-CITE-
    29 USC CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER
           REHABILITATION SERVICES                         01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
                  SERVICES                        
-MISC1-
      CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
                                 SERVICES


                            GENERAL PROVISIONS                        
    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         

                        PART A - GENERAL PROVISIONS                    
    720.        Declaration of policy; authorization of
                 appropriations.                                      
    721.        State plans.                                          
    722.        Eligibility and individualized plan for employment.   
    723.        Vocational rehabilitation services.                   
    724.        Non-Federal share for establishment of program or
                 construction.                                        
    725.        State Rehabilitation Council.                         
    726.        Evaluation standards and performance indicators.      
    727.        Monitoring and review.                                
    728.        Expenditure of certain amounts.                       
    728a.       Training of employers with respect to Americans with
                 Disabilities Act of 1990.                            

             PART B - BASIC VOCATIONAL REHABILITATION SERVICES         
    730.        State allotments.                                     
    731.        Payments to States.                                   
    732.        Client assistance program.                            

        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.        Declaration of purpose.                               
    761.        Authorization of appropriations.                      
    762.        National Institute on Disability and Rehabilitation
                 Research.                                            
    762a.       Research and demonstration projects.                  
    763.        Interagency Committee.                                
    764.        Research and other covered activities.                
    765.        Rehabilitation Research Advisory Council.             

    SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
                              DEMONSTRATIONS
    771.        Declaration of purpose and competitive basis of grants
                 and contracts.                                       
    772.        Training.                                             
    773.        Demonstration and training programs.                  
    774.        Migrant and seasonal farmworkers.                     
    775.        Recreational programs.                                
    776.        Measuring of project outcomes and performance.        

              SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY          
    780.        Establishment of National Council on Disability.      
    780a.       Independent status of National Council on the
                 Handicapped.                                         
    781.        Duties of National Council.                           
    782.        Compensation of National Council members.             
    783.        Staff of National Council.                            
    784.        Administrative powers of National Council.            
    785.        Authorization of appropriations.                      

                    SUBCHAPTER V - RIGHTS AND ADVOCACY                
    790.        Repealed.                                             
    791.        Employment of individuals with disabilities.          
    792.        Architectural and Transportation Barriers Compliance
                 Board.                                               
    793.        Employment under Federal contracts.                   
    794.        Nondiscrimination under Federal grants and programs.  
    794a.       Remedies and attorney fees.                           
    794b.       Removal of architectural, transportation, or
                 communication barriers; technical and financial
                 assistance; compensation of experts or consultants;
                 authorization of appropriations.                     
    794c.       Interagency Disability Coordinating Council.          
    794d.       Electronic and information technology.                
    794e.       Protection and advocacy of individual rights.         

       SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
                               DISABILITIES

                      PART A - PROJECTS WITH INDUSTRY                  
    795.        Projects With Industry.                               
    795a.       Authorization of appropriations.                      

      PART B - SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH THE
                       MOST SIGNIFICANT DISABILITIES
    795g.       Purpose.                                              
    795h.       Allotments.                                           
    795i.       Availability of services.                             
    795j.       Eligibility.                                          
    795k.       State plan.                                           
    795l.       Restriction.                                          
    795m.       Savings provision.                                    
    795n.       Authorization of appropriations.                      

       SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
                            INDEPENDENT LIVING

            PART A - INDIVIDUALS WITH SIGNIFICANT DISABILITIES        

                      SUBPART 1 - GENERAL PROVISIONS                  
    796.        Purpose.                                              
    796a.       Definitions.                                          
    796b.       Eligibility for receipt of services.                  
    796c.       State plan.                                           
    796d.       Statewide Independent Living Council.                 
    796d-1.     Responsibilities of Commissioner.                     

                  SUBPART 2 - INDEPENDENT LIVING SERVICES              
    796e.       Allotments.                                           
    796e-1.     Payments to States from allotments.                   
    796e-2.     Authorized uses of funds.                             
    796e-3.     Authorization of appropriations.                      

                SUBPART 3 - CENTERS FOR INDEPENDENT LIVING            
    796f.       Program authorization.                                
    796f-1.     Grants to centers for independent living in States in
                 which Federal funding exceeds State funding.         
    796f-2.     Grants to centers for independent living in States in
                 which State funding equals or exceeds Federal
                 funding.                                             
    796f-3.     Centers operated by State agencies.                   
    796f-4.     Standards and assurances for centers for independent
                 living.                                              
    796f-5.     "Eligible agency" defined.                            
    796f-6.     Authorization of appropriations.                      

    PART B - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
                                   BLIND
    796j.       "Older individual who is blind" defined.              
    796k.       Program of grants.                                    
    796l.       Authorization of appropriations.                      

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

-End-


-CITE-
    29 USC GENERAL PROVISIONS                                   01/03/2007

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

-HEAD-
                            GENERAL PROVISIONS                        

-End-



-CITE-
    29 USC Sec. 701                                             01/03/2007

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

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

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

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

        (2) to ensure that the Federal Government plays a leadership
      role in promoting the employment of individuals with
      disabilities, especially individuals with significant
      disabilities, and in assisting States and providers of services
      in fulfilling the aspirations of such individuals with
      disabilities for meaningful and gainful employment and
      independent living.
    (c) Policy
      It is the policy of the United States that all programs,
    projects, and activities receiving assistance under this chapter
    shall be carried out in a manner consistent with the principles of -
     
        (1) respect for individual dignity, personal responsibility,
      self-determination, and pursuit of meaningful careers, based on
      informed choice, of individuals with disabilities;
        (2) respect for the privacy, rights, and equal access
      (including the use of accessible formats), of the individuals;
        (3) inclusion, integration, and full participation of the
      individuals;
        (4) support for the involvement of an individual's
      representative if an individual with a disability requests,
      desires, or needs such support; and
        (5) support for individual and systemic advocacy and community
      involvement.

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

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


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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

-End-



-CITE-
    29 USC Sec. 702                                             01/03/2007

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

-HEAD-
    Sec. 702. Rehabilitation Services Administration

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

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


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

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

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

-End-



-CITE-
    29 USC Sec. 703                                             01/03/2007

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

-HEAD-
    Sec. 703. Advance funding

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

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


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

-End-



-CITE-
    29 USC Sec. 704                                             01/03/2007

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

-HEAD-
    Sec. 704. Joint funding

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

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


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


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

-End-



-CITE-
    29 USC Sec. 705                                             01/03/2007

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

-HEAD-
    Sec. 705. Definitions

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

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

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

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

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

          except that it shall not be a violation of this chapter for a
          covered entity to adopt or administer reasonable policies or
          procedures, including but not limited to drug testing,
          designed to ensure that an individual described in subclause
          (I) or (II) is no longer engaging in the illegal use of
          drugs.
          (iii) Exclusion for certain services
            Notwithstanding clause (i), for purposes of programs and
          activities providing health services and services provided
          under subchapters I, II, and III of this chapter, an
          individual shall not be excluded from the benefits of such
          programs or activities on the basis of his or her current
          illegal use of drugs if he or she is otherwise entitled to
          such services.
          (iv) Disciplinary action
            For purposes of programs and activities providing
          educational services, local educational agencies may take
          disciplinary action pertaining to the use or possession of
          illegal drugs or alcohol against any student who is an
          individual with a disability and who currently is engaging in
          the illegal use of drugs or in the use of alcohol to the same
          extent that such disciplinary action is taken against
          students who are not individuals with disabilities.
          Furthermore, the due process procedures at section 104.36 of
          title 34, Code of Federal Regulations (or any corresponding
          similar regulation or ruling) shall not apply to such
          disciplinary actions.
          (v) Employment; exclusion of alcoholics
            For purposes of sections 793 and 794 of this title as such
          sections relate to employment, the term "individual with a
          disability" does not include any individual who is an
          alcoholic whose current use of alcohol prevents such
          individual from performing the duties of the job in question
          or whose employment, by reason of such current alcohol abuse,
          would constitute a direct threat to property or the safety of
          others.
        (D) Employment; exclusion of individuals with certain diseases
          or infections
          For the purposes of sections 793 and 794 of this title, as
        such sections relate to employment, such term does not include
        an individual who has a currently contagious disease or
        infection and who, by reason of such disease or infection,
        would constitute a direct threat to the health or safety of
        other individuals or who, by reason of the currently contagious
        disease or infection, is unable to perform the duties of the
        job.
        (E) Rights provisions; exclusion of individuals on basis of
          homosexuality or bisexuality
          For the purposes of sections 791, 793, and 794 of this title -
         
            (i) for purposes of the application of subparagraph (B) to
          such sections, the term "impairment" does not include
          homosexuality or bisexuality; and
            (ii) therefore the term "individual with a disability" does
          not include an individual on the basis of homosexuality or
          bisexuality.
        (F) Rights provisions; exclusion of individuals on basis of
          certain disorders
          For the purposes of sections 791, 793, and 794 of this title,
        the term "individual with a disability" does not include an
        individual on the basis of - 
            (i) transvestism, transsexualism, pedophilia,
          exhibitionism, voyeurism, gender identity disorders not
          resulting from physical impairments, or other sexual behavior
          disorders;
            (ii) compulsive gambling, kleptomania, or pyromania; or
            (iii) psychoactive substance use disorders resulting from
          current illegal use of drugs.
        (G) Individuals with disabilities
          The term "individuals with disabilities" means more than one
        individual with a disability.
      (21) Individual with a significant disability
        (A) In general
          Except as provided in subparagraph (B) or (C), the term
        "individual with a significant disability" means an individual
        with a disability - 
            (i) who has a severe physical or mental impairment which
          seriously limits one or more functional capacities (such as
          mobility, communication, self-care, self-direction,
          interpersonal skills, work tolerance, or work skills) in
          terms of an employment outcome;
            (ii) whose vocational rehabilitation can be expected to
          require multiple vocational rehabilitation services over an
          extended period of time; and
            (iii) who has one or more physical or mental disabilities
          resulting from amputation, arthritis, autism, blindness, burn
          injury, cancer, cerebral palsy, cystic fibrosis, deafness,
          head injury, heart disease, hemiplegia, hemophilia,
          respiratory or pulmonary dysfunction, mental retardation,
          mental illness, multiple sclerosis, muscular dystrophy,
          musculo-skeletal disorders, neurological disorders (including
          stroke and epilepsy), paraplegia, quadriplegia, and other
          spinal cord conditions, sickle cell anemia, specific learning
          disability, end-stage renal disease, or another disability or
          combination of disabilities determined on the basis of an
          assessment for determining eligibility and vocational
          rehabilitation needs described in subparagraphs (A) and (B)
          of paragraph (2) to cause comparable substantial functional
          limitation.
        (B) Independent living services and centers for independent
          living
          For purposes of subchapter VII of this chapter, the term
        "individual with a significant disability" means an individual
        with a severe physical or mental impairment whose ability to
        function independently in the family or community or whose
        ability to obtain, maintain, or advance in employment is
        substantially limited and for whom the delivery of independent
        living services will improve the ability to function, continue
        functioning, or move toward functioning independently in the
        family or community or to continue in employment, respectively.
        (C) Research and training
          For purposes of subchapter II of this chapter, the term
        "individual with a significant disability" includes an
        individual described in subparagraph (A) or (B).
        (D) Individuals with significant disabilities
          The term "individuals with significant disabilities" means
        more than one individual with a significant disability.
        (E) Individual with a most significant disability
          (i) In general
            The term "individual with a most significant disability",
          used with respect to an individual in a State, means an
          individual with a significant disability who meets criteria
          established by the State under section 721(a)(5)(C) of this
          title.
          (ii) Individuals with the most significant disabilities
            The term "individuals with the most significant
          disabilities" means more than one individual with a most
          significant disability.
      (22) Individual's representative; applicant's representative
        The terms "individual's representative" and "applicant's
      representative" mean a parent, a family member, a guardian, an
      advocate, or an authorized representative of an individual or
      applicant, respectively.
      (23) Institution of higher education
        The term "institution of higher education" has the meaning
      given the term in section 1001 of title 20.
      (24) Local agency
        The term "local agency" means an agency of a unit of general
      local government or of an Indian tribe (or combination of such
      units or tribes) which has an agreement with the designated State
      agency to conduct a vocational rehabilitation program under the
      supervision of such State agency in accordance with the State
      plan approved under section 721 of this title. Nothing in the
      preceding sentence of this paragraph or in section 721 of this
      title shall be construed to prevent the local agency from
      arranging to utilize another local public or nonprofit agency to
      provide vocational rehabilitation services if such an arrangement
      is made part of the agreement specified in this paragraph.
      (25) Local workforce investment board
        The term "local workforce investment board" means a local
      workforce investment board established under section 117 of the
      Workforce Investment Act of 1998 [29 U.S.C. 2832].
      (26) Nonprofit
        The term "nonprofit", when used with respect to a community
      rehabilitation program, means a community rehabilitation program
      carried out by a corporation or association, no part of the net
      earnings of which inures, or may lawfully inure, to the benefit
      of any private shareholder or individual and the income of which
      is exempt from taxation under section 501(c)(3) of title 26.
      (27) Ongoing support services
        The term "ongoing support services" means services - 
          (A) provided to individuals with the most significant
        disabilities;
          (B) provided, at a minimum, twice monthly - 
            (i) to make an assessment, regarding the employment
          situation, at the worksite of each such individual in
          supported employment, or, under special circumstances,
          especially at the request of the client, off site; and
            (ii) based on the assessment, to provide for the
          coordination or provision of specific intensive services, at
          or away from the worksite, that are needed to maintain
          employment stability; and

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

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

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


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

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

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

-End-



-CITE-
    29 USC Sec. 706                                             01/03/2007

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

-HEAD-
    Sec. 706. Allotment percentage

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

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

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


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

-End-



-CITE-
    29 USC Sec. 707                                             01/03/2007

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

-HEAD-
    Sec. 707. Nonduplication

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 708                                             01/03/2007

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

-HEAD-
    Sec. 708. Application of other laws

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 709                                             01/03/2007

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

-HEAD-
    Sec. 709. Administration

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

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

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


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

-End-



-CITE-
    29 USC Sec. 710                                             01/03/2007

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

-HEAD-
    Sec. 710. Reports

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

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


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

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

-End-



-CITE-
    29 USC Sec. 711                                             01/03/2007

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

-HEAD-
    Sec. 711. Evaluation

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

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


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

-End-



-CITE-
    29 USC Sec. 712                                             01/03/2007

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

-HEAD-
    Sec. 712. Information clearinghouse

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

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

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

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

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


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

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    29 USC Sec. 713                                             01/03/2007

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

-HEAD-
    Sec. 713. Transfer of funds

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

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


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

-End-



-CITE-
    29 USC Sec. 714                                             01/03/2007

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

-HEAD-
    Sec. 714. State administration

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

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


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

-End-



-CITE-
    29 USC Sec. 715                                             01/03/2007

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

-HEAD-
    Sec. 715. Review of applications

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

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


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

-End-



-CITE-
    29 USC Sec. 716                                             01/03/2007

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

-HEAD-
    Sec. 716. Carryover

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

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 717                                             01/03/2007

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

-HEAD-
    Sec. 717. Client assistance information

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

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


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

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

-End-



-CITE-
    29 USC Sec. 718                                             01/03/2007

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

-HEAD-
    Sec. 718. Traditionally underserved populations

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

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


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

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

-End-


-CITE-
    29 USC SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES    01/03/2007

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

-HEAD-
             SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES         

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

-End-


-CITE-
    29 USC Part A - General Provisions                          01/03/2007

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

-HEAD-
                        PART A - GENERAL PROVISIONS                    

-End-



-CITE-
    29 USC Sec. 720                                             01/03/2007

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

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

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

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

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

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 721                                             01/03/2007

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

-HEAD-
    Sec. 721. State plans

-STATUTE-
    (a) Plan requirements
      (1) In general
        (A) Submission
          To be eligible to participate in programs under this
        subchapter, a State shall submit to the Commissioner a State
        plan for vocational rehabilitation services that meets the
        requirements of this section, on the same date that the State
        submits a State plan under section 112 of the Workforce
        Investment Act of 1998 [29 U.S.C. 2822].
        (B) Nonduplication
          The State shall not be required to submit, in the State plan
        for vocational rehabilitation services, policies, procedures,
        or descriptions required under this subchapter that have been
        previously submitted to the Commissioner and that demonstrate
        that such State meets the requirements of this subchapter,
        including any policies, procedures, or descriptions submitted
        under this subchapter as in effect on the day before August 7,
        1998.
        (C) Duration
          The State plan shall remain in effect subject to the
        submission of such modifications as the State determines to be
        necessary or as the Commissioner may require based on a change
        in State policy, a change in Federal law (including
        regulations), an interpretation of this chapter by a Federal
        court or the highest court of the State, or a finding by the
        Commissioner of State noncompliance with the requirements of
        this chapter, until the State submits and receives approval of
        a new State plan.
      (2) Designated State agency; designated State unit
        (A) Designated State agency
          The State plan shall designate a State agency as the sole
        State agency to administer the plan, or to supervise the
        administration of the plan by a local agency, except that - 
            (i) where, under State law, the State agency for
          individuals who are blind or another agency that provides
          assistance or services to adults who are blind is authorized
          to provide vocational rehabilitation services to individuals
          who are blind, that agency may be designated as the sole
          State agency to administer the part of the plan under which
          vocational rehabilitation services are provided for
          individuals who are blind (or to supervise the administration
          of such part by a local agency) and a separate State agency
          may be designated as the sole State agency to administer or
          supervise the administration of the rest of the State plan;
            (ii) the Commissioner, on the request of a State, may
          authorize the designated State agency to share funding and
          administrative responsibility with another agency of the
          State or with a local agency in order to permit the agencies
          to carry out a joint program to provide services to
          individuals with disabilities, and may waive compliance, with
          respect to vocational rehabilitