2188.)

Editorial Notes
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred
to in subsec. (b)(10), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327, which is classified principally to chapter 126
(§ 12101 et seq.) of Title 42, The Public Health and Welfare. Section 506 of the Act was renumbered section 507
by Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558.
For complete classification of this Act to the Code, see
Short Title note set out under section 12101 of Title 42
and Tables.
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 (§ 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.
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, § 204, formerly § 202, Sept. 26, 1973, 87 Stat. 375, amended Pub. L.
93–516, title I, § 111(h), Dec. 7, 1974, 88 Stat. 1621; Pub. L.
93–651, title I, § 111(h), Nov. 21, 1974, 89 Stat. 2–6; renumbered and amended Pub. L. 95–602, title I, §§ 109(3), 110,
111, Nov. 6, 1978, 92 Stat. 2963, 2966; Pub. L. 98–221, title
I, §§ 104(a)(5), 123, Feb. 22, 1984, 98 Stat. 18, 24; Pub. L.
99–506, title I, § 103(d)(2)(C), (h)(2), title III, §§ 302(b), 305,
Oct. 21, 1986, 100 Stat. 1810, 1811, 1821, 1822; Pub. L.
100–630, title II, § 203(d), Nov. 7, 1988, 102 Stat. 3308; Pub.
L. 102–569, title I, § 102(p)(14), title II, § 205, Oct. 29, 1992,
106 Stat. 4358, 4403; Pub. L. 103–73, title I, § 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
2015—Subsec. (b)(4)(A)(i). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.
2014—Pub. L. 113–128, § 433(1), inserted ‘‘, Independent
Living,’’ after ‘‘Disability’’ in section catchline.
Subsec. (a)(1). Pub. L. 113–128, § 433(2)(A)(i), in introductory provisions, substituted ‘‘Administration for
Community Living of the Department of Health and
Human Services a National Institute on Disability,
Independent Living, and Rehabilitation Research (referred to in this subchapter as the ‘Institute’), which’’
for ‘‘Department of Education a National Institute on
Disability and Rehabilitation Research (hereinafter in
this subchapter referred to as the ‘Institute’), which’’.
Subsec. (a)(1)(A)(ii). Pub. L. 113–128, § 433(2)(A)(ii)(I),
substituted ‘‘, training, and technical assistance;’’ for
‘‘and training; and’’.
Subsec.
(a)(1)(A)(iii),
(iv).
Pub.
L.
113–128,
§ 433(2)(A)(ii)(II), (III), added cl. (iii) and redesignated
former cl. (iii) as (iv).
Subsec. (a)(2). Pub. L. 113–128, § 433(2)(B), substituted
‘‘directly responsible to the Administrator for the Administration for Community Living of the Department
of Health and Human Services.’’ for ‘‘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.’’
Subsec. (b)(2)(B). Pub. L. 113–128, § 433(3)(A), added
subpar. (B) and struck out former subpar. (B) which
read as follows: ‘‘private organizations engaged in research relating to rehabilitation or providing rehabilitation services;’’.
Subsec. (b)(3). Pub. L. 113–128, § 433(3)(B), substituted
‘‘on disability, independent living, and rehabilitation’’
for ‘‘in rehabilitation’’.
Subsec. (b)(4). Pub. L. 113–128, § 433(3)(C), inserted
‘‘education, health and wellness,’’ after ‘‘independent

§ 762

TITLE 29—LABOR

living,’’ in introductory provisions, added subpars. (A)
to (F), and struck out former subpars. (A) to (D) which
were substantially similar to subpars. (A), (B), (D), and
(E), respectively.
Subsec. (b)(6). Pub. L. 113–128, § 433(3)(D), substituted
‘‘advances in disability, independent living, and rehabilitation’’ for ‘‘advances in rehabilitation’’ and inserted ‘‘education, health and wellness,’’ after ‘‘employment, independent living,’’.
Subsec. (b)(7). Pub. L. 113–128, § 433(3)(G), substituted
‘‘health and wellness, income, education,’’ for ‘‘health,
income,’’ and ‘‘and evaluation of independent living,
vocational, and’’ for ‘‘and evaluation of vocational and
other’’.
Pub. L. 113–128, § 433(3)(E), (F), redesignated par. (8) as
(7) and struck out former par. (7) which read as follows:
‘‘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;’’.
Subsec. (b)(8). Pub. L. 113–128, § 433(3)(F), (H), redesignated par. (9) as (8) and substituted ‘‘with independent
living and vocational rehabilitation services for the
purpose of identifying effective independent living and
rehabilitation programs and policies that promote the
independence of individuals with disabilities and
achievement of long-term independent living and employment goals’’ for ‘‘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’’. Former par. (8)
redesignated (7).
Subsec. (b)(9). Pub. L. 113–128, § 433(3)(F), (I), redesignated par. (10) as (9) and substituted ‘‘, supported employment (including customized employment), and
telecommuting; and’’ for ‘‘and telecommuting; and’’.
Former par. (9) redesignated (8).
Subsec. (b)(10), (11). Pub. L. 113–128, § 433(3)(F), redesignated pars. (10) and (11) as (9) and (10), respectively.
Subsec. (d)(1). Pub. L. 113–128, § 433(4), substituted
‘‘The Director shall be an individual with substantial
knowledge of and experience in independent living, rehabilitation, and research administration.’’ for ‘‘The
Director shall be an individual with substantial experience in rehabilitation and in research administration.’’
Subsec. (f)(1). Pub. L. 113–128, § 433(5), substituted
‘‘The scientific peer review shall be conducted by individuals who are not Department of Health and Human
Services employees. The Secretary shall consider for
peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.’’ for ‘‘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.’’
Subsec. (h)(1)(A). Pub. L. 113–128, § 433(6)(A), substituted ‘‘priorities for disability, independent living,
and rehabilitation research,’’ for ‘‘priorities for rehabilitation research,’’ and inserted ‘‘dissemination,’’
after ‘‘training,’’.
Subsec. (h)(2)(A). Pub. L. 113–128, § 433(6)(B)(i), substituted ‘‘especially in the areas of employment and
independent living’’ for ‘‘especially in the area of employment’’.
Subsec. (h)(2)(D). Pub. L. 113–128, § 433(6)(B)(ii)(I), substituted ‘‘coordinated with the strategic plan required
under section 763(c) of this title’’ for ‘‘developed by the
Director’’ in introductory provisions.
Subsec. (h)(2)(D)(i). Pub. L. 113–128, § 433(6)(B)(ii)(II),
substituted ‘‘Disability, Independent Living, and Rehabilitation’’ for ‘‘Rehabilitation’’.
Subsec. (h)(2)(D)(ii). Pub. L. 113–128, § 433(6)(B)(ii)(III),
substituted ‘‘Administrator’’ for ‘‘Commissioner’’.

Page 256

Subsec. (h)(2)(D)(iv). Pub. L. 113–128, § 433(6)(B)(ii)(IV),
substituted ‘‘researchers in the independent living and
rehabilitation fields’’ for ‘‘researchers in the rehabilitation field’’.
Subsec. (h)(2)(E). Pub. L. 113–128, § 433(6)(B)(iv), added
subpar. (E). Former subpar. (E) redesignated (F).
Subsec. (h)(2)(F). Pub. L. 113–128, § 433(6)(B)(iii), (v),
redesignated subpar. (E) as (F) and inserted ‘‘and information that clarifies implications of the results for
practice,’’ after ‘‘covered activities,’’. Former subpar.
(F) redesignated (G).
Subsec. (h)(2)(G). Pub. L. 113–128, § 433(6)(B)(iii), (vi),
redesignated subpar. (F) as (G) and inserted ‘‘and information that clarifies implications of the results for
practice’’ after ‘‘covered activities’’.
Subsec. (j)(3). Pub. L. 113–128, § 433(7), struck out par.
(3) which read as follows: ‘‘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.’’
Subsecs. (k) to (m). Pub. L. 113–128, § 433(8), added subsecs. (k) to (m) and struck out former subsec. (k). Prior
to amendment, text of subsec. (k) read as follows: ‘‘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.’’
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, § 405, which enacted this section.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of Title
20, Education.
EFFECTIVE DATE OF 2002 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, § 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

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TITLE 29—LABOR

be considered to be a reference to the ‘National Institute on Disability and Rehabilitation Research’.’’
[Functions which the Director of the National Institute on Disability and Rehabilitation Research exercised before July 22, 2014 (including all related functions of any officer or employee of the National Institute on Disability and Rehabilitation Research), transferred to the National Institute on Disability, Independent Living, and Rehabilitation Research, see subsection (n) of section 3515e of Title 42, The Public
Health and Welfare.]

§ 762a. Research and demonstration projects
(a) Multiple and interrelated service needs of individuals with handicaps; report to Congress
The Secretary of Education is authorized to
make grants to, and to enter into contract with,
public and nonprofit agencies and organizations
for the purpose of research and demonstration
projects specifically designed to address the
multiple and interrelated service needs of individuals with handicaps, the elderly, and children, youths, adults, and families. A report evaluating each project funded under this section
shall be submitted to appropriate committees of
the Congress within four months after the date
each such project is completed.
(b) Authorization of appropriations
There are authorized to be appropriated to
carry out this section such sums as may be necessary.
No funds other than those appropriated pursuant to this subsection can be used for the conduct of research specifically authorized by this
section.
(c) Study on impact of vocational rehabilitation
services; transmittal to Congress
Within one year after the date appropriations
are made under subsection (b) for purposes of research and demonstration projects under subsection (a), the Secretary shall prepare and
transmit to the Congress a study concerning the
impact of vocational rehabilitation services provided under the Rehabilitation Act of 1973 [29
U.S.C. 701 et seq.] on recipients of disability payments under titles II and XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.].
The study shall examine the relationship between the vocational rehabilitation services provided under the Rehabilitation Act of 1973 and
the programs under sections 222 and 1615 of the
Social Security Act [42 U.S.C. 422, 1382d], and
shall include—
(1) an analysis of the savings in disability
benefit payments under titles II and XVI of
the Social Security Act as a result of the provision of vocational rehabilitation services
under the Rehabilitation Act of 1973;
(2) a specification of the rate of return to the
active labor force by recipients of services
under sections 222 and 1615 of the Social Security Act;
(3) a specification of the total amount of expenditures, in the five fiscal years preceding
the date of submission of the report, for vocational rehabilitation services under the Rehabilitation Act of 1973 and under sections 222
and 1615 of the Social Security Act, and recommendations for the coordinated presentation of such expenditures in the Budget sub-

mitted by the President pursuant to section
1105 of title 31; and
(4) recommendations to improve the coordination of services under the Rehabilitation
Act of 1973 with programs under sections 222
and 1615 of the Social Security Act, including
recommendations for increasing savings in
disability benefits payments and the rate of
return to the active labor force by recipients
of services under sections 222 and 1615 of the
Social Security Act.
(Pub. L. 95–602, title IV, § 401, Nov. 6, 1978, 92
Stat. 3002; Pub. L. 98–221, title I, § 104(c)(1), Feb.
22, 1984, 98 Stat. 18; Pub. L. 99–506, title I,
§ 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810.)
Editorial Notes
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
(§ 701 et seq.). For complete classification of this Act to
the Code, see Short Title note set out under section 701
of this title and Tables.
The Social Security Act, referred to in subsec. (c), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles
II and XVI of the Social Security Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et
seq.), respectively, of chapter 7 of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see section 1305 of Title 42 and Tables.
CODIFICATION
In subsec. (c)(3), ‘‘section 1105 of title 31’’ was substituted for ‘‘section 201 of the Budget and Accounting
Act, 1921 [31 U.S.C. 11]’’ on authority of Pub. L. 97–258,
§ 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
Section was enacted as part of the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Amendments of 1978, and not as part of Rehabilitation Act of 1973 which comprises this chapter.
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’’.

§ 763. Interagency Committee
(a) Establishment; membership; meetings
(1) In order to promote coordination and cooperation among Federal departments and agencies conducting disability, independent living,
and rehabilitation research programs, including
programs relating to assistive technology research and research that incorporates the principles of universal design, there is established
within the Federal Government an Interagency
Committee on Disability Research (hereinafter
in this section referred to as the ‘‘Committee’’),
chaired by the Secretary, or the Secretary’s designee, and comprised of such members as the
President may designate, including the following (or their designees): the Director, the
Commissioner of the Rehabilitation Services
Administration, the Assistant Secretary for
Special Education and Rehabilitative Services,
the Assistant Secretary of Labor for Disability
Employment Policy, the Secretary of Defense,
the Administrator of the Administration for

§ 763

TITLE 29—LABOR

Community Living, the Secretary of Education,
the Secretary of Veterans Affairs, the Director
of the National Institutes of Health, the Director of the National Institute of Mental Health,
the Administrator of the National Aeronautics
and Space Administration, the Secretary of
Transportation, the Assistant Secretary of the
Interior for Indian Affairs, the Director of the
Indian Health Service, the Director of the National Science Foundation and the Administrator of the Small Business Administration.
(2) The Committee shall meet not less than
four times each year, and for not less than 1 of
such meetings at least every 2 years, the Committee shall invite policymakers, representatives from other Federal agencies conducting
relevant research, individuals with disabilities,
organizations representing individuals with disabilities, researchers, and providers, to offer
input on the Committee’s work, including the
development and implementation of the strategic plan required under subsection (c).
(b) Duties
(1) After receiving input individuals 1 with disabilities, the Committee shall identify, assess,
and seek to coordinate all Federal programs, activities, and projects, and plans for such programs, activities, and projects with respect to
the conduct of research (including assistive
technology research and research that incorporates the principles of universal design) related to independent living and rehabilitation of
individuals with disabilities.
(2) In carrying out its duties with respect to
the conduct of Federal research (including assistive technology research and research that
incorporates the principles of universal design)
related to rehabilitation of individuals with disabilities, the Committee shall—
(A) share information regarding the range of
assistive technology research, independent living research, and research that incorporates
the principles of universal design, that is
being carried out by members of the Committee and other Federal departments and organizations;
(B) identify, and make efforts to address,
gaps in assistive technology research, independent living research, and research that incorporates the principles of universal design
that are not being adequately addressed;
(C) identify, and establish, clear research
priorities related to assistive technology research and research that incorporates the
principles of universal design for the Federal
Government;
(D) promote interagency collaboration and
joint research activities relating to assistive
technology research, independent living research, and research that incorporates the
principles of universal design at the Federal
level, and reduce unnecessary duplication of
effort regarding these types of research within
the Federal Government; and
(E) optimize the productivity of Committee
members through resource sharing and other
cost-saving activities, related to assistive
technology research, independent living re1 So

in original. Probably should be preceded by ‘‘from’’.

Page 258

search, and research that incorporates the
principles of universal design.
(c) Strategic plan
(1) The Committee shall develop a comprehensive government wide strategic plan for disability, independent living, and rehabilitation
research.
(2) The strategic plan shall include, at a minimum—
(A) a description of the—
(i) measurable goals and objectives;
(ii) existing resources each agency will devote to carrying out the plan;
(iii) timetables for completing the projects
outlined in the plan; and
(iv) assignment of responsible individuals
and agencies for carrying out the research
activities;
(B) research priorities and recommendations;
(C) a description of how funds from each
agency will be combined, as appropriate, for
projects administered among Federal agencies, and how such funds will be administered;
(D) the development and ongoing maintenance of a searchable government wide inventory of disability, independent living, and rehabilitation research for trend and data analysis across Federal agencies;
(E) guiding principles, policies, and procedures, consistent with the best research practices available, for conducting and administering disability, independent living, and rehabilitation research across Federal agencies;
and
(F) a summary of underemphasized and duplicative areas of research.
(3) The strategic plan described in this subsection shall be submitted to the President and
the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee
on Education and the Workforce of the House of
Representatives.
(d) Annual report
Not later than December 31 of each year, the
Committee shall prepare and submit, to the
President and to the Committee on Education
and the Workforce of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, a report
that—
(1) describes the progress of the Committee
in fulfilling the duties described in subsections
(b) and (c), and including specifically for subsection (c)—
(A) a report of the progress made in implementing the strategic plan, including
progress toward implementing the elements
described in subsection (c)(2)(A); and
(B) detailed budget information.2
(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 re2 So

in original. The period probably should be a semicolon.

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TITLE 29—LABOR

search and research that incorporates the
principles of universal design) related to rehabilitation of individuals with disabilities; and
(3) describes the activities that the Committee recommended to be funded through
grants, contracts, cooperative agreements,
and other mechanisms, for assistive technology research and development and research
and development that incorporates the principles of universal design.
(e) Definitions
In this section—
(1) the terms ‘‘assistive technology’’ and
‘‘universal design’’ have the meanings given
the terms in section 3002 of this title; and
(2) the term ‘‘independent living’’, used in
connection with research, means research on
issues and topics related to attaining maximum self-sufficiency and function by individuals with disabilities, including research on
assistive technology and universal design, employment, education, health and wellness, and
community integration and participation.
(Pub. L. 93–112, title II, § 203, as added Pub. L.
105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1173;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–412; Pub. L. 105–394, title II, § 201, Nov. 13,
1998, 112 Stat. 3651; Pub. L. 108–364, § 3(b)(1), Oct.
25, 2004, 118 Stat. 1737; Pub. L. 113–128, title IV,
§ 434, July 22, 2014, 128 Stat. 1664.)
Editorial Notes
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, § 203, Sept.
26, 1973, 87 Stat. 376, relating to making of grants and
contracts for training of personnel involved in vocational services to handicapped individuals, was renumbered section 304 of Pub. L. 93–112 and transferred to
section 774 of this title prior to repeal by Pub. L.
113–128.
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–128, § 434(1)(A), substituted ‘‘conducting disability, independent living,
and rehabilitation research’’ for ‘‘conducting rehabilitation research’’, ‘‘chaired by the Secretary, or the
Secretary’s designee,’’ for ‘‘chaired by the Director’’,
and ‘‘the Director of the National Science Foundation
and the Administrator of the Small Business Administration.’’ for ‘‘and the Director of the National Science
Foundation.’’ and inserted ‘‘the Assistant Secretary of
Labor for Disability Employment Policy, the Secretary
of Defense, the Administrator of the Administration for
Community Living,’’ after ‘‘Assistant Secretary for
Special Education and Rehabilitative Services,’’.
Subsec. (a)(2). Pub. L. 113–128, § 434(1)(B), inserted
‘‘, and for not less than 1 of such meetings at least
every 2 years, the Committee shall invite policymakers, representatives from other Federal agencies
conducting relevant research, individuals with disabilities, organizations representing individuals with disabilities, researchers, and providers, to offer input on
the Committee’s work, including the development and
implementation of the strategic plan required under
subsection (c)’’ after ‘‘each year’’.
Subsec. (b)(1). Pub. L. 113–128, § 434(2)(A), substituted
‘‘individuals with disabilities’’ for ‘‘from targeted individuals’’ and inserted ‘‘independent living and’’ before
‘‘rehabilitation’’.

Subsec. (b)(2)(A). Pub. L. 113–128, § 434(2)(B)(i), inserted ‘‘independent living research,’’ after ‘‘assistive
technology research,’’.
Subsec. (b)(2)(B). Pub. L. 113–128, § 434(2)(B)(ii), inserted ‘‘, independent living research,’’ after ‘‘assistive
technology research’’.
Subsec. (b)(2)(D), (E). Pub. L. 113–128, § 434(2)(B)(iii),
(iv), substituted ‘‘, independent living research, and research that incorporates the principles of universal design’’ for ‘‘and research that incorporates the principles
of universal design’’.
Subsec. (c). Pub. L. 113–128, § 434(5), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 113–128, § 434(6)(A), substituted
‘‘Committee on Health, Education, Labor, and Pensions
of the Senate’’ for ‘‘Committee on Labor and Human
Resources of the Senate’’ in introductory provisions.
Pub. L. 113–128, § 434(3), (4), redesignated subsec. (c) as
(d) and struck out former subsec. (d) which related to
recommendations for coordinating research among
Federal departments.
Subsec. (d)(1). Pub. L. 113–128, § 434(6)(B), added par.
(1) and struck out former par. (1) which read as follows:
‘‘describes the progress of the Committee in fulfilling
the duties described in subsection (b) of this section;’’.
Subsec. (e)(2). Pub. L. 113–128, § 434(7), added par. (2)
and struck out former par. (2) which read as follows:
‘‘the term ‘targeted individuals’ has the meaning given
the term ‘targeted individuals and entities’ in section
3002 of this title.’’
2004—Subsec. (e). Pub. L. 108–364 added subsec. (e) and
struck out former subsec. (e) which read as follows: ‘‘In
this section, the terms ‘assistive technology’, ‘targeted
individuals’, and ‘universal design’ have the meanings
given the terms in section 3002 of this title.’’
1998—Pub. L. 105–277 made technical amendment to
directory language of Pub. L. 105–220, § 405, which enacted this section.
Subsec. (a)(1). Pub. L. 105–394, § 201(1), inserted ‘‘including programs relating to assistive technology research and research that incorporates the principles of
universal design,’’ after ‘‘programs,’’.
Subsec. (b). Pub. L. 105–394, § 201(2), designated existing provisions as par. (1), substituted ‘‘targeted individuals’’ for ‘‘individuals with disabilities and the individuals’ representatives’’, inserted ‘‘(including assistive
technology research and research that incorporates the
principles of universal design)’’ after ‘‘research’’, and
added par. (2).
Subsec. (c). Pub. L. 105–394, § 201(3), added subsec. (c)
and struck out former subsec. (c) which read as follows:
‘‘The Committee shall annually submit to the President and to the appropriate committees of the Congress
a report making such recommendations as the Committee deems appropriate with respect to coordination
of policy and development of objectives and priorities
for all Federal programs relating to the conduct of research related to rehabilitation of individuals with disabilities.’’
Subsecs. (d), (e). Pub. L. 105–394, § 201(4), added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.

§ 764. Research and other covered activities
(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

§ 764

TITLE 29—LABOR

or private agencies and organizations, including
institutions of higher education, Indian tribes,
and tribal organizations, to fund 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 have practical applications and maximize the full inclusion and integration into society, employment, education,
independent living, health and wellness, 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, including projects addressing the needs described in the State plans submitted under section 721 or 796c of this title by State agencies
and from which the research findings, conclusions, or recommendations can be transferred to
practice.
(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 analyses of factors related to
industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and wellness
variables affecting individuals with disabilities, including traditionally underserved populations as described in section 718 of this
title, and how those variables affect such individuals’ ability to live independently and their
participation in the work force;
(iii) studies and analysis of special problems
of individuals who have significant challenges
engaging in community life outside their
homes and individuals who are in institutional
settings;
(iv) studies, analyses, and demonstrations of
architectural and engineering design adapted
to meet the special needs of individuals with
disabilities, including the principles of universal design and the interoperability of products and services;
(v) studies, analyses, and other activities related to supported employment, and to promoting employment opportunities in competitive integrated 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;
(vii) studies, analyses, and other activities
related to job accommodations, including the
use of rehabilitation engineering, assistive

Page 260

technology, and communications technology;
and
(viii) studies, analyses, and other activities
affecting employment outcomes as defined in
section 705(11) of this title, including self-employment and telecommuting, of individuals
with disabilities.
(3) In carrying out this section, the Director
shall emphasize covered activities that include
plans for—
(A) dissemination of high-quality materials,
of scientifically valid research results, or of
findings, conclusions, and recommendations
resulting from covered activities, including
through electronic means (such as the website
of the Department of Health and Human Services), so that such information is available in
a timely manner to the general public; or
(B) the commercialization of marketable
products, research results, or findings, resulting from the covered activities.
(b) Research grants
(1) In addition to carrying out projects under
subsection (a), 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 (17).1 A research grant made under any
of paragraphs (2) through (17) 1 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, providers of rehabilitation services, developers or providers of
assistive technology devices, assistive technology services, or information technology devices or services, as appropriate, or providers
of other appropriate services; and
(ii) serve as centers of national excellence
and national or regional resources for individuals with disabilities, as well as providers,
educators, and researchers.
(B) The Centers shall conduct research and
training activities by—
(i) conducting coordinated and advanced programs of research in independent living and
rehabilitation targeted toward the production
of new knowledge that will improve independent living and rehabilitation methodology
and service delivery systems, maximize health
and function (including alleviating or stabilizing conditions, or preventing secondary conditions), and promote maximum social and
economic independence of individuals with
disabilities, including promoting the ability of
the individuals to prepare for, secure, retain,
regain, or advance in employment;
(ii) conducting research in, and dissemination of, employer-based practices to facilitate
the identification, recruitment, accommoda1 So in original. Probably should be ‘‘paragraphs (2) through
(16)’’.

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TITLE 29—LABOR

tion, advancement, and retention of qualified
individuals with disabilities;
(iii) providing training (including graduate,
pre-service, and in-service training) to assist
individuals to more effectively provide independent living and rehabilitation services;
(iv) providing training (including graduate,
pre-service, and in-service training) for independent living and rehabilitation research personnel and other independent living and rehabilitation personnel;
(v) serving as an informational and technical
assistance resource to individuals with disabilities, as well as to providers, educators, and
researchers, by providing outreach and information that clarifies research implications for
practice and identifies potential new areas of
research; and
(vi) developing practical applications for the
research findings of the Centers.
(C) The research to be carried out at each such
Center may include—
(i) basic or applied medical rehabilitation research, including research on assistive technology devices, assistive technology services,
and accessible electronic and information
technology devices;
(ii) research regarding the psychological, social, and economic aspects of independent living and rehabilitation, including disability
policy;
(iii) continuation of research that promotes
the emotional, social, educational, and functional growth of children who are individuals
with disabilities, as well as their integration
in school, employment, and community activities;
(iv) continuation of research to develop and
evaluate interventions, policies, and services
that support families of those children and
adults who are individuals with disabilities;
(v) continuation of research that will improve services and policies that foster the
independence and social integration of individuals with disabilities, and enable individuals
with disabilities, including individuals with
intellectual disabilities and other developmental disabilities, to live in their communities; and
(vi) research, dissemination, and technical
assistance, on best practices in vocational rehabilitation, including supported employment
and other strategies to promote competitive
integrated employment for persons with the
most significant disabilities.
(D) Training of students preparing to be independent living or rehabilitation personnel or to
provide independent living, rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct
care, job coaching, aides in school based settings, or advice or assistance in utilizing assistive technology devices, assistive technology
services, and accessible electronic and information technology devices and services) shall be an
important priority for each such Center.
(E) The Director shall make grants under this
paragraph to establish and support both centers
dealing with multiple disabilities and centers
primarily focused on particular disabilities.

§ 764

(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) independent living and 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) 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.
(J) 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.
(K) 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.
(L) 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.
(M) 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.
(N) 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 independent living strategies and
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.

§ 764

TITLE 29—LABOR

(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 independent living and 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 educational, 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 educational, 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

Page 262

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 postsecondary education, competitive integrated employment, and other age-appropriate 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.
(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, the impact of any commercialized product researched or developed through the Center, and such other information as may be requested by the Director.

Page 263

TITLE 29—LABOR

(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
independent living, employment, and other rehabilitation services, specifically designed to
meet the unique needs of individuals with spinal cord injuries, including social and functional needs, and 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, education, health
and wellness, 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

§ 764

(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) Grants may be used to conduct a program
of joint projects with other administrations and
offices of the Department of Health and Human
Services, the National Science Foundation, the
Department of Veterans Affairs, the Department
of Defense, the Federal Communications Commission, the National Aeronautics and Space
Administration, the Small Business Administration, the Department of Labor, other Federal
agencies, and private industry in areas of joint
interest involving rehabilitation.
(9) 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.
(10) 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.

§ 764

TITLE 29—LABOR

(11) 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, opportunities, and outcomes (including those relating to self-employment, supported employment, and telecommuting) 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 and employment
related 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;
(F) develop new approaches and provide information regarding job accommodations, including the use of rehabilitation engineering
and assistive technology;
(G) develop models to facilitate the successful transition of individuals with disabilities
from nonintegrated employment and employment that is compensated at a wage less than
the Federal minimum wage to competitive integrated employment;
(H) develop models to maximize opportunities for integrated community living, including employment and independent living, for
individuals with disabilities;
(I) provide training and continuing education for personnel involved with community
living for individuals with disabilities;
(J) develop model procedures for testing and
evaluating the community living related needs
of individuals with disabilities;
(K) develop model training programs to
teach individuals with disabilities skills which
will lead to integrated community living and
full participation in the community; and
(L) develop new approaches for long-term
services and supports for individuals with disabilities, including supports necessary for
competitive integrated employment.
(12) Research grants may be used to conduct
an independent living or 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 independent living or 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

Page 264

may not exceed 5 percent of the amount available for this section to the National Institute on
Disability, Independent Living, 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.
(13) Research grants may be used to conduct
studies of the independent living and rehabilitation needs of American Indian populations and
of effective mechanisms for the delivery of rehabilitation services to Indians residing on and off
reservations.
(14) 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, full participation, and economic self-sufficiency.
(15)(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 researchbased tools to enhance consumer decisionmaking about rehabilitation technology products and services.
(16) 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.

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TITLE 29—LABOR

(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.
(d) Application for grants
(1) In awarding grants, contracts, or cooperative agreements under this subchapter, the Director shall award the funding on a competitive
basis.
(2)(A) To be eligible to receive funds under this
section for a covered activity, an entity described in subsection (a)(1) shall submit an application to the Director at such time, in such
manner, and containing such information as the
Director may require.
(B) The application shall include information
describing—
(i) measurable goals, as established through
section 1115 of title 31, and a timeline and specific plan for meeting the goals, that the applicant has established;
(ii) how the project will address 1 or more of
the following: commercialization of a marketable product, technology transfer (if applicable), dissemination of any research results,
and other priorities as established by the Director; and
(iii) how the applicant will quantifiably
measure the goals to determine whether such
goals have been accomplished.
(3)(A) In the case of an application for funding
under this section to carry out a covered activity that results in the development of a marketable product, the application shall also include a
commercialization and dissemination plan, as
appropriate, containing commercialization and
marketing strategies for the product involved,
and strategies for disseminating information
about the product. The funding received under
this section shall not be used to carry out the
commercialization and marketing strategies.
(B) In the case of any other application for
funding to carry out a covered activity under
this section, the application shall also include a
dissemination plan, containing strategies for
disseminating educational materials, research
results, or findings, conclusions, and recommendations, resulting from the covered activity.
(Pub. L. 93–112, title II, § 204, as added Pub. L.
105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1173;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–412; Pub. L. 105–394, title IV, § 402(b), Nov. 13,
1998, 112 Stat. 3661; Pub. L. 111–256, § 2(d)(2), Oct.
5, 2010, 124 Stat. 2643; Pub. L. 113–128, title IV,
§ 435, July 22, 2014, 128 Stat. 1666.)
Editorial Notes
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 (§ 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 (§ 12101 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 12101 of Title 42 and Tables.
PRIOR 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, § 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, § 109(3), Nov. 6, 1978, 92 Stat. 2963.
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–128, § 435(1)(A), substituted ‘‘fund’’ for ‘‘pay’’ and ‘‘employment, education, independent living, health and wellness,’’ for
‘‘employment, independent living,’’ and inserted ‘‘have
practical applications and’’ before ‘‘maximize’’.
Subsec. (a)(2)(A). Pub. L. 113–128, § 435(1)(B)(i), inserted ‘‘and from which the research findings, conclusions, or recommendations can be transferred to practice’’ after ‘‘State agencies’’.
Subsec. (a)(2)(B)(ii). Pub. L. 113–128, § 435(1)(B)(ii)(I),
added cl. (ii) and struck out former cl. (ii) which read
as follows: ‘‘studies and analysis of industrial, vocational, social, recreational, psychiatric, psychological,
economic, and other factors affecting rehabilitation of
individuals with disabilities;’’.
Subsec. (a)(2)(B)(iii). Pub. L. 113–128, § 435(1)(B)(ii)(II),
substituted ‘‘have significant challenges engaging in
community life outside their homes and individuals
who are in institutional settings;’’ for ‘‘are homebound
and individuals who are institutionalized;’’.
Subsec. (a)(2)(B)(iv). Pub. L. 113–128, § 435(1)(B)(ii)(III),
inserted ‘‘, including the principles of universal design
and the interoperability of products and services’’ after
‘‘disabilities’’.
Subsec. (a)(2)(B)(v). Pub. L. 113–128, § 435(1)(B)(ii)(IV),
inserted ‘‘, and to promoting employment opportunities in competitive integrated employment’’ after ‘‘employment’’.
Subsec.
(a)(2)(B)(vii).
Pub.
L.
113–128,
§ 435(1)(B)(ii)(VI), substituted ‘‘, assistive technology,
and communications technology; and’’ for ‘‘and assistive technology.’’
Subsec.
(a)(2)(B)(viii).
Pub.
L.
113–128,
§ 435(1)(B)(ii)(V), (VII), added cl. (viii).
Subsec. (a)(3). Pub. L. 113–128, § 435(1)(C), added par.
(3).
Subsec. (b)(1). Pub. L. 113–128, § 435(2)(A), substituted
‘‘(17)’’ for ‘‘(18)’’ in two places.
Subsec. (b)(2)(A)(i), (ii). Pub. L. 113–128, § 435(2)(B)(i),
added cls. (i) and (ii) and struck out former cls. (i) and
(ii) which read as follows:
‘‘(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.’’
Subsec. (b)(2)(B)(i). Pub. L. 113–128, § 435(2)(B)(ii)(I),
inserted ‘‘independent living and’’ after ‘‘research in’’
and after ‘‘will improve’’ and substituted ‘‘maximize
health and function (including alleviating or stabilizing conditions, or preventing secondary conditions),
and promote maximum social and economic independence of individuals with disabilities, including promoting the ability of the individuals to prepare for, se-

§ 764

TITLE 29—LABOR

cure, retain, regain, or advance in employment;’’ for
‘‘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;’’.
Subsec. (b)(2)(B)(ii). Pub. L. 113–128, § 435(2)(B)(ii)(III),
added cl. (ii). Former cl. (ii) redesignated (iii).
Subsec. (b)(2)(B)(iii). Pub. L. 113–128, § 435(2)(B)(ii)(IV),
inserted ‘‘independent living and’’ before ‘‘rehabilitation services’’.
Pub. L. 113–128, § 435(2)(B)(ii)(II), redesignated cl. (ii)
as (iii). Former cl. (iii) redesignated (iv).
Subsec. (b)(2)(B)(iv). Pub. L. 113–128, § 435(2)(B)(ii)(V),
inserted ‘‘independent living and’’ before ‘‘rehabilitation’’ in two places and struck out ‘‘and’’ at end.
Pub. L. 113–128, § 435(2)(B)(ii)(II), redesignated cl. (iii)
as (iv). Former cl. (iv) redesignated (v).
Subsec. (b)(2)(B)(v). Pub. L. 113–128, § 435(2)(B)(ii)(VI),
added cl. (v) and struck out former cl. (v) which read as
follows: ‘‘serving as an informational and technical assistance resource to providers, individuals with disabilities, and the individuals’ representatives, through conferences, workshops, public education programs, inservice training programs, and similar activities.’’
Pub. L. 113–128, § 435(2)(B)(ii)(II), redesignated cl. (iv)
as (v).
Subsec. (b)(2)(B)(vi). Pub. L. 113–128, § 435(2)(B)(ii)(VI),
added cl. (vi).
Subsec. (b)(2)(C)(i). Pub. L. 113–128, § 435(2)(B)(iii)(I),
inserted ‘‘, including research on assistive technology
devices, assistive technology services, and accessible
electronic and information technology devices’’ after
‘‘rehabilitation research’’.
Subsec. (b)(2)(C)(ii). Pub. L. 113–128, § 435(2)(B)(iii)(II),
substituted ‘‘, social, and economic’’ for ‘‘and social’’
and inserted ‘‘independent living and’’ before ‘‘rehabilitation’’.
Subsec. (b)(2)(C)(iii). Pub. L. 113–128, § 435(2)(B)(iii)(V),
substituted ‘‘that promotes the emotional, social, educational, and functional growth of children who are individuals with disabilities, as well as their integration
in school, employment, and community activities;’’ for
‘‘to develop and evaluate interventions, policies, and
services that support families of those children and
adults who are individuals with disabilities; and’’.
Pub. L. 113–128, § 435(2)(B)(iii)(III), (IV), redesignated
cl. (v) as (iii) and struck out former cl. (iii) which read
as follows: ‘‘research related to vocational rehabilitation;’’.
Subsec.
(b)(2)(C)(iv).
Pub.
L.
113–128,
§ 435(2)(B)(iii)(VI), substituted ‘‘to develop and evaluate
interventions, policies, and services that support families of those children and adults who are individuals
with disabilities;’’ for ‘‘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 intellectual disabilities and other developmental disabilities, to live in their communities.’’
Pub. L. 113–128, § 435(2)(B)(iii)(III), (IV), redesignated
cl. (vi) as (iv) and struck out former cl. (iv) which read
as follows: ‘‘continuation of research that promotes the
emotional, social, educational, and functional growth
of children who are individuals with disabilities;’’.
Subsec.
(b)(2)(C)(v),
(vi).
Pub.
L.
113–128,
§ 435(2)(B)(iii)(VII), added cls. (v) and (vi). Former cls.
(v) and (vi) redesignated (iii) and (iv), respectively.
Subsec. (b)(2)(D). Pub. L. 113–128, § 435(2)(B)(iv), added
subpar. (D) and struck out former subpar. (D) which
read as follows: ‘‘Training of students preparing to be
rehabilitation personnel shall be an important priority
for such a Center.’’
Subsec. (b)(2)(E). Pub. L. 113–128, § 435(2)(B)(v), struck
out ‘‘comprehensive’’ after ‘‘both’’.
Subsec. (b)(2)(G)(i). Pub. L. 113–128, § 435(2)(B)(vi), inserted ‘‘independent living and’’ before ‘‘rehabilitationrelated’’.
Subsec. (b)(2)(I). Pub. L. 113–128, § 435(2)(B)(vii), (viii),
redesignated subpar. (J) as (I) and struck out former

Page 266

subpar. (I) which read as follows: ‘‘The Director shall
encourage the Centers to develop practical applications
for the findings of the research of the Centers.’’
Subsec.
(b)(2)(J)
to
(N).
Pub.
L.
113–128,
§ 435(2)(B)(viii), redesignated subpars. (K) to (O) as (J)
to (N), respectively. Former subpar. (J) redesignated
(I).
Subsec. (b)(3)(A). Pub. L. 113–128, § 435(2)(C)(i), inserted ‘‘independent living strategies and’’ before ‘‘rehabilitation technology’’.
Subsec. (b)(3)(B)(i)(I). Pub. L. 113–128, § 435(2)(C)(ii)(I),
inserted ‘‘independent living and’’ before ‘‘rehabilitation problems’’.
Subsec.
(b)(3)(B)(ii)(II).
Pub.
L.
113–128,
§ 435(2)(C)(ii)(II), substituted ‘‘educational, employment,’’ for ‘‘employment’’.
Subsec.
(b)(3)(B)(iii)(II).
Pub.
L.
113–128,
§ 435(2)(C)(ii)(III), substituted ‘‘educational, employment,’’ for ‘‘employment’’.
Subsec. (b)(3)(D)(i)(II). Pub. L. 113–128, § 435(2)(C)(iii),
substituted ‘‘postsecondary education, competitive integrated employment, and other age-appropriate’’ for
‘‘postschool’’.
Subsec. (b)(3)(G)(ii). Pub. L. 113–128, § 435(2)(C)(iv), inserted ‘‘the impact of any commercialized product researched or developed through the Center,’’ after ‘‘individuals with disabilities,’’.
Subsec. (b)(4)(B)(i). Pub. L. 113–128, § 435(2)(D)(i), substituted ‘‘independent living, employment,’’ for ‘‘vocational’’ and ‘‘unique’’ for ‘‘special’’ and inserted ‘‘social
and functional needs, and’’ before ‘‘acute care’’.
Subsec. (b)(4)(B)(iv). Pub. L. 113–128, § 435(2)(D)(ii), inserted ‘‘education, health and wellness,’’ after ‘‘employment,’’.
Subsec. (b)(8). Pub. L. 113–128, § 435(2)(E), added par.
(8) and struck out former par. (8) which read as follows:
‘‘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.’’
Subsec. (b)(9). Pub. L. 113–128, § 435(2)(F), (G), redesignated par. (10) as (9) and struck out former par. (9)
which read as follows: ‘‘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.’’
Subsec. (b)(10). Pub. L. 113–128, § 435(2)(G), redesignated par. (12) as (10). Former par. (10) redesignated (9).
Subsec. (b)(11). Pub. L. 113–128, § 435(2)(H)(i), substituted ‘‘employment needs, opportunities, and outcomes (including those relating to self-employment,
supported employment, and telecommuting) of individuals with disabilities, including’’ for ‘‘employment
needs of individuals with disabilities, including’’ in introductory provisions.
Pub. L. 113–128, § 435(2)(F), (G), redesignated par. (13)
as (11) and struck out former par. (11) which read as follows: ‘‘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.’’
Subsec. (b)(11)(B). Pub. L. 113–128, § 435(2)(H)(ii), inserted ‘‘and employment related’’ after ‘‘the employment’’.
Subsec.
(b)(11)(G)
to
(L).
Pub.
L.
113–128,
§ 435(2)(H)(iii)–(v), added subpars. (G) to (L).
Subsec. (b)(12). Pub. L. 113–128, § 435(2)(I)(i), (iii), in introductory provisions, inserted ‘‘an independent living

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TITLE 29—LABOR

or’’ after ‘‘conduct’’ and, in concluding provisions, substituted ‘‘National Institute on Disability, Independent
Living, and Rehabilitation Research’’ for ‘‘National Institute on Disability and Rehabilitation Research’’.
Pub. L. 113–128, § 435(2)(G), redesignated par. (14) as
(12). Former par. (12) redesignated (10).
Subsec. (b)(12)(D). Pub. L. 113–128, § 435(2)(I)(ii), inserted ‘‘independent living or’’ before ‘‘rehabilitation’’.
Subsec. (b)(13). Pub. L. 113–128, § 435(2)(J), inserted
‘‘independent living and’’ before ‘‘rehabilitation
needs’’.
Pub. L. 113–128, § 435(2)(G), redesignated par. (15) as
(13). Former par. (13) redesignated (11).
Subsec. (b)(14). Pub. L. 113–128, § 435(2)(K), substituted
‘‘, full participation, and economic self-sufficiency.’’
for ‘‘and access to gainful employment.’’
Pub. L. 113–128, § 435(2)(G), redesignated par. (16) as
(14). Former par. (14) redesignated (12).
Subsec. (b)(15) to (18). Pub. L. 113–128, § 435(2)(G), redesignated pars. (17) and (18) as (15) and (16), respectively. Former pars. (15) and (16) redesignated (13) and
(14), respectively.
Subsec. (d). Pub. L. 113–128, § 435(3), added subsec. (d).
2010—Subsec. (b)(2)(C)(vi). Pub. L. 111–256 substituted
‘‘intellectual disabilities and other developmental disabilities’’ for ‘‘mental retardation and other developmental disabilities’’.
1998—Pub. L. 105–277 made technical amendment to
directory language of Pub. L. 105–220, § 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.)’’.
Statutory Notes and Related Subsidiaries
DEFINITIONS
For meaning of references to an intellectual disability and to individuals with intellectual disabilities
in provisions amended by section 2 of Pub. L. 111–256,
see section 2(k) of Pub. L. 111–256, set out as a note
under section 1400 of Title 20, Education.

§ 765. Disability, Independent Living, and Rehabilitation Research Advisory Council
(a) Establishment
Subject to the availability of appropriations,
the Secretary shall establish in the Department
of Health and Human Services a Disability,
Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the ‘‘Council’’) composed of not less than
12 members appointed by the Secretary.
(b) Duties
The Council shall advise the Director with respect to research priorities and the development
and revision of the 5-year plan required by section 762(h) of this title.
(c) Qualifications
Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals,
the community of disability, independent living,
and rehabilitation researchers, the directors of
independent living centers and community rehabilitation programs, the business community
(including a representative of the small business
community) that has experience with the system of vocational rehabilitation services and
independent living services carried out under
this chapter and with hiring individuals with
disabilities, the community of stakeholders in-

§ 765

volved in assistive technology, the community
of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of
the members shall be individuals with disabilities or the individuals’ representatives.
(d) Terms of appointment
(1) Length of term
Each member of the Council shall serve for
a term of up to 3 years, determined by the Secretary, except that—
(A) a member appointed to fill a vacancy
occurring prior to the expiration of the term
for which a predecessor was appointed, shall
be appointed for the remainder of such term;
and
(B) the terms of service of the members
initially appointed shall be (as specified by
the Secretary) for such fewer number of
years as will provide for the expiration of
terms on a staggered basis.
(2) Number of terms
No member of the Council may serve more
than two consecutive full terms. Members
may serve after the expiration of their terms
until their successors have taken office.
(e) Vacancies
Any vacancy occurring in the membership of
the Council shall be filled in the same manner as
the original appointment for the position being
vacated. The vacancy shall not affect the power
of the remaining members to execute the duties
of the Council.
(f) Payment and expenses
(1) Payment
Each member of the Council who is not an
officer or full-time employee of the Federal
Government shall receive a payment of $150
for each day (including travel time) during
which the member is engaged in the performance of duties for the Council. All members of
the Council who are officers or full-time employees of the United States shall serve without compensation in addition to compensation
received for their services as officers or employees of the United States.
(2) Travel expenses
Each member of the Council may receive
travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of
title 5 for employees serving intermittently in
the Government service, for each day the
member is engaged in the performance of duties away from the home or regular place of
business of the member.
(g) Detail of Federal employees
On the request of the Council, the Secretary
may detail, with or without reimbursement, any
of the personnel of the Department of Health
and Human Services to the Council to assist the
Council in carrying out its duties. Any detail
shall not interrupt or otherwise affect the civil
service status or privileges of the Federal employee.
(h) Technical assistance
On the request of the Council, the Secretary
shall provide such technical assistance to the

§ 766

TITLE 29—LABOR

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.
(Pub. L. 93–112, title II, § 205, as added Pub. L.
105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1182;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, §§ 401(16), 402(b)(11)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–412, 2681–414; Pub. L. 113–128, title
IV, § 436, July 22, 2014, 128 Stat. 1671.)
Editorial Notes
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.
PRIOR PROVISIONS
A prior section 765, Pub. L. 93–112, title II, § 205, as
added Pub. L. 102–569, title II, § 206(a), Oct. 29, 1992, 106
Stat. 4409, related to the Rehabilitation Research Advisory Council, prior to the general amendment of this
subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Pub. L. 113–128, § 436(1), inserted ‘‘Disability,
Independent Living, and’’ before ‘‘Rehabilitation’’ in
section catchline.
Subsec. (a). Pub. L. 113–128, § 436(2), substituted ‘‘Department of Health and Human Services a Disability,
Independent Living, and Rehabilitation Research Advisory Council’’ for ‘‘Department of Education a Rehabilitation Research Advisory Council’’ and inserted
‘‘not less than’’ after ‘‘composed of’’.
Subsec. (c). Pub. L. 113–128, § 436(3), added subsec. (c)
and struck out former subsec. (c) which read as follows:
‘‘Members of the Council shall be generally representative of the community of rehabilitation professionals,
the community of rehabilitation researchers, the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members
shall be individuals with disabilities or the individuals’
representatives.’’
Subsec. (g). Pub. L. 113–128, § 436(4), substituted ‘‘Department of Health and Human Services’’ for ‘‘Department of Education’’.
1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(11)],
made technical amendment to section designation and
catchline in original.
Pub. L. 105–277, § 101(f) [title VIII, § 401(16)], made
technical amendment to directory language of Pub. L.
105–220, § 405, which enacted this section.

§ 766. Definition of covered school
In this subchapter, the term ‘‘covered school’’
means an elementary school or secondary school
(as such terms are defined in section 7801 of title
20) or an institution of higher education.
(Pub. L. 93–112, title II, § 206, as added Pub. L.
113–128, title IV, § 437, July 22, 2014, 128 Stat. 1671;
amended Pub. L. 114–95, title IX, § 9215(mmm)(2),
Dec. 10, 2015, 129 Stat. 2188.)
Editorial Notes
PRIOR PROVISIONS
A prior section 770, Pub. L. 93–112, title III, § 301, formerly § 300, Sept. 26, 1973, 87 Stat. 377; Pub. L. 95–602,
title I, § 122(c)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L.

Page 268

99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810;
Pub. L. 100–630, title II, § 204(a), Nov. 7, 1988, 102 Stat.
3308; renumbered § 301 and amended Pub. L. 102–569, title
I, § 102(p)(15), title III, § 301(a), (b)(3), Oct. 29, 1992, 106
Stat. 4358, 4410, 4411, contained congressional declaration of purpose, prior to the general amendment of subchapter III of this chapter by Pub. L. 105–220.
AMENDMENTS
2015—Pub. L. 114–95 made technical amendment to
reference in original act which appears in text as reference to section 7801 of title 20.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of Title
20, Education.

SUBCHAPTER III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS
Editorial Notes
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, § 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.

§ 771. Declaration of purpose and competitive
basis of grants and contracts
(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

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TITLE 29—LABOR

rehabilitation and other services (including
those services provided through community
rehabilitation programs) authorized under this
chapter, or that otherwise further the purposes of this chapter, including related research and evaluation; and
(3) provide training and information to individuals with disabilities and the individuals’
representatives, and other appropriate parties
to develop the skills necessary for individuals
with disabilities to gain access to the rehabilitation system and statewide workforce development systems and to become active decisionmakers in the rehabilitation process.
(b) Competitive basis of grants and contracts
The Secretary shall ensure that all grants and
contracts are awarded under this subchapter on
a competitive basis.
(Pub. L. 93–112, title III, § 301, as added Pub. L.
105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1183;
amended Pub. L. 113–128, title IV, § 441(a), July
22, 2014, 128 Stat. 1672.)
Editorial Notes
PRIOR PROVISIONS
A prior section 771, Pub. L. 93–112, title III, § 301, Sept.
26, 1973, 87 Stat. 377; Pub. L. 93–516, title I, § 104, Dec. 7,
1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 104, Nov. 21,
1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 4, 11(b)(7), Mar. 15,
1976, 90 Stat. 211, 213; Pub. L. 94–273, § 3(18), Apr. 21, 1976,
90 Stat. 377; Pub. L. 95–602, title I, §§ 112(a), 122(c)(2),
Nov. 6, 1978, 92 Stat. 2967, 2987; Pub. L. 98–221, title I,
§ 131, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title IV,
§ 401, title X, § 1002(d)(1), Oct. 21, 1986, 100 Stat. 1823, 1844;
Pub. L. 102–52, § 4(a), June 6, 1991, 105 Stat. 261, related
to grants for construction of rehabilitation facilities,
staffing, and planning assistance, prior to repeal by
Pub. L. 102–569, title III, § 301(b)(2), Oct. 29, 1992, 106
Stat. 4411.
A prior section 301 of Pub. L. 93–112 was classified to
section 770 of this title prior to the general amendment
of this subchapter by Pub. L. 105–220.
A prior section 771a, Pub. L. 93–112, title III, § 302, formerly title II, § 203, Sept. 26, 1973, 87 Stat. 376; renumbered title III, § 304, and amended Pub. L. 95–602, title I,
§§ 109(2), 114, Nov. 6, 1978, 92 Stat. 2963, 2970; Pub. L.
98–221, title I, § 133, Feb. 22, 1984, 98 Stat. 24; Pub. L.
99–506, title I, § 103(d)(2)(C), title IV, § 403, title X,
§ 1002(d)(2), Oct. 21, 1986, 100 Stat. 1810, 1824, 1844; Pub. L.
100–630, title II, § 204(c), Nov. 7, 1988, 102 Stat. 3308; Pub.
L. 102–52, § 4(c), June 6, 1991, 105 Stat. 261; Pub. L.
102–119, § 26(e), Oct. 7, 1991, 105 Stat. 607; renumbered
§ 302 and amended Pub. L. 102–569, title I, § 102(p)(18),
title III, §§ 301(b)(3), (4), 302, Oct. 29, 1992, 106 Stat. 4358,
4411; Pub. L. 103–73, title I, § 110(a), Aug. 11, 1993, 107
Stat. 726; Pub. L. 103–218, title IV, § 402(b), Mar. 9, 1994,
108 Stat. 96; Pub. L. 104–66, title I, § 1042(d), Dec. 21, 1995,
109 Stat. 715, related to assistance for training, prior to
the general amendment of this subchapter by Pub. L.
105–220. See section 772 of this title.
AMENDMENTS
2014—Subsec. (a)(2). Pub. L. 113–128, § 441(a)(1), inserted ‘‘and’’ at end.
Subsec. (a)(3) to (5). Pub. L. 113–128, § 441(a)(2)–(4), redesignated par. (5) as (3), substituted ‘‘workforce development systems’’ for ‘‘workforce investment systems’’,
and struck out former pars. (3) and (4) which read as
follows:
‘‘(3) provide vocational rehabilitation services to individuals with disabilities who are migrant or seasonal
farmworkers;
‘‘(4) initiate recreational programs to provide recreational activities and related experiences for individ-

§ 772

uals with disabilities to aid such individuals in employment, mobility, socialization, independence, and community integration; and’’.

§ 772. Training
(a) Grants and contracts for personnel training
(1) Authority
The Commissioner shall make grants to, and
enter into contracts with, States and public or
nonprofit agencies and organizations (including institutions of higher education) to pay
part of the cost of projects to provide training,
traineeships, and related activities, including
the provision of technical assistance, that are
designed to assist in increasing the numbers
of, and upgrading the skills of, qualified personnel (especially rehabilitation counselors)
who are trained in providing vocational, medical, social, and psychological rehabilitation
services, who are trained to assist individuals
with communication and related disorders,
who are trained to provide other services provided under this chapter, to individuals with
disabilities, and who may include—
(A) personnel specifically trained in providing employment assistance to individuals
with disabilities through job development
and job placement services;
(B) personnel specifically trained to identify, assess, and meet the individual rehabilitation needs of individuals with disabilities, including needs for rehabilitation technology;
(C) personnel specifically trained to deliver services to individuals who may benefit
from receiving independent living services;
(D) personnel specifically trained to deliver services in the client assistance programs;
(E) personnel specifically trained to deliver supported employment services and
customized employment services to individuals with the most significant disabilities;
(F) personnel specifically trained to deliver services to individuals with disabilities
pursuing self-employment, business ownership, and telecommuting;
(G) personnel trained in performing other
functions necessary to the provision of vocational, medical, social, and psychological rehabilitation services, and other services provided under this chapter; and
(H) personnel trained in providing assistive technology services.
(2) Authority to provide scholarships
Grants and contracts under paragraph (1)
may be expended for scholarships and may include necessary stipends and allowances.
(3) Related Federal statutes
In carrying out this subsection, the Commissioner may make grants to and enter into contracts with States and public or nonprofit
agencies and organizations, including institutions of higher education, to furnish training
regarding provisions of Federal statutes, including section 794 of this title, title I of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12111 et seq.), and the provisions of titles II and XVI of the Social Security Act (42

§ 772

TITLE 29—LABOR

U.S.C. 401 et seq. and 1381 et seq.), that are related to work incentives for individuals with
disabilities.
(4) Training for statewide workforce systems
personnel
The Commissioner may make grants to and
enter into contracts under this subsection
with States and public or nonprofit agencies
and organizations, including institutions of
higher education, to furnish training to personnel providing services to individuals with
disabilities under subtitle B of title I of the
Workforce Innovation and Opportunity Act [29
U.S.C. 3151 et seq.]. Under this paragraph, personnel may be trained—
(A) in evaluative skills to determine
whether an individual with a disability may
be served by the State vocational rehabilitation program or another component of a
statewide workforce development system; or
(B) to assist individuals with disabilities
seeking assistance through one-stop delivery
systems described in section 121(e) of the
Workforce Innovation and Opportunity Act
[28 U.S.C. 3151(e)].
(5) Joint funding
Training and other activities provided under
paragraph (4) for personnel may be jointly
funded with the Department of Labor, using
funds made available under subtitle B of title
I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151 et seq.].
(b) Grants and contracts for academic degrees
and academic certificate granting training
projects
(1) Authority
(A) In general
The Commissioner may make grants to,
and enter into contracts with, States and
public or nonprofit agencies and organizations (including institutions of higher education) to pay part of the costs of academic
training projects to provide training that
leads to an academic degree or academic certificate. In making such grants or entering
into such contracts, the Commissioner shall
target funds to areas determined under subsection (e) to have shortages of qualified personnel.
(B) Types of projects
Academic training projects described in
this subsection may include—
(i) projects to train personnel in the
areas of assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting, and of vocational rehabilitation counseling, rehabilitation technology,
rehabilitation medicine, rehabilitation
nursing, rehabilitation social work, rehabilitation psychiatry, rehabilitation psychology, rehabilitation dentistry, physical
therapy, occupational therapy, speech pathology and audiology, physical education,
therapeutic recreation, community rehabilitation
programs,
prosthetics
and
orthotics, vision rehabilitation therapy,
orientation and mobility instruction, or
low vision therapy;

Page 270

(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.

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TITLE 29—LABOR

(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

§ 772

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 de-

§ 772

TITLE 29—LABOR

veloped and operated during the 5-year period following the date on which a grant is
received by the applicant under this subsection;
(B) a demonstration of the applicant’s capacity or potential for providing training for
interpreters for individuals who are deaf or
hard of hearing, and individuals who are
deaf-blind;
(C) assurances that any interpreter trained
or retrained under a program funded under
the grant will meet such minimum standards of competency as the Commissioner
may establish for purposes of this subsection; and
(D) such other information as the Commissioner may require.
(g) Technical assistance
(1) Technical assistance
The Commissioner is authorized to provide
technical assistance to State designated agencies and community rehabilitation programs,
directly or through contracts with State designated agencies or nonprofit organizations.
Any technical assistance provided to community rehabilitation programs shall be focused
on the employment outcome of competitive
integrated employment for individuals with
disabilities.
(2) Compensation
An expert or consultant appointed or serving
under contract pursuant to this section shall
be compensated at a rate, subject to approval
of the Commissioner, that shall not exceed the
daily equivalent of the rate of pay for level 4
of the Senior Executive Service Schedule
under section 5382 of title 5. Such an expert or
consultant may be allowed travel and transportation expenses in accordance with section
5703 of title 5.
(h) Provision of information
The Commissioner, subject to the provisions
of section 776 of this title, may require that recipients of grants or contracts under this section provide information, including data, with
regard to the impact of activities funded under
this section.
(i) Authorization of appropriations
There are authorized to be appropriated to
carry out this section $33,657,000 for fiscal year
2015, $36,257,000 for fiscal year 2016, $37,009,000 for
fiscal year 2017, $37,830,000 for fiscal year 2018,
$38,719,000 for fiscal year 2019, and $39,540,000 for
fiscal year 2020.
(Pub. L. 93–112, title III, § 302, as added Pub. L.
105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1184;
amended Pub. L. 108–446, title III, § 305(h)(4), Dec.
3, 2004, 118 Stat. 2805; Pub. L. 113–128, title IV,
§ 441(b), July 22, 2014, 128 Stat. 1672.)
Editorial Notes
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 (§ 12111 et seq.) of chapter 126
of Title 42, The Public Health and Welfare. For com-

Page 272

plete classification of this Act to the Code, see Short
Title note set out under section 12101 of Title 42 and
Tables.
The Social Security Act, referred to in subsec. (a)(3),
is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Act are classified generally to
subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health
and Welfare. For complete classification of this Act to
the Code, see section 1305 of Title 42 and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(4) and (5), is Pub. L. 113–128, July
22, 2014, 128 Stat. 1425. Subtitle B of title I of the Act
is classified generally to part B (§ 3151 et seq.) of subchapter I of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 3101 of this title and Tables.
PRIOR 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, § 303, formerly § 302, Sept. 26, 1973, 87 Stat. 378; Pub. L. 93–516,
title I, § 105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651,
title I, § 105, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230,
§§ 5, 11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L.
95–602, title I, §§ 112(b), 122(c)(3), Nov. 6, 1978, 92 Stat.
2968, 2987; Pub. L. 98–221, title I, § 132, Feb. 22, 1984, 98
Stat. 24; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV,
§ 402, title X, § 1001(d)(1), Oct. 21, 1986, 100 Stat. 1810, 1824,
1842; Pub. L. 100–630, title II, § 204(b), Nov. 7, 1988, 102
Stat. 3308; Pub. L. 102–52, § 4(b), June 6, 1991, 105 Stat.
261; renumbered § 303 and amended Pub. L. 102–569, title
I, § 102(p)(16), title III, §§ 301(b)(3), 303, Oct. 29, 1992, 106
Stat. 4358, 4411, 4416, related to vocational rehabilitation services for individuals with disabilities, prior to
the general amendment of this subchapter by Pub. L.
105–220.
A prior section 302 of Pub. L. 93–112 was classified to
section 771a of this title prior to the general amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a)(1)(E). Pub. L. 113–128, § 441(b)(1)(A)(i),
substituted ‘‘supported employment services and customized employment services to individuals with the
most significant disabilities;’’ for ‘‘services, through
supported employment programs, to individuals with a
most significant disability; and’’.
Subsec. (a)(1)(H). Pub. L. 113–128, § 441(b)(1)(A)(ii)–(iv),
added subpar. (H).
Subsec. (a)(4). Pub. L. 113–128, § 441(b)(1)(B)(i), substituted ‘‘subtitle B of title I of the Workforce Innovation and Opportunity Act’’ for ‘‘title I of the Workforce
Investment Act of 1998’’ in introductory provisions.
Subsec. (a)(4)(A). Pub. L. 113–128, § 441(b)(1)(B)(ii), substituted ‘‘workforce development system’’ for ‘‘workforce investment system’’.
Subsec. (a)(4)(B). Pub. L. 113–128, § 441(b)(1)(B)(iii),
substituted ‘‘section 121(e) of the Workforce Innovation
and Opportunity Act.’’ for ‘‘section 134(c) of the Workforce Investment Act of 1998.’’
Subsec. (a)(5). Pub. L. 113–128, § 441(b)(1)(C), substituted ‘‘subtitle B of title I of the Workforce Innovation and Opportunity Act’’ for ‘‘title I of the Workforce
Investment Act of 1998’’.
Subsec. (b)(1)(B)(i). Pub. L. 113–128, § 441(b)(2), substituted ‘‘prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or
low vision therapy’’ for ‘‘or prosthetics and orthotics’’.
Subsec. (g). Pub. L. 113–128, § 441(b)(3)(A), struck out
‘‘and in-service training’’ after ‘‘assistance’’ in heading.
Subsec. (g)(1). Pub. L. 113–128, § 441(b)(3)(B), inserted
after period at end ‘‘Any technical assistance provided
to community rehabilitation programs shall be focused
on the employment outcome of competitive integrated
employment for individuals with disabilities.’’
Subsec. (g)(3). Pub. L. 113–128, § 441(b)(3)(C), struck out
par. (3) which related to use of funding for projects for
in-service training for rehabilitation personnel.

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TITLE 29—LABOR

Subsec. (h). Pub. L. 113–128, § 441(b)(4), made technical
amendment to reference in original act which appears
in text as reference to section 776 of this title.
Subsec. (i). Pub. L. 113–128, § 441(b)(5), substituted
‘‘$33,657,000 for fiscal year 2015, $36,257,000 for fiscal year
2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal
year 2018, $38,719,000 for fiscal year 2019, and $39,540,000
for fiscal year 2020.’’ for ‘‘such sums as may be necessary for each of the fiscal years 1999 through 2003.’’
2004—Subsec. (f)(1)(D)(ii). Pub. L. 108–446 made technical amendment to reference in original act which appears in text as reference to section 1402 of title 20.

§ 773. Demonstration and training programs
(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.

§ 773

(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 appro-

§ 773

TITLE 29—LABOR

priate, a for-profit organization. The Commissioner may limit competitions to one or
more types of organizations described in this
subparagraph.
(B) Terms and conditions
A grant or contract under paragraph (1)
shall contain such terms and conditions as
the Commissioner may require.
(3) Application
An eligible entity that desires to receive a
grant, or enter into a contract, under paragraph (1) shall submit an application to the
Secretary at such time, in such form, and containing such information and assurances as
the Commissioner may require, including, if
the Commissioner determines appropriate, a
description of how the proposed project or
demonstration program—
(A) is based on current research findings,
which may include research conducted by
the National Institute on Disability, Independent Living, and Rehabilitation Research, the National Institutes of Health,
and other public or private organizations;
and
(B) is of national significance.
(4) Types of projects
The programs that may be funded under this
subsection may include—
(A) special projects and demonstrations of
service delivery;
(B) model demonstration projects;
(C) technical assistance projects;
(D) systems change projects;
(E) special studies and evaluations; and
(F) dissemination and utilization activities.
(5) Priority for competitions
(A) In general
In announcing competitions for grants and
contracts under this subsection, the Commissioner shall give priority consideration
to—
(i) initiatives focused on improving transition from education, including postsecondary education, to employment, particularly in competitive integrated employment, for youth who are individuals with
significant disabilities;
(ii) supported employment, including
community-based supported employment
programs to meet the needs of individuals
with the most significant disabilities or to
provide technical assistance to States and
community organizations to improve and
expand the provision of supported employment services; and
(iii) increasing competitive integrated
employment for individuals with significant disabilities.
(B) Additional competitions
In announcing competitions for grants and
contracts under this subsection, the Commissioner may require that applicants address one or more of the following:
(i) Age ranges.
(ii) Types of disabilities.

Page 274

(iii) Types of services.
(iv) Models of service delivery.
(v) Stage of the rehabilitation process.
(vi) The needs of underserved populations, unserved and underserved areas,
individuals with significant disabilities,
low-incidence disability population or individuals residing in federally designated
empowerment zones and enterprise communities.
(vii) Expansion of employment opportunities for individuals with disabilities.
(viii) Systems change projects to promote meaningful access of individuals
with disabilities to employment-related
services under subtitle B of title I of the
Workforce Innovation and Opportunity
Act [29 U.S.C. 3151 et seq.] and under other
Federal laws.
(ix) Innovative methods of promoting
achievement of high-quality employment
outcomes.
(x) The demonstration of the effectiveness of early intervention activities in improving employment outcomes.
(xi) Alternative methods of providing affordable transportation services to individuals with disabilities who are employed,
seeking employment, or receiving vocational rehabilitation services from public
or private organizations and who reside in
geographic areas in which public transportation or paratransit service is not available.
(c) Parent information and training program
(1) Grants
The Commissioner is authorized to make
grants to private nonprofit organizations for
the purpose of establishing programs to provide training and information to enable individuals with disabilities, and the parents, family members, guardians, advocates, or other
authorized representatives of the individuals
to participate more effectively with professionals in meeting the vocational, independent
living, and rehabilitation needs of individuals
with disabilities. Such grants shall be designed to meet the unique training and information needs of the individuals described in
the preceding sentence, who live in the area to
be served, particularly those who are members
of populations that have been unserved or underserved by programs under this chapter.
(2) Use of grants
An organization that receives a grant to establish training and information programs
under this subsection shall use the grant to assist individuals with disabilities, and the parents, family members, guardians, advocates,
or authorized representatives of the individuals—
(A) to better understand vocational rehabilitation and independent living programs
and services;
(B) to provide followup support for transition and employment programs;
(C) to communicate more effectively with
transition and rehabilitation personnel and
other relevant professionals;

Page 275

TITLE 29—LABOR

(D) to provide support in the development
of the individualized plan for employment;
(E) to provide support and expertise in obtaining information about rehabilitation
and independent living programs, services,
and resources that are appropriate;
(F) to provide support and guidance in
helping individuals with significant disabilities, including students with disabilities,
transition to competitive integrated employment; and
(G) to understand the provisions of this
chapter, particularly provisions relating to
employment, supported employment, and
independent living.
(3) Award of grants
The Commissioner shall ensure that grants
under this subsection—
(A) shall be distributed geographically to
the greatest extent possible throughout all
States; and
(B) shall be targeted to individuals with
disabilities, and the parents, family members, guardians, advocates, or authorized
representatives of the individuals, in both
urban and rural areas or on a State or regional basis.
(4) Eligible organizations
In order to receive a grant under this subsection, an organization—
(A) shall submit an application to the
Commissioner at such time, in such manner,
and containing such information as the
Commissioner may require, including information demonstrating the capacity and expertise of the organization—
(i) to coordinate training and information activities with Centers for Independent Living;
(ii) to coordinate and work closely with
the parent training and information centers established pursuant to section 1471 of
title 20, the community parent resource
centers established pursuant to section
1472 of title 20, and the eligible entities receiving awards under section 1473 of title
20; and
(iii) to effectively conduct the training
and information activities authorized
under this subsection;
(B)(i) shall be governed by a board of directors—
(I) that includes professionals in the
field of vocational rehabilitation; and
(II) on which a majority of the members
are individuals with disabilities or the parents, family members, guardians, advocates, or authorized representatives of the
individuals; or
(ii)(I) shall have a membership that represents the interests of individuals with disabilities; and
(II) shall establish a special governing
committee that meets the requirements
specified in subclauses (I) and (II) of clause
(i) to operate a training and information
program under this subsection; and
(C) shall serve, and demonstrate the capacity for serving, individuals with a full range

§ 773

of disabilities, and the parents, family members, guardians, advocates, or authorized
representatives of the individuals.
(5) Consultation
Each organization carrying out a program
receiving assistance under this subsection
shall consult with appropriate agencies that
serve or assist individuals with disabilities,
and the parents, family members, guardians,
advocates, or authorized representatives of the
individuals, located in the jurisdiction served
by the program.
(6) Coordination
The Commissioner shall provide coordination and technical assistance by grant or cooperative agreement for establishing, developing, and coordinating the training and information programs. To the extent practicable,
such assistance shall be provided by the parent
training and information centers established
pursuant to section 1471 of title 20.
(7) Review
(A) Quarterly review
The board of directors or special governing
committee of an organization receiving a
grant under this subsection shall meet at
least once in each calendar quarter to review
the training and information program, and
each such committee shall directly advise
the governing board regarding the views and
recommendations of the committee.
(B) Review for grant renewal
If a nonprofit private organization requests the renewal of a grant under this subsection, the board of directors or the special
governing committee shall prepare and submit to the Commissioner a written review of
the training and information program conducted by the organization during the preceding fiscal year.
(8) Reservation
From the amount appropriated to carry out
this section for a fiscal year, 20 percent of
such amount or $500,000, whichever is less,
may be reserved to carry out paragraph (6).
(d) Braille training programs
(1) Establishment
The Commissioner shall make grants to, and
enter into contracts with, States and public or
nonprofit agencies and organizations, including institutions of higher education, to pay all
or part of the cost of training in the use of
braille for personnel providing vocational rehabilitation services or educational services to
youth and adults who are blind.
(2) Projects
Such grants shall be used for the establishment or continuation of projects that may
provide—
(A) development of braille training materials;
(B) in-service or pre-service training in the
use of braille, the importance of braille literacy, and methods of teaching braille to
youth and adults who are blind; and
(C) activities to promote knowledge and
use of braille and nonvisual access tech-

§§ 774, 775

TITLE 29—LABOR

nology for blind youth and adults through a
program of training, demonstration, and
evaluation conducted with leadership of experienced blind individuals, including the
use of comprehensive, state-of-the-art technology.
(3) Application
To be eligible to receive a grant, or enter
into a contract, under paragraph (1), an agency or organization shall submit an application
to the Commissioner at such time, in such
manner, and containing such information as
the Commissioner may require.
(e) Authorization of appropriations
For the purpose of carrying out this section
there are authorized to be appropriated $5,796,000
for fiscal year 2015, $6,244,000 for fiscal year 2016,
$6,373,000 for fiscal year 2017, $6,515,000 for fiscal
year 2018, $6,668,000 for fiscal year 2019, and
$6,809,000 for fiscal year 2020.
(Pub. L. 93–112, title III, § 303, as added Pub. L.
105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1190;
amended Pub. L. 108–446, title III, § 305(h)(5), (6),
Dec. 3, 2004, 118 Stat. 2805; Pub. L. 113–128, title
IV, § 442, July 22, 2014, 128 Stat. 1673.)
Editorial Notes
REFERENCES IN TEXT
The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(5)(B)(viii), is Pub. L. 113–128,
July 22, 2014, 128 Stat. 1425. Subtitle B of title I of the
Act is classified generally to part B (§ 3151 et seq.) of
subchapter I of chapter 32 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 3101 of this title and Tables.
PRIOR PROVISIONS
A prior section 773, Pub. L. 93–112, title III, § 304, formerly § 303, Sept. 26, 1973, 87 Stat. 379; Pub. L. 95–602,
title I, § 113, Nov. 6, 1978, 92 Stat. 2968; Pub. L. 99–506,
title I, § 103(d)(2)(C), title X, § 1001(d)(2), Oct. 21, 1986, 100
Stat. 1810, 1843; renumbered § 304 and amended Pub. L.
102–569, title I, § 102(p)(17), title III, §§ 301(b)(3), 304, Oct.
29, 1992, 106 Stat. 4358, 4411, 4417, related to loan guarantees for community rehabilitation programs, prior to
the general amendment of this subchapter by Pub. L.
105–220.
A prior section 303 of Pub. L. 93–112 was classified to
section 772 of this title prior to the general amendment
of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (b)(1). Pub. L. 113–128, § 442(1)(A), made
technical amendment to reference in original act which
appears in text as reference to section 776 of this title.
Subsec. (b)(3)(A). Pub. L. 113–128, § 442(1)(B), substituted ‘‘National Institute on Disability, Independent
Living, and Rehabilitation Research’’ for ‘‘National Institute on Disability and Rehabilitation Research’’.
Subsec. (b)(5)(A)(i). Pub. L. 113–128, § 442(1)(C)(i)(I),
added cl. (i) and struck out former cl. (i) which read as
follows: ‘‘special projects and demonstration programs
of service delivery for adults who are either low-functioning and deaf or low-functioning and hard of hearing;’’.
Subsec. (b)(5)(A)(iii). Pub. L. 113–128, § 442(1)(C)(i)(II),
added cl. (iii) and struck out former cl. (iii) which read
as follows: ‘‘model transitional planning services for
youths with disabilities.’’
Subsec. (b)(5)(B)(viii). Pub. L. 113–128, § 442(1)(C)(ii),
substituted ‘‘under subtitle B of title I of the Workforce Innovation and Opportunity Act’’ for ‘‘under title
I of the Workforce Investment Act of 1998’’.

Page 276

Subsec. (b)(6). Pub. L. 113–128, § 442(1)(D), struck out
par. (6) which read as follows: ‘‘The Commissioner may
use funds made available to carry out this section for
continuation awards for projects that were funded
under sections 711 and 777a of this title (as such sections were in effect on the day before August 7, 1998).’’
Subsec. (c)(2)(F), (G). Pub. L. 113–128, § 442(2)(A), added
par. (F) and redesignated former par. (F) as (G).
Subsec. (c)(4)(A)(ii). Pub. L. 113–128, § 442(2)(B)(i), inserted ‘‘the’’ after ‘‘closely with’’ and ‘‘, the community parent resource centers established pursuant to
section 1472 of title 20, and the eligible entities receiving awards under section 1473 of title 20’’ after ‘‘section
1471 of title 20’’.
Subsec. (c)(4)(C). Pub. L. 113–128, § 442(2)(B)(ii), inserted ‘‘, and demonstrate the capacity for serving,’’
after ‘‘shall serve’’.
Subsec. (c)(8). Pub. L. 113–128, § 442(2)(C), added par.
(8).
Subsec. (e). Pub. L. 113–128, § 442(3), added subsec. (e)
and struck out former subsec. (e) which read as follows:
‘‘There are authorized to be appropriated to carry out
this section such sums as may be necessary for each of
the fiscal years 1999 through 2003.’’
2004—Subsec. (c)(4)(A)(ii). Pub. L. 108–446, § 305(h)(6),
substituted ‘‘section 1471’’ for ‘‘section 1482(a)’’.
Subsec. (c)(6). Pub. L. 108–446, § 305(h)(5), substituted
‘‘section 1471’’ for ‘‘section 1482(a)’’.

§§ 774, 775. Repealed. Pub. L. 113–128, title IV,
§ 443(1), July 22, 2014, 128 Stat. 1674
Section 774, Pub. L. 93–112, title III, § 304, as added
Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1195,
related to grants for vocational rehabilitation services
to individuals with disabilities who are migrant or seasonal farmworkers and to the family members who are
residing with such individuals.
A prior section 774, Pub. L. 93–112, title III, § 304, formerly title II, § 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, § 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,
§ 304, Sept. 26, 1973, 87 Stat. 381; Pub. L. 93–516, title I,
§§ 106, 111(i)–(k), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L.
93–651, title I, §§ 106, 111(i)–(k), Nov. 21, 1974, 89 Stat. 2–4,
2–6; Pub. L. 94–230, §§ 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, § 109(1), Nov. 6,
1978, 92 Stat. 2962.
Section 775, Pub. L. 93–112, title III, § 305, as added
Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1196,
related to grants to recreation programs to provide individuals with disabilities with recreational activities
and related experiences.
A prior section 775, Pub. L. 93–112, title III, § 305, as
added Pub. L. 95–602, title I, § 115(a), Nov. 6, 1978, 92
Stat. 2971; amended Pub. L. 98–221, title I, § 134, Feb. 22,
1984, 98 Stat. 25; Pub. L. 99–506, title I, § 103(d)(2)(C),
title IV, § 404, title X, § 1002(d)(3), Oct. 21, 1986, 100 Stat.
1810, 1825, 1844; Pub. L. 100–630, title II, § 204(d), Nov. 7,
1988, 102 Stat. 3309; Pub. L. 102–52, § 4(d), June 6, 1991, 105
Stat. 261; Pub. L. 102–569, title I, § 102(p)(19), title III,
§ 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,
§ 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, § 109(1), Nov. 6, 1978, 92 Stat. 2962, transferred to
section 777c of this title, and subsequently repealed by
Pub. L. 100–630.

Page 277

§ 780

TITLE 29—LABOR

§ 776. Measuring of project outcomes and performance
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.
(Pub. L. 93–112, title III, § 304, formerly § 306, as
added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998,
112 Stat. 1197; renumbered § 304, Pub. L. 113–128,
title IV, § 443(2), July 22, 2014, 128 Stat. 1674.)
Editorial Notes
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.
PRIOR PROVISIONS
A prior section 304 of Pub. L. 93–112 was classified to
section 774 of this title prior to repeal by Pub. L.
113–128, § 443(1).
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, § 306, Sept. 26,
1973, 87 Stat. 384; Pub. L. 93–516, title I, § 111(l), Dec. 7,
1974, 88 Stat. 1621; Pub. L. 93–651, title I, § 111(l), Nov. 21,
1974, 89 Stat. 2–6; Pub. L. 95–602, title I, §§ 115(b),
122(c)(4)–(6), Nov. 6, 1978, 92 Stat. 2972, 2987; Pub. L.
99–506, title I, § 103(d)(2)(C), title X, § 1002(d)(4), Oct. 21,
1986, 100 Stat. 1810, 1844; Pub. L. 100–630, title II, § 204(e),
Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–569, title I,
§ 102(p)(20), title III, § 306, Oct. 29, 1992, 106 Stat. 4359,
4417, related to general grant and contract requirements.
Section 777, Pub. L. 93–112, title III, § 310, as added
Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2973;
amended Pub. L. 98–221, title I, § 135, title II, § 208(b),
Feb. 22, 1984, 98 Stat. 25, 34; Pub. L. 99–506, title IV, § 405,
Oct. 21, 1986, 100 Stat. 1825; Pub. L. 100–630, title II,
§ 204(f), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–52,
§ 4(e)(1), June 6, 1991, 105 Stat. 261; Pub. L. 102–569, title
III, § 307, Oct. 29, 1992, 106 Stat. 4418; Pub. L. 103–73, title
I, § 110(b), Aug. 11, 1993, 107 Stat. 726, authorized appropriations.
Section 777a, Pub. L. 93–112, title III, § 311, as added
Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2973;
amended Pub. L. 98–221, title I, § 136, Feb. 22, 1984, 98
Stat. 26; Pub. L. 99–506, title I, § 103(d)(2)(C), title III,
§ 302(b), title IV, § 406, Oct. 21, 1986, 100 Stat. 1810, 1821,
1826; Pub. L. 100–630, title II, § 204(g), Nov. 7, 1988, 102
Stat. 3309; Pub. L. 102–52, § 4(e)(2), June 6, 1991, 105 Stat.
261; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat. 607;
Pub. L. 102–569, title I, § 102(p)(21), title III, § 308, Oct. 29,
1992, 106 Stat. 4359, 4418; Pub. L. 103–73, title I, § 110(c),
Aug. 11, 1993, 107 Stat. 726; Pub. L. 104–66, title I,
§ 1041(b), Dec. 21, 1995, 109 Stat. 714, related to special
demonstration programs.
Section 777b, Pub. L. 93–112, title III, § 312, as added
Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2974;
amended Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21,
1986, 100 Stat. 1810; Pub. L. 100–630, title II, § 204(h), Nov.
7, 1988, 102 Stat. 3309; Pub. L. 102–569, title I, § 102(p)(22),
title III, § 309, Oct. 29, 1992, 106 Stat. 4359, 4420, related

to migratory workers, maintenance payments, and coordination with other programs.
A prior section 777c, Pub. L. 93–112, title III, § 313, as
added Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat.
2974, related to Helen Keller National Center for DeafBlind Youths and Adults, prior to repeal by Pub. L.
98–221, title II, § 203(a), Feb. 22, 1984, 98 Stat. 33. See
chapter 21 (§ 1901 et seq.) of this title.
Another prior section 777c, Pub. L. 93–112, title III,
§ 313, formerly § 305, Sept. 26, 1973, 87 Stat. 383; Pub. L.
93–516, title I, § 107, Dec. 7, 1974, 88 Stat. 1619; Pub. L.
93–651, title I, § 107, Nov. 21, 1974, 89 Stat. 2–4; Pub. L.
94–230, §§ 7, 11(b)(10), Mar. 15, 1976, 90 Stat. 212, 213; Pub.
L. 94–288, §§ 1, 2, May 21, 1976, 90 Stat. 520; renumbered
§ 313, Pub. L. 95–602, title I, § 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, § 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, § 314, as added
Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2975;
amended Pub. L. 100–630, title II, § 204(i), Nov. 7, 1988, 102
Stat. 3309; Pub. L. 102–569, title I, § 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, § 315, as added
Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2975;
amended Pub. L. 102–569, title I, § 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, § 316, as added
Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2976;
amended Pub. L. 98–221, title I, § 137, Feb. 22, 1984, 98
Stat. 26; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV,
§ 407, Oct. 21, 1986, 100 Stat. 1810, 1827; Pub. L. 100–630,
title II, § 204(j), Nov. 7, 1988, 102 Stat. 3309; Pub. L.
102–52, § 4(e)(3), June 6, 1991, 105 Stat. 261; Pub. L.
102–569, title I, § 102(p)(25), title III, § 310, Oct. 29, 1992,
106 Stat. 4359, 4420; Pub. L. 103–73, title I, § 110(d), Aug.
11, 1993, 107 Stat. 726, related to special recreational
programs.

SUBCHAPTER IV—NATIONAL COUNCIL ON
DISABILITY
Editorial Notes
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, § 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.

§ 780. Establishment of National Council on Disability
(a) Membership; purpose
(1)(A) There is established within the Federal
Government a National Council on Disability
(referred to in this subchapter as the ‘‘National
Council’’), which, subject to subparagraph (B),
shall be composed of 9 members, of which—

§ 780

TITLE 29—LABOR

(i) 5 shall be appointed by the President;
(ii) 1 shall be appointed by the Majority
Leader of the Senate;
(iii) 1 shall be appointed by the Minority
Leader of the Senate;
(iv) 1 shall be appointed by the Speaker of
the House of Representatives; and
(v) 1 shall be appointed by the Minority
Leader of the House of Representatives.
(B) The National Council shall transition from
15 members (as of July 22, 2014) to 9 members as
follows:
(i) On the first 4 expirations of National
Council terms (after that date), replacement
members shall be appointed to the National
Council in the following order and manner:
(I) 1 shall be appointed by the Majority
Leader of the Senate.
(II) 1 shall be appointed by the Minority
Leader of the Senate.
(III) 1 shall be appointed by the Speaker of
the House of Representatives.
(IV) 1 shall be appointed by the Minority
Leader of the House of Representatives.
(ii) On the next 6 expirations of National
Council terms (after the 4 expirations described in clause (i) occur), no replacement
members shall be appointed to the National
Council.
(C) For any vacancy on the National Council
that occurs after the transition described in subparagraph (B), the vacancy shall be filled in the
same manner as the original appointment was
made.
(D) The members of the National Council shall
be individuals with disabilities, parents or
guardians of individuals with disabilities, national leaders on disability policy, or other individuals who have substantial knowledge or experience relating to disability policy or issues that
affect individuals with disabilities. The members of the National Council shall be appointed
so as to be representative of individuals with
disabilities, national organizations concerned
with individuals with disabilities, providers and
administrators of services to individuals with
disabilities, individuals engaged in conducting
medical or scientific research relating to individuals with disabilities, business concerns, and
labor organizations. A majority of the members
of the National Council shall be individuals with
disabilities. The members of the National Council shall be broadly representative of minority
and other individuals and groups.
(2) The purpose of the National Council is to
promote policies, programs, practices, and procedures that—
(A) guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and
(B) empower individuals with disabilities to
achieve economic self-sufficiency, independent
living, and inclusion and integration into all
aspects of society.
(b) Term of office
(1) Each member of the National Council shall
serve for a term of 3 years.
(2)(A) No member of the National Council may
serve more than two consecutive full terms be-

Page 278

ginning on the date of commencement of the
first full term on the Council. Members may
serve after the expiration of their terms until
their successors have taken office.
(B) As used in this paragraph, the term ‘‘full
term’’ means a term of 3 years.
(3) Any member appointed to fill a vacancy occurring before the expiration of the term for
which such member’s predecessor was appointed
shall be appointed only for the remainder of
such term.
(c) Chairperson; meetings
The President shall designate the Chairperson
from among the members appointed to the National Council. The National Council shall meet
at the call of the Chairperson, but not less often
than four times each year.
(d) Quorum; vacancies
Five members of the National Council shall
constitute a quorum and any vacancy in the National Council shall not affect its power to function.
(Pub. L. 93–112, title IV, § 400, as added Pub. L.
105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1198;
amended Pub. L. 112–166, § 2(q), Aug. 10, 2012, 126
Stat. 1288; Pub. L. 113–128, title IV, § 451, July 22,
2014, 128 Stat. 1674; Pub. L. 114–18, § 3(a), May 22,
2015, 129 Stat. 214.)
Editorial Notes
PRIOR PROVISIONS
A prior section 780, Pub. L. 93–112, title IV, § 400, as
added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat.
2977; amended Pub. L. 98–221, title I, § 141(a), Feb. 22,
1984, 98 Stat. 26; Pub. L. 99–506, title I, § 103(d)(2)(C),
title V, § 501, title X, § 1001(e), Oct. 21, 1986, 100 Stat.
1810, 1828, 1843; Pub. L. 100–630, title II, § 205(b), Nov. 7,
1988, 102 Stat. 3310; Pub. L. 102–569, title I, § 102(p)(26),
title IV, § 401, Oct. 29, 1992, 106 Stat. 4360, 4421, related
to establishment of the National Council on Disability,
prior to the general amendment of this subchapter by
Pub. L. 105–220.
Another prior section 780, Pub. L. 93–112, title IV,
§ 400, Sept. 26, 1973, 87 Stat. 385, related to general administrative powers of Secretary under this chapter,
prior to repeal by Pub. L. 95–602, § 117.
AMENDMENTS
2015—Subsec. (b). Pub. L. 114–18 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
‘‘(b)(1) Each member of the National Council shall
serve for a term of 3 years.
‘‘(2)(A) No member of the National Council may serve
more than two consecutive full terms beginning on the
date of commencement of the first full term on the
Council. Members may serve after the expiration of
their terms until their successors have taken office.
‘‘(B) As used in this paragraph, the term ‘full term’
means a term of 3 years.
‘‘(3) Any member appointed to fill a vacancy occurring before the expiration of the term for which such
member’s predecessor was appointed shall be appointed
only for the remainder of such term.’’
2014—Subsec. (a)(1)(A) to (C). Pub. L. 113–128,
§ 451(1)(B), added subpars. (A) to (C) and struck out
former subpars. (A) and (B) which read as follows:
‘‘(1)(A) There is established within the Federal Government a National Council on Disability (hereinafter
in this subchapter referred to as the ‘National Council’), which shall be composed of fifteen members appointed by the President.
‘‘(B) The President shall select members of the National Council after soliciting recommendations from
representatives of—

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‘‘(i) organizations representing a broad range of individuals with disabilities; and
‘‘(ii) organizations interested in individuals with
disabilities.’’
Former subpar. (C) redesignated (D).
Subsec. (a)(1)(D). Pub. L. 113–128, § 451(1)(C), inserted
‘‘national leaders on disability policy,’’ after ‘‘guardians of individuals with disabilities,’’ and substituted
‘‘policy or issues that affect individuals with disabilities’’ for ‘‘policy or programs’’.
Pub. L. 113–128, § 451(1)(A), redesignated subpar. (C) as
(D).
Subsec. (b). Pub. L. 113–128, § 451(2), which directed
substitution of a period for ‘‘ ‘, except’ and all that follows’’, was executed by substituting a period for
‘‘, except that the terms of service of the members initially appointed after November 6, 1978, shall be (as
specified by the President) for such fewer number of
years as will provide for the expiration of terms on a
staggered basis.’’ in par. (1), to reflect the probable intent of Congress.
Subsec. (d). Pub. L. 113–128, § 451(3), substituted
‘‘Five’’ for ‘‘Eight’’.
2012—Subsec. (a)(1)(A). Pub. L. 112–166 struck out
‘‘, by and with the advice and consent of the Senate’’
before period at end.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Pub. L. 114–18, § 3(b), May 22, 2015, 129 Stat. 214, provided that: ‘‘The amendment made by this section
[amending this section] shall take effect as if enacted
1 day after the date of enactment of the Workforce Innovation and Opportunity Act [Pub. L. 113–128, approved July 22, 2014] (29 U.S.C. 3101 et seq.).’’
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–166 effective 60 days after
Aug. 10, 2012, and applicable to appointments made on
and after that effective date, including any nomination
pending in the Senate on that date, see section 6(a) of
Pub. L. 112–166, set out as a note under section 113 of
Title 6, Domestic Security.

§ 780a. Independent status of National Council
on the Handicapped
(1) Council as independent agency within Federal Government
Effective on February 22, 1984, the National
Council on the Handicapped shall be an independent agency within the Federal Government
and shall not be an agency within the Department of Education or any other department or
agency of the United States.
(2) Transfer of functions to Council Chairman
There are transferred to the Chairman of the
National Council on the Handicapped all functions relating to the Council which were vested
in the Secretary of Education on the day before
February 22, 1984. The Chairman of the National
Council on the Handicapped shall continue to
exercise all the functions under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] or any
other law or authority which the Chairman was
performing before February 22, 1984.
(3) Changes in statutory and other references
References in any statute, reorganization
plan, Executive order, regulation, or other official document or proceeding to the Department
of Education or the Secretary of Education with
respect to functions or activities relating to the
National Council on the Handicapped shall be

deemed to refer to the National Council on the
Handicapped or the Chairman of the National
Council on the Handicapped, respectively.
(Pub. L. 98–221, title I, § 141(b), Feb. 22, 1984, 98
Stat. 26.)
Editorial Notes
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 (§ 701 et
seq.). For complete classification of this Act to the
Code, see Short Title note set out under section 701 of
this title and Tables.
CODIFICATION
Section was enacted as part of the Rehabilitation
Amendments of 1984, and not as part of Rehabilitation
Act of 1973 which comprises this chapter.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
The National Council on the Handicapped was established by former section 780 of this title and was redesignated the National Council on Disability by an
amendment to that section by Pub. L. 100–630, title II,
§ 205(b), Nov. 7, 1988, 102 Stat. 3310.

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

§ 781

TITLE 29—LABOR

in order to assess the effectiveness of such
policies, programs, practices, procedures, statutes, and regulations in meeting the needs of
individuals with disabilities;
(6) assess the extent to which such policies,
programs, practices, and procedures facilitate
or impede the promotion of the policies set
forth in subparagraphs (A) and (B) of section
780(a)(2) of this title;
(7) gather information about the implementation, effectiveness, and impact of the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
(8) make recommendations to the President,
the Congress, the Secretary, the Director of
the National Institute on Disability and Rehabilitation Research, and other officials of Federal agencies or other Federal entities, respecting ways to better promote the policies
set forth in section 780(a)(2) of this title;
(9) provide to the Congress on a continuing
basis advice, recommendations, legislative
proposals, and any additional information
that the National Council or the Congress
deems appropriate; and
(10) review and evaluate on a continuing
basis new and emerging disability policy
issues affecting individuals with disabilities at
the Federal, State, and local levels, and in the
private sector, including the need for and coordination of adult services, access to personal
assistance services, school reform efforts and
the impact of such efforts on individuals with
disabilities, access to health care, and policies
that operate as disincentives for the individuals to seek and retain employment.
(b) Annual reports
(1) Not later than October 31, 1998, and annually thereafter, the National Council shall prepare and submit to the President and the appropriate committees of the Congress a report entitled ‘‘National Disability Policy: A Progress Report’’.
(2) The report shall assess the status of the
Nation in achieving the policies set forth in section 780(a)(2) of this title, with particular focus
on the new and emerging issues impacting on
the lives of individuals with disabilities. The report shall present, as appropriate, available data
on health, housing, employment, insurance,
transportation, recreation, training, prevention,
early intervention, and education. The report
shall include recommendations for policy
change.
(3) In determining the issues to focus on and
the findings, conclusions, and recommendations
to include in the report, the National Council
shall seek input from the public, particularly individuals with disabilities, representatives of organizations representing a broad range of individuals with disabilities, and organizations and
agencies interested in individuals with disabilities.
(Pub. L. 93–112, title IV, § 401, as added Pub. L.
105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1199;
amended Pub. L. 105–394, title II, § 202, Nov. 13,
1998, 112 Stat. 3653; Pub. L. 106–402, title IV,
§ 401(b)(3)(B), Oct. 30, 2000, 114 Stat. 1737; Pub. L.
108–364, § 3(b)(2), Oct. 25, 2004, 118 Stat. 1737; Pub.
L. 113–128, title IV, § 452, July 22, 2014, 128 Stat.
1675.)

Page 280
Editorial Notes
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 (§ 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 (§ 12101 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
PRIOR PROVISIONS
A prior section 781, Pub. L. 93–112, title IV, § 401, as
added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat.
2977; amended Pub. L. 98–221, title I, § 142, Feb. 22, 1984,
98 Stat. 27; Pub. L. 99–506, title I, § 103(d)(2)(C), title III,
§ 302(b), title V, § 502, Oct. 21, 1986, 100 Stat. 1810, 1821,
1828; Pub. L. 100–630, title II, § 205(c), Nov. 7, 1988, 102
Stat. 3310; Pub. L. 102–569, title I, § 102(p)(27), title IV,
§ 402, Oct. 29, 1992, 106 Stat. 4360, 4422; Pub. L. 104–66,
title II, § 2131, Dec. 21, 1995, 109 Stat. 731, related to duties of National Council on Disability, prior to the general amendment of this subchapter by Pub. L. 105–220.
Another prior section 781, Pub. L. 93–112, title IV,
§ 401, Sept. 26, 1973, 87 Stat. 386, related to program and
project evaluation, prior to repeal by Pub. L. 95–602,
§ 117.
AMENDMENTS
Subsec. (a)(1), (3). Pub. L. 113–128, § 452(1), substituted
‘‘National Institute on Disability, Independent Living,
and Rehabilitation Research’’ for ‘‘National Institute
on Disability and Rehabilitation Research’’.
Subsec. (c). Pub. L. 113–128, § 452(2), struck out subsec.
(c) which required a report describing the barriers in
Federal assistive technology policy to increasing the
availability of and access to assistive technology devices and assistive technology services for individuals
with disabilities.
2004—Subsec. (c)(2). Pub. L. 108–364 substituted ‘‘targeted individuals and entities’’ for ‘‘targeted individuals’’.
2000—Subsec. (a)(5)(A). Pub. L. 106–402, which directed
substitution of ‘‘Developmental Disabilities Assistance
and Bill of Rights Act of 2000’’ for ‘‘Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6000 et seq.)’’, was executed by making the substitution
for ‘‘Developmental Disabilities Assistance and Bill of
Rights Act’’ to reflect the probable intent of Congress.
1998—Subsec. (c). Pub. L. 105–394 added subsec. (c).
Statutory Notes and Related Subsidiaries
TERMINATION OF REPORTING 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.
TRANSFER OF FUNCTIONS
Functions which the Director of the National Institute on Disability and Rehabilitation Research exercised before July 22, 2014 (including all related functions of any officer or employee of the National Institute on Disability and Rehabilitation Research), transferred to the National Institute on Disability, Independent Living, and Rehabilitation Research, see sub-

Page 281

§ 783

TITLE 29—LABOR

section (n) of section 3515e of Title 42, The Public
Health and Welfare.

§ 782. Compensation of National Council members
(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 fulltime officers or employees of the United States
shall receive no additional pay on account of
their service on the National Council except for
compensation for travel expenses as provided
under subsection (c) of this section.
(c) Travel expenses
While away from their homes or regular places
of business in the performance of services for
the National Council, members of the National
Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same
manner as persons employed intermittently in
the Government service are allowed expenses
under section 5703 of title 5.
(Pub. L. 93–112, title IV, § 402, as added Pub. L.
105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1200.)
Editorial Notes
PRIOR PROVISIONS
A prior section 782, Pub. L. 93–112, title IV, § 402, as
added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat.
2978; amended Pub. L. 100–630, title II, § 205(d), Nov. 7,
1988, 102 Stat. 3310; Pub. L. 102–569, title IV, § 403, Oct.
29, 1992, 106 Stat. 4423, related to compensation of National Council members, prior to the general amendment of this subchapter by Pub. L. 105–220.
Another prior section 782, Pub. L. 93–112, title IV,
§ 402, Sept. 26, 1973, 87 Stat. 387, authorized the Secretary to obtain information from Federal agencies,
prior to repeal by Pub. L. 95–602, § 117.

§ 783. Staff of National Council
(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 as is
not, in the Secretary’s judgment, required to
meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by
the United States.
(2) The amounts described in paragraph (1),
and the interest on, and the proceeds from the
sale or redemption of, the obligations described
in paragraph (1) shall be available to the National Council to carry out this subchapter.
(Pub. L. 93–112, title IV, § 403, as added Pub. L.
105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1200.)
Editorial Notes
PRIOR PROVISIONS
A prior section 783, Pub. L. 93–112, title IV, § 403, as
added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat.
2978; amended Pub. L. 98–221, title I, § 143, Feb. 22, 1984,
98 Stat. 28; Pub. L. 99–506, title I, § 103(d)(2)(C), title V,
§ 503, Oct. 21, 1986, 100 Stat. 1810, 1829; Pub. L. 100–630,
title II, § 205(e), Nov. 7, 1988, 102 Stat. 3310; Pub. L.
102–569, title I, § 102(p)(28), title IV, § 404, Oct. 29, 1992,
106 Stat. 4360, 4423; Pub. L. 103–73, title I, § 111, Aug. 11,
1 So

in original. Probably should be subsection ‘‘(b)(2)(B)’’.

§ 784

TITLE 29—LABOR

1993, 107 Stat. 727, related to National Council staff,
prior to the general amendment of this subchapter by
Pub. L. 105–220.
Another prior section 783, Pub. L. 93–112, title IV,
§ 403, Sept. 26, 1973, 87 Stat. 387; Pub. L. 93–516, title I,
§ 108, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I,
§ 108, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 8,
11(b)(11), Mar. 15, 1976, 90 Stat. 212, 213, authorized appropriations to conduct program and project evaluations, prior to repeal by Pub. L. 95–602, § 117.

§ 784. Administrative powers of National Council
(a) Bylaws and rules
The National Council may prescribe such bylaws and rules as may be necessary to carry out
its duties under this subchapter.
(b) Hearings
The National Council may hold such hearings,
sit and act at such times and places, take such
testimony, and receive such evidence as it
deems advisable.
(c) Advisory committees
The National Council may appoint advisory
committees to assist the National Council in
carrying out its duties. The members thereof
shall serve without compensation.
(d) Use of mails
The National Council may use the United
States mails in the same manner and upon the
same conditions as other departments and agencies of the United States.
(e) Use of services, personnel, information, and
facilities
The National Council may use, with the consent of the agencies represented on the Interagency Disability Coordinating Council, and as
authorized in subchapter V, such services, personnel, information, and facilities as may be
needed to carry out its duties under this subchapter, with or without reimbursement to such
agencies.
(Pub. L. 93–112, title IV, § 404, as added Pub. L.
105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1201.)
Editorial Notes
PRIOR PROVISIONS
A prior section 784, Pub. L. 93–112, title IV, § 404, as
added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat.
2979; amended Pub. L. 102–569, title IV, § 405, Oct. 29,
1992, 106 Stat. 4423, related to administrative powers of
National Council, prior to the general amendment of
this subchapter by Pub. L. 105–220.
Another prior section 784, Pub. L. 93–112, title IV,
§ 404, Sept. 26, 1973, 87 Stat. 387, directed Secretary to
submit annual reports to the President and to Congress
on activities carried out under this chapter, prior to repeal by Pub. L. 95–602, § 117.
Statutory Notes and Related Subsidiaries

Page 282

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.

§ 785. Authorization of appropriations
There are authorized to be appropriated to
carry out this subchapter $3,186,000 for fiscal
year 2015, $3,432,000 for fiscal year 2016, $3,503,000
for fiscal year 2017, $3,581,000 for fiscal year 2018,
$3,665,000 for fiscal year 2019, and $3,743,000 for
fiscal year 2020.
(Pub. L. 93–112, title IV, § 405, as added Pub. L.
105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1202;
amended Pub. L. 113–128, title IV, § 453, July 22,
2014, 128 Stat. 1675.)
Editorial Notes
PRIOR PROVISIONS
A prior section 785, Pub. L. 93–112, title IV, § 405, as
added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat.
2979; amended Pub. L. 99–506, title V, § 504, Oct. 21, 1986,
100 Stat. 1829; Pub. L. 102–52, § 5, June 6, 1991, 105 Stat.
262; Pub. L. 102–569, title IV, § 406, Oct. 29, 1992, 106 Stat.
4423, authorized appropriations, prior to the general
amendment of this subchapter by Pub. L. 105–220.
Another prior section 785, Pub. L. 93–112, title IV,
§ 405, Sept. 26, 1973, 87 Stat. 388; Pub. L. 93–516, title I,
§§ 109, 111(m), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L.
93–651, title I, §§ 109, 111(m), Nov. 21, 1974, 89 Stat. 2–4,
2–6; Pub. L. 94–230, §§ 9, 11(b)(12), Mar. 15, 1976, 90 Stat.
212, 213, specified certain responsibilities of the Secretary, prior to repeal by Pub. L. 95–602, § 117.
Prior sections 786 and 787 were repealed by Pub. L.
95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977.
Section 786, Pub. L. 93–112, title IV, § 406, Sept. 26,
1973, 87 Stat. 389; S. Res. 4, Feb. 4, 1977, provided that
the Secretary conduct a study on the role of sheltered
workshops in the rehabilitation and employment of
handicapped individuals and report the results of this
study to Congress within twenty-four months after
Sept. 26, 1973.
Section 787, Pub. L. 93–112, title IV, § 407, Sept. 26,
1973, 87 Stat. 389, provided that the Secretary conduct
a study on allotment of funds among the States for
grants for basic vocational rehabilitation and report
the results of this study to Congress not later than
June 30, 1974.
AMENDMENTS
2014—Pub. L. 113–128 substituted ‘‘$3,186,000 for fiscal
year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for
fiscal year 2019, and $3,743,000 for fiscal year 2020.’’ for
‘‘such sums as may be necessary for each of the fiscal
years 1999 through 2003.’’

SUBCHAPTER V—RIGHTS AND ADVOCACY
§ 790. Repealed. Pub. L. 102–569, title V, § 502(a),
Oct. 29, 1992, 106 Stat. 4424
Section, Pub. L. 93–112, title V, § 500, Sept. 26, 1973, 87
Stat. 390, related to effects on existing law, references
in other provisions, availability of unexpended appropriations, savings provision, and extension of appropriations.

TERMINATION OF ADVISORY COMMITTEES

§ 791. Employment of individuals with disabilities

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

(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 Employ-

Page 283

TITLE 29—LABOR

ees 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 Disability Employment Partnership Board and the
President’s Committee for People with Intellectual Disabilities 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 Regulatory 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.

§ 791

(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; nonFederal 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) 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
510,1 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.
(Pub. L. 93–112, title V, § 501, Sept. 26, 1973, 87
Stat. 390; Pub. L. 98–221, title I, § 104(b)(3), Feb.
22, 1984, 98 Stat. 18; Pub. L. 99–506, title I,
§ 103(d)(2)(C), title X, §§ 1001(f)(1), 1002(e)(1),
(2)(A), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844; Pub.
L. 100–630, title II, § 206(a), Nov. 7, 1988, 102 Stat.
1 See

References in Text note below.

§ 791

TITLE 29—LABOR

3310; Pub. L. 102–54, § 13(k)(1)(B), June 13, 1991, 105
Stat. 276; Pub. L. 102–569, title I, § 102(p)(29), title
V, § 503, Oct. 29, 1992, 106 Stat. 4360, 4424; Pub. L.
103–73, title I, § 112(a), Aug. 11, 1993, 107 Stat. 727;
Pub. L. 105–220, title III, § 341(c), title IV,
§ 408(a)(1), Aug. 7, 1998, 112 Stat. 1092, 1202; Pub.
L. 109–435, title VI, § 604(d), Dec. 20, 2006, 120 Stat.
3242; Pub. L. 111–256, § 2(d)(3), Oct. 5, 2010, 124
Stat. 2643; Pub. L. 113–128, title IV, § 456(a), July
22, 2014, 128 Stat. 1675.)
Editorial Notes
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. (f), is Pub. L. 101–336, July 26, 1990, 104
Stat. 327. Title I of the Act is classified generally to
subchapter I (§ 12111 et seq.) of chapter 126 of Title 42,
The Public Health and Welfare. Section 510 of the Act
was renumbered section 511 by Pub. L. 110–325, § 6(a)(2),
Sept. 25, 2008, 122 Stat. 3558. For complete classification
of this Act to the Code, see Short Title note set out
under section 12101 of Title 42 and Tables.
PRIOR PROVISIONS
Prior similar provisions were set out in section 38 of
this title.
AMENDMENTS
2014—Subsecs. (f), (g). Pub. L. 113–128 redesignated
subsec. (g) as (f) and struck out former subsec. (f). Prior
to amendment, text of subsec. (f) read as follows:
‘‘(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.’’
2010—Subsec. (a). Pub. L. 111–256 substituted ‘‘President’s Disability Employment Partnership Board and
the President’s Committee for People with Intellectual
Disabilities’’ for ‘‘President’s Committees on Employment of People With Disabilities and on Mental Retardation’’.
2006—Subsec. (b). Pub. L. 109–435, § 604(d), substituted
‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Office’’.
1998—Subsec. (a). Pub. L. 105–220, § 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, § 341(c)(1), inserted ‘‘and the Smithsonian Institution’’ after ‘‘Government’’ in fourth sentence.
Subsec. (b). Pub. L. 105–220, § 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, § 341(c)(3), inserted ‘‘and
the Smithsonian Institution’’ after ‘‘instrumentality’’.
Subsec. (e). Pub. L. 105–220, § 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, § 102(p)(29)(A), substituted ‘‘disabilities’’ for ‘‘handicaps’’ in section catchline.
Subsec. (a). Pub. L. 102–569, § 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

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as follows: ‘‘The Secretary of Education and the Chairman of the Commission shall serve as co-chairpersons
of the Committee.’’
Pub. L. 102–569, § 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, § 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, § 102(p)(29)(C),
substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’.
Subsec. (g). Pub. L. 102–569, § 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, § 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, § 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, ‘‘cochairpersons’’ for ‘‘co-chairmen’’ in second sentence,
and ‘‘Commission’’ for ‘‘Office’’ in cl. (2).
Subsec. (b). Pub. L. 100–630, § 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, § 206(a)(2), substituted ‘‘Commission’’ for ‘‘Equal Opportunity Employment Commission’’ wherever appearing.
Subsec. (e). Pub. L. 100–630, § 206(a)(6), substituted ‘‘an
individualized’’ for ‘‘a individualized’’.
Subsec. (f)(1), (2). Pub. L. 100–630, § 206(a)(7), substituted ‘‘Employment of People With Disabilities’’ for
‘‘Employment of the Handicapped’’.
1986—Pub. L. 99–506, § 103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’
in section catchline.
Subsecs. (a) to (c). Pub. L. 99–506, §§ 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, §§ 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, § 1001(f)(1), substituted ‘‘a
individualized’’ for ‘‘his individualized’’.
Subsec. (f)(2). Pub. L. 99–506, § 103(d)(2)(C), substituted
‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’.
1984—Subsec. (a). Pub. L. 98–221, § 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’’.

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TITLE 29—LABOR

Subsec. (b). Pub. L. 98–221, § 104(b)(3)(C), (D), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil
Service Commission’’ and substituted ‘‘Office’’ for
‘‘Commission’’ in three places.
Subsec. (c). Pub. L. 98–221, § 104(b)(3)(C), substituted
‘‘Office of Personnel Management’’ for ‘‘Civil Service
Commission’’.
Subsec. (d). Pub. L. 98–221, § 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, § 104(b)(3)(F), substituted
‘‘Secretary of Education’’ for ‘‘Secretary of Health,
Education, and Welfare’’.
Statutory Notes and Related Subsidiaries
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, formerly
set out as a note under section 633a of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Pub. L. 102–569, title I, § 138, Oct. 29, 1992, 106 Stat.
4397, as amended by Pub. L. 103–73, title I, § 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 (§§ 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, § 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, set out as
a note under section 1113 of Title 31, Money and Finance.

lated 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, § 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, § 4(a), Jan.
10, 2001, 66 F.R. 3858, set out as a note under section 701
of this title.

EXECUTIVE ORDER NO. 10640

EX. ORD. NO. 13163. INCREASING THE OPPORTUNITY FOR
INDIVIDUALS WITH DISABILITIES TO BE EMPLOYED IN
THE FEDERAL GOVERNMENT

Ex. Ord. No. 10640, Oct. 10, 1955, 20 F.R. 7717, formerly
set out as a note under section 39 of this title, which re-

Ex. Ord. No. 13163, July 26, 2000, 65 F.R. 46563, provided:

Executive Documents

§ 791

TITLE 29—LABOR

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 writ-

Page 286

ten 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 dis-

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TITLE 29—LABOR

abilities 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.
EX. ORD. NO. 13548. INCREASING FEDERAL EMPLOYMENT
OF INDIVIDUALS WITH DISABILITIES
Ex. Ord. No. 13548, July 26, 2010, 75 F.R. 45039, 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 establish the Federal Government as a model employer of individuals with disabilities, it is hereby ordered as follows:
SECTION 1. Policy. Approximately 54 million Americans are living with a disability. The Federal Government has an important interest in reducing discrimination against Americans living with a disability, in
eliminating the stigma associated with disability, and
in encouraging Americans with disabilities to seek employment in the Federal workforce. Yet Americans
with disabilities have an employment rate far lower
than that of Americans without disabilities, and they
are underrepresented in the Federal workforce. Individuals with disabilities currently represent just over 5
percent of the nearly 2.5 million people in the Federal
workforce, and individuals with targeted disabilities
(as defined below) currently represent less than 1 percent of that workforce.
On July 26, 2000, in the final year of his administration, President Clinton signed Executive Order 13163,
calling for an additional 100,000 individuals with disabilities to be employed by the Federal Government
over 5 years. Yet few steps were taken to implement
that Executive Order in subsequent years.
As the Nation’s largest employer, the Federal Government must become a model for the employment of
individuals with disabilities. Executive departments
and agencies (agencies) must improve their efforts to
employ workers with disabilities through increased recruitment, hiring, and retention of these individuals.
My Administration is committed to increasing the
number of individuals with disabilities in the Federal
workforce through compliance with Executive Order
13163 and achievement of the goals set forth therein
over 5 years, including specific goals for hiring individuals with targeted disabilities.
SEC. 2. Recruitment and Hiring of Individuals with Disabilities. (a) Within 60 days of the date of this order, the
Director of the Office of Personnel Management, in
consultation with the Secretary of Labor, the Chair of
the Equal Employment Opportunity Commission, and
the Director of the Office of Management and Budget,
shall design model recruitment and hiring strategies
for agencies seeking to increase their employment of
people with disabilities and develop mandatory training programs for both human resources personnel and
hiring managers on the employment of individuals with
disabilities.
(b) Within 120 days of the date the Office of Personnel
Management sets forth strategies and programs required under subsection (a), each agency shall develop
an agency-specific plan for promoting employment opportunities for individuals with disabilities. The plan
shall be developed in consultation with and, as appropriate, subject to approval by the Director of the Office
of Personnel Management and the Director of the Office of Management and Budget, and shall, consistent
with law, include performance targets and numerical
goals for employment of individuals with disabilities
and sub-goals for employment of individuals with targeted disabilities.
(c) Each agency shall designate a senior-level agency
official to be accountable for enhancing employment

§ 791

opportunities for individuals with disabilities and individuals with targeted disabilities within the agency,
consistent with law, and for meeting the goals of this
order. This official, among other things, shall be accountable for developing and implementing the agency’s plan under subsection (b), creating recruitment
and training programs for employment of individuals
with disabilities and targeted disabilities, and coordinating employment counseling to help match the career aspirations of individuals with disabilities to the
needs of the agency.
(d) In implementing their plans, agencies, to the extent permitted by law, shall increase utilization of the
Federal Government’s Schedule A excepted service hiring authority for persons with disabilities and increase
participation of individuals with disabilities in internships, fellowships, and training and mentoring programs.
(e) The Office of Personnel Management shall assist
agencies with the implementation of their plans. The
Director of the Office of Personnel Management, in
consultation with the Director of the Office of Management and Budget, shall implement a system for reporting regularly to the President, the heads of agencies,
and the public on agencies’ progress in implementing
their plans and the objectives of this order. The Office
of Personnel Management, to the extent permitted by
law, shall compile and post on its website Governmentwide statistics on the hiring of individuals with disabilities.
SEC. 3. Increasing Agencies’ Retention and Return to
Work of Individuals with Disabilities. (a) The Director of
the Office of Personnel Management, in consultation
with the Secretary of Labor and the Chair of the Equal
Employment Opportunity Commission, shall identify
and assist agencies in implementing strategies for retaining Federal workers with disabilities in Federal
employment including, but not limited to, training, the
use of centralized funds to provide reasonable accommodations, increasing access to appropriate accessible
technologies, and ensuring the accessibility of physical
and virtual workspaces.
(b) Agencies shall make special efforts, to the extent
permitted by law, to ensure the retention of those who
are injured on the job. Agencies shall work to improve,
expand, and increase successful return-to-work outcomes for those of their employees who sustain workrelated injuries and illnesses, as defined under the Federal Employees’ Compensation Act (FECA), by increasing the availability of job accommodations and light or
limited duty jobs, removing disincentives for FECA
claimants to return to work, and taking other appropriate measures. The Secretary of Labor, in consultation with the Director of the Office of Personnel Management, shall pursue innovative re-employment strategies and develop policies, procedures, and structures
that foster improved return-to-work outcomes, including by pursuing overall reform of the FECA system.
The Secretary of Labor shall also propose specific outcome measures and targets by which each agency’s
progress in carrying out return-to-work and FECA
claims processing efforts can be assessed.
SEC. 4. Definitions. (a) ‘‘Disability’’ shall be defined as
set forth in the ADA Amendments Act of 2008.
(b) ‘‘Targeted disability’’ shall be defined as set forth
on the form for self-identification of disability, Standard Form 256 (SF 256), issued by the Office of Personnel
Management, or any replacements, updates, or revisions thereto.
(c) Not less than 1 year after the date of this order
and in consultation with the Equal Employment Opportunity Commission, the Department of Labor, and the
Office of Management and Budget, the Office of Personnel Management shall review the effectiveness of
the definition of targeted disability set forth in SF 256
and replace, update, or revise it as appropriate.
SEC. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or

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TITLE 29—LABOR

(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations, and shall not be construed to require any
Federal employee to disclose disability status involuntarily.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.

§ 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
(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.
1 So

in original. Probably should be ‘‘Access Board’’.

Page 288

(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

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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

§ 792

(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). Except as provided in paragraph (3)
of subsection (f), 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

§ 792

TITLE 29—LABOR

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.

Page 290

(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).
(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). 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.
2 So

in original. Probably should not be capitalized.

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TITLE 29—LABOR

(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
$7,448,000 for fiscal year 2015, $8,023,000 for fiscal
year 2016, $8,190,000 for fiscal year 2017, $8,371,000
for fiscal year 2018, $8,568,000 for fiscal year 2019,
and $8,750,000 for fiscal year 2020.
(Pub. L. 93–112, title V, § 502, Sept. 26, 1973, 87
Stat. 391; Pub. L. 93–516, title I, §§ 110, 111(n)–(q),
Dec. 7, 1974, 88 Stat. 1619, 1621, 1622; Pub. L.
93–651, title I, §§ 110, 111(n)–(q), Nov. 21, 1974, 89
Stat. 2–4, 2–6, 2–7; Pub. L. 94–230, §§ 10, 11(b)(13),
Mar. 15, 1976, 90 Stat. 212, 214; Pub. L. 95–251,
§ 2(a)(8), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–602,
title I, § 118, Nov. 6, 1978, 92 Stat. 2979; Pub. L.
96–374, title XIII, § 1321, Oct. 3, 1980, 94 Stat. 1499;
Pub. L. 98–221, title I, § 151, Feb. 22, 1984, 98 Stat.
28; Pub. L. 99–506, title I, § 103(d)(2)(C), title VI,
§ 601, title X, § 1002(e)(2)(B)–(D), Oct. 21, 1986, 100
Stat. 1810, 1829, 1844; Pub. L. 100–630, title II,
§ 206(b), Nov. 7, 1988, 102 Stat. 3311; Pub. L. 102–52,
§ 6, June 6, 1991, 105 Stat. 262; Pub. L. 102–54,
§ 13(k)(1)(A), June 13, 1991, 105 Stat. 276; Pub. L.
102–569, title I, § 102(p)(30), title V, § 504, Oct. 29,
1992, 106 Stat. 4360, 4424; Pub. L. 103–73, title I,
§ 112(b), Aug. 11, 1993, 107 Stat. 727; Pub. L.
105–220, title IV, § 408(a)(2), Aug. 7, 1998, 112 Stat.
1202; Pub. L. 105–394, title II, § 203(a), Nov. 13,
1998, 112 Stat. 3653; Pub. L. 108–364, § 3(b)(3), Oct.
25, 2004, 118 Stat. 1737; Pub. L. 113–128, title IV,
§ 456(b), July 22, 2014, 128 Stat. 1675.)
Editorial Notes
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
(§ 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 (§ 12131 et
seq.) and III (§ 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.
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.
AMENDMENTS
2014—Subsec. (j). Pub. L. 113–128 substituted
‘‘$7,448,000 for fiscal year 2015, $8,023,000 for fiscal year

§ 792

2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal
year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for
fiscal year 2020.’’ for ‘‘such sums as may be necessary
for each of the fiscal years 1999 through 2003.’’
2004—Subsec. (d). Pub. L. 108–364 substituted ‘‘targeted individuals and entities’’ for ‘‘targeted individuals’’.
1998—Subsec. (a)(1). Pub. L. 105–220, § 408(a)(2)(A), substituted ‘‘chairperson and’’ for ‘‘Chairperson and’’ in
concluding provisions.
Subsec. (b)(2). Pub. L. 105–220, § 408(a)(2)(B)(i), substituted ‘‘information’’ for ‘‘guidelines’’.
Subsec. (b)(3). Pub. L. 105–220, § 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, § 408(a)(2)(B)(iii)–(v),
added par. (11).
Subsec. (d). Pub. L. 105–394, § 203(a)(2), added subsec.
(d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 105–220, § 408(a)(2)(C), substituted ‘‘procedures under this subsection’’ for ‘‘procedures under this section’’.
Subsec. (e). Pub. L. 105–394, § 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, § 203(a)(1), redesignated
subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105–394, § 203(a)(1), redesignated
subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(2). Pub. L. 105–220, § 408(a)(2)(D), substituted ‘‘Committee on Education and the Workforce’’
for ‘‘Committee on Education and Labor’’.
Subsec. (h). Pub. L. 105–394, § 203(a)(1), redesignated
subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(2)(A). Pub. L. 105–220, § 408(a)(2)(E), substituted ‘‘paragraphs (2) and (4)’’ for ‘‘paragraphs (5)
and (7)’’.
Subsec. (i). Pub. L. 105–394, § 203(a)(1), redesignated
subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 105–220, § 408(a)(2)(F), substituted ‘‘fiscal years
1999 through 2003’’ for ‘‘fiscal years 1993 through 1997’’.
Subsec. (j). Pub. L. 105–394, § 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, § 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, § 504(a)(1), substituted
‘‘the ‘Access Board’ ’’ for ‘‘the ‘Board’ ’’ in introductory
provisions.
Subsec. (a)(1)(A). Pub. L. 102–569, § 504(b)(1)(A), substituted ‘‘Thirteen’’ for ‘‘Twelve’’ and ‘‘at least a majority’’ for ‘‘six’’.
Pub. L. 102–569, § 102(p)(30), substituted ‘‘individuals
with disabilities’’ for ‘‘individuals with handicaps’’.
Subsec. (a)(1)(B)(xii). Pub. L. 102–569, § 504(b)(1)(B),
added cl. (xii).
Subsec. (a)(2)(A). Pub. L. 102–569, § 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, § 504(b)(3), substituted
‘‘a Federal’’ for ‘‘such an’’ after ‘‘member becomes’’.
Subsec. (a)(5)(A). Pub. L. 102–569, § 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, § 504(c), amended subsec.
(b) generally, substituting present provisions for provisions which outlined eight specific functions of the Access Board.

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Subsec. (c). Pub. L. 102–569, § 102(p)(30), substituted
‘‘individuals with disabilities’’ for ‘‘individuals with
handicaps’’ wherever appearing.
Subsec. (d)(1). Pub. L. 102–569, § 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, § 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, § 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, § 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). 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, § 102(p)(30), substituted ‘‘individuals
with disabilities’’ for ‘‘individuals with handicaps’’
wherever appearing.
Subsec. (h)(1). Pub. L. 102–569, § 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

Page 292

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, § 102(p)(30), substituted ‘‘individuals
with disabilities’’ for ‘‘individuals with handicaps’’ before ‘‘with full access’’.
Subsec. (h)(2). Pub. L. 102–569, § 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, § 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, § 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, § 206(b)(2), substituted
‘‘the member’’ for ‘‘he’’.
Subsec. (a)(5)(A). Pub. L. 100–630, § 206(b)(3), substituted ‘‘travel time’’ for ‘‘traveltime’’.
Subsec. (b). Pub. L. 100–630, § 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, § 206(b)(8), inserted a
comma after ‘‘expanded transportation systems’’.
Subsec. (d)(2)((B). Pub. L. 100–630, § 206(b)(9), substituted ‘‘that relate to’’ for ‘‘which related to’’.
Subsec. (f). Pub. L. 100–630, § 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, § 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, §§ 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, § 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.

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TITLE 29—LABOR

Subsec. (a)(2)(ii), (iii). Pub. L. 99–506, § 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, § 601(a)(4), added par. (6).
Subsecs. (b)(2), (c). Pub. L. 99–506, § 103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped
individuals’’ wherever appearing.
Subsec. (d)(2)(A). Pub. L. 99–506, § 1002(e)(2)(B), substituted ‘‘any final order’’ for ‘‘any, final order’’.
Subsec. (d)(3). Pub. L. 99–506, § 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, § 1002(e)(2)(D), substituted ‘‘alleged noncompliance and in’’ for ‘‘alleged
noncompliance in’’.
Subsec. (g). Pub. L. 99–506, § 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, § 103(d)(2)(C), substituted ‘‘individuals
with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing.
Subsec. (h)(1). Pub. L. 99–506, § 103(d)(2)(C), substituted
reference to individuals with handicaps for reference to
handicapped individuals.
Subsec. (i). Pub. L. 99–506, § 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, § 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, § 1321(a)(2), added
cl. (xi).
Subsec. (h)(3). Pub. L. 96–374, § 1321(b), added par. (3).
1978—Subsec. (a). Pub. L. 95–602, § 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, § 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, § 118(b)(2), inserted
‘‘communication,’’ before ‘‘and attitudinal’’ and ‘‘telecommunication devices,’’ before ‘‘public buildings’’.

§ 792

Subsec. (b)(7), (8). Pub. L. 95–602, § 118(b)(3), added
pars. (7) and (8).
Subsec. (d). Pub. L. 95–602, § 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), 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, § 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, § 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, § 118(e), added subsec. (i).
1976—Subsec. (h). Pub. L. 94–230, § 10, authorized appropriation of $1,500,000 for fiscal year ending Sept. 30,
1977.
Pub. L. 94–230, § 11(b)(13), authorized appropriation of
$1,500,000 for fiscal year ending Sept. 30, 1978.
1974—Subsec. (a). Pub. L. 93–516, § 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, § 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, § 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, § 111(p), inserted provisions
relating to appointment of an executive director and
other professional and clerical personnel.
Pub. L. 93–651, § 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, § 111(q), substituted ‘‘not
later than September 30, 1975’’ for ‘‘prior to January 1,
1975’’.
Pub. L. 93–651, § 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, § 110, authorized appropriation of $1,500,000 for fiscal year ending June 30, 1976.
Pub. L. 93–651, § 110, amended subsec. (h) in exactly
the same manner as it was amended by Pub. L. 93–516.

§ 793

TITLE 29—LABOR
Statutory Notes and Related Subsidiaries
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
Pub. L. 94–230, § 11(a), (b)(1), (c), Mar. 15, 1976, 90 Stat.
213, 214, extended certain program authorizations in the
absence of congressional action, provided that the
amendments made by section 11(b) of Pub. L. 94–230
would take effect at the close of Apr. 15, 1977, unless
Congress passed legislation preempting those amendments, and provided that Congress would not be
deemed to have passed such legislation unless it became law.
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.
ACCESSIBILITY OF INFORMATION ON PRESCRIPTION DRUG
CONTAINER LABELS BY VISUALLY IMPAIRED AND
BLIND CONSUMERS
Pub. L. 112–144, title IX, § 904, July 9, 2012, 126 Stat.
1090, provided that:
‘‘(a) ESTABLISHMENT OF WORKING GROUP.—
‘‘(1) IN GENERAL.—The Architectural and Transportation Barriers Compliance Board (referred to in this
section as the ‘Access Board’) shall convene a stakeholder working group (referred to in this section as
the ‘working group’) to develop best practices on access to information on prescription drug container labels for individuals who are blind or visually impaired.
‘‘(2) MEMBERS.—The working group shall be comprised of representatives of national organizations
representing blind and visually impaired individuals,
national organizations representing the elderly, and
industry groups representing stakeholders, including
retail, mail-order, and independent community pharmacies, who would be impacted by such best practices. Representation within the working group shall
be divided equally between consumer and industry
advocates.
‘‘(3) BEST PRACTICES.—
‘‘(A) IN GENERAL.—The working group shall develop, not later than 1 year after the date of the enactment of this Act [July 9, 2012], best practices for
pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable,
and independent access to the information on prescription drug container labels.
‘‘(B) PUBLIC AVAILABILITY.—The best practices developed under subparagraph (A) may be made publicly available, including through the Internet Web
sites of the working group participant organizations, and through other means, in a manner that
provides access to interested individuals, including
individuals with disabilities.
‘‘(C) LIMITATIONS.—The best practices developed
under subparagraph (A) shall not be construed as
accessibility guidelines or standards of the Access
Board, and shall not confer any rights or impose
any obligations on working group participants or
other persons. Nothing in this section shall be con-

Page 294

strued to limit or condition any right, obligation,
or remedy available under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or any
other Federal or State law requiring effective communication, barrier removal, or nondiscrimination
on the basis of disability.
‘‘(4) CONSIDERATIONS.—In developing and issuing the
best practices under paragraph (3)(A), the working
group shall consider—
‘‘(A) the use of—
‘‘(i) Braille;
‘‘(ii) auditory means, such as—
‘‘(I) ‘talking bottles’ that provide audible container label information;
‘‘(II) digital voice recorders attached to the
prescription drug container; and
‘‘(III) radio frequency identification tags;
‘‘(iii) enhanced visual means, such as—
‘‘(I) large font labels or large font ‘duplicate’
labels that are affixed or matched to a prescription drug container;
‘‘(II) high-contrast printing; and
‘‘(III) sans-serif font; and
‘‘(iv) other relevant alternatives as determined
by the working group;
‘‘(B) whether there are technical, financial, manpower, or other factors unique to pharmacies with
20 or fewer retail locations which may pose significant challenges to the adoption of the best practices; and
‘‘(C) such other factors as the working group determines to be appropriate.
‘‘(5) INFORMATION CAMPAIGN.—Upon completion of
development of the best practices under subsection
(a)(3), the National Council on Disability, in consultation with the working group, shall conduct an
informational and educational campaign designed to
inform individuals with disabilities, pharmacists, and
the public about such best practices.
‘‘(6) FACA WAIVER.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
working group.
‘‘(b) GAO STUDY.—
‘‘(1) IN GENERAL.—Beginning 18 months after the
completion of the development of best practices
under subsection (a)(3)(A), the Comptroller General of
the United States shall conduct a review of the extent to which pharmacies are utilizing such best
practices, and the extent to which barriers to accessible information on prescription drug container labels for blind and visually impaired individuals continue.
‘‘(2) REPORT.—Not later than September 30, 2016,
the Comptroller General of the United States shall
submit to Congress a report on the review conducted
under paragraph (1). Such report shall include recommendations about how best to reduce the barriers
experienced by blind and visually impaired individuals to independently accessing information on prescription drug container labels.
‘‘(c) DEFINITIONS.—In this section—
‘‘(1) the term ‘pharmacy’ includes a pharmacy that
receives prescriptions and dispenses prescription
drugs through an Internet Web site or by mail;
‘‘(2) the term ‘prescription drug’ means a drug subject to section 503(b)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 353(b)(1)); and
‘‘(3) the term ‘prescription drug container label’
means the label with the directions for use that is affixed to the prescription drug container by the pharmacist and dispensed to the consumer.’’

§ 793. Employment under Federal contracts
(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

Page 295

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

References in Text note below.

§ 793

TITLE 29—LABOR

1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.
(e) Avoidance of duplicative efforts and inconsistencies
The Secretary shall develop procedures to ensure that administrative complaints filed under
this section and under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] are
dealt with in a manner that avoids duplication
of effort and prevents imposition of inconsistent
or conflicting standards for the same requirements under this section and the Americans
with Disabilities Act of 1990.
(Pub. L. 93–112, title V, § 503, Sept. 26, 1973, 87
Stat. 393; Pub. L. 95–602, title I, § 122(d)(1), Nov.
6, 1978, 92 Stat. 2987; Pub. L. 99–506, title I,
§ 103(d)(2)(B), (C), title X, §§ 1001(f)(2), (3),
1002(e)(3), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844;
Pub. L. 100–630, title II, § 206(c), Nov. 7, 1988, 102
Stat. 3312; Pub. L. 102–569, title I, § 102(p)(31),
title V, § 505, Oct. 29, 1992, 106 Stat. 4360, 4427.)
Editorial Notes
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, which is classified principally to
chapter 126 (§ 12101 et seq.) of Title 42, The Public
Health and Welfare. Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter 126 of
Title 42. Section 510 of the Act was renumbered section
511 by Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat.
3558. For complete classification of this Act to the
Code, see Short Title note set out under section 12101
of Title 42 and Tables.
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–569, §§ 102(p)(31)(A),
505(a), substituted ‘‘$10,000’’ for ‘‘$2,500’’ in two places,
struck out ‘‘, in employing persons to carry out such
contract,’’ after ‘‘contain a provision requiring that’’,
and substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps as defined in section 706(8) of
this title’’.
Subsec. (b). Pub. L. 102–569, § 102(p)(31)(B), substituted
‘‘individual with a disability’’ for ‘‘individual with
handicaps’’ and ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’.
Subsec. (c). Pub. L. 102–569, § 505(b), designated existing provisions as par. (1) and added par. (2).
Subsecs. (d), (e). Pub. L. 102–569, § 505(c), added subsecs. (d) and (e).
1988—Subsec. (a). Pub. L. 100–630, § 206(c)(1), inserted a
comma after ‘‘to carry out such contract’’.
Subsec. (b). Pub. L. 100–630, § 206(c)(2), substituted
‘‘refused’’ for ‘‘refuses’’.
Subsec. (c). Pub. L. 100–630, § 206(c)(3), substituted
‘‘which the President’’ for ‘‘which The President’’ and
‘‘when the President’’ for ‘‘when The President’’.
1986—Subsec. (a). Pub. L. 99–506, §§ 103(d)(2)(C),
1002(e)(3), substituted ‘‘individuals with handicaps’’ for
‘‘handicapped individuals’’ and ‘‘section 706(8) of this
title’’ for ‘‘section 706(7) of this title’’.
Subsec. (b). Pub. L. 99–506, §§ 103(d)(2)(B), (C),
1001(f)(2), substituted ‘‘individual with handicaps’’ for
‘‘handicapped individual’’, ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’, and ‘‘a contract’’
for ‘‘his contract’’.
Subsec. (c). Pub. L. 99–506, § 1001(f)(3), substituted
‘‘The President’’ for ‘‘he’’ in two places and substituted
‘‘the reasons’’ for ‘‘his reasons’’.
1978—Subsec. (a). Pub. L. 95–602 substituted ‘‘section
706(7) of this title’’ for ‘‘section 706(6) of this title’’.

§ 794

TITLE 29—LABOR

§ 794. Nondiscrimination under Federal grants
and programs
(a) Promulgation of rules and regulations
No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason
of her or his disability, be excluded from the
participation in, be denied the benefits of, or be
subjected to discrimination under any program
or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the
United States Postal Service. The head of each
such agency shall promulgate such regulations
as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any
proposed regulation shall be submitted to appropriate authorizing committees of the Congress,
and such regulation may take effect no earlier
than the thirtieth day after the date on which
such regulation is so submitted to such committees.
(b) ‘‘Program or activity’’ defined
For the purposes of this section, the term
‘‘program or activity’’ means all of the operations of—
(1)(A) a department, agency, special purpose
district, or other instrumentality of a State or
of a local government; or
(B) the entity of such State or local government that distributes such assistance and each
such department or agency (and each other
State or local government entity) to which
the assistance is extended, in the case of assistance to a State or local government;
(2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or
(B) a local educational agency (as defined in
section 7801 of title 20), system of career and
technical education, or other school system;
(3)(A) an entire corporation, partnership, or
other private organization, or an entire sole
proprietorship—
(i) if assistance is extended to such corporation, partnership, private organization,
or sole proprietorship as a whole; or
(ii) which is principally engaged in the
business of providing education, health care,
housing, social services, or parks and recreation; or
(B) the entire plant or other comparable,
geographically separate facility to which Federal financial assistance is extended, in the
case of any other corporation, partnership,
private organization, or sole proprietorship; or
(4) any other entity which is established by
two or more of the entities described in paragraph (1), (2), or (3);
any part of which is extended Federal financial
assistance.
(c) Significant structural alterations by small
providers
Small providers are not required by subsection
(a) to make significant structural alterations to
their existing facilities for the purpose of assur-

Page 296

ing 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 510,1 of the Americans
with Disabilities Act of 1990 (42 U.S.C.
12201–12204 and 12210), as such sections relate to
employment.
(Pub. L. 93–112, title V, § 504, Sept. 26, 1973, 87
Stat. 394; Pub. L. 95–602, title I, §§ 119, 122(d)(2),
Nov. 6, 1978, 92 Stat. 2982, 2987; Pub. L. 99–506,
title I, § 103(d)(2)(B), title X, § 1002(e)(4), Oct. 21,
1986, 100 Stat. 1810, 1844; Pub. L. 100–259, § 4, Mar.
22, 1988, 102 Stat. 29; Pub. L. 100–630, title II,
§ 206(d), Nov. 7, 1988, 102 Stat. 3312; Pub. L.
102–569, title I, § 102(p)(32), title V, § 506, Oct. 29,
1992, 106 Stat. 4360, 4428; Pub. L. 103–382, title III,
§ 394(i)(2), Oct. 20, 1994, 108 Stat. 4029; Pub. L.
105–220, title IV, § 408(a)(3), Aug. 7, 1998, 112 Stat.
1203; Pub. L. 107–110, title X, § 1076(u)(2), Jan. 8,
2002, 115 Stat. 2093; Pub. L. 113–128, title IV,
§ 456(c), July 22, 2014, 128 Stat. 1675; Pub. L.
114–95, title IX, § 9215(mmm)(3), Dec. 10, 2015, 129
Stat. 2188.)
Editorial Notes
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. Title I of the Act is classified generally to
subchapter I (§ 12111 et seq.) of chapter 126 of Title 42,
The Public Health and Welfare. Section 510 of the Act
was renumbered section 511 by Pub. L. 110–325, § 6(a)(2),
Sept. 25, 2008, 122 Stat. 3558. For complete classification
of this Act to the Code, see Short Title note set out
under section 12101 of Title 42 and Tables.
AMENDMENTS
2015—Subsec. (b)(2)(B). Pub. L. 114–95 made technical
amendment to reference in original act which appears
in text as reference to section 7801 of title 20.
2014—Subsec. (b)(2)(B). Pub. L. 113–128 substituted
‘‘career and technical education’’ for ‘‘vocational education’’.
2002—Subsec. (b)(2)(B). Pub. L. 107–110 substituted
‘‘section 7801 of title 20’’ for ‘‘section 8801 of title 20’’.
1998—Subsec. (a). Pub. L. 105–220 substituted ‘‘section
705(20)’’ for ‘‘section 706(8)’’.
1994—Subsec. (b)(2)(B). Pub. L. 103–382 substituted
‘‘section 8801 of title 20’’ for ‘‘section 2891(12) of title
20’’.
1992—Subsec. (a). Pub. L. 102–569, § 102(p)(32), substituted ‘‘a disability’’ for ‘‘handicaps’’ and ‘‘disability’’ for ‘‘handicap’’ in first sentence.
Subsec. (d). Pub. L. 102–569, § 506, added subsec. (d).
1988—Subsec. (a). Pub. L. 100–630, § 206(d)(1), substituted ‘‘her or his handicap’’ for ‘‘his handicap’’.
1 See

References in Text note below.

Page 297

§ 794b

TITLE 29—LABOR

Pub. L. 100–259, § 4(1), designated existing provisions
as subsec. (a).
Subsec. (b). Pub. L. 100–259, § 4(2), added subsec. (b).
Subsec. (b)(2)(B). Pub. L. 100–630, § 206(d)(2), substituted ‘‘section 2891(12) of title 20’’ for ‘‘section
2854(a)(10) of title 20’’.
Subsec. (c). Pub. L. 100–259, § 4(2), added subsec. (c).
1986—Pub. L. 99–506 substituted ‘‘individual with
handicaps’’ for ‘‘handicapped individual’’ and ‘‘section
706(8) of this title’’ for ‘‘section 706(7) of this title’’.
1978—Pub. L. 95–602 substituted ‘‘section 706(7) of this
title’’ for ‘‘section 706(6) of this title’’ and inserted provision prohibiting discrimination under any program or
activity conducted by any Executive agency or by the
United States Postal Service and requiring the heads of
these agencies to promulgate regulations prohibiting
discrimination.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of Title
20, Education.
EFFECTIVE DATE OF 2002 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.
Executive Documents
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.
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.

1964 (42 U.S.C. 2000e–16), including the application of sections 706(f) through 706(k) (42 U.S.C.
2000e–5(f) through (k)) (and the application of
section 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims
of discrimination in compensation), shall be
available, with respect to any complaint under
section 791 of this title, to any employee or applicant for employment aggrieved by the final
disposition of such complaint, or by the failure
to take final action on such complaint. In fashioning an equitable or affirmative action remedy under such section, a court may take into
account the reasonableness of the cost of any
necessary work place accommodation, and the
availability of alternatives therefor or other appropriate relief in order to achieve an equitable
and appropriate remedy.
(2) The remedies, procedures, and rights set
forth in title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.) (and in subsection (e)(3)
of section 706 of such Act (42 U.S.C. 2000e–5), applied to claims of discrimination in compensation) shall be available to any person aggrieved
by any act or failure to act by any recipient of
Federal assistance or Federal provider of such
assistance under section 794 of this title.
(b) In any action or proceeding to enforce or
charge a violation of a provision of this subchapter, the court, in its discretion, may allow
the prevailing party, other than the United
States, a reasonable attorney’s fee as part of the
costs.
(Pub. L. 93–112, title V, § 505, as added Pub. L.
95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2982;
amended Pub. L. 111–2, § 5(c)(1), Jan. 29, 2009, 123
Stat. 6.)
Editorial Notes
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. Title
VI of the Civil Rights Act of 1964 is classified generally
to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 2000a of Title 42 and Tables.
AMENDMENTS
2009—Subsec. (a)(1). Pub. L. 111–2, § 5(c)(1)(A), inserted
‘‘(and the application of section 706(e)(3) (42 U.S.C.
2000e–5(e)(3)) to claims of discrimination in compensation)’’ after ‘‘(42 U.S.C. 2000e–5(f) through (k))’’.
Subsec. (a)(2). Pub. L. 111–2, § 5(c)(1)(B), inserted ‘‘(42
U.S.C. 2000d et seq.) (and in subsection (e)(3) of section
706 of such Act (42 U.S.C. 2000e–5), applied to claims of
discrimination in compensation)’’ after ‘‘1964’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–2 effective as if enacted
May 28, 2007, and applicable to certain claims of discrimination in compensation pending on or after that
date, see section 6 of Pub. L. 111–2, set out as a note
under section 2000e–5 of Title 42, The Public Health and
Welfare.

§ 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

(a)(1) The remedies, procedures, and rights set
forth in section 717 of the Civil Rights Act of

(a) The Secretary may provide directly or by
contract with State vocational rehabilitation

§ 794c

TITLE 29—LABOR

agencies or experts or consultants or groups
thereof, technical assistance—
(1) to persons operating community rehabilitation programs; and
(2) with the concurrence of the Access Board
established by section 792 of this title, to any
public or nonprofit agency, institution, or organization;
for the purpose of assisting such persons or entities in removing architectural, transportation,
or communication barriers. Any concurrence of
the Access Board under paragraph (2) shall reflect its consideration of cost studies carried out
by States.
(b) Any such experts or consultants, while
serving pursuant to such contracts, shall be entitled to receive compensation at rates fixed by
the Secretary, but not exceeding the daily
equivalent of the rate of pay for level 4 of the
Senior Executive Service Schedule under section 5382 of title 5, including travel time, and
while so serving away from their homes or regular places of business, they may be allowed
travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title
5 for persons in the Government service employed intermittently.
(c) The Secretary, with the concurrence of the
Access Board and the President, may provide,
directly or by contract, financial assistance to
any public or nonprofit agency, institution, or
organization for the purpose of removing architectural, transportation, and communication
barriers. No assistance may be provided under
this subsection until a study demonstrating the
need for such assistance has been conducted and
submitted under section 792(i)(1) of this title.
(d) In order to carry out this section, there are
authorized to be appropriated such sums as may
be necessary.
(Pub. L. 93–112, title V, § 506, as added Pub. L.
95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2983;
amended Pub. L. 100–630, title II, § 206(e), Nov. 7,
1988, 102 Stat. 3312; Pub. L. 102–569, title V, § 507,
Oct. 29, 1992, 106 Stat. 4428; Pub. L. 105–220, title
IV, § 408(a)(4), Aug. 7, 1998, 112 Stat. 1203; Pub. L.
105–394, title II, § 203(b), Nov. 13, 1998, 112 Stat.
3653.)
Editorial Notes
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–220, § 408(a)(4)(A), in concluding provisions, inserted last sentence and struck
out former last sentence which read as follows: ‘‘Any
concurrence of the Access Board under this paragraph
shall reflect its consideration of the cost studies carried out by States under section 792(c)(1) of this title.’’
Subsec. (c). Pub. L. 105–394 substituted ‘‘792(i)(1)’’ for
‘‘792(h)(1)’’.
Pub. L. 105–220, § 408(a)(4)(B), substituted ‘‘provided
under this subsection’’ for ‘‘provided under this paragraph’’.
1992—Subsec. (a). Pub. L. 102–569, § 507(a), (b), substituted ‘‘community rehabilitation programs’’ for ‘‘rehabilitation facilities’’ in par. (1) and inserted ‘‘Access’’
before ‘‘Board’’ in par. (2) and concluding provisions.
Subsec. (b). Pub. L. 102–569, § 507(c), substituted ‘‘the
rate of pay for level 4 of the Senior Executive Service
Schedule under section 5382’’ for ‘‘the rate of basic pay
payable for grade GS–18 of the General Schedule, under
section 5332’’.

Page 298

Subsec. (c). Pub. L. 102–569, § 507(a), (d), inserted ‘‘Access’’ before ‘‘Board’’ and substituted ‘‘792(h)(1)’’ for
‘‘792(h)(2)’’.
1988—Subsec. (a). Pub. L. 100–630, § 206(e)(1), (2), redesignated former par. (1) as subsec. (a) and former subpars. (A) and (B) as pars. (1) and (2), respectively.
Subsec. (b). Pub. L. 100–630, § 206(e)(1), (3), redesignated former par. (2) as subsec. (b) and substituted
‘‘travel time’’ for ‘‘traveltime’’.
Subsec. (c). Pub. L. 100–630, § 206(e)(1), (4), redesignated former par. (3) as subsec. (c) and inserted a
comma after ‘‘the President’’.
Subsec. (d). Pub. L. 100–630, § 206(e)(1), redesignated
former par. (4) as subsec. (d).

§ 794c. Interagency
Council

Disability

Coordinating

(a) Establishment
There is hereby established an Interagency
Disability Coordinating Council (hereafter in
this section referred to as the ‘‘Council’’) composed of the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of Housing and
Urban Development, the Secretary of Transportation, the Assistant Secretary of the Interior
for Indian Affairs, the Attorney General, the Director of the Office of Personnel Management,
the Chairperson of the Equal Employment Opportunity Commission, the Chairperson of the
Architectural and Transportation Barriers Compliance Board, the Chairperson of the National
Council on Disability, and such other officials as
may be designated by the President.
(b) Duties
The Council shall—
(1) have the responsibility for developing and
implementing agreements, policies, and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition,
duplication, and inconsistencies among the operations, functions, and jurisdictions of the
various departments, agencies, and branches
of the Federal Government responsible for the
implementation and enforcement of the provisions of this subchapter, and the regulations
prescribed thereunder;
(2) be responsible for developing and implementing agreements, policies, and practices
designed to coordinate operations, functions,
and jurisdictions of the various departments
and agencies of the Federal Government responsible for promoting the full integration
into society, independence, and productivity
of individuals with disabilities; and
(3) carry out such studies and other activities, subject to the availability of resources,
with advice from the National Council on Disability, in order to identify methods for overcoming barriers to integration into society,
independence, and productivity of individuals
with disabilities.
(c) Report
On or before July 1 of each year, the Interagency Disability Coordinating Council shall
prepare and submit to the President and to the
Congress a report of the activities of the Council
designed to promote and meet the employment
needs of individuals with disabilities, together
with such recommendations for legislative and
administrative changes as the Council concludes

Page 299

TITLE 29—LABOR

are desirable to further promote this section,
along with any comments submitted by the National Council on Disability as to the effectiveness of such activities and recommendations in
meeting the needs of individuals with disabilities. Nothing in this section shall impair any
responsibilities assigned by any Executive order
to any Federal department, agency, or instrumentality to act as a lead Federal agency with
respect to any provisions of this subchapter.
(Pub. L. 93–112, title V, § 507, as added Pub. L.
95–602, title I, § 120(a), Nov. 6, 1978, 92 Stat. 2983;
amended Pub. L. 96–88, title V, § 508(m)(2), Oct.
17, 1979, 93 Stat. 694; Pub. L. 98–221, title I,
§ 104(b)(4), Feb. 22, 1984, 98 Stat. 18; Pub. L.
99–506, title VI, § 602, title X, § 1001(f)(4), Oct. 21,
1986, 100 Stat. 1830, 1843; Pub. L. 102–569, title V,
§ 508(a), Oct. 29, 1992, 106 Stat. 4429; Pub. L.
113–128, title IV, § 456(d), July 22, 2014, 128 Stat.
1676.)
Editorial Notes
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128 inserted ‘‘the Chairperson of the National Council on Disability,’’ before
‘‘and such other’’.
1992—Pub. L. 102–569 amended section generally,
changing Council name from Interagency Coordinating
Council to Interagency Disability Coordinating Council, including as members Secretary of Housing and
Urban Development, Secretary of Transportation, and
such other officials as designated by the President, requiring Council to be responsible for developing and
implementing policies and practices to eliminate inconsistencies among Federal departments and agencies
responsible for enforcement of provisions of this subchapter and to carry out such studies and other activities, with advice from the National Council on Disability, to identify methods for overcoming barriers to
integration into society, independence, and productivity of individuals with disabilities, and directing in
annual report inclusion of any comments submitted by
National Council on Disability as to effectiveness of activities and recommendations in meeting needs of individuals with disabilities.
1986—Pub. L. 99–506, § 602, inserted reference to Assistant Secretary of the Interior for Indian Affairs.
Pub. L. 99–506, § 1001(f)(4), which directed the substitution of ‘‘Chairperson’’ for ‘‘Chairman’’ was executed
by substituting ‘‘Chairperson of the Architectural and
Transportation Barriers Compliance Board’’ for ‘‘Chairman of the Architectural and Transportation Barriers
Compliance Board’’ to reflect the probable intent of
Congress.
1984—Pub. L. 98–221 substituted ‘‘Chairman of the Office of Personnel Management’’ for ‘‘Chairman of the
United States Civil Service Commission’’ and purported to substitute ‘‘Secretary of Education, the Secretary of Health and Human Services,’’ for ‘‘Secretary
of Health, Education, and Welfare’’ which amendment
could not be executed in view of the previous amendment by Pub. L. 96–88. See 1979 Amendment note below.
1979—Pub. L. 96–88 substituted requirement that the
Secretaries of Education and Health and Human Services be members of the Council for requirement that
the Secretary of Health, Education, and Welfare be a
member.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1979 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.

§ 794d

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.

§ 794d. Electronic and information technology
(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 con-

§ 794d

TITLE 29—LABOR

sultation 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

Page 300

that where the electronic and information
technology is provided to the public.
(B) Software and peripheral devices
Except as required to comply with standards issued by the Access Board under paragraph (2), nothing in paragraph (1) requires
the installation of specific accessibility-related software or the attachment of a specific accessibility-related peripheral device
at a workstation of a Federal employee who
is not an individual with a disability.
(b) Technical assistance
The Administrator of General Services and the
Access Board shall provide technical assistance
to individuals and Federal departments and
agencies concerning the requirements of this
section.
(c) Agency evaluations
Not later than 6 months after August 7, 1998,
the head of each Federal department or agency
shall evaluate the extent to which the electronic
and information technology of the department
or agency is accessible to and usable by individuals with disabilities described in subsection
(a)(1), compared to the access to and use of the
technology by individuals described in such subsection who are not individuals with disabilities,
and submit a report containing the evaluation
to the Attorney General.
(d) Reports
(1) Interim report
Not later than 18 months after August 7,
1998, the Attorney General shall prepare and
submit to the President a report containing
information on and recommendations regarding the extent to which the electronic and information technology of the Federal Government is accessible to and usable by individuals
with disabilities described in subsection (a)(1).
(2) Biennial reports
Not later than 3 years after August 7, 1998,
and every 2 years thereafter, the Attorney
General shall prepare and submit to the President and Congress a report containing information on and recommendations regarding the
state of Federal department and agency compliance with the requirements of this section,
including actions regarding individual complaints under subsection (f).
(e) Cooperation
Each head of a Federal department or agency
(including the Access Board, the Equal Employment Opportunity Commission, and the General
Services Administration) shall provide to the
Attorney General such information as the Attorney General determines is necessary to conduct the evaluations under subsection (c) and
prepare the reports under subsection (d).
(f) Enforcement
(1) General
(A) Complaints
Effective 6 months after the date of publication by the Access Board of final standards described in subsection (a)(2), any individual with a disability may file a complaint

Page 301

TITLE 29—LABOR

alleging that a Federal department or agency fails to comply with subsection (a)(1) in
providing electronic and information technology.
(B) Application
This subsection shall apply only to electronic and information technology that is
procured by a Federal department or agency
not less than 6 months after the date of publication by the Access Board of final standards described in subsection (a)(2).
(2) Administrative complaints
Complaints filed under paragraph (1) shall be
filed with the Federal department or agency
alleged to be in noncompliance. The Federal
department or agency receiving the complaint
shall apply the complaint procedures established to implement section 794 of this title for
resolving allegations of discrimination in a
federally conducted program or activity.
(3) Civil actions
The remedies, procedures, and rights set
forth in sections 794a(a)(2) and 794a(b) of this
title shall be the remedies, procedures, and
rights available to any individual with a disability filing a complaint under paragraph (1).
(g) Application to other Federal laws
This section shall not be construed to limit
any right, remedy, or procedure otherwise available under any provision of Federal law (including sections 791 through 794a of this title) that
provides greater or equal protection for the
rights of individuals with disabilities than this
section.
(Pub. L. 93–112, title V, § 508, as added Pub. L.
99–506, title VI, § 603(a), Oct. 21, 1986, 100 Stat.
1830; amended Pub. L. 100–630, title II, § 206(f),
Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102–569, title
V, § 509(a), Oct. 29, 1992, 106 Stat. 4430; Pub. L.
105–220, title IV, § 408(b), Aug. 7, 1998, 112 Stat.
1203; Pub. L. 106–246, div. B, title II, § 2405, July
13, 2000, 114 Stat. 555.)
Editorial Notes
CODIFICATION
‘‘Section 11101(6) of title 40’’ substituted in subsec.
(a)(2)(A)(i) for ‘‘section 5002(3) of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1401(3))’’ and ‘‘section 11103(a) of title
40’’ substituted in subsec. (a)(5) for ‘‘section 5142 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1452)’’ on authority
of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings, Property, and Works.
AMENDMENTS
2000—Subsec. (f)(1)(A). Pub. L. 106–246, § 2405(1), substituted ‘‘Effective 6 months after the date of publication by the Access Board of final standards described in
subsection (a)(2),’’ for ‘‘Effective 2 years after August 7,
1998,’’.
Subsec. (f)(1)(B). Pub. L. 106–246, § 2405(2), substituted
‘‘6 months after the date of publication by the Access
Board of final standards described in subsection (a)(2).’’
for ‘‘2 years after August 7, 1998.’’
1998—Pub. L. 105–220 amended section catchline and
text generally. Prior to amendment, text consisted of
subsecs. (a) and (b) relating to electronic and information technology accessibility guidelines.
1992—Pub. L. 102–569 amended section generally, substituting present provisions for provisions relating to

§ 794e

electronic equipment accessibility guidelines, in consultation with electronic industry, designed to insure
individuals with handicaps use of electronic office
equipment with or without special peripherals, requiring the Administrator of General Services to adopt
guidelines for electronic equipment accessibility established under this section for Federal procurement of
electronic equipment, and defining term ‘‘special
peripherals’’.
1988—Subsec. (a)(1). Pub. L. 100–630, § 206(f)(1), inserted
‘‘the Director of’’ before ‘‘the National Institute’’,
struck out ‘‘the’’ before ‘‘General Services’’, and substituted ‘‘individuals with handicaps’’ for ‘‘handicapped
individuals’’.
Subsec. (a)(3). Pub. L. 100–630, § 206(f)(2), inserted ‘‘by
the Director of the National Institute on Disability and
Rehabilitation Research and the Administrator of General Services in consultation with the electronics industry and the Interagency Committee for Computer
Support of Handicapped Employees’’ after ‘‘revised’’.
Subsec. (c). Pub. L. 100–630, § 206(f)(3), substituted ‘‘an
individual with handicaps’’ for ‘‘a handicapped individual’’.

§ 794e. Protection and advocacy of individual
rights
(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).
1 See

References in Text note below.

§ 794e

TITLE 29—LABOR

(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 a grant, contract, or cooperative agreement for 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).
(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 allot-

Page 302

ted 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)) under subsection (c)(3)(B), or to provide
minimum allotments to systems within States
(as increased under subsection (c)(5)) under subsection (c)(4)(B), the Commissioner shall proportionately reduce the allotments of the remaining systems within States under subsection
(c)(3), 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)) under subsection (c)(3)(B), or the
minimum allotment for a State (as increased
under subsection (c)(5)) under subsection
(c)(4)(B), 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) 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 the authority to access records and
program income, as are set forth in subtitle C
of title I of the Developmental Disabilities As-

Page 303

§ 794e

TITLE 29—LABOR

sistance 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);
(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 1 (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 estab-

lished 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)
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 $17,650,000 for fiscal year
2015, $19,013,000 for fiscal year 2016, $19,408,000 for
fiscal year 2017, $19,838,000 for fiscal year 2018,
$20,305,000 for fiscal year 2019, and $20,735,000 for
fiscal year 2020.
(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).
(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).
(Pub. L. 93–112, title V, § 509, as added Pub. L.
102–569, title V, § 510(a), Oct. 29, 1992, 106 Stat.
4430; amended Pub. L. 103–73, title I, § 112(c), Aug.
11, 1993, 107 Stat. 727; Pub. L. 105–12, § 9(n), Apr.
30, 1997, 111 Stat. 28; Pub. L. 105–220, title IV,
§ 408(c), Aug. 7, 1998, 112 Stat. 1206; Pub. L.
105–394, title IV, § 402(c), Nov. 13, 1998, 112 Stat.
3662; Pub. L. 106–402, title IV, § 401(b)(3)(C), (D),
Oct. 30, 2000, 114 Stat. 1738; Pub. L. 113–128, title
IV, § 457, July 22, 2014, 128 Stat. 1676.)
Editorial Notes
REFERENCES IN TEXT
The Developmental Disabilities Assistance and Bill of
Rights Act of 2000, referred to in subsecs. (a)(1)(B)(i),

§ 794e

TITLE 29—LABOR

(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 (§ 15001 et seq.) of Title 42, The Public Health and
Welfare. Subtitle C of title I of the Act is classified
generally to part C (§ 15041 et seq.) of subchapter I of
chapter 144 of Title 42. 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, § 3206(a), Oct.
17, 2000, 114 Stat. 1193, and is classified generally to
chapter 114 (§ 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 (§ 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
(§ 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, § 401(a), Oct. 30, 2000, 114 Stat. 1737.
AMENDMENTS
2014—Subsec. (c)(1)(A). Pub. L. 113–128, § 457(1), inserted ‘‘a grant, contract, or cooperative agreement
for’’ before ‘‘training’’.
Subsec. (f)(2). Pub. L. 113–128, § 457(2), substituted
‘‘general authorities, including the authority to access
records’’ for ‘‘general authorities, including access to
records’’ and inserted ‘‘of title I’’ after ‘‘subtitle C’’.
Subsec. (l). Pub. L. 113–128, § 457(3), substituted
‘‘$17,650,000 for fiscal year 2015, $19,013,000 for fiscal year
2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal
year 2018, $20,305,000 for fiscal year 2019, and $20,735,000
for fiscal year 2020.’’ for ‘‘such sums as may be necessary for each of the fiscal years 1999 through 2003.’’
2000—Subsecs. (a)(1)(B)(i), (f)(2). Pub. L. 106–402,
§ 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, § 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, § 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, § 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, § 112(c)(2), added subsec. (b)
and struck out heading and text of former subsec. (b).
Text read as follows:

Page 304

‘‘(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).
‘‘(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, § 112(c)(3)(A)(i), substituted ‘‘paragraph (3)(B)’’ for ‘‘this subsection’’.
Subsec. (c)(4)(B). Pub. L. 103–73, § 112(c)(3)(A)(ii), substituted ‘‘allotted under paragraph (3)(A)’’ for ‘‘allotted’’.
Subsec. (c)(5). Pub. L. 103–73, § 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, § 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) as increased under subsection
(c)(5), or to provide allotments in accordance with subsection (c)(4)(B) as increased in accordance with subsection (c)(5), shall be derived by proportionately reducing the allotments of the remaining systems within
States under subsection (c)(3), 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).’’
Subsec. (i). Pub. L. 103–73, § 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, § 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) for the cost of administration of the system required by this section.’’
Subsec. (n). Pub. L. 103–73, § 112(c)(5), redesignated
subsec. (i) as (n).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education

Page 305

TITLE 29—LABOR

and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
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.
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.

§ 794f. Establishment of standards for accessible
medical diagnostic equipment
(a) Standards
Not later than 24 months after March 23, 2010,1
the Architectural and Transportation Barriers
Compliance Board shall, in consultation with
the Commissioner of the Food and Drug Administration, promulgate regulatory standards in
accordance with the Administrative Procedure
Act (2 U.S.C. 551 et seq.) 1 setting forth the minimum technical criteria for medical diagnostic
equipment used in (or in conjunction with) physician’s offices, clinics, emergency rooms, hospitals, and other medical settings. The standards shall ensure that such equipment is accessible to, and usable by, individuals with accessibility needs, and shall allow independent entry
to, use of, and exit from the equipment by such
individuals to the maximum extent possible.
(b) Medical diagnostic equipment covered
The standards issued under subsection (a) for
medical diagnostic equipment shall apply to
equipment that includes examination tables, examination chairs (including chairs used for eye
examinations or procedures, and dental examinations or procedures), weight scales, mammography equipment, x-ray machines, and other radiological equipment commonly used for diagnostic purposes by health professionals.
(c) Review and amendment
The Architectural and Transportation Barriers Compliance Board, in consultation with
the Commissioner of the Food and Drug Administration, shall periodically review and, as appropriate, amend the standards in accordance
with the Administrative Procedure Act (2 U.S.C.
551 et seq.).1
(Pub. L. 93–112, title V, § 510, as added Pub. L.
111–148, title IV, § 4203, Mar. 23, 2010, 124 Stat.
570.)
Editorial Notes
REFERENCES IN TEXT
March 23, 2010, referred to in subsec. (a), was in the
original ‘‘the date of enactment of the Affordable
Health Choices Act’’, which was translated as meaning
the date of enactment of the Patient Protection and
Affordable Care Act, Pub. L. 111–148, which enacted this
section, to reflect the probable intent of Congress.
1 See

References in Text note below.

§ 794g

The Administrative Procedure Act, referred to in subsecs. (a) and (c), is act June 11, 1946, ch. 324, 60 Stat. 237,
which was repealed and reenacted as subchapter II of
chapter 5, and chapter 7, of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966,
80 Stat. 378.

§ 794g. Limitations on use of subminimum wage
(a) In general
No entity, including a contractor or subcontractor of the entity, which holds a special wage
certificate as described in section 14(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)) may compensate an individual with a disability who is age 24 or younger at a wage (referred to in this section as a ‘‘subminimum
wage’’) that is less than the Federal minimum
wage unless 1 of the following conditions is met:
(1) The individual is currently employed, as
of the effective date of this section, by an entity that holds a valid certificate pursuant to
section 14(c) of the Fair Labor Standards Act
of 1938.
(2) The individual, before beginning work
that is compensated at a subminimum wage,
has completed, and produces documentation
indicating completion of, each of the following
actions:
(A) The individual has received pre-employment transition services that are available to the individual under section 733 of
this title, or transition services under the
Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) such as transition
services available to the individual under
section 614(d) of that Act (20 U.S.C. 1414(d)).
(B) The individual has applied for vocational rehabilitation services under subchapter I, with the result that—
(i)(I) the individual has been found ineligible for such services pursuant to that
subchapter and has documentation consistent with section 722(a)(5)(C) of this
title regarding the determination of ineligibility; or
(II)(aa) the individual has been determined to be eligible for vocational rehabilitation services;
(bb) the individual has an individualized
plan for employment under section 722 of
this title;
(cc) the individual has been working toward an employment outcome specified in
such individualized plan for employment,
with appropriate supports and services, including supported employment services,
for a reasonable period of time without
success; and
(dd) the individual’s vocational rehabilitation case is closed; and
(ii)(I) the individual has been provided
career counseling, and information and referrals to Federal and State programs and
other resources in the individual’s geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment; and
(II) such counseling and information and
referrals are not for employment com-

§ 794g

TITLE 29—LABOR

pensated at a subminimum wage provided
by an entity described in this subsection,
and such employment-related services are
not compensated at a subminimum wage
and do not directly result in employment
compensated at a subminimum wage provided by an entity described in this subsection.
(b) Construction
(1) Rule
Nothing in this section shall be construed
to—
(A) change the purpose of this chapter described in section 701(b)(2) of this title, to
empower individuals with disabilities to
maximize opportunities for competitive integrated employment; or
(B) preference employment compensated
at a subminimum wage as an acceptable vocational rehabilitation strategy or successful employment outcome, as defined in section 705(11) of this title.
(2) Contracts
A local educational agency (as defined in
section 7801 of title 20) or a State educational
agency (as defined in such section) may not
enter into a contract or other arrangement
with an entity described in subsection (a) for
the purpose of operating a program for an individual who is age 24 or younger under which
work is compensated at a subminimum wage.
(3) Voidability
The provisions in this section shall be construed in a manner consistent with the provisions of the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.), as amended before or
after the effective date of this Act.
(c) During employment
(1) In general
The entity described in subsection (a) may
not continue to employ an individual, regardless of age, at a subminimum wage unless,
after the individual begins work at that wage,
at the intervals described in paragraph (2), the
individual (with, in an appropriate case, the
individual’s parent or guardian)—
(A) is provided by the designated State
unit career counseling, and information and
referrals described in subsection (a)(2)(B)(ii),
delivered in a manner that facilitates independent
decisionmaking
and
informed
choice, as the individual makes decisions regarding employment and career advancement; and
(B) is informed by the employer of self-advocacy, self-determination, and peer mentoring training opportunities available in
the individual’s geographic area, provided by
an entity that does not have any financial
interest in the individual’s employment outcome, under applicable Federal and State
programs or other sources.
(2) Timing
The actions required under subparagraphs
(A) and (B) of paragraph (1) shall be carried
out once every 6 months for the first year of
the individual’s employment at a subminimum

Page 306

wage, and annually thereafter for the duration
of such employment.
(3) Small business exception
In the event that the entity described in subsection (a) is a business with fewer than 15 employees, such entity can satisfy the requirements of subparagraphs (A) and (B) of paragraph (1) by referring the individual, at the intervals described in paragraph (2), to the designated State unit for the counseling, information, and referrals described in paragraph
(1)(A) and the information described in paragraph (1)(B).
(d) Documentation
(1) In general
The designated State unit, in consultation
with the State educational agency, shall develop a new process or utilize an existing process, consistent with guidelines developed by
the Secretary, to document the completion of
the actions described in subparagraphs (A) and
(B) of subsection (a)(2) by a youth with a disability who is an individual with a disability.
(2) Documentation process
Such process shall require that—
(A) in the case of a student with a disability, for documentation of actions described in subsection (a)(2)(A)—
(i) if such a student with a disability receives and completes each category of required activities in section 733(b) of this
title, such completion of services shall be
documented by the designated State unit
in a manner consistent with this section;
(ii) if such a student with a disability receives and completes any transition services available for students with disabilities
under the Individuals with Disabilities
Education Act [20 U.S.C. 1400 et seq.], including those provided under section
614(d)(1)(A)(i)(VIII)
(20
U.S.C.
1414(d)(1)(A)(i)(VIII)), such completion of
services shall be documented by the appropriate school official responsible for the
provision of such transition services, in a
manner consistent with this section; and
(iii) the designated State unit shall provide the final documentation, in a form
and manner consistent with this section,
of the completion of pre-employment transition services as described in clause (i), or
transition services under the Individuals
with Disabilities Education Act as described in clause (ii), to the student with a
disability within a reasonable period of
time following the completion; and
(B) when an individual has completed the
actions described in subsection (a)(2)(B), the
designated State unit shall provide the individual a document indicating such completion, in a manner consistent with this section, within a reasonable time period following the completion of the actions described in this subparagraph.
(e) Verification
(1) Before employment
Before an individual covered by subsection
(a)(2) begins work for an entity described in

Page 307

§§ 795, 795a

TITLE 29—LABOR

subsection (a) at a subminimum wage, the entity shall review such documentation received
by the individual under subsection (d), and
provided by the individual to the entity, that
indicates that the individual has completed
the actions described in subparagraphs (A) and
(B) of subsection (a)(2) and the entity shall
maintain copies of such documentation.
(2) During employment
(A) In general
In order to continue to employ an individual at a subminimum wage, the entity described in subsection (a) shall verify completion of the requirements of subsection (c),
including reviewing any relevant documents
provided by the individual, and shall maintain copies of the documentation described
in subsection (d).
(B) Review of documentation
The entity described in subsection (a) shall
be subject to review of individual documentation described in subsection (d) by a
representative working directly for the designated State unit or the Department of
Labor at such a time and in such a manner
as may be necessary to fulfill the intent of
this section, consistent with regulations established by the designated State unit or the
Secretary of Labor.
(f) Federal minimum wage
In this section, the term ‘‘Federal minimum
wage’’ means the rate applicable under section
6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)).
(Pub. L. 93–112, title V, § 511, as added Pub. L.
113–128, title IV, § 458(a), July 22, 2014, 128 Stat.
1676; amended Pub. L. 114–95, title IX,
§ 9215(mmm)(4)(A), Dec. 10, 2015, 129 Stat. 2188.)
Editorial Notes
REFERENCES IN TEXT
The effective date of this section, referred to in subsec. (a)(1), means 2 years after July 22, 2014. See Effective Date note below.
The Individuals with Disabilities Education Act, referred to in subsecs. (a)(2)(A) and (d)(2)(A)(ii), (iii), is
title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175,
which is classified generally to chapter 33 (§ 1400 et seq.)
of Title 20, Education. For complete classification of
this Act to the Code, see section 1400 of Title 20 and Tables.
The Fair Labor Standards Act of 1938, referred to in
subsec. (b)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060,
which is classified generally to chapter 8 (§ 201 et seq.)
of this title. For complete classification of this Act to
the Code, see section 201 of this title and Tables.
The effective date of this Act, referred to in subsec.
(b)(3), may mean the effective date of Pub. L. 93–112
(Sept. 26, 1973), the effective date of Pub. L. 113–128,
which added this section (see Effective Date note set
out under section 3101 of this title), or the effective
date of this section (see Effective Date note below).
AMENDMENTS
2015—Subsec. (b)(2). Pub. L. 114–95 made technical
amendment to reference in original act which appears
in text as reference to section 7801 of title 20.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Pub. L. 114–95, title IX, § 9215(mmm)(4)(B), Dec. 10,
2015, 129 Stat. 2188, provided that: ‘‘The amendment

made by subparagraph (A) [amending this section] shall
take effect on the same date as section 458(a) of the
Workforce Innovation and Opportunity Act (Public
Law 113–128; 128 Stat. 1676) [enacting this section] takes
effect, and as if enacted as part of such section.’’
EFFECTIVE DATE
Pub. L. 113–128, title IV, § 458(b), July 22, 2014, 128
Stat. 1679, provided that: ‘‘This section [enacting this
section] takes effect 2 years after the date of enactment of the Workforce Innovation and Opportunity Act
[July 22, 2014].’’

SUBCHAPTER VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
Editorial Notes
CODIFICATION
Pub. L. 113–128, title IV, § 461(1), (2), July 22, 2014, 128
Stat. 1679, amended this subchapter by striking out
part A, consisting of sections 795 and 795a, and striking
out the heading of part B preceding section 795g.
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, § 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, § 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.

§§ 795, 795a. Repealed. Pub. L. 113–128, title IV,
§ 461(1), July 22, 2014, 128 Stat. 1679
Section 795, Pub. L. 93–112, title VI, § 611, as added
Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1210,
related to Projects With Industry. Provisions similar to
section 795 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, § 611, as
added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat.
2989; amended Pub. L. 99–506, title I, § 103(d)(2)(C), title
X, § 1002(f), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L.
102–569, title I, § 102(p)(36), title VI, § 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.
Section 795a, Pub. L. 93–112, title VI, § 612, as added
Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214,
related to authorization of appropriations. Provisions
similar to section 795a 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, § 612, as added
Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2991;
amended Pub. L. 98–221, title I, § 165, Feb. 22, 1984, 98
Stat. 30; Pub. L. 100–630, title II, § 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, § 613, as added
Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2991;
amended Pub. L. 102–569, title VI, § 602, Oct. 29, 1992, 106
Stat. 4434, related to employment.
Section 795c, Pub. L. 93–112, title VI, § 614, as added
Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2992;
amended Pub. L. 98–221, title I, § 104(b)(5), Feb. 22, 1984,
98 Stat. 18, related to interagency cooperation.

§ 795g

TITLE 29—LABOR

Section 795d, Pub. L. 93–112, title VI, § 615, as added
Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2992;
amended Pub. L. 99–506, title I, § 103(d)(2)(C), title VII,
§ 701, Oct. 21, 1986, 100 Stat. 1810, 1831; Pub. L. 102–569,
title I, § 102(p)(37), Oct. 29, 1992, 106 Stat. 4360, related to
award of grants or contracts.
Section 795e, Pub. L. 93–112, title VI, § 616, as added
Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2993;
amended Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21,
1986, 100 Stat. 1810; Pub. L. 102–569, title I, § 102(p)(38),
title VI, § 603, Oct. 29, 1992, 106 Stat. 4361, 4434, defined
terms ‘‘community service’’ and ‘‘pilot program’’.
Section 795f, Pub. L. 93–112, title VI, § 617, as added
Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2993;
amended Pub. L. 98–221, title I, § 161, Feb. 22, 1984, 98
Stat. 29; Pub. L. 99–506, title VII, § 702, Oct. 21, 1986, 100
Stat. 1831; Pub. L. 102–52, § 7(a), June 6, 1991, 105 Stat.
262; Pub. L. 102–569, title VI, § 604, Oct. 29, 1992, 106 Stat.
4434, authorized appropriations.
Statutory Notes and Related Subsidiaries
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.

§ 795g. Purpose
It is the purpose of this subchapter to authorize allotments, in addition to grants for vocational rehabilitation services under subchapter
I, to assist States in developing collaborative
programs with appropriate entities to provide
supported employment services for individuals
with the most significant disabilities, including
youth with the most significant disabilities, to
enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment.
(Pub. L. 93–112, title VI, § 602, formerly § 621, as
added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998,
112 Stat. 1214; amended Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(b)(12)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–414; renumbered § 602 and
amended Pub. L. 113–128, title IV, § 461(3), (4),
July 22, 2014, 128 Stat. 1679.)
Editorial Notes
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, § 621, as
added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat.
2993; amended Pub. L. 98–221, title I, §§ 162, 163, Feb. 22,
1984, 98 Stat. 29, 30; Pub. L. 99–506, title I, § 103(d)(2)(B),
(C), title VII, § 703(a)(1)–(3), (b)–(d), Oct. 21, 1986, 100
Stat. 1810, 1831, 1832; Pub. L. 100–630, title II, § 207(b),
Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102–569, title VI, § 611,
Oct. 29, 1992, 106 Stat. 4434, related to Projects With Industry, prior to the general amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Pub. L. 113–128, § 461(4), substituted ‘‘this subchapter’’ for ‘‘this part’’ and ‘‘individuals with the
most significant disabilities, including youth with the
most significant disabilities, to enable such individuals
to achieve an employment outcome of supported employment in competitive integrated employment.’’ for
‘‘individuals with the most significant disabilities to
enable such individuals to achieve the employment
outcome of supported employment.’’

Page 308

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

§ 795h. Allotments
(a) In general
(1) States
The Secretary shall allot the sums appropriated for each fiscal year to carry out this
subchapter among the States on the basis of
relative population of each State, except
that—
(A) no State shall receive less than
$250,000, or 1⁄3 of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater; and
(B) if the sums appropriated to carry out
this subchapter for the fiscal year exceed by
$1,000,000 or more the sums appropriated to
carry out part B of this subchapter (as in effect on September 30, 1992) in fiscal year
1992, no State shall receive less than $300,000,
or 1⁄3 of 1 percent of the sums appropriated
for the fiscal year for which the allotment is
made, whichever amount is greater.
(2) Certain territories
(A) In general
For the purposes of this subsection, Guam,
American Samoa, the United States Virgin
Islands, and the Commonwealth of the
Northern Mariana Islands shall not be considered to be States.
(B) Allotment
Each jurisdiction described in subparagraph (A) shall be allotted not less than 1⁄8 of
1 percent of the amounts appropriated for
the fiscal year for which the allotment is
made.
(b) Reallotment
Whenever the Commissioner determines that
any amount of an allotment to a State under
subsection (a) for any fiscal year will not be expended by such State for carrying out the provisions of this subchapter, the Commissioner shall
make such amount available for carrying out
the provisions of this subchapter to 1 or more of
the States that the Commissioner determines
will be able to use additional amounts during
such year for carrying out such provisions. Any
amount made available to a State for any fiscal
year pursuant to the preceding sentence shall,
for the purposes of this section, be regarded as
an increase in the allotment of the State (as determined under the preceding provisions of this
section) for such year.
(c) Limitations on administrative costs
A State that receives an allotment under this
subchapter shall not use more than 2.5 percent
of such allotment to pay for administrative
costs.
(d) Services for youth with the most significant
disabilities
A State that receives an allotment under this
subchapter shall reserve and expend half of such
allotment for the provision of supported employment services, including extended services, to
youth with the most significant disabilities in

Page 309

§ 795j

TITLE 29—LABOR

order to assist those youth in achieving an employment outcome in supported employment.
(Pub. L. 93–112, title VI, § 603, formerly § 622, as
added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998,
112 Stat. 1214; amended Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(b)(13)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–414; renumbered § 603 and
amended Pub. L. 113–128, title IV, § 461(3), (5),
July 22, 2014, 128 Stat. 1679.)

services under this subchapter to youth with
the most significant disabilities pursuant to
section 795h(d) of this title, may be used to
provide extended services to youth with the
most significant disabilities. Such extended
services shall be available for a period not to
exceed 4 years.
(Pub. L. 93–112, title VI, § 604, as added Pub. L.
113–128, title IV, § 461(6), July 22, 2014, 128 Stat.
1680.)

Editorial Notes
Editorial Notes

REFERENCES IN TEXT
Part B of this subchapter (as in effect on September
30, 1992), referred to in subsec. (a)(1)(B), consisted of
sections 795g to 795i and related to projects with industry and business opportunities for individuals with
handicaps.
PRIOR 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, § 622, as
added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat.
2994, and amended, which related to business opportunities for individuals with disabilities and promulgation
of regulations, was renumbered section 641 of Pub. L.
93–112, by Pub. L. 102–569, title VI, § 612(a)(2), (3), Oct. 29,
1992, 106 Stat. 4438, and transferred to section 795r of
this title, prior to the general amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–128, § 461(5)(A)(i)(I),
substituted ‘‘subchapter’’ for ‘‘part’’ in introductory
provisions.
Subsec. (a)(1)(A). Pub. L. 113–128, § 461(5)(A)(i)(II), inserted ‘‘amount’’ after ‘‘whichever’’.
Subsec. (a)(1)(B). Pub. L. 113–128, § 461(5)(A)(i)(III),
substituted ‘‘subchapter for the fiscal year’’ for ‘‘part
for the fiscal year’’ and ‘‘part B of this subchapter (as
in effect on September 30, 1992) in fiscal year 1992’’ for
‘‘this part in fiscal year 1992’’ and inserted ‘‘amount’’
after ‘‘whichever’’.
Subsec. (a)(2)(B). Pub. L. 113–128, § 461(5)(A)(ii), substituted ‘‘1⁄8 of 1 percent’’ for ‘‘one-eighth of one percent’’.
Subsec. (b). Pub. L. 113–128, § 461(5)(B), inserted
‘‘under subsection (a)’’ after ‘‘allotment to a State’’,
substituted ‘‘subchapter’’ for ‘‘part’’ in two places, and
substituted ‘‘1 or more’’ for ‘‘one or more’’.
Subsecs. (c), (d). Pub. L. 113–128, § 461(5)(C), added subsecs. (c) and (d).
1998—Pub. L. 105–277 made technical amendment in
original to section designation and catchline.

§ 795i. Availability of services
(a) Supported employment services
Funds provided under this subchapter may be
used to provide supported employment services
to individuals who are eligible under this subchapter.
(b) Extended services
(1) In general
Except as provided in paragraph (2), funds
provided under this subchapter, or subchapter
I, may not be used to provide extended services to individuals under this subchapter or
subchapter I.
(2) Extended services for youth with the most
significant disabilities
Funds allotted under this subchapter, or
subchapter I, and used for the provision of

PRIOR PROVISIONS
A prior section 795i, Pub. L. 93–112, title VI, § 604, formerly § 623, as added Pub. L. 105–220, title IV, § 409, Aug.
7, 1998, 112 Stat. 1215; amended Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(b)(14)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–414; renumbered § 604, Pub. L. 113–128, title
IV, § 461(3), July 22, 2014, 128 Stat. 1679, related to availability of services, prior to repeal by Pub. L. 113–128,
title IV, § 461(6), July 22, 2014, 128 Stat. 1680. Provisions
similar to prior section 795i were contained in section
795l of this title prior to the general amendment of this
subchapter by Pub. L. 105–220.
Another prior section 795i, Pub. L. 93–112, title VI,
§ 622, formerly § 623, as added Pub. L. 95–602, title II,
§ 201, Nov. 6, 1978, 92 Stat. 2994; amended Pub. L. 98–221,
title I, § 164, Feb. 22, 1984, 98 Stat. 30; Pub. L. 99–506,
title VII, § 704, Oct. 21, 1986, 100 Stat. 1834; Pub. L.
100–630, title II, § 207(d), Nov. 7, 1988, 102 Stat. 3313; Pub.
L. 102–52, § 7(b), June 6, 1991, 105 Stat. 262; renumbered
§ 622 and amended Pub. L. 102–569, title VI, § 613(a), Oct.
29, 1992, 106 Stat. 4439, authorized appropriations, prior
to the general amendment of this subchapter by Pub.
L. 105–220.

§ 795j. Eligibility
An individual, including a youth with a disability, shall be eligible under this subchapter
to receive supported employment services authorized under this chapter if—
(1) the individual is eligible for vocational
rehabilitation services under subchapter I;
(2) the individual is determined to be an individual with a most significant disability;
(3) for purposes of activities carried out with
funds described in section 795h(d) of this title,
the individual is a youth with a disability, as
defined in section 705(42) of this title; 1 and
(4) a comprehensive assessment of the rehabilitation needs of the individual described in
section 705(2)(B) of this title, including an
evaluation of rehabilitation, career, and job
needs, identifies supported employment as the
appropriate employment outcome for the individual.
(Pub. L. 93–112, title VI, § 605, formerly § 624, as
added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998,
112 Stat. 1215; amended Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(b)(15)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–414; renumbered § 605 and
amended Pub. L. 113–128, title IV, § 461(3), (7),
July 22, 2014, 128 Stat. 1679, 1680.)
Editorial Notes
REFERENCES IN TEXT
Section 705(42) of this title, referred to in par. (3), was
in the original ‘‘section (7)(42)’’, and was translated as
1 See

References in Text note below.

§ 795k

TITLE 29—LABOR

meaning section 7(42) of the Rehabilitation Act of 1973,
which is classified to section 705(42) of this title, to reflect the probable intent of Congress.
PRIOR 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, § 631, as
added Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106
Stat. 4439, stated purpose of program for supported employment services for individuals with severe disabilities, prior to the general amendment of this subchapter by Pub. L. 105–220. See section 795g of this title.
Another prior section 795j, Pub. L. 93–112, title VI,
§ 631, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct.
21, 1986, 100 Stat. 1834, outlined the purpose of former
part C of this subchapter, prior to repeal by Pub. L.
102–569, § 621(a).
AMENDMENTS
2014—Pub. L. 113–128, § 461(7)(A), in introductory provisions, inserted ‘‘, including a youth with a disability,’’ after ‘‘An individual’’ and substituted ‘‘this
subchapter’’ for ‘‘this part’’.
Par. (1). Pub. L. 113–128, § 461(7)(B), inserted ‘‘under
subchapter I’’ after ‘‘rehabilitation services’’.
Pars. (3), (4). Pub. L. 113–128, § 461(7)(C)–(F), added par.
(3), redesignated former par. (3) as (4), and, in par. (4),
substituted ‘‘assessment of the rehabilitation needs’’
for ‘‘assessment of rehabilitation needs’’.
1998—Pub. L. 105–277 made technical amendment to
section designation and catchline in original.

§ 795k. State plan
(a) State plan supplements
To be eligible for an allotment under this subchapter, a State shall submit to the Commissioner, as part of the State plan under section
721 of this title, a State plan supplement for providing supported employment services authorized under this chapter to individuals, including
youth with the most significant disabilities,
who are eligible under this chapter to receive
the services. Each State shall make such annual
revisions in the plan supplement as may be necessary.
(b) Contents
Each such plan supplement shall—
(1) designate each designated State agency
as the agency to administer the program assisted under this subchapter;
(2) summarize the results of the comprehensive, statewide assessment conducted under
section 721(a)(15)(A)(i) of this title, with respect to the rehabilitation needs of individuals, including youth, with significant disabilities and the need for supported employment
services, including needs related to coordination;
(3) describe the quality, scope, and extent of
supported employment services authorized
under this chapter to be provided to individuals, including youth with the most significant disabilities, who are eligible under this
chapter to receive the services and specify the
goals and plans of the State with respect to
the distribution of funds received under section 795h of this title;
(4) demonstrate evidence of the efforts of the
designated State agency to identify and make
arrangements (including entering into cooperative agreements) with other State agencies

Page 310

and other appropriate entities to assist in the
provision of supported employment services;
(5) demonstrate evidence of the efforts of the
designated State agency to identify and make
arrangements (including entering into cooperative agreements) with other public or nonprofit agencies or organizations within the
State, employers, natural supports, and other
entities with respect to the provision of extended services;
(6) describe the activities to be conducted
pursuant to section 795h(d) of this title for
youth with the most significant disabilities,
including—
(A) the provision of extended services for a
period not to exceed 4 years; and
(B) how the State will use the funds reserved in section 795h(d) of this title to leverage other public and private funds to increase resources for extended services and
expand supported employment opportunities
for youth with the most significant disabilities;
(7) provide assurances that—
(A) funds made available under this subchapter will only be used to provide supported employment services authorized
under this chapter to individuals who are eligible under this subchapter to receive the
services;
(B) the comprehensive assessments of individuals with significant disabilities, including youth with the most significant disabilities, conducted under section 722(b)(1) of
this title and funded under subchapter I will
include consideration of supported employment as an appropriate employment outcome;
(C) an individualized plan for employment,
as required by section 722 of this title, will
be developed and updated using funds under
subchapter I in order to—
(i) specify the supported employment
services to be provided, including, as appropriate, for youth with the most significant disabilities, transition services and
pre-employment transition services;
(ii) specify the expected extended services needed, including the extended services that may be provided to youth with
the most significant disabilities under this
subchapter, in accordance with an approved individualized plan for employment, for a period not to exceed 4 years;
and
(iii) identify, as appropriate, the source
of extended services, which may include
natural supports, or indicate that it is not
possible to identify the source of extended
services at the time the individualized
plan for employment is developed;
(D) the State will use funds provided under
this subchapter only to supplement, and not
supplant, the funds provided under subchapter I, in providing supported employment services specified in the individualized
plan for employment;
(E) services provided under an individualized plan for employment will be coordinated with services provided under other in-

Page 311

§ 795l

TITLE 29—LABOR

dividualized plans established under other
Federal or State programs;
(F) to the extent jobs skills training is
provided, the training will be provided on
site;
(G) supported employment services will include placement in an integrated setting
based on the unique strengths, resources,
priorities, concerns, abilities, capabilities,
interests, and informed choice of individuals
with the most significant disabilities;
(H) the State agencies designated under
paragraph (1) will expend not more than 2.5
percent of the allotment of the State under
this subchapter for administrative costs of
carrying out this subchapter; and
(I) with respect to supported employment
services provided to youth with the most
significant disabilities pursuant to section
795h(d) of this title, the designated State
agency will provide, directly or indirectly
through public or private entities, non-Federal contributions in an amount that is not
less than 10 percent of the costs of carrying
out such services; and
(8) contain such other information and be
submitted in such manner as the Commissioner may require.
(Pub. L. 93–112, title VI, § 606, formerly § 625, as
added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998,
112 Stat. 1215; amended Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(b)(16)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–414; renumbered § 606 and
amended Pub. L. 113–128, title IV, § 461(3), (8),
July 22, 2014, 128 Stat. 1679, 1681.)
Editorial Notes
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, § 632, as
added Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106
Stat. 4439, related to allotments, prior to the general
amendment of this subchapter by Pub. L. 105–220. See
section 795h of this title.
Another prior section 795k, Pub. L. 93–112, title VI,
§ 632, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct.
21, 1986, 100 Stat. 1834, related to eligibility for services
under former part C of this subchapter, prior to repeal
by Pub. L. 102–569, § 621(a).

Subsec. (b)(7)(A). Pub. L. 113–128, § 461(8)(B)(vii)(I),
substituted ‘‘under this subchapter’’ for ‘‘under this
part’’ in two places.
Subsec. (b)(7)(B). Pub. L. 113–128, § 461(8)(B)(vii)(II), inserted ‘‘, including youth with the most significant disabilities,’’ after ‘‘significant disabilities’’.
Subsec.
(b)(7)(C)(i).
Pub.
L.
113–128,
§ 461(8)(B)(vii)(III)(aa), inserted ‘‘, including, as appropriate, for youth with the most significant disabilities,
transition services and pre-employment transition
services’’ after ‘‘services to be provided’’.
Subsec.
(b)(7)(C)(ii).
Pub.
L.
113–128,
§ 461(8)(B)(vii)(III)(bb), inserted ‘‘, including the extended services that may be provided to youth with the
most significant disabilities under this subchapter, in
accordance with an approved individualized plan for
employment, for a period not to exceed 4 years’’ after
‘‘services needed’’.
Subsec.
(b)(7)(C)(iii).
Pub.
L.
113–128,
§ 461(8)(B)(vii)(III)(cc), substituted ‘‘identify, as appropriate, the source of extended services,’’ for ‘‘identify
the source of extended services,’’, ‘‘or indicate’’ for ‘‘or
to the extent’’, and ‘‘employment is developed;’’ for
‘‘employment is developed, a statement describing the
basis for concluding that there is a reasonable expectation that such sources will become available;’’.
Subsec. (b)(7)(D). Pub. L. 113–128, § 461(8)(B)(vii)(IV),
substituted ‘‘under this subchapter’’ for ‘‘under this
part’’.
Subsec. (b)(7)(G). Pub. L. 113–128, § 461(8)(B)(vii)(VI),
struck out ‘‘for the maximum number of hours possible’’ after ‘‘integrated setting’’.
Subsec.
(b)(7)(H),
(I).
Pub.
L.
113–128,
§ 461(8)(B)(vii)(V), (VII), added subpars. (H) and (I).
1998—Pub. L. 105–277 made technical amendment in
original to section designation and catchline.

§ 795l. Restriction
Each State agency designated under section
795k(b)(1) of this title shall collect the information required by section 721(a)(10) of this title
separately for—
(1) eligible individuals receiving supported
employment services under this subchapter;
(2) eligible individuals receiving supported
employment services under subchapter I;
(3) eligible youth receiving supported employment services under this subchapter; and
(4) eligible youth receiving supported employment services under subchapter I.
(Pub. L. 93–112, title VI, § 607, as added Pub. L.
113–128, title IV, § 461(9), July 22, 2014, 128 Stat.
1682.)

AMENDMENTS

Editorial Notes

2014—Subsec. (a). Pub. L. 113–128, § 461(8)(A), substituted ‘‘this subchapter’’ for ‘‘this part’’ and inserted
‘‘, including youth with the most significant disabilities,’’ after ‘‘individuals’’.
Subsec. (b)(1). Pub. L. 113–128, § 461(8)(B)(i), substituted ‘‘this subchapter’’ for ‘‘this part’’.
Subsec. (b)(2). Pub. L. 113–128, § 461(8)(B)(ii), inserted
‘‘, including youth,’’ after ‘‘rehabilitation needs of individuals’’.
Subsec. (b)(3). Pub. L. 113–128, § 461(8)(B)(iii), inserted
‘‘, including youth with the most significant disabilities,’’ after ‘‘provided to individuals’’ and made technical amendment to reference in original act which appears in text as reference to section 795h of this title.
Subsec. (b)(6), (7). Pub. L. 113–128, § 461(8)(B)(iv)–(vi),
added par. (6), redesignated former par. (6) as (7), and
struck out former par. (7) which read as follows: ‘‘provide assurances that the State agencies designated
under paragraph (1) will expend not more than 5 percent of the allotment of the State under this part for
administrative costs of carrying out this part; and’’.

PRIOR PROVISIONS
A prior section 795l, Pub. L. 93–112, title VI, § 607, formerly § 626, as added Pub. L. 105–220, title IV, § 409, Aug.
7, 1998, 112 Stat. 1216; amended Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(b)(17)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–414; renumbered § 607, Pub. L. 113–128, title
IV, § 461(3), July 22, 2014, 128 Stat. 1679, related to restriction, prior to repeal by Pub. L. 113–128, title IV,
§ 461(9), July 22, 2014, 128 Stat. 1682. Provisions similar
to prior section 795l were contained in section 795o of
this title prior to the general amendment of this subchapter by Pub. L. 105–220.
Another prior section 795l, Pub. L. 93–112, title VI,
§ 633, as added Pub. L. 102–569, title VI, § 621(a), Oct. 29,
1992, 106 Stat. 4440; amended Pub. L. 103–73, title I, § 113,
Aug. 11, 1993, 107 Stat. 728, related to availability of
services, prior to the general amendment of this subchapter by Pub. L. 105–220. See section 795i of this title.
Another prior section 795l, Pub. L. 93–112, title VI,
§ 633, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct.

§ 795m

TITLE 29—LABOR

21, 1986, 100 Stat. 1834; amended Pub. L. 100–630, title II,
§ 207(e), Nov. 7, 1988, 102 Stat. 3313, provided for allotments to States, unused funds, and planning grants,
prior to repeal by Pub. L. 102–569, § 621(a).

§ 795m. Savings provision
(a) Supported employment services
Nothing in this chapter shall be construed to
prohibit a State from providing supported employment services in accordance with the State
plan submitted under section 721 of this title by
using funds made available through a State allotment under section 730 of this title.
(b) Postemployment services
Nothing in this subchapter shall be construed
to prohibit a State from providing discrete
postemployment services in accordance with the
State plan submitted under section 721 of this
title by using funds made available through a
State allotment under section 730 of this title to
an individual who is eligible under this subchapter.
(Pub. L. 93–112, title VI, § 608, formerly § 627, as
added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998,
112 Stat. 1216; amended Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(b)(18)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–414; renumbered § 608 and
amended Pub. L. 113–128, title IV, § 461(3), (10),
July 22, 2014, 128 Stat. 1679, 1682.)
Editorial Notes
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, § 634, as
added Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106
Stat. 4440, related to eligibility for services, prior to
the general amendment of this subchapter by Pub. L.
105–220. See section 795j of this title.
Another prior section 795m, Pub. L. 93–112, title VI,
§ 634, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct.
21, 1986, 100 Stat. 1835; amended Pub. L. 100–630, title II,
§ 207(f), Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102–119,
§ 26(e), Oct. 7, 1991, 105 Stat. 607, provided for submission
of State plans for assistance under former part C of this
subchapter, prior to repeal by Pub. L. 102–569, § 621(a).
AMENDMENTS
2014—Subsec. (b). Pub. L. 113–128, § 461(10), substituted
‘‘this subchapter’’ for ‘‘this part’’ in two places.
1998—Pub. L. 105–277 made technical amendment in
original to section designation and catchline.

§ 795n. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities
(a) Establishment
Not later than 60 days after July 22, 2014, the
Secretary of Labor shall establish an Advisory
Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (referred to in this section as the ‘‘Committee’’).
(b) Appointment and vacancies
(1) Appointment
The Secretary of Labor shall appoint the
members of the Committee described in subsection (c)(6), in accordance with subsection
(c).

Page 312

(2) Vacancies
Any vacancy in the Committee shall not affect its powers, but shall be filled in the same
manner, in accordance with the same paragraph of subsection (c), as the original appointment or designation was made.
(c) Composition
The Committee shall be composed of—
(1) the Assistant Secretary for Disability
Employment Policy, the Assistant Secretary
for Employment and Training, and the Administrator of the Wage and Hour Division, of the
Department of Labor;
(2) the Commissioner of the Administration
on Intellectual and Developmental Disabilities, or the Commissioner’s designee;
(3) the Director of the Centers for Medicare
& Medicaid Services of the Department of
Health and Human Services, or the Director’s
designee;
(4) the Commissioner of Social Security, or
the Commissioner’s designee;
(5) the Commissioner of the Rehabilitation
Services Administration, or the Commissioner’s designee; and
(6) representatives from constituencies consisting of—
(A) self-advocates for individuals with intellectual or developmental disabilities;
(B) providers of employment services, including those that employ individuals with
intellectual or developmental disabilities in
competitive integrated employment;
(C) representatives of national disability
advocacy organizations for adults with intellectual or developmental disabilities;
(D) experts with a background in academia
or research and expertise in employment and
wage policy issues for individuals with intellectual or developmental disabilities;
(E) representatives from the employer
community or national employer organizations; and
(F) other individuals or representatives of
organizations with expertise on increasing
opportunities for competitive integrated employment for individuals with disabilities.
(d) Chairperson
The Committee shall elect a Chairperson of
the Committee from among the appointed members of the Committee.
(e) Meetings
The Committee shall meet at the call of the
Chairperson, but not less than 8 times.
(f) Duties
The Committee shall study, and prepare findings, conclusions, and recommendations for the
Secretary of Labor on—
(1) ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals
with significant disabilities in competitive integrated employment;
(2) the use of the certificate program carried
out under section 214(c) of this title for the
employment of individuals with intellectual or
developmental disabilities, or other individuals with significant disabilities; and

Page 313

§ 795o

TITLE 29—LABOR

(3) ways to improve oversight of the use of
such certificates.
(g) Committee personnel matters
(1) Travel expenses
The members of the Committee shall not receive compensation for the performance of
services for the Committee, but shall be allowed reasonable travel expenses, including
per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away
from their homes or regular places of business
in the performance of services for the Committee. Notwithstanding section 1342 of title
31, the Secretary may accept the voluntary
and uncompensated services of members of the
Committee.
(2) Staff
The Secretary of Labor may designate such
personnel as may be necessary to enable the
Committee to perform its duties.
(3) Detail of Government employees
Any Federal Government employee, with the
approval of the head of the appropriate Federal agency, may be detailed to the Committee
without reimbursement, and such detail shall
be without interruption or loss of civil service
status or privilege.
(4) Facilities, equipment, and services
The Secretary of Labor shall make available
to the Committee, under such arrangements
as may be appropriate, necessary equipment,
supplies, and services.
(h) Reports
(1) Interim and final reports
The Committee shall prepare and submit to
the Secretary of Labor, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives—
(A) an interim report that summarizes the
progress of the Committee, along with any
interim findings, conclusions, and recommendations as described in subsection (f);
and
(B) a final report that states final findings,
conclusions, and recommendations as described in subsection (f).
(2) Preparation and submission
The reports shall be prepared and submitted—
(A) in the case of the interim report, not
later than 1 year after the date on which the
Committee is established under subsection
(a); and
(B) in the case of the final report, not later
than 2 years after the date on which the
Committee is established under subsection
(a).
(i) Termination
The Committee shall terminate on the day
after the date on which the Committee submits
the final report.
(Pub. L. 93–112, title VI, § 609, as added Pub. L.
113–128, title IV, § 461(11), July 22, 2014, 128 Stat.
1682.)

Editorial Notes
PRIOR PROVISIONS
A prior section 795n, Pub. L. 93–112, title VI, § 609, formerly § 628, as added Pub. L. 105–220, title IV, § 409, Aug.
7, 1998, 112 Stat. 1217; amended Pub. L. 105–277, div. A,
§ 101(f) [title VIII, § 402(b)(19)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–414; renumbered § 609, Pub. L. 113–128, title
IV, § 461(3), July 22, 2014, 128 Stat. 1679, related to authorization of appropriations, prior to repeal by Pub. L.
113–128, title IV, § 461(11), July 22, 2014, 128 Stat. 1682.
See section 795o of this title. Provisions similar to prior
section 795n were contained in section 795q of this title
prior to the general amendment of this subchapter by
Pub. L. 105–220.
Another prior section 795n, Pub. L. 93–112, title VI,
§ 635, as added Pub. L. 102–569, title VI, § 621(a), Oct. 29,
1992, 106 Stat. 4440, which related to State plans, was
omitted in the general amendment of this subchapter
by Pub. L. 105–220. See section 795k of this title.
Another prior section 795n, Pub. L. 93–112, title VI,
§ 635, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct.
21, 1986, 100 Stat. 1836; amended Pub. L. 100–630, title II,
§ 207(g), Nov. 7, 1988, 102 Stat. 3314, related to availability and comparability of services under former part
C of this subchapter, prior to repeal by Pub. L. 102–569,
§ 621(a).

§ 795o. Authorization of appropriations
There is authorized to be appropriated to
carry out this subchapter $27,548,000 for fiscal
year 2015, $29,676,000 for fiscal year 2016,
$30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 2019, and
$32,363,000 for fiscal year 2020.
(Pub. L. 93–112, title VI, § 610, as added Pub. L.
113–128, title IV, § 461(11), July 22, 2014, 128 Stat.
1684.)
Editorial Notes
PRIOR PROVISIONS
Prior sections 795o to 795r were omitted in the general amendment of this subchapter by Pub. L. 105–220.
Section 795o, Pub. L. 93–112, title VI, § 636, as added
Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106 Stat.
4442, related to collection of client information.
Another prior section 795o, Pub. L. 93–112, title VI,
§ 636, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct.
21, 1986, 100 Stat. 1836, related to collection of client information, prior to repeal by Pub. L. 102–569, § 621(a).
Section 795p, Pub. L. 93–112, title VI, § 637, as added
Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106 Stat.
4442, contained savings provision. See section 795m of
this title.
Another prior section 795p, Pub. L. 93–112, title VI,
§ 637, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct.
21, 1986, 100 Stat. 1837, contained a savings provision not
prohibiting a State from carrying out post-employment
services leading to supported employment, prior to repeal by Pub. L. 102–569, § 621(a).
Section 795q, Pub. L. 93–112, title VI, § 638, as added
Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106 Stat.
4442, authorized appropriations.
Another prior section 795q, Pub. L. 93–112, title VI,
§ 638, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct.
21, 1986, 100 Stat. 1837; amended Pub. L. 100–630, title II,
§ 207(h), Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102–52, § 7(c),
June 6, 1991, 105 Stat. 262, authorized appropriations for
fiscal years 1987 to 1992, prior to repeal by Pub. L.
102–569, § 621(a).
Section 795r, Pub. L. 93–112, title VI, § 641, formerly
§ 622, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978,
92 Stat. 2994; amended Pub. L. 99–506, title I,
§ 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 100–630,
title II, § 207(c), Nov. 7, 1988, 102 Stat. 3313; renumbered
§ 641 and amended Pub. L. 102–569, title I, § 102(p)(39),

§ 796

TITLE 29—LABOR

title VI, § 612(a)(2), (3), (b), Oct. 29, 1992, 106 Stat. 4361,
4438, related to business opportunities for individuals
with disabilities.

SUBCHAPTER VII—INDEPENDENT LIVING
SERVICES AND CENTERS FOR INDEPENDENT LIVING

uals with severe disabilities, prior to the general
amendment of this subchapter by Pub. L. 105–220.
Another prior section 796, Pub. L. 93–112, title VII,
§ 701, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978,
92 Stat. 2995, provided Congressional statement of purpose of former subchapter VII, prior to repeal by Pub.
L. 102–569, § 701(1).
AMENDMENTS

Editorial Notes
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, § 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, § 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.

PART A—INDIVIDUALS WITH SIGNIFICANT
DISABILITIES
SUBPART 1—GENERAL PROVISIONS

§ 796. Purpose
The purpose of this part is to promote a philosophy of independent living, including a philosophy of consumer control, peer support, selfhelp, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion
of individuals with disabilities into the mainstream of American society, by—
(1) providing financial assistance to States
for providing, expanding, and improving the
provision of independent living services;
(2) providing financial assistance to develop
and support statewide networks of centers for
independent living; and
(3) providing financial assistance to States
for improving working relationships among
State independent living rehabilitation service programs, centers for independent living,
Statewide Independent Living Councils established under section 796d of this title, State
vocational rehabilitation programs receiving
assistance under subchapter I, State programs
of supported employment services receiving
assistance under subchapter VI, client assistance programs receiving assistance under section 732 of this title, programs funded under
other subchapters of this chapter, programs
funded under other Federal law, and programs
funded through non-Federal sources, with the
goal of improving the independence of individuals with disabilities.
(Pub. L. 93–112, title VII, § 701, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1217;
amended Pub. L. 113–128, title IV, § 471, July 22,
2014, 128 Stat. 1685.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796, Pub. L. 93–112, title VII, § 701, as
added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106
Stat. 4443; amended Pub. L. 103–73, title I, § 114(a), Aug.
11, 1993, 107 Stat. 728, related to purpose of program to
provide assistance for independent living for individ-

Page 314

2014—Par. (3). Pub. L. 113–128 substituted ‘‘subchapter
VI’’ for ‘‘part B of subchapter VI’’ and inserted before
period at end ‘‘, with the goal of improving the independence of individuals with disabilities’’.

§ 796–1. Administration of the independent living
program
There is established within the Administration for Community Living of the Department of
Health and Human Services, an Independent
Living Administration. The Independent Living
Administration shall be headed by a Director
(referred to in this section as the ‘‘Director’’)
appointed by the Secretary of Health and
Human Services. The Director shall be an individual with substantial knowledge of independent living services. The Independent Living
Administration shall be the principal agency,
and the Director shall be the principal officer, to
carry out this part. In performing the functions
of the office, the Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. The Secretary shall ensure that the Independent Living
Administration has sufficient resources (including designating at least 1 individual from the Office of General Counsel who is knowledgeable
about independent living services) to provide
technical assistance and support to, and oversight of, the programs funded under this part.
(Pub. L. 93–112, title VII, § 701A, as added Pub. L.
113–128, title IV, § 472, July 22, 2014, 128 Stat.
1685.)
§ 796a. Definitions
As used in this part:
(1) Administrator
The term ‘‘Administrator’’ means the Administrator of the Administration for Community Living of the Department of Health and
Human Services.
(2) Center for independent living
The term ‘‘center for independent living’’
means a consumer-controlled, communitybased, cross-disability, nonresidential private
nonprofit agency for individuals with significant disabilities (regardless of age or income)
that—
(A) is designed and operated within a local
community by individuals with disabilities;
and
(B) provides an array of independent living
services, including, at a minimum, independent living core services as defined in
section 705(17) of this title.
(3) Consumer control
The term ‘‘consumer control’’ means, with
respect to a center for independent living, that
the center vests power and authority in indi-

Page 315

TITLE 29—LABOR

viduals with disabilities, in terms of the management, staffing, decisionmaking, operation,
and provisions of services, of the center.
(Pub. L. 93–112, title VII, § 702, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218;
amended Pub. L. 113–128, title IV, § 473, July 22,
2014, 128 Stat. 1685.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796a, Pub. L. 93–112, title VII, § 702, as
added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106
Stat. 4443, defined terms ‘‘center for independent living’’ and ‘‘consumer control’’, prior to the general
amendment of this subchapter by Pub. L. 105–220.
Another prior section 796a, Pub. L. 93–112, title VII,
§ 702, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978,
92 Stat. 2995; amended Pub. L. 99–506, title I,
§ 103(d)(2)(A), (C), title VIII, § 801, title X, §§ 1001(g)(1),
1002(h), Oct. 21, 1986, 100 Stat. 1810, 1837, 1843, 1844; Pub.
L. 100–630, title II, § 208(a), Nov. 7, 1988, 102 Stat. 3314,
provided eligibility requirements and definition of
‘‘comprehensive services for independent living’’, prior
to repeal by Pub. L. 102–569, § 701(1).
AMENDMENTS
2014—Par. (1). Pub. L. 113–128, § 473(4), added par. (1).
Former par. (1) redesignated (2).
Pub. L. 113–128, § 473(1)(A), inserted ‘‘for individuals
with significant disabilities (regardless of age or income)’’ before ‘‘that—’’ in introductory provisions.
Par. (1)(B). Pub. L. 113–128, § 473(1)(B), inserted
‘‘, including, at a minimum, independent living core
services as defined in section 705(17) of this title’’ before period at end.
Par. (2). Pub. L. 113–128, § 473(3), redesignated par. (1)
as (2). Former par. (2) redesignated (3).
Pub. L. 113–128, § 473(2), inserted ‘‘, in terms of the
management, staffing, decisionmaking, operation, and
provisions of services, of the center’’ before period at
end.
Par. (3). Pub. L. 113–128, § 473(3), redesignated par. (2)
as (3).

§ 796b. Eligibility for receipt of services
Services may be provided under this part to
any individual with a significant disability, as
defined in section 705(21)(B) of this title.
(Pub. L. 93–112, title VII, § 703, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796b, Pub. L. 93–112, title VII, § 703, as
added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106
Stat. 4444, related to eligibility for receipt of services,
prior to the general amendment of this subchapter by
Pub. L. 105–220.
Another prior section 796b, Pub. L. 93–112, title VII,
§ 703, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978,
92 Stat. 2996; amended Pub. L. 99–506, title X,
§ 1001(g)(2), Oct. 21, 1986, 100 Stat. 1843; Pub. L. 100–630,
title II, § 208(b), Nov. 7, 1988, 102 Stat. 3314, related to
State allotments for comprehensive services for independent living, prior to repeal by Pub. L. 102–569,
§ 701(1).

§ 796c. State plan
(a) In general
(1) Requirement
To be eligible to receive financial assistance
under this part, a State shall submit to the

§ 796c

Administrator, and obtain approval of, a State
plan developed and signed in accordance with
paragraph (2), containing such provisions as
the Administrator may require, including, at a
minimum, the provisions required in this section.
(2) Joint development
The plan under paragraph (1) shall be jointly—
(A) developed by the chairperson of the
Statewide Independent Living Council, and
the directors of the centers for independent
living in the State, after receiving public
input from individuals with disabilities and
other stakeholders throughout the State;
and
(B) signed by—
(i) the chairperson of the Statewide Independent Living Council, acting on behalf
of and at the direction of the Council;
(ii) the director of the designated State
entity described in subsection (c); and
(iii) not less than 51 percent of the directors of the centers for independent living
in the State.
(3) Periodic review and revision
The plan shall provide for the review and revision of the plan, not less than once every 3
years, to ensure the existence of appropriate
planning, financial support and coordination,
and other assistance to appropriately address,
on a statewide and comprehensive basis, needs
in the State for—
(A) the provision of independent living
services in the State;
(B) the development and support of a
statewide network of centers for independent living; and
(C) working relationships and collaboration between—
(i) centers for independent living; and
(ii)(I) entities carrying out programs
that provide independent living services,
including those serving older individuals;
(II) other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance,
services, and supports for individuals with
significant disabilities; and
(III) entities carrying out other programs providing services for individuals
with disabilities.
(4) Date of submission
The State shall submit the plan to the Administrator 90 days before the completion date
of the preceding plan. If a State fails to submit such a plan that complies with the requirements of this section, the Administrator
may withhold financial assistance under this
part until such time as the State submits such
a plan.
(5) Statewideness
The State plan shall describe strategies for
providing independent living services on a
statewide basis, to the greatest extent possible.

§ 796c

TITLE 29—LABOR

(b) Statewide Independent Living Council
The plan shall provide for the establishment of
a Statewide Independent Living Council in accordance with section 796d of this title.
(c) Designation of State entity
The plan shall designate a State entity of such
State (referred to in this subchapter as the ‘‘designated State entity’’) as the agency that, on behalf of the State, shall—
(1) receive, account for, and disburse funds
received by the State under this part based on
the plan;
(2) provide administrative support services
for a program under subpart 2, and a program
under subpart 3 in a case in which the program
is administered by the State under section
796f–2 of this title;
(3) keep such records and afford such access
to such records as the Administrator finds to
be necessary with respect to the programs;
(4) submit such additional information or
provide such assurances as the Administrator
may require with respect to the programs; and
(5) retain not more than 5 percent of the
funds received by the State for any fiscal year
under subpart 2, for the performance of the
services outlined in paragraphs (1) through (4).
(d) Objectives
The plan shall—
(1) specify the objectives to be achieved
under the plan and establish timelines for the
achievement of the objectives; and
(2) explain how such objectives are consistent with and further the purpose of this
part.
(e) Independent living services
The plan shall provide that the State will provide independent living services under this part
to individuals with significant disabilities, and
will provide the services to such an individual in
accordance with an independent living plan mutually agreed upon by an appropriate staff member of the service provider and the individual,
unless the individual signs a waiver stating that
such a plan is unnecessary.
(f) Scope and arrangements
The plan shall describe the extent and scope of
independent living services to be provided under
this part to meet such objectives. If the State
makes arrangements, by grant or contract, for
providing such services, such arrangements
shall be described in the plan.
(g) Network
The plan shall set forth a design for the establishment of a statewide network of centers for
independent living that comply with the standards and assurances set forth in section 796f–4 of
this title.
(h) Centers
In States in which State funding for centers
for independent living equals or exceeds the
amount of funds allotted to the State under subpart 3, as provided in section 796f–2 of this title,
the plan shall include policies, practices, and
procedures governing the awarding of grants to
centers for independent living and oversight of
such centers consistent with section 796f–2 of
this title.

Page 316

(i) Cooperation, coordination, and working relationships among various entities
The plan shall set forth the steps that will be
taken to maximize the cooperation, coordination, and working relationships among—
(1) the Statewide Independent Living Council;
(2) centers for independent living;
(3) the designated State entity; and
(4) other State agencies or entities represented on the Council, other councils that
address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by
the Council.
(j) Coordination of services
The plan shall describe how services funded
under this part will be coordinated with, and
complement, other services, in order to avoid
unnecessary duplication with other Federal,
State, and local programs.
(k) Coordination between Federal and State
sources
The plan shall describe efforts to coordinate
Federal and State funding for centers for independent living and independent living services.
(l) Outreach
With respect to services and centers funded
under this part, the plan shall set forth steps to
be taken regarding outreach to populations that
are unserved or underserved by programs under
this subchapter, including minority groups and
urban and rural populations.
(m) Requirements
The plan shall provide satisfactory assurances
that all recipients of financial assistance under
this part will—
(1) notify all individuals seeking or receiving
services under this part about the availability
of the client assistance program under section
732 of this title, the purposes of the services
provided under such program, and how to contact such program;
(2) take affirmative action to employ and advance in employment qualified individuals
with disabilities on the same terms and conditions required with respect to the employment
of such individuals under the provisions of section 793 of this title;
(3) adopt such fiscal control and fund accounting procedures as may be necessary to
ensure the proper disbursement of and accounting for funds paid to the State under this
part;
(4)(A) maintain records that fully disclose—
(i) the amount and disposition by such recipient of the proceeds of such financial assistance;
(ii) the total cost of the project or undertaking in connection with which such financial assistance is given or used; and
(iii) the amount of that portion of the cost
of the project or undertaking supplied by
other sources;
(B) maintain such other records as the Administrator determines to be appropriate to
facilitate an effective audit;
(C) afford such access to records maintained
under subparagraphs (A) and (B) as the Administrator determines to be appropriate; and

Page 317

TITLE 29—LABOR

(D) submit such reports with respect to such
records as the Administrator determines to be
appropriate;
(5) provide access to the Administrator and
the Comptroller General or any of their duly
authorized representatives, for the purpose of
conducting audits and examinations, of any
books, documents, papers, and records of the
recipients that are pertinent to the financial
assistance received under this part; and
(6) provide for public hearings regarding the
contents of the plan during both the formulation and review of the plan.
(n) Evaluation
The plan shall establish a method for the periodic evaluation of the effectiveness of the plan
in meeting the objectives established in subsection (d), including evaluation of satisfaction
by individuals with disabilities.
(o) Promoting full access to community life
The plan shall describe how the State will provide independent living services described in
section 705(18) of this title that promote full access to community life for individuals with significant disabilities.
(Pub. L. 93–112, title VII, § 704, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1218;
amended Pub. L. 113–128, title IV, § 474, July 22,
2014, 128 Stat. 1686.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796c, Pub. L. 93–112, title VII, § 704, as
added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106
Stat. 4444; amended Pub. L. 103–73, title I, § 114(b), Aug.
11, 1993, 107 Stat. 728, related to State plans, prior to
the general amendment of this subchapter by Pub. L.
105–220.
Another prior section 796c, Pub. L. 93–112, title VII,
§ 704, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978,
92 Stat. 2997; amended Pub. L. 100–630, title II, § 208(c),
Nov. 7, 1988, 102 Stat. 3314, related to payments to
States from allotments to pay Federal share of expenditures, prior to repeal by Pub. L. 102–569, § 701(1).
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–128, § 474(1)(A), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ in two
places and inserted ‘‘developed and signed in accordance with paragraph (2),’’ after ‘‘State plan’’.
Subsec. (a)(2). Pub. L. 113–128, § 474(1)(B), struck out
‘‘developed and signed by’’ after ‘‘jointly’’ in introductory provisions, added subpars. (A) and (B), and struck
out former subpars. (A) and (B) which read as follows:
‘‘(A) the director of the designated State unit; and
‘‘(B) the chairperson of the Statewide Independent
Living Council, acting on behalf of and at the direction
of the Council.’’
Subsec. (a)(3)(A). Pub. L. 113–128, § 474(1)(C)(i), substituted ‘‘independent living services in the State’’ for
‘‘State independent living services’’.
Subsec. (a)(3)(C). Pub. L. 113–128, § 474(1)(C)(ii), added
subpar. (C) and struck out former subpar. (C) which
read as follows:
‘‘(C) working relationships between—
‘‘(i) programs providing independent living services
and independent living centers; and
‘‘(ii) the vocational rehabilitation program established under subchapter I of this chapter, and other
programs providing services for individuals with disabilities.’’
Subsec. (a)(4). Pub. L. 113–128, § 474(1)(D), substituted
‘‘Administrator’’ for ‘‘Commissioner’’ in two places.

§ 796d

Subsec. (a)(5). Pub. L. 113–128, § 474(1)(E), added par.
(5).
Subsec. (c). Pub. L. 113–128, § 474(2)(A), (B), substituted ‘‘entity’’ for ‘‘unit’’ in heading and ‘‘a State
entity of such State (referred to in this subchapter as
the ‘designated State entity’)’’ for ‘‘the designated
State unit of such State’’ in introductory provisions.
Subsec. (c)(3), (4). Pub. L. 113–128, § 474(2)(C), substituted ‘‘Administrator’’ for ‘‘Commissioner’’.
Subsec. (c)(5). Pub. L. 113–128, § 474(2)(D)–(F), added
par. (5).
Subsec. (i). Pub. L. 113–128, § 474(3), added pars. (1) to
(4) and struck out former pars. (1) and (2) which read as
follows:
‘‘(1) the independent living rehabilitation service program, the Statewide Independent Living Council, and
centers for independent living; and
‘‘(2) the designated State unit, other State agencies
represented on such Council, other councils that address the needs of specific disability populations and
issues, and other public and private entities determined
to be appropriate by the Council.’’
Subsec. (m)(4), (5). Pub. L. 113–128, § 474(4), substituted
‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing.
Subsec. (o). Pub. L. 113–128, § 474(5), added subsec. (o).

§ 796d. Statewide Independent Living Council
(a) Establishment
To be eligible to receive financial assistance
under this part, each State shall establish and
maintain a Statewide Independent Living Council (referred to in this section as the ‘‘Council’’).
The Council shall not be established as an entity
within a State agency.
(b) Composition and appointment
(1) Appointment
Members of the Council shall be appointed
by the Governor or, in the case of a State that,
under State law, vests authority for the administration of the activities carried out
under this chapter in an entity other than the
Governor (such as one or more houses of the
State legislature or an independent board), the
chief officer of that entity. The appointing authority shall select members after soliciting
recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities.
(2) Composition
The Council shall include—
(A) among its voting members, at least 1
director of a center for independent living
chosen by the directors of centers for independent living within the State;
(B) among its voting members, for a State
in which 1 or more centers for independent
living are run by, or in conjunction with, the
governing bodies of American Indian tribes
located on Federal or State reservations, at
least 1 representative of the directors of
such centers; and
(C) as ex officio, nonvoting members, a
representative of the designated State entity, and representatives from State agencies
that provide services for individuals with
disabilities.
(3) Additional members
The Council may include—
(A) other representatives from centers for
independent living;

§ 796d

TITLE 29—LABOR

(B) individuals with disabilities;
(C) parents and guardians of individuals
with disabilities;
(D) advocates of and for individuals with
disabilities;
(E) representatives from private businesses;
(F) representatives from organizations
that provide services for individuals with
disabilities; and
(G) other appropriate individuals.
(4) Qualifications
(A) In general
The Council shall be composed of members—
(i) who provide statewide representation;
(ii) who represent a broad range of individuals with disabilities from diverse
backgrounds;
(iii) who are knowledgeable about centers for independent living and independent living services; and
(iv) a majority of whom are persons who
are—
(I) individuals with disabilities described in section 705(20)(B) of this title;
and
(II) not employed by any State agency
or center for independent living.
(B) Voting members
A majority of the voting members of the
Council shall be—
(i) individuals with disabilities described
in section 705(20)(B) of this title; and
(ii) not employed by any State agency or
center for independent living.
(5) Chairperson
(A) In general
Except as provided in subparagraph (B),
the Council shall select a chairperson from
among the voting membership of the Council.
(B) Designation by chief executive officer
In States in which the Governor does not
have veto power pursuant to State law, the
appointing authority described in paragraph
(1) shall designate a voting member of the
Council to serve as the chairperson of the
Council or shall require the Council to so
designate such a voting member.
(6) Terms of appointment
(A) Length of term
Each member of the Council shall serve for
a term of 3 years, except that—
(i) a member appointed to fill a vacancy
occurring prior to the expiration of the
term for which a predecessor was appointed, shall be appointed for the remainder of such term; and
(ii) the terms of service of the members
initially appointed shall be (as specified by
the appointing authority described in
paragraph (3)) for such fewer number of
years as will provide for the expiration of
terms on a staggered basis.
(B) Number of terms
No member of the Council, other than a
representative described in paragraph (2)(A)

Page 318

if there is only one center for independent
living within the State, may serve more
than two consecutive full terms.
(7) Vacancies
(A) In general
Except as provided in subparagraph (B),
any vacancy occurring in the membership of
the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of
the Council.
(B) Delegation
The appointing authority described in
paragraph (3) may delegate the authority to
fill such a vacancy to the remaining voting
members of the Council after making the
original appointment.
(c) Functions
(1) Duties
The Council shall—
(A) develop the State plan as provided in
section 796c(a)(2) of this title;
(B) monitor, review, and evaluate the implementation of the State plan;
(C) meet regularly, and ensure that such
meetings of the Council are open to the public and sufficient advance notice of such
meetings is provided;
(D) submit to the Administrator such periodic reports as the Administrator may reasonably request, and keep such records, and
afford such access to such records, as the Administrator finds necessary to verify the information in such reports; and
(E) as appropriate, coordinate activities
with other entities in the State that provide
services similar to or complementary to
independent living services, such as entities
that facilitate the provision of or provide
long-term community-based services and
supports.
(2) Authorities
The Council may, consistent with the State
plan described in section 796c of this title, unless prohibited by State law—
(A) in order to improve services provided
to individuals with disabilities, work with
centers for independent living to coordinate
services with public and private entities;
(B) conduct resource development activities to support the activities described in
this subsection or to support the provision of
independent living services by centers for
independent living; and
(C) perform such other functions, consistent with the purpose of this part and
comparable to other functions described in
this subsection, as the Council determines to
be appropriate.
(3) Limitation
The Council shall not provide independent
living services directly to individuals with significant disabilities or manage such services.
(d) Hearings and forums
The Council is authorized to hold such hearings and forums as the Council may determine

Page 319

TITLE 29—LABOR

to be necessary to carry out the duties of the
Council.
(e) Plan
(1) In general
The Council shall prepare, in conjunction
with the designated State entity, a plan for
the provision of such resources, including such
staff and personnel, as may be necessary and
sufficient to carry out the functions of the
Council under this section, with funds made
available under this part, and under section
730 of this title (consistent with section
721(a)(18) of this title), and from other public
and private sources. The resource plan shall,
to the maximum extent possible, rely on the
use of resources in existence during the period
of implementation of the plan.
(2) Supervision and evaluation
Each Council shall, consistent with State
law, supervise and evaluate such staff and
other personnel as may be necessary to carry
out the functions of the Council under this
section.
(3) Conflict of interest
While assisting the Council in carrying out
its duties, staff and other personnel shall not
be assigned duties by the designated State entity or any other agency or office of the State,
that would create a conflict of interest.
(f) Compensation and expenses
The Council may use available resources to reimburse members of the Council for reasonable
and necessary expenses of attending Council
meetings and performing Council duties (such as
personal assistance services), and to pay reasonable compensation to a member of the Council,
if such member is not employed or must forfeit
wages from other employment, for each day the
member is engaged in performing Council duties.
(Pub. L. 93–112, title VII, § 705, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1220;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(c)(7)], Oct. 21, 1998, 112 Stat. 2681–337,
2681–416; Pub. L. 113–128, title IV, § 475, July 22,
2014, 128 Stat. 1687.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796d, Pub. L. 93–112, title VII, § 705, as
added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106
Stat. 4446; amended Pub. L. 103–73, title I, § 114(c), Aug.
11, 1993, 107 Stat. 728, related to Statewide Independent
Living Councils, prior to the general amendment of
this subchapter by Pub. L. 105–220.
Another prior section 796d, Pub. L. 93–112, title VII,
§ 705, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978,
92 Stat. 2997; amended Pub. L. 99–506, title I,
§ 103(d)(2)(B), (C), (h)(2), title VIII, § 802, title X,
§ 1001(g)(3), Oct. 21, 1986, 100 Stat. 1810, 1811, 1837, 1843;
Pub. L. 100–630, title II, § 208(d), Nov. 7, 1988, 102 Stat.
3314; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat. 607, related to State plans for providing comprehensive services for independent living, prior to repeal by Pub. L.
102–569, § 701(1).
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128, § 475(1), inserted
‘‘and maintain’’ after ‘‘shall establish’’.

§ 796d–1

Subsec. (b)(2)(A). Pub. L. 113–128, § 475(2)(A)(i), inserted ‘‘among its voting members,’’ before ‘‘at least’’
and substituted ‘‘1’’ for ‘‘one’’.
Subsec. (b)(2)(B), (C). Pub. L. 113–128, § 475(2)(A)(ii),
added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows:
‘‘(B) as ex officio, nonvoting members—
‘‘(i) a representative from the designated State
unit; and
‘‘(ii) representatives from other State agencies that
provide services for individuals with disabilities; and
‘‘(C) in a State in which one or more projects are carried out under section 741 of this title, at least one representative of the directors of the projects.’’
Subsec. (b)(3)(B). Pub. L. 113–128, § 475(2)(B)(ii), struck
out ‘‘parents and guardians of’’ before ‘‘individuals’’.
Subsec. (b)(3)(C) to (G). Pub. L. 113–128, § 475(2)(B)(i),
(iii), added subpar. (C) and redesignated former subpars.
(C) to (F) as (D) to (G), respectively.
Subsec. (b)(5)(B). Pub. L. 113–128, § 475(2)(C), substituted ‘‘paragraph (1)’’ for ‘‘paragraph (3)’’.
Subsec. (b)(6)(B). Pub. L. 113–128, § 475(2)(D), inserted
‘‘, other than a representative described in paragraph
(2)(A) if there is only one center for independent living
within the State,’’ after ‘‘the Council’’.
Subsec. (c). Pub. L. 113–128, § 475(3), added subsec. (c)
and struck out former subsec. (c) which related to duties of the Council.
Subsec. (e)(1). Pub. L. 113–128, § 475(4)(A), substituted
‘‘prepare, in conjunction with the designated State entity, a plan’’ for ‘‘prepare, in conjunction with the designated State unit, a plan’’.
Subsec. (e)(3). Pub. L. 113–128, § 475(4)(B), substituted
‘‘State entity’’ for ‘‘State agency’’.
Subsec. (f). Pub. L. 113–128, § 475(5), substituted
‘‘available resources’’ for ‘‘such resources’’ and ‘‘(such
as personal assistance services), and to pay reasonable
compensation’’ for ‘‘(including child care and personal
assistance services), and to pay compensation’’.
1998—Subsec. (b)(1). Pub. L. 105–277, § 101(f) [title VIII,
§ 402(c)(7)(A)], in first sentence, substituted ‘‘by the
Governor or, in the case of a State that, under State
law, vests authority for the administration of the activities carried out under this chapter in an entity
other than the Governor (such as one or more houses of
the State legislature or an independent board), the
chief officer of that entity’’ for ‘‘by the Governor’’ and,
in second sentence, substituted ‘‘The appointing authority’’ for ‘‘The Governor’’.
Subsec. (b)(5)(B). Pub. L. 105–277, § 101(f) [title VIII,
§ 402(c)(7)(B)], substituted ‘‘chief executive officer’’ for
‘‘Governor’’ in heading and ‘‘appointing authority described in paragraph (3) shall’’ for ‘‘Governor shall’’ in
text.
Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105–277, § 101(f)
[title VIII, § 402(c)(7)(C)], substituted ‘‘appointing authority described in paragraph (3)’’ for ‘‘Governor’’.

§ 796d–1. Responsibilities of the Administrator
(a) Approval of State plans
(1) In general
The Administrator shall approve any State
plan submitted under section 796c of this title
that the Administrator determines meets the
requirements of section 796c of this title, and
shall disapprove any such plan that does not
meet such requirements, as soon as practicable after receiving the plan. Prior to such
disapproval, the Administrator shall notify
the State of the intention to disapprove the
plan, and shall afford such State reasonable
notice and opportunity for a hearing.
(2) Procedures
(A) In general
Except as provided in subparagraph (B),
the provisions of subsections (c) and (d) of

§ 796d–1

TITLE 29—LABOR

section 727 of this title shall apply to any
State plan submitted to the Administrator
under section 796c of this title.
(B) Application
For purposes of the application described
in subparagraph (A), all references in such
provisions—
(i) to the Secretary or the Commissioner
shall be deemed to be references to the Administrator;
(ii) to the State agency shall be deemed
to be references to the designated State
entity; and
(iii) to section 721 of this title shall be
deemed to be references to section 796c of
this title.
(b) Indicators
Not later than 1 year after July 22, 2014, the
Administrator shall develop and publish in the
Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section
796f–4 of this title), and indicators of minimum
compliance for Statewide Independent Living
Councils.
(c) Onsite compliance reviews
(1) Reviews
The Administrator shall annually conduct
onsite compliance reviews of at least 15 percent of the centers for independent living that
receive funds under section 796f–1 of this title
and shall periodically conduct such a review of
each such center. The Administrator shall annually conduct onsite compliance reviews of
at least one-third of the designated State
units that receive funding under section 796f–2
of this title, and, to the extent necessary to
determine the compliance of such a State unit
with subsections (f) and (g) of section 796f–2 of
this title, centers that receive funding under
section 796f–2 of this title in such State.
(2) Qualifications of employees conducting reviews
The Administrator shall—
(A) to the maximum extent practicable,
carry out a review described in paragraph (1)
by using employees of the Department of
Health and Human Services who are knowledgeable about the provision of independent
living services;
(B) ensure that the employee of the Department of Health and Human Services
with responsibility for supervising such a review shall have such knowledge; and
(C) ensure that at least one member of a
team conducting such a review shall be an
individual who—
(i) is not a government employee; and
(ii) has experience in the operation of
centers for independent living.
(d) Reports
(1) In general
The Director described in section 796–1 of
this title shall provide to the Administrator of
the Administration for Community Living and
the Administrator shall include, in an annual
report, information on the extent to which

Page 320

centers for independent living receiving funds
under subpart 3 have complied with the standards and assurances set forth in section 796f–4
of this title. The Director may identify individual centers for independent living in the
analysis contained in that information. The
Director shall include in the report the results
of onsite compliance reviews, identifying individual centers for independent living and
other recipients of assistance under subpart 3.
(2) Public availability
The Director shall ensure that the report described in this subsection is made publicly
available in a timely manner, including
through electronic means, in order to inform
the public about the administration and performance of programs under this chapter.
(Pub. L. 93–112, title VII, § 706, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1223;
amended Pub. L. 113–128, title IV, § 475A, July 22,
2014, 128 Stat. 1689.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796d–1, Pub. L. 93–112, title VII, § 706,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4448; amended Pub. L. 103–73, title I, § 114(d),
Aug. 11, 1993, 107 Stat. 729, related to responsibilities of
Commissioner, prior to the general amendment of this
subchapter by Pub. L. 105–220.
Another prior section 796d–1, Pub. L. 93–112, title VII,
§ 706, as added Pub. L. 99–506, title VIII, § 803(a), Oct. 21,
1986, 100 Stat. 1837; amended Pub. L. 100–630, title II,
§ 208(e), Nov. 7, 1988, 102 Stat. 3314, provided for a State
Independent Living Council, prior to repeal by Pub. L.
102–569, § 701(1).
AMENDMENTS
2014—Pub. L. 113–128, § 475A(1), substituted ‘‘the Administrator’’ for ‘‘Commissioner’’ in section catchline.
Subsec. (a)(1). Pub. L. 113–128, § 475A(2)(A), substituted
‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing.
Subsec. (a)(2)(A). Pub. L. 113–128, § 475A(2)(B)(i), substituted ‘‘Administrator’’ for ‘‘Commissioner’’.
Subsec. (a)(2)(B)(i). Pub. L. 113–128, § 475A(2)(B)(ii)(I),
inserted ‘‘or the Commissioner’’ after ‘‘to the Secretary’’ and substituted ‘‘to the Administrator;’’ for
‘‘to the Commissioner; and’’.
Subsec.
(a)(2)(B)(ii),
(iii).
Pub.
L.
113–128,
§ 475A(2)(B)(ii)(II), (III), added cl. (ii) and redesignated
former cl. (ii) as (iii).
Subsec. (b). Pub. L. 113–128, § 475A(3), added subsec. (b)
and struck out former subsec. (b). Prior to amendment,
text read as follows: ‘‘Not later than October 1, 1993,
the Commissioner shall develop and publish in the Federal Register indicators of minimum compliance consistent with the standards set forth in section 796f–4 of
this title.’’
Subsec. (c)(1). Pub. L. 113–128, § 475A(4)(A), substituted
‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing and struck out last sentence which read as follows:
‘‘The Administrator shall select the centers and State
units described in this paragraph for review on a random basis.’’
Subsec. (c)(2). Pub. L. 113–128, § 475A(4)(B)(i), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 113–128, § 475A(4)(B)(ii), (iii),
substituted ‘‘a review described in paragraph (1)’’ for
‘‘such a review’’ and ‘‘Department of Health and
Human Services’’ for ‘‘Department’’.
Subsec. (c)(2)(B). Pub. L. 113–128, § 475A(4)(B)(iii), substituted ‘‘Department of Health and Human Services’’
for ‘‘Department’’.

Page 321

§ 796e

TITLE 29—LABOR

Subsec. (d). Pub. L. 113–128, § 475A(5), added subsec. (d)
and struck out former subsec. (d). Prior to amendment,
text read as follows: ‘‘The Commissioner shall include,
in the annual report required under section 710 of this
title, information on the extent to which centers for
independent living receiving funds under subpart 3 have
complied with the standards and assurances set forth in
section 796f–4 of this title. The Commissioner may identify individual centers for independent living in the
analysis. The Commissioner shall report the results of
onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under this part.’’
SUBPART 2—INDEPENDENT LIVING SERVICES

§ 796e. Allotments
(a) In general
(1) States
(A) Population basis
After the reservation required by section
796e–0 of this title is made, and except as
provided in subparagraphs (B) and (C), from
the remainder of the sums appropriated for
each fiscal year to carry out this subpart,
the Administrator shall make an allotment
to each State whose State plan has been approved under section 796d–1 of this title of an
amount bearing the same ratio to such sums
as the population of the State bears to the
population of all States.
(B) Maintenance of 1992 amounts
Subject to the availability of appropriations to carry out this subpart, the amount
of any allotment made under subparagraph
(A) to a State for a fiscal year shall not be
less than the amount of an allotment made
to the State for fiscal year 1992 under part A
of this subchapter, as in effect on the day before October 29, 1992.
(C) Minimums
Subject to the availability of appropriations to carry out this subpart, and except
as provided in subparagraph (B), the allotment to any State under subparagraph (A)
shall be not less than $275,000 or 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 remainder described in paragraph (1)(A) for the
fiscal year for which the allotment is made.
(3) Adjustment for inflation
For any fiscal year, beginning in fiscal year
1999, in which the total amount appropriated

to carry out this subpart exceeds the total
amount appropriated to carry out this subpart
for the preceding fiscal year, the Administrator shall increase the minimum allotment
under paragraph (1)(C) by a percentage that
shall not exceed the percentage increase in the
total amount appropriated to carry out this
subpart between the preceding fiscal year and
the fiscal year involved.
(b) Proportional reduction
To provide allotments to States in accordance
with subsection (a)(1)(B), to provide minimum
allotments to States (as increased under subsection (a)(3)) under subsection (a)(1)(C), or to
provide minimum allotments to States under
subsection (a)(2)(B), the Administrator shall
proportionately reduce the allotments of the remaining States under subsection (a)(1)(A), with
such adjustments as may be necessary to prevent the allotment of any such remaining State
from being reduced to less than the amount required by subsection (a)(1)(B).
(c) Reallotment
Whenever the Administrator determines that
any amount of an allotment to a State for any
fiscal year will not be expended by such State in
carrying out the provisions of this subpart, the
Administrator shall make such amount available for carrying out the provisions of this subpart to one or more of the States that the Administrator determines will be able to use additional amounts during such year for carrying
out such provisions. Any amount made available
to a State for any fiscal year pursuant to the
preceding sentence shall, for the purposes of this
section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year.
(d) Administration
Funds allotted or made available to a State
under this section shall be administered by the
designated State entity, in accordance with the
approved State plan.
(Pub. L. 93–112, title VII, § 711, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1224;
amended Pub. L. 113–128, title IV, § 476(a), July
22, 2014, 128 Stat. 1690.)
Editorial Notes
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 (§ 796 et seq.) which was included
in the repeal of subchapter VII of this chapter by Pub.
L. 102–569, title VII, § 701(1), Oct. 29, 1992, 106 Stat. 4443.
PRIOR PROVISIONS
A prior section 796e, Pub. L. 93–112, title VII, § 711, as
added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106
Stat. 4450; amended Pub. L. 103–73, title I, § 114(e), Aug.
11, 1993, 107 Stat. 729, related to allotments to provide
independent living services, prior to the general
amendment of this subchapter by Pub. L. 105–220.
Another prior section 796e, Pub. L. 93–112, title VII,
§ 711, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978,
92 Stat. 2998; amended Pub. L. 98–221, title I, § 171, Feb.
22, 1984, 98 Stat. 30; Pub. L. 99–506, title I, § 103(d)(2)(C),
title VIII, §§ 804(a)(1), (b), (c), 805, Oct. 21, 1986, 100 Stat.
1810, 1838, 1839; Pub. L. 100–630, title II, § 208(f), Nov. 7,

§ 796e–0

TITLE 29—LABOR

1988, 102 Stat. 3314, related to establishment and operation of independent living centers, prior to repeal by
Pub. L. 102–569, § 701(1).
AMENDMENTS
2014—Subsec. (a)(1)(A). Pub. L. 113–128, § 476(a)(1)(A),
(2), substituted ‘‘After the reservation required by section 796e–0 of this title is made, and except’’ for ‘‘Except’’, inserted ‘‘the remainder of the’’ before ‘‘sums
appropriated’’, and substituted ‘‘Administrator’’ for
‘‘Commissioner’’.
Subsec. (a)(2)(B). Pub. L. 113–128, § 476(a)(1)(B), substituted ‘‘remainder described in paragraph (1)(A)’’ for
‘‘amounts made available for purposes of this subpart’’.
Subsecs. (a)(3) to (c). Pub. L. 113–128, § 476(a)(2), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing.
Subsec. (d). Pub. L. 113–128, § 476(a)(3), added subsec.
(d).

§ 796e–0. Training and technical assistance
(a) Reservation of funds for training and technical assistance
From the funds appropriated and made available to carry out this subpart for any fiscal
year, beginning with fiscal year 2015, the Administrator shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to
provide, either directly or through grants, contracts, or cooperative agreements, training and
technical assistance to Statewide Independent
Living Councils established under section 796d of
this title for such fiscal year.
(b) Survey of Statewide Independent Living
Councils
The Administrator shall conduct a survey of
such Statewide Independent Living Councils regarding training and technical assistance needs
in order to determine funding priorities for such
training and technical assistance.
(c) Submission of application; peer review
To be eligible to receive a grant or enter into
a contract or cooperative agreement under this
section, an entity shall submit an application to
the Administrator at such time, in such manner,
containing a proposal to provide such training
and technical assistance, and containing such
additional information, as the Administrator
may require. The Administrator shall provide
for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of
such Statewide Independent Living Councils.
(Pub. L. 93–112, title VII, § 711A, as added Pub. L.
113–128, title IV, § 476(b), July 22, 2014, 128 Stat.
1690.)
§ 796e–1. Payments to States from allotments
(a) Payments
From the allotment of each State for a fiscal
year under section 796e of this title, the State
shall be paid the Federal share of the expenditures incurred during such year under its State
plan approved under section 796d–1 of this title.
Such payments may be made (after necessary
adjustments on account of previously made
overpayments or underpayments) in advance or
by way of reimbursement, and in such installments and on such conditions as the Administrator may determine.

Page 322

(b) Federal share
(1) In general
The Federal share with respect to any State
for any fiscal year shall be 90 percent of the
expenditures incurred by the State during
such year under its State plan approved under
section 796d–1 of this title.
(2) Non-Federal share
The non-Federal share of the cost of any
project that receives assistance through an allotment under this subpart may be provided in
cash or in kind, fairly evaluated, including
plant, equipment, or services.
(Pub. L. 93–112, title VII, § 712, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1225;
amended Pub. L. 113–128, title IV, § 476(c), July
22, 2014, 128 Stat. 1691.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796e–1, Pub. L. 93–112, title VII, § 712,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4451; amended Pub. L. 103–73, title I, § 114(f),
Aug. 11, 1993, 107 Stat. 730, related to payments to
States from allotments, prior to the general amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128 substituted ‘‘Administrator’’ for ‘‘Commissioner’’.

§ 796e–2. Authorized uses of funds
(a) In general
The State may use funds received under this
subpart to provide the resources described in
section 796d(e) of this title (but may not use
more than 30 percent of the funds paid to the
State under section 796e–1 of this title for such
resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under section
796d–1 of this title), relating to the Statewide
Independent Living Council, may retain funds
under section 796c(c)(5) of this title, and shall
distribute the remainder of the funds received
under this subpart in a manner consistent with
the approved State plan for the activities described in subsection (b).
(b) Activities
The State may use the remainder of the funds
described in subsection (a)—
(1) to provide independent living services to
individuals with significant disabilities, particularly those in unserved areas of the State;
(2) to demonstrate ways to expand and improve independent living services;
(3) to support the operation of centers for
independent living that are in compliance
with the standards and assurances set forth in
subsections (b) and (c) of section 796f–4 of this
title;
(4) to support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing independent living services;
(5) to conduct studies and analyses, gather
information, develop model policies and proce-

Page 323

TITLE 29—LABOR

dures, and present information, approaches,
strategies, findings, conclusions, and recommendations to Federal, State, and local
policymakers in order to enhance independent
living services for individuals with disabilities;
(6) to train individuals with disabilities and
individuals providing services to individuals
with disabilities and other persons regarding
the independent living philosophy; and
(7) to provide outreach to populations that
are unserved or underserved by programs
under this subchapter, including minority
groups and urban and rural populations.
(Pub. L. 93–112, title VII, § 713, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1226;
amended Pub. L. 113–128, title IV, § 476(d), July
22, 2014, 128 Stat. 1691.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796e–2, Pub. L. 93–112, title VII, § 713,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4451; amended Pub. L. 103–73, title I, § 114(g),
Aug. 11, 1993, 107 Stat. 730, related to authorized uses of
funds, prior to the general amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Pub. L. 113–128 added subsec. (a), redesignated
existing provisions as subsec. (b), in introductory provisions, substituted ‘‘The State may use the remainder of
the funds described in subsection (a)—’’ for ‘‘The State
may use funds received under this subpart to provide
the resources described in section 796d(e) of this title,
relating to the Statewide Independent Living Council,
and may use funds received under this subpart—’’ and,
in par. (1), inserted ‘‘, particularly those in unserved
areas of the State’’ after ‘‘disabilities’’.

§ 796e–3. Authorization of appropriations
There are authorized to be appropriated to
carry out this subpart $22,878,000 for fiscal year
2015, $24,645,000 for fiscal year 2016, $25,156,000 for
fiscal year 2017, $25,714,000 for fiscal year 2018,
$26,319,000 for fiscal year 2019, and $26,877,000 for
fiscal year 2020.
(Pub. L. 93–112, title VII, § 714, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1226;
amended Pub. L. 113–128, title IV, § 476(e), July
22, 2014, 128 Stat. 1691.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796e–3, Pub. L. 93–112, title VII, § 714,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4452, authorized appropriations, prior to the
general amendment of this subchapter by Pub. L.
105–220.
AMENDMENTS
2014—Pub. L. 113–128 substituted ‘‘$22,878,000 for fiscal
year 2015, $24,645,000 for fiscal year 2016, $25,156,000 for
fiscal year 2017, $25,714,000 for fiscal year 2018, $26,319,000
for fiscal year 2019, and $26,877,000 for fiscal year 2020.’’
for ‘‘such sums as may be necessary for each of the fiscal years 1999 through 2003.’’

§ 796f

SUBPART 3—CENTERS FOR INDEPENDENT LIVING

§ 796f. Program authorization
(a) In general
From the funds appropriated for fiscal year
2015 and for each subsequent fiscal year to carry
out this subpart, the Administrator shall make
available such sums as may be necessary to
States, centers for independent living, and other
entities in accordance with subsections (b)
through (d).
(b) Training
(1) Grants; contracts; cooperative agreements
From the funds appropriated to carry out
this subpart for any fiscal year, beginning
with fiscal year 2015, the Administrator shall
first reserve not less than 1.8 percent and not
more than 2 percent of the funds, to provide
training and technical assistance to centers
for independent living and eligible agencies for
such fiscal year.
(2) Allocation
From the funds reserved under paragraph (1),
the Administrator shall make grants to, or
enter into contracts or cooperative agreements with, entities that have experience in
the operation of centers for independent living
to provide such training and technical assistance with respect to fiscal management of,1
planning, developing, conducting, administering, and evaluating centers for independent living.
(3) Funding priorities
The Administrator shall conduct a survey of
centers for independent living regarding training and technical assistance needs in order to
determine funding priorities for such grants,
contracts, and other arrangements.
(4) Review
To be eligible to receive a grant or enter
into a contract or cooperative agreement
under this subsection, such an entity shall
submit an application to the Administrator at
such time, in such manner, and containing a
proposal to provide such training and technical assistance, and containing such additional information as the Administrator may
require. The Administrator shall provide for
peer review of grant applications by panels
that include persons who are not government
employees and who have experience in the operation of centers for independent living.
(5) Prohibition on combined funds
No funds reserved by the Administrator
under this subsection may be combined with
funds appropriated under any other Act or
part of this chapter if the purpose of combining funds is to make a single discretionary
grant or a single discretionary payment, unless such funds appropriated under this part
are separately identified in such grant or payment and are used for the purposes of this
part.
1 So

in original.

§ 796f

TITLE 29—LABOR

(c) In general
(1) States
(A) Population basis
After the reservation required by subsection (b) has been made, and except as provided in subparagraphs (B) and (C), from the
remainder of the amounts appropriated for
each such fiscal year to carry out this subpart, the Administrator shall make an allotment to each State whose State plan has
been approved under section 796d–1 of this
title of an amount bearing the same ratio to
such remainder as the population of the
State bears to the population of all States.
(B) Maintenance of 1992 amounts
Subject to the availability of appropriations to carry out this subpart, the amount
of any allotment made under subparagraph
(A) to a State for a fiscal year shall not be
less than the amount of financial assistance
received by centers for independent living in
the State for fiscal year 1992 under part B of
this subchapter, as in effect on the day before October 29, 1992.
(C) Minimums
Subject to the availability of appropriations to carry out this subpart and except as
provided in subparagraph (B), for a fiscal
year in which the amounts appropriated to
carry out this subpart exceed the amounts
appropriated for fiscal year 1992 to carry out
part B of this subchapter, as in effect on the
day before October 29, 1992—
(i) if such excess is not less than
$8,000,000, the allotment to any State
under subparagraph (A) shall be not less
than $450,000 or 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.

Page 324

(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 Administrator shall increase the minimum allotment
under paragraph (1)(C) by a percentage that
shall not exceed the percentage increase in the
total amount appropriated to carry out this
subpart between the preceding fiscal year and
the fiscal year involved.
(4) Proportional reduction
To provide allotments to States in accordance with paragraph (1)(B), to provide minimum allotments to States (as increased under
paragraph (3)) under paragraph (1)(C), or to
provide minimum allotments to States under
paragraph (2)(B), the Administrator shall proportionately reduce the allotments of the remaining States under paragraph (1)(A), with
such adjustments as may be necessary to prevent the allotment of any such remaining
State from being reduced to less than the
amount required by paragraph (1)(B).
(d) Reallotment
Whenever the Administrator determines that
any amount of an allotment to a State for any
fiscal year will not be expended by such State
for carrying out the provisions of this subpart,
the Administrator shall make such amount
available for carrying out the provisions of this
subpart to one or more of the States that the
Administrator determines will be able to use additional amounts during such year for carrying
out such provisions. Any amount made available
to a State for any fiscal year pursuant to the
preceding sentence shall, for the purposes of this
section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year.
(Pub. L. 93–112, title VII, § 721, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1226;
amended Pub. L. 113–128, title IV, § 481, July 22,
2014, 128 Stat. 1691.)
Editorial Notes
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 (§ 796e) which was included in the
repeal of subchapter VII of this chapter by Pub. L.
102–569, title VII, § 701(1), Oct. 29, 1992, 106 Stat. 4443.
PRIOR PROVISIONS
A prior section 796f, Pub. L. 93–112, title VII, § 721, as
added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992, 106
Stat. 4452; amended Pub. L. 103–73, title I, § 114(h), Aug.
11, 1993, 107 Stat. 730, authorized program to assist centers for independent living, prior to the general amendment of this subchapter by Pub. L. 105–220.
Another prior section 796f, Pub. L. 93–112, title VII,
§ 721, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978,

Page 325

TITLE 29—LABOR

92 Stat. 2999; amended Pub. L. 99–506, title X,
§ 1001(g)(4), Oct. 21, 1986, 100 Stat. 1843; Pub. L. 100–630,
title II, § 208(g), Nov. 7, 1988, 102 Stat. 3314, related to establishment of independent living service programs for
older blind individuals, prior to repeal by Pub. L.
102–569, § 701(1).
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128, § 481(1), substituted
‘‘2015’’ for ‘‘1999’’ and ‘‘Administrator shall make available’’ for ‘‘Commissioner shall allot’’ and inserted
‘‘, centers for independent living,’’ after ‘‘States’’.
Subsec. (b)(1). Pub. L. 113–128, § 481(2)(A), in heading,
substituted ‘‘cooperative agreements’’ for ‘‘other arrangements’’, and in text, substituted ‘‘From the funds
appropriated to carry out this subpart for any fiscal
year, beginning with fiscal year 2015, the Administrator’’ for ‘‘For any fiscal year in which the funds appropriated to carry out this subpart exceed the funds
appropriated to carry out this subpart for fiscal year
1993, the Commissioner’’, ‘‘reserve not less than 1.8 percent and not more than 2 percent of the funds’’ for ‘‘reserve from such excess’’, and ‘‘centers for independent
living and eligible agencies for such fiscal year.’’ for
‘‘eligible agencies, centers for independent living, and
Statewide Independent Living Councils for such fiscal
year, not less than 1.8 percent, and not more than 2 percent, of the funds appropriated to carry out this subpart for the fiscal year involved.’’
Subsec. (b)(2). Pub. L. 113–128, § 481(2)(B), substituted
‘‘Administrator shall make grants to, or enter into
contracts or cooperative agreements with,’’ for ‘‘Commissioner shall make grants to, and enter into contracts and other arrangements with,’’ and inserted ‘‘fiscal management of,’’ before ‘‘planning,’’.
Subsec. (b)(3). Pub. L. 113–128, § 481(2)(C), (D), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ and
struck out ‘‘Statewide Independent Living Councils
and’’ before ‘‘centers’’.
Subsec. (b)(4). Pub. L. 113–128, § 481(3), which directed
substitution of ‘‘cooperative agreement’’ for ‘‘other arrangement’’ in par. (4), was executed by making the
substitution in par. (4) of subsec. (b) to reflect the probable intent of Congress.
Pub. L. 113–128, § 481(2)(C), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing.
Subsec. (b)(5). Pub. L. 113–128, § 481(2)(C), substituted
‘‘Administrator’’ for ‘‘Commissioner’’.
Subsec. (c). Pub. L. 113–128, § 481(4), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing.
Subsec. (d). Pub. L. 113–128, § 481(5), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing.

§ 796f–1. Grants to centers for independent living
in States in which Federal funding exceeds
State funding
(a) Establishment
(1) In general
Unless the director of a designated State
unit awards grants under section 796f–2 of this
title to eligible agencies in a State for a fiscal
year, the Administrator shall award grants
under this section to such eligible agencies for
such fiscal year from the amount of funds allotted to the State under subsection (c) or (d)
of section 796f of this title for such year.
(2) Grants
The Administrator shall award such grants,
from the amount of funds so allotted, to such
eligible agencies for the planning, conduct, administration, and evaluation of centers for
independent living that comply with the
standards and assurances set forth in section
796f–4 of this title.
(b) Eligible agencies
In any State in which the Administrator has
approved the State plan required by section 796c

§ 796f–1

of this title, the Administrator may make a
grant under this section to any eligible agency
that—
(1) has the power and authority to carry out
the purpose of this subpart and perform the
functions set forth in section 796f–4 of this
title within a community and to receive and
administer funds under this subpart, funds and
contributions from private or public sources
that may be used in support of a center for
independent living, and funds from other public and private programs;
(2) is determined by the Administrator to be
able to plan, conduct, administer, and evaluate a center for independent living consistent
with the standards and assurances set forth in
section 796f–4 of this title; and
(3) submits an application to the Administrator at such time, in such manner, and containing such information as the Administrator
may require.
(c) Existing eligible agencies
In the administration of the provisions of this
section, the Administrator shall award grants
for a fiscal year to any eligible agency that has
been awarded a grant under this subpart for the
preceding fiscal year, unless the Administrator
makes a finding that the agency involved fails
to meet program and fiscal standards and assurances set forth in section 796f–4 of this title.
(d) New centers for independent living
(1) In general
If there is no center for independent living
serving a region of the State or a region is underserved, and the increase in the allotment of
the State is sufficient to support an additional
center for independent living in the State, the
Administrator may award a grant under this
section to the most qualified applicant proposing to serve such region. The Administrator’s determination of the most qualified applicant shall be consistent with the provisions
in the State plan setting forth the design of
the State for establishing a statewide network
of centers for independent living.
(2) Selection
In selecting from among applicants for a
grant under this section for a new center for
independent living, the Administrator—
(A) shall consider comments regarding the
application—
(i) by individuals with disabilities and
other interested parties within the new region proposed to be served; and
(ii) if any, by the Statewide Independent
Living Council in the State in which the
applicant is located;
(B) shall consider the ability of each such
applicant to operate a center for independent living based on—
(i) evidence of the need for such a center;
(ii) any past performance of such applicant in providing services comparable to
independent living services;
(iii) the plan for satisfying or demonstrated success in satisfying the standards and the assurances set forth in section 796f–4 of this title;

§ 796f–1

TITLE 29—LABOR

(iv) the quality of key personnel and the
involvement of individuals with significant disabilities;
(v) budgets and cost-effectiveness;
(vi) an evaluation plan; and
(vii) the ability of such applicant to
carry out the plans; and
(C) shall give priority to applications from
applicants proposing to serve geographic
areas within each State that are currently
unserved or underserved by independent living programs, consistent with the provisions
of the State plan submitted under section
796c of this title regarding establishment of
a statewide network of centers for independent living.
(3) Current centers
Notwithstanding paragraphs (1) and (2), a
center for independent living that receives assistance under subpart 2 for a fiscal year shall
be eligible for a grant for the subsequent fiscal
year under this subsection.
(e) Order of priorities
The Administrator shall be guided by the following order of priorities in allocating funds
among centers for independent living within a
State, to the extent funds are available:
(1) The Administrator shall support existing
centers for independent living, as described in
subsection (c), that comply with the standards
and assurances set forth in section 796f–4 of
this title, at the level of funding for the previous year.
(2) The Administrator shall provide for a
cost-of-living increase for such existing centers for independent living.
(3) The Administrator shall fund new centers
for independent living, as described in subsection (d), that comply with the standards
and assurances set forth in section 796f–4 of
this title.
(f) Nonresidential agencies
A center that provides or manages residential
housing after October 1, 1994, shall not be considered to be an eligible agency under this section.
(g) Review
(1) In general
The Administrator shall periodically review
each center receiving funds under this section
to determine whether such center is in compliance with the standards and assurances set
forth in section 796f–4 of this title. If the Administrator determines that any center receiving funds under this section is not in compliance with the standards and assurances set
forth in section 796f–4 of this title, the Administrator shall immediately notify such center
that it is out of compliance.
(2) Enforcement
The Administrator shall terminate all funds
under this section to such center 90 days after
the date of such notification unless the center
submits a plan to achieve compliance within
90 days of such notification and such plan is
approved by the Administrator.
(Pub. L. 93–112, title VII, § 722, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1229;

Page 326

amended Pub. L. 113–128, title IV, § 482(a), July
22, 2014, 128 Stat. 1692.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796f–1, Pub. L. 93–112, title VII, § 722,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4456; amended Pub. L. 103–73, title I, § 114(i),
Aug. 11, 1993, 107 Stat. 731, related to grants to centers
for independent living in States in which Federal funding exceeds State funding, prior to the general amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsecs. (a), (b). Pub. L. 113–128, § 482(a)(1), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing.
Subsec. (c). Pub. L. 113–128, § 482(a)(1), (2), substituted
‘‘Administrator’’ for ‘‘Commissioner’’ in two places,
‘‘grants for a fiscal year’’ for ‘‘grants’’, and ‘‘for the
preceding fiscal year’’ for ‘‘by September 30, 1997’’.
Subsec. (d)(1). Pub. L. 113–128, § 482(a)(3)(A), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ and ‘‘region. The Administrator’s determination of the most
qualified applicant shall be consistent with the provisions in the State plan setting forth the design of the
State for establishing a statewide network of centers
for independent living.’’ for ‘‘region, consistent with
the provisions in the State plan setting forth the design of the State for establishing a statewide network
of centers for independent living.’’
Subsec. (d)(2). Pub. L. 113–128, § 482(a)(3)(B)(i), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 113–128, § 482(a)(3)(B)(ii),
added subpar. (A) and struck out former subpar. (A).
Prior to amendment, text read as follows: ‘‘shall consider comments regarding the application, if any, by
the Statewide Independent Living Council in the State
in which the applicant is located;’’.
Subsecs. (e), (g). Pub. L. 113–128, § 482(a)(4), which directed substitution of ‘‘Administrator.’’ for ‘‘Commissioner’’ wherever appearing, was executed by substituting ‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
GRANTS TO CENTERS FOR INDEPENDENT LIVING IN
STATES IN WHICH FEDERAL FUNDING EXCEEDS STATE
FUNDING
Pub. L. 111–213, § 2(a), July 29, 2010, 124 Stat. 2343, provided that:
‘‘(1) IN GENERAL.—If the conditions described in paragraph (2) are satisfied with respect to a State, in awarding funds to existing centers for independent living (described in section 722(c) of the Rehabilitation Act of
1973 (29 U.S.C. 796f–1(c))) in the State, the Commissioner of the Rehabilitation Services Administration—
‘‘(A) in fiscal year 2010—
‘‘(i) shall distribute among such centers funds appropriated for the centers for independent living
program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.) by any Act
other than the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) in the same proportion as such funds were distributed among such
centers in the State in fiscal year 2009, notwithstanding section 722(e) of the Rehabilitation Act of
1973 (29 U.S.C. 796f–1(e)) and any contrary provision
of a State plan submitted under section 704 of such
Act (29 U.S.C. 796c); and
‘‘(ii) shall disregard any funds provided to such
centers from funds appropriated by the American
Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of

Page 327

TITLE 29—LABOR

title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.); and
‘‘(B) in fiscal year 2011 and subsequent fiscal years,
shall disregard any funds provided to such centers
from funds appropriated by the American Recovery
and Reinvestment Act of 2009 (Public Law 111–5) for
the centers for independent living program under
part C of title VII of the Rehabilitation Act of 1973 (29
U.S.C. 796f et seq.).
‘‘(2) CONDITIONS.—The conditions described in this
paragraph are the following:
‘‘(A) The Commissioner receives a request from the
State, not later than August 5, 2010, jointly signed by
the State’s designated State unit (referred to in section 704(c) of such Act (29 U.S.C. 796c(c))) and the
State’s Statewide Independent Living Council (established under section 705 of such Act (29 U.S.C. 796d)),
for the Commissioner to disregard any funds provided
to centers for independent living in the State from
funds appropriated by the American Recovery and
Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of
the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.).
‘‘(B) The Commissioner is not conducting a competition to establish a new part C center for independent living with funds appropriated by the American Recovery and Reinvestment Act of 2009 in the
State.’’

§ 796f–2. Grants to centers for independent living
in States in which State funding equals or
exceeds Federal funding
(a) Establishment
(1) In general
(A) Initial year
(i) Determination
The director of a designated State unit,
as provided in paragraph (2), or the Administrator, as provided in paragraph (3), shall
award grants under this section for an initial fiscal year if the Administrator determines that the amount of State funds that
were earmarked by a State for a preceding
fiscal year to support the general operation of centers for independent living
meeting the requirements of this subpart
equaled or exceeded the amount of funds
allotted to the State under subsection (c)
or (d) of section 796f of this title for such
year.
(ii) Grants
The director of a designated State unit
or the Administrator, as appropriate, shall
award such grants, from the amount of
funds so allotted for the initial fiscal year,
to eligible agencies in the State for the
planning, conduct, administration, and
evaluation of centers for independent living that comply with the standards and assurances set forth in section 796f–4 of this
title.
(iii) Regulation
The Administrator shall by regulation
specify the preceding fiscal year with respect to which the Administrator will
make the determinations described in
clause (i) and subparagraph (B), making
such adjustments as may be necessary to
accommodate State funding cycles such as
2-year funding cycles or State fiscal years
that do not coincide with the Federal fiscal year.

§ 796f–2

(B) Subsequent years
For each year subsequent to the initial fiscal year described in subparagraph (A), the
director of the designated State unit shall
continue to have the authority to award
such grants under this section if the Administrator determines that the State continues
to earmark the amount of State funds described in subparagraph (A)(i). If the State
does not continue to earmark such an
amount for a fiscal year, the State shall be
ineligible to make grants under this section
after a final year following such fiscal year,
as defined in accordance with regulations established by the Administrator, and for each
subsequent fiscal year.
(2) Grants by designated State units
In order for the designated State unit to be
eligible to award the grants described in paragraph (1) and carry out this section for a fiscal
year with respect to a State, the designated
State agency shall submit an application to
the Administrator at such time, and in such
manner as the Administrator may require, including information about the amount of
State funds described in paragraph (1) for the
preceding fiscal year. If the Administrator
makes a determination described in subparagraph (A)(i) or (B), as appropriate, of paragraph (1), the Administrator shall approve the
application and designate the director of the
designated State unit to award the grant and
carry out this section.
(3) Grants by Administrator
If the designated State agency of a State described in paragraph (1) does not submit and
obtain approval of an application under paragraph (2), the Administrator shall award the
grant described in paragraph (1) to eligible
agencies in the State in accordance with section 796f–1 of this title.
(b) Eligible agencies
In any State in which the Administrator has
approved the State plan required by section 796c
of this title, the director of the designated State
unit may award a grant under this section to
any eligible agency that—
(1) has the power and authority to carry out
the purpose of this subpart and perform the
functions set forth in section 796f–4 of this
title within a community and to receive and
administer funds under this subpart, funds and
contributions from private or public sources
that may be used in support of a center for
independent living, and funds from other public and private programs;
(2) is determined by the director to be able
to plan, conduct, administer, and evaluate a
center for independent living, consistent with
the standards and assurances set forth in section 796f–4 of this title; and
(3) submits an application to the director at
such time, in such manner, and containing
such information as the head of the designated
State unit may require.
(c) Existing eligible agencies
In the administration of the provisions of this
section, the director of the designated State

§ 796f–2

TITLE 29—LABOR

unit shall award grants for a fiscal year under
this section to any eligible agency that has been
awarded a grant under this subpart for the preceding fiscal year, unless the director makes a
finding that the agency involved fails to comply
with the standards and assurances set forth in
section 796f–4 of this title.
(d) New centers for independent living
(1) In general
If there is no center for independent living
serving a region of the State or the region is
unserved or underserved, and the increase in
the allotment of the State is sufficient to support an additional center for independent living in the State, the director of the designated
State unit may award a grant under this section from among eligible agencies, consistent
with the provisions of the State plan under
section 796c of this title setting forth the design of the State for establishing a statewide
network of centers for independent living.
(2) Selection
In selecting from among eligible agencies in
awarding a grant under this subpart for a new
center for independent living—
(A) the director of the designated State
unit and the chairperson of, or other individual designated by, the Statewide Independent Living Council acting on behalf of
and at the direction of the Council, shall
jointly appoint a peer review committee
that shall rank applications in accordance
with the standards and assurances set forth
in section 796f–4 of this title and criteria
jointly established by such director and such
chairperson or individual;
(B) the peer review committee shall consider the ability of each such applicant to
operate a center for independent living, and
shall recommend an applicant to receive a
grant under this section, based on—
(i) evidence of the need for a center for
independent living, consistent with the
State plan;
(ii) any past performance of such applicant in providing services comparable to
independent living services;
(iii) the plan for complying with, or demonstrated success in complying with, the
standards and the assurances set forth in
section 796f–4 of this title;
(iv) the quality of key personnel of the
applicant and the involvement of individuals with significant disabilities by the applicant;
(v) the budgets and cost-effectiveness of
the applicant;
(vi) the evaluation plan of the applicant;
and
(vii) the ability of such applicant to
carry out the plans; and
(C) the director of the designated State
unit shall award the grant on the basis of
the recommendations of the peer review
committee if the actions of the committee
are consistent with Federal and State law.
(3) Current centers
Notwithstanding paragraphs (1) and (2), a
center for independent living that receives as-

Page 328

sistance under subpart 2 for a fiscal year shall
be eligible for a grant for the subsequent fiscal
year under this subsection.
(e) Order of priorities
Unless the director of the designated State
unit and the chairperson of the Council or other
individual designated by the Council acting on
behalf of and at the direction of the Council
jointly agree on another order of priority, the
director shall be guided by the following order of
priorities in allocating funds among centers for
independent living within a State, to the extent
funds are available:
(1) The director of the designated State unit
shall support existing centers for independent
living, as described in subsection (c), that
comply with the standards and assurances set
forth in section 796f–4 of this title, at the level
of funding for the previous year.
(2) The director of the designated State unit
shall provide for a cost-of-living increase for
such existing centers for independent living.
(3) The director of the designated State unit
shall fund new centers for independent living,
as described in subsection (d), that comply
with the standards and assurances set forth in
section 796f–4 of this title.
(f) Nonresidential agencies
A center that provides or manages residential
housing after October 1, 1994, shall not be considered to be an eligible agency under this section.
(g) Review
(1) In general
The director of the designated State unit
shall periodically review each center receiving
funds under this section to determine whether
such center is in compliance with the standards and assurances set forth in section 796f–4
of this title. If the director of the designated
State unit determines that any center receiving funds under this section is not in compliance with the standards and assurances set
forth in section 796f–4 of this title, the director
of the designated State unit shall immediately
notify such center that it is out of compliance.
(2) Enforcement
The director of the designated State unit
shall terminate all funds under this section to
such center 90 days after—
(A) the date of such notification; or
(B) in the case of a center that requests an
appeal under subsection (i), the date of any
final decision under subsection (i),
unless the center submits a plan to achieve
compliance within 90 days and such plan is approved by the director, or if appealed, by the
Administrator.
(h) Onsite compliance review
The director of the designated State unit shall
annually conduct onsite compliance reviews of
at least 15 percent of the centers for independent
living that receive funding under this section in
the State. Each team that conducts onsite compliance review of centers for independent living
shall include at least one person who is not an
employee of the designated State agency, who

Page 329

§ 796f–4

TITLE 29—LABOR

has experience in the operation of centers for
independent living, and who is jointly selected
by the director of the designated State unit and
the chairperson of or other individual designated by the Council acting on behalf of and
at the direction of the Council. A copy of this
review shall be provided to the Administrator.
(i) Adverse actions
If the director of the designated State unit
proposes to take a significant adverse action
against a center for independent living, the center may seek mediation and conciliation to be
provided by an individual or individuals who are
free of conflicts of interest identified by the
chairperson of or other individual designated by
the Council. If the issue is not resolved through
the mediation and conciliation, the center may
appeal the proposed adverse action to the Administrator for a final decision.
(Pub. L. 93–112, title VII, § 723, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1231;
amended Pub. L. 113–128, title IV, § 482(b), July
22, 2014, 128 Stat. 1693.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796f–2, Pub. L. 93–112, title VII, § 723,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4458; amended Pub. L. 103–73, title I, § 114(j),
Aug. 11, 1993, 107 Stat. 731, related to grants to centers
for independent living in States in which State funding
equals or exceeds Federal funding, prior to the general
amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128, § 482(b)(1), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing in text.
Subsec. (a)(1)(A)(ii). Pub. L. 113–128, § 482(b)(2)(A), inserted ‘‘of a designated State unit’’ after ‘‘director’’.
Subsec. (a)(3). Pub. L. 113–128, § 482(b)(2)(B), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ in heading.
Subsec. (b). Pub. L. 113–128, § 482(b)(1), substituted
‘‘Administrator’’ for ‘‘Commissioner’’ in introductory
provisions.
Subsec. (c). Pub. L. 113–128, § 482(b)(3), substituted
‘‘grants for a fiscal year’’ for ‘‘grants’’ and ‘‘for the preceding fiscal year’’ for ‘‘by September 30, 1997’’.
Subsecs. (g)(2), (h), (i). Pub. L. 113–128, § 482(b)(1), substituted ‘‘Administrator’’ for ‘‘Commissioner’’.
Statutory Notes and Related Subsidiaries
GRANTS TO CENTERS FOR INDEPENDENT LIVING IN
STATES IN WHICH STATE FUNDING EQUALS OR EXCEEDS FEDERAL FUNDING
Pub. L. 111–213, § 2(b), July 29, 2010, 124 Stat. 2344, provided that: ‘‘In awarding funds to existing centers for
independent living (described in section 723(c) of the
Rehabilitation Act of 1973 (29 U.S.C. 796f–2(c))) in a
State, the director of the designated State unit that
has approval to make such awards—
‘‘(1) in fiscal year 2010—
‘‘(A) may distribute among such centers funds appropriated for the centers for independent living
program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.) by any Act
other than the American Recovery and Reinvestment Act of 2009 [Pub. L. 111–5] in the same proportion as such funds were distributed among such
centers in the State in fiscal year 2009, notwithstanding section 723(e) of the Rehabilitation Act of

1973 (29 U.S.C. 796f–2(e)) and any contrary provision
of a State plan submitted under section 704 of such
Act (29 U.S.C. 796c); and
‘‘(B) may disregard any funds provided to such
centers from funds appropriated by the American
Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of
title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.); and
‘‘(2) in fiscal year 2011 and subsequent fiscal years,
may disregard any funds provided to such centers
from funds appropriated by the American Recovery
and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of
the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.).’’

§ 796f–3. Centers operated by State agencies
A State that receives assistance for fiscal year
2015 with respect to a center in accordance with
subsection (a) of this section (as in effect on the
day before July 22, 2014) may continue to receive
assistance under this subpart for fiscal year 2015
or a succeeding fiscal year if, for such fiscal
year—
(1) no nonprofit private agency—
(A) submits an acceptable application to
operate a center for independent living for
the fiscal year before a date specified by the
Administrator; and
(B) obtains approval of the application
under section 796f–1 or 796f–2 of this title; or
(2) after funding all applications so submitted and approved, the Administrator determines that funds remain available to provide
such assistance.
(Pub. L. 93–112, title VII, § 724, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1234;
amended Pub. L. 113–128, title IV, § 482(c), July
22, 2014, 128 Stat. 1693.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796f–3, Pub. L. 93–112, title VII, § 724,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4461; amended Pub. L. 103–73, title I, § 114(k),
Aug. 11, 1993, 107 Stat. 731, related to centers operated
by State agencies, prior to the general amendment of
this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Pub. L. 113–128, § 482(c)(1), in introductory provisions, substituted ‘‘2015’’ for ‘‘1993’’ in two places and
‘‘July 22, 2014’’ for ‘‘August 7, 1998’’.
Pars. (1)(A), (2). Pub. L. 113–128, § 482(c)(2), substituted
‘‘Administrator’’ for ‘‘Commissioner’’.

§ 796f–4. Standards and assurances for centers
for independent living
(a) In general
Each center for independent living that receives assistance under this subpart shall comply with the standards set out in subsection (b)
and provide and comply with the assurances set
out in subsection (c) in order to ensure that all
programs and activities under this subpart are
planned, conducted, administered, and evaluated
in a manner consistent with the purposes of this
part and the objective of providing assistance effectively and efficiently.
(b) Standards
(1) Philosophy
The center shall promote and practice the
independent living philosophy of—

§ 796f–4

TITLE 29—LABOR

(A) consumer control of the center regarding decisionmaking, service delivery, management, and establishment of the policy
and direction of the center;
(B) self-help and self-advocacy;
(C) development of peer relationships and
peer role models; and
(D) equal access for individuals with significant disabilities, within their communities, to all services, programs, activities,
resources, and facilities, whether public or
private and regardless of the funding source.
(2) Provision of services
The center shall provide services to individuals with a range of significant disabilities.
The center shall provide services on a crossdisability basis (for individuals with all different types of significant disabilities, including individuals with significant disabilities
who are members of populations that are
unserved or underserved by programs under
this subchapter). Eligibility for services at
any center for independent living shall be determined by the center, and shall not be based
on the presence of any one or more specific
significant disabilities.
(3) Independent living goals
The center shall facilitate the development
and achievement of independent living goals
selected by individuals with significant disabilities who seek such assistance by the center.
(4) Community options
The center shall work to increase the availability and improve the quality of community
options for independent living in order to facilitate the development and achievement of
independent living goals by individuals with
significant disabilities.
(5) Independent living core services
The center shall provide independent living
core services and, as appropriate, a combination of any other independent living services.
(6) Activities to increase community capacity
The center shall conduct activities to increase the capacity of communities within the
service area of the center to meet the needs of
individuals with significant disabilities.
(7) Resource development activities
The center shall conduct resource development activities to obtain funding from sources
other than this part.
(c) Assurances
The eligible agency shall provide at such time
and in such manner as the Administrator may
require, such satisfactory assurances as the Administrator may require, including satisfactory
assurances that—
(1) the applicant is an eligible agency;
(2) the center will be designed and operated
within local communities by individuals with
disabilities, including an assurance that the
center will have a Board that is the principal
governing body of the center and a majority of
which shall be composed of individuals with
significant disabilities;

Page 330

(3) the applicant will comply with the standards set forth in subsection (b);
(4) the applicant will establish clear priorities through annual and 3-year program and
financial planning objectives for the center,
including overall goals or a mission for the
center, a work plan for achieving the goals or
mission, specific objectives, service priorities,
and types of services to be provided, and a description that shall demonstrate how the proposed activities of the applicant are consistent
with the most recent 3-year State plan under
section 796c of this title;
(5) the applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ
and advance in employment qualified individuals with significant disabilities on the same
terms and conditions required with respect to
the employment of individuals with disabilities under section 793 of this title;
(6) the applicant will ensure that the majority of the staff, and individuals in decisionmaking positions, of the applicant are individuals with disabilities;
(7) the applicant will practice sound fiscal
management;
(8) the applicant will conduct annual selfevaluations, 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 ap-

Page 331

§ 796j–1

TITLE 29—LABOR

proved grant application and the annual report required under paragraph (8);
(13) the center will prepare and submit a report to the designated State unit or the Administrator, as the case may be, at the end of
each fiscal year that contains the information
described in paragraph (8) and information regarding the extent to which the center is in
compliance with the standards set forth in
subsection (b); and
(14) an independent living plan described in
section 796c(e) of this title will be developed
unless the individual who would receive services under the plan signs a waiver stating that
such a plan is unnecessary.
(Pub. L. 93–112, title VII, § 725, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1234;
amended Pub. L. 105–332, § 5(c), Oct. 31, 1998, 112
Stat. 3127; Pub. L. 113–128, title IV, § 483, July 22,
2014, 128 Stat. 1693.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796f–4, Pub. L. 93–112, title VII, § 725,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4462; amended Pub. L. 103–73, title I, § 114(l),
Aug. 11, 1993, 107 Stat. 731, related to standards and assurances for centers for independent living, prior to the
general amendment of this subchapter by Pub. L.
105–220.
AMENDMENTS
2014—Subsec. (b)(1)(D). Pub. L. 113–128, § 483(1), substituted ‘‘access for’’ for ‘‘access of’’ and ‘‘, within
their communities,’’ for ‘‘to society and’’.
Subsec. (c). Pub. L. 113–128, § 483(2), substituted ‘‘Administrator’’ for ‘‘Commissioner’’ wherever appearing.
1998—Subsec. (c)(7). Pub. L. 105–332 substituted ‘‘management;’’ for ‘‘management, including making arrangements for an annual independent fiscal audit, notwithstanding section 7502(a)(2)(A) of title 31;’’.

§ 796f–5. ‘‘Eligible agency’’ defined
As used in this subpart, the term ‘‘eligible
agency’’ means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency.
(Pub. L. 93–112, title VII, § 726, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237.)

Editorial Notes
PRIOR PROVISIONS
A prior section 796f–6, Pub. L. 93–112, title VII, § 727,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4464, authorized appropriations, prior to the
general amendment of this subchapter by Pub. L.
105–220.
Prior sections 796g to 796i were repealed by Pub. L.
102–569, title VII, § 701(1), Oct. 29, 1992, 106 Stat. 4443.
Section 796g, Pub. L. 93–112, title VII, § 731, as added
Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 3000;
amended Pub. L. 99–506, title I, § 103(h)(2), Oct. 21, 1986,
100 Stat. 1811; Pub. L. 100–630, title II, § 208(h), Nov. 7,
1988, 102 Stat. 3314, provided for grants to States to establish systems to protect and advocate for rights of
individuals with severe handicaps.
Section 796h, Pub. L. 93–112, title VII, § 732, as added
Pub. L. 95–602, title III, § 301, Nov. 6, 1978, 92 Stat. 3000;
amended Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21,
1986, 100 Stat. 1810, related to affirmative action on part
of recipients of assistance to employ and advance in
employment qualified individuals with handicaps.
Section 796i, Pub. L. 93–112, title VII, § 741, formerly
§ 731, as added Pub. L. 95–602, title III, § 301, Nov. 6, 1978,
92 Stat. 3001; renumbered § 741 and amended Pub. L.
98–221, title I, § 172(a)(1), (b), Feb. 22, 1984, 98 Stat. 32;
Pub. L. 99–506, title VIII, § 806, Oct. 21, 1986, 100 Stat.
1840; Pub. L. 100–630, title II, § 208(i), Nov. 7, 1988, 102
Stat. 3315; Pub. L. 102–52, § 8, June 6, 1991, 105 Stat. 262,
provided for appropriations.
AMENDMENTS
2014—Pub. L. 113–128 substituted ‘‘$78,305,000 for fiscal
year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for
fiscal year 2017, $88,013,000 for fiscal year 2018, $90,083,000
for fiscal year 2019, and $91,992,000 for fiscal year 2020.’’
for ‘‘such sums as may be necessary for each of the fiscal years 1999 through 2003.’’

PART B—INDEPENDENT LIVING SERVICES FOR
OLDER INDIVIDUALS WHO ARE BLIND
§ 796j. ‘‘Older individual who is blind’’ defined
For purposes of this part, the term ‘‘older individual who is blind’’ means an individual age 55
or older whose significant visual impairment
makes competitive employment extremely difficult to attain but for whom independent living
goals are feasible.
(Pub. L. 93–112, title VII, § 751, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237.)
Editorial Notes

Editorial Notes

PRIOR PROVISIONS

PRIOR PROVISIONS

A prior section 796j, Pub. L. 93–112, title VII, § 751, as
added Pub. L. 102–569, title VII, § 703(a), Oct. 29, 1992, 106
Stat. 4464, defined ‘‘older individual who is blind’’, prior
to the general amendment of this subchapter by Pub.
L. 105–220.

A prior section 796f–5, Pub. L. 93–112, title VII, § 726,
as added Pub. L. 102–569, title VII, § 701(2), Oct. 29, 1992,
106 Stat. 4464, defined ‘‘eligible agency’’, prior to the
general amendment of this subchapter by Pub. L.
105–220.

§ 796f–6. Authorization of appropriations
There are authorized to be appropriated to
carry out this subpart $78,305,000 for fiscal year
2015, $84,353,000 for fiscal year 2016, $86,104,000 for
fiscal year 2017, $88,013,000 for fiscal year 2018,
$90,083,000 for fiscal year 2019, and $91,992,000 for
fiscal year 2020.
(Pub. L. 93–112, title VII, § 727, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237;
amended Pub. L. 113–128, title IV, § 484, July 22,
2014, 128 Stat. 1693.)

§ 796j–1. Training and technical assistance
(a) In general
From the funds appropriated and made available to carry out this part for any fiscal year,
beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to
provide, either directly or through grants, contracts, or cooperative agreements, training and
technical assistance to designated State agencies, or other providers of independent living
services for older individuals who are blind, that
are funded under this part for such fiscal year.

§ 796k

TITLE 29—LABOR

(b) Survey
The Commissioner shall conduct a survey of
designated State agencies that receive grants
under section 796k of this title regarding training and technical assistance needs in order to
determine funding priorities for such training
and technical assistance.
(c) Application for grant
To be eligible to receive a grant or enter into
a contract or cooperative agreement under this
section, an entity shall submit an application to
the Commissioner at such time, in such manner,
containing a proposal to provide such training
and technical assistance, and containing such
additional information, as the Commissioner
may require. The Commissioner shall provide
for peer review of applications by panels that include persons who are not government employees and who have experience in the provision of
services to older individuals who are blind.
(Pub. L. 93–112, title VII, § 751A, as added Pub. L.
113–128, title IV, § 486, July 22, 2014, 128 Stat.
1693.)
§ 796k. Program of grants
(a) In general
(1) Authority for grants
Subject to subsections (b) and (c), the Commissioner may make grants to States for the
purpose of providing the services described in
subsection (d) to older individuals who are
blind.
(2) Designated State agency
The Commissioner may not make a grant
under this subsection unless the State involved agrees that the grant will be administered solely by the agency described in section
721(a)(2)(A)(i) of this title.
(b) Contingent competitive grants
Beginning with fiscal year 1993, in the case of
any fiscal year for which the amount appropriated under section 796l of this title is less
than $13,000,000, grants made under subsection
(a) shall be—
(1) discretionary grants made on a competitive basis to States; or
(2) grants made on a noncompetitive basis to
pay for the continuation costs of activities for
which a grant was awarded—
(A) under this part; or
(B) under part C, as in effect on the day before October 29, 1992.
(c) Contingent formula grants
(1) In general
In the case of any fiscal year for which the
amount appropriated under section 796l of this
title is equal to or greater than $13,000,000,
grants under subsection (a) shall be made only
to States and shall be made only from allotments under paragraph (2).
(2) Allotments
For grants under subsection (a) for a fiscal
year described in paragraph (1), the Commissioner shall make an allotment to each State
in an amount determined in accordance with
subsection (i), and shall make a grant to the

Page 332

State of the allotment made for the State if
the State submits to the Commissioner an application in accordance with subsection (h).
(d) Services generally
The Commissioner may not make a grant
under subsection (a) unless the State involved
agrees that the grant will be expended only for
purposes of—
(1) providing independent living services to
older individuals who are blind;
(2) conducting activities that will improve
or expand services for such individuals; and
(3) conducting activities to help improve
public understanding of the problems of such
individuals.
(e) Independent living services
Independent living services for purposes of
subsection (d)(1) include—
(1) services to help correct blindness, such
as—
(A) outreach services;
(B) visual screening;
(C) surgical or therapeutic treatment to
prevent, correct, or modify disabling eye
conditions; and
(D) hospitalization related to such services;
(2) the provision of eyeglasses and other visual aids;
(3) the provision of services and equipment
to assist an older individual who is blind to become more mobile and more self-sufficient;
(4) mobility training, braille instruction,
and other services and equipment to help an
older individual who is blind adjust to blindness;
(5) guide services, reader services, and transportation;
(6) any other appropriate service designed to
assist an older individual who is blind in coping with daily living activities, including supportive services and rehabilitation teaching
services;
(7) independent living skills training, information and referral services, peer counseling,
and individual advocacy training; and
(8) other independent living services.
(f) Matching funds
(1) In general
The Commissioner may not make a grant
under subsection (a) unless the State involved
agrees, with respect to the costs of the program to be carried out by the State pursuant
to such subsection, to make available (directly
or through donations from public or private
entities) non-Federal contributions toward
such costs in an amount that is not less than
$1 for each $9 of Federal funds provided in the
grant.
(2) Determination of amount contributed
Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly
evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to
any significant extent by the Federal Government, may not be included in determining the
amount of such non-Federal contributions.

Page 333

TITLE 29—LABOR

(g) Certain expenditures of grants
A State may expend a grant under subsection
(a) to carry out the purposes specified in subsection (d) through grants to, or contracts or cooperative agreements with, public and nonprofit
private agencies or organizations.
(h) Application for grant
(1) In general
The Commissioner may not make a grant
under subsection (a) unless an application for
the grant is submitted to the Commissioner
and the application is in such form, is made in
such manner, and contains such agreements,
assurances, and information as the Commissioner determines to be necessary to carry out
this section (including agreements, assurances, and information with respect to any
grants under subsection (i)(4)).
(2) Contents
An application for a grant under this section
shall contain—
(A) an assurance that the agency described
in subsection (a)(2) will prepare and submit
to the Commissioner a report, at the end of
each fiscal year, with respect to each project
or program the agency operates or administers under this section, whether directly or
through a grant or contract, which report
shall contain, at a minimum, information
on—
(i) the number and types of older individuals who are blind and are receiving services;
(ii) the types of services provided and the
number of older individuals who are blind
and are receiving each type of service;
(iii) the sources and amounts of funding
for the operation of each project or program;
(iv) the amounts and percentages of resources committed to each type of service
provided;
(v) data on actions taken to employ, and
advance in employment, qualified individuals with significant disabilities, including
older individuals who are blind; and
(vi) a comparison, if appropriate, of prior
year activities with the activities of the
most recent year; and
(B) an assurance that the agency will—
(i) provide services that contribute to
the maintenance of, or the increased independence of, older individuals who are
blind; and
(ii) engage in—
(I) capacity-building activities, including collaboration with other agencies
and organizations;
(II) activities to promote community
awareness, involvement, and assistance;
and
(III) outreach efforts.
(i) Amount of formula grant
(1) In general
Subject to the availability of appropriations,
the amount of an allotment under subsection
(a) for a State for a fiscal year shall be the
greater of—

§ 796k

(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, and not reserved under section 796j–1 of this title, for the fiscal year
and available for allotments under subsection (a).
(B) Certain territories
In the case of Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands,
the amount referred to in subparagraph (A)
of paragraph (1) for a fiscal year is $40,000.
(3) Formula
The amount referred to in subparagraph (B)
of paragraph (1) for a State for a fiscal year is
the product of—
(A) the amount appropriated under section
796l of this title, and not reserved under section 796j–1 of this title, and available for allotments under subsection (a); and
(B) a percentage equal to the quotient of—
(i) an amount equal to the number of individuals residing in the State who are not
less than 55 years of age; divided by
(ii) an amount equal to the number of individuals residing in the United States
who are not less than 55 years of age.
(4) Disposition of certain amounts
(A) Grants
From the amounts specified in subparagraph (B), the Commissioner may make
grants to States whose population of older
individuals who are blind has a substantial
need for the services specified in subsection
(d) relative to the populations in other
States of older individuals who are blind.
(B) Amounts
The amounts referred to in subparagraph
(A) are any amounts that are not paid to
States under subsection (a) as a result of—
(i) the failure of any State to submit an
application under subsection (h);
(ii) the failure of any State to prepare
within a reasonable period of time such application in compliance with such subsection; or
(iii) any State informing the Commissioner that the State does not intend to
expend the full amount of the allotment
made for the State under subsection (a).
(C) Conditions
The Commissioner may not make a grant
under subparagraph (A) unless the State involved agrees that the grant is subject to the

§ 796l

TITLE 29—LABOR

same conditions as grants made under subsection (a).
(Pub. L. 93–112, title VII, § 752, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237;
amended Pub. L. 113–128, title IV, § 487, July 22,
2014, 128 Stat. 1694.)
Editorial Notes
REFERENCES IN TEXT

Page 334

Stat. 4468, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Pub. L. 113–128 substituted ‘‘$33,317,000 for fiscal
year 2015, $35,890,000 for fiscal year 2016, $36,635,000 for
fiscal year 2017, $37,448,000 for fiscal year 2018, $38,328,000
for fiscal year 2019, and $39,141,000 for fiscal year 2020.’’
for ‘‘such sums as may be necessary for each of the fiscal years 1999 through 2003.’’

Part C, as in effect on the day before October 29, 1992,
referred to in subsec. (b)(2)(B), means former part C
(§ 796f) which was included in the repeal of subchapter
VII of this chapter by Pub. L. 102–569, title VII, § 701(1),
Oct. 29, 1992, 106 Stat. 4443.

SUBCHAPTER VIII—SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

PRIOR PROVISIONS

Section 797, Pub. L. 93–112, title VIII, § 801, as added
Pub. L. 102–569, title VIII, § 801(a), Oct. 29, 1992, 106 Stat.
4469, authorized appropriations.
Section 797a, Pub. L. 93–112, title VIII, § 802, as added
Pub. L. 102–569, title VIII, § 801(a), Oct. 29, 1992, 106 Stat.
4469, authorized grants for various demonstration
projects.
Section 797b, Pub. L. 93–112, title VIII, § 803, as added
Pub. L. 102–569, title VIII, § 801(a), Oct. 29, 1992, 106 Stat.
4478, authorized grants for training projects.

A prior section 796k, Pub. L. 93–112, title VII, § 752, as
added Pub. L. 102–569, title VII, § 703(a), Oct. 29, 1992, 106
Stat. 4465; amended Pub. L. 103–73, title I, § 114(m), Aug.
11, 1993, 107 Stat. 732, authorized grants to provide independent living services for older individuals who are
blind, prior to the general amendment of this subchapter by Pub. L. 105–220.
AMENDMENTS
2014—Subsec. (c)(2). Pub. L. 113–128, § 487(3), substituted ‘‘subsection (i)’’ for ‘‘subsection (j)’’ and ‘‘subsection (h)’’ for ‘‘subsection (i)’’.
Subsec. (g). Pub. L. 113–128, § 487(4), inserted ‘‘, or contracts or cooperative agreements with,’’ after ‘‘grants
to’’.
Subsec. (h). Pub. L. 113–128, § 487(1), (2), redesignated
subsec. (i) as (h) and struck out former subsec. (h).
Prior to amendment, text read as follows: ‘‘The Commissioner may not make a grant under subsection (a)
unless the State involved agrees that, in carrying out
subsection (d)(1), the State will seek to incorporate
into the State plan under section 796c of this title any
new methods and approaches relating to independent
living services for older individuals who are blind.’’
Subsec. (h)(1). Pub. L. 113–128, § 487(5)(A), substituted
‘‘subsection (i)(4)’’ for ‘‘subsection (j)(4)’’.
Subsec. (h)(2)(A)(vi) to (C). Pub. L. 113–128, § 487(5)(B),
inserted ‘‘and’’ after semicolon at end of subpar.
(A)(vi), substituted a period for ‘‘; and’’ at end of subpar. (B)(ii)(III), and struck out subpar. (C) which read
as follows: ‘‘an assurance that the application is consistent with the State plan for providing independent
living services required by section 796c of this title.’’
Subsec. (i). Pub. L. 113–128, § 487(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(2)(A)(ii), (3)(A). Pub. L. 113–128, § 487(6)(A),
(B), inserted ‘‘, and not reserved under section 796j–1 of
this title,’’ after ‘‘section 796l of this title’’.
Subsec. (i)(4)(B)(i). Pub. L. 113–128, § 487(6)(C), substituted ‘‘subsection (h)’’ for ‘‘subsection (i)’’.
Subsec. (j). Pub. L. 113–128, § 487(2), redesignated subsec. (j) as (i).

§ 796l. Authorization of appropriations
There are authorized to be appropriated to
carry out this part $33,317,000 for fiscal year 2015,
$35,890,000 for fiscal year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year 2018,
$38,328,000 for fiscal year 2019, and $39,141,000 for
fiscal year 2020.
(Pub. L. 93–112, title VII, § 753, as added Pub. L.
105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1241;
amended Pub. L. 113–128, title IV, § 488, July 22,
2014, 128 Stat. 1694.)
Editorial Notes
PRIOR PROVISIONS
A prior section 796l, Pub. L. 93–112, title VII, § 753, as
added Pub. L. 102–569, title VII, § 703(a), Oct. 29, 1992, 106

§§ 797 to 797b. Repealed. Pub. L. 105–220, title IV,
§ 411, Aug. 7, 1998, 112 Stat. 1241

CHAPTER 17—COMPREHENSIVE
EMPLOYMENT AND TRAINING PROGRAMS
Editorial Notes
CODIFICATION
The Comprehensive Employment and Training Act of
1973, Pub. L. 93–203, Dec. 28, 1973, 87 Stat. 839, as amended by Pub. L. 93–567, Dec. 31, 1974, 88 Stat. 1845; Pub. L.
94–444, Oct. 1, 1976, 90 Stat. 1476; Pub. L. 94–482, Oct. 12,
1976, 90 Stat. 2081; Pub. L. 95–40, June 3, 1977, 91 Stat.
203; Pub. L. 95–44, June 15, 1977, 91 Stat. 220; Pub. L.
95–93, Aug. 5, 1977, 91 Stat. 627, comprised this chapter
prior to its complete revision by Pub. L. 95–524, Oct. 27,
1978, 92 Stat. 1909. The Act, Pub. L. 93–203, as amended
generally by Pub. L. 95–524, § 2, Oct. 27, 1978, 92 Stat.
1909, was known as the Comprehensive Employment
and Training Act, and was set out as having been added
by Pub. L. 95–524 without reference to the intervening
amendments in view of the extensive revision of the
Act’s provisions by Pub. L. 95–524.

§§ 801, 802. Repealed. Pub. L. 97–300, title I,
§ 184(a)(1), Oct. 13, 1982, 96 Stat. 1357
Section 801, Pub. L. 93–203, § 2, as added Pub. L. 95–524,
§ 2, Oct. 27, 1978, 92 Stat. 1912, set out Congressional
statement of purpose in enacting this chapter.
A prior section 801, Pub. L. 93–203, § 2, Dec. 28, 1973, 87
Stat. 839, provided for a Congressional statement of
purpose for this chapter, prior to the general revision
of Pub. L. 93–203 by Pub. L. 95–524.
Section 802, Pub. L. 93–203, § 3, as added Pub. L. 95–524,
§ 2, Oct. 27, 1978, 92 Stat. 1912, provided definitions for
this chapter.
A prior section 802, Pub. L. 93–203, § 4, Dec. 28, 1973, 87
Stat. 839; Pub. L. 95–44, § 2(a), June 15, 1977, 91 Stat. 220;
Pub. L. 95–93, title III, § 302, Aug. 5, 1977, 91 Stat. 650, authorized appropriations for this chapter, prior to the
general revision of Pub. L. 93–203 by Pub. L. 95–524.
A prior section 3 of Pub. L. 93–203, Dec. 28, 1973, 87
Stat. 839, provided for transitional provisions and was
set out as a note under section 801 of this title, prior to
the general revision of Pub. L. 93–203 by Pub. L. 95–524.
Provisions similar to those comprising this section
were contained in former section 981 of this title prior
to the general revision of Pub. L. 93–203 by Pub. L.
95–524.
A prior section 803, Pub. L. 95–93, title III, § 305, Aug.
5, 1977, 91 Stat. 651, providing for increased participation of veterans in public service employment pro-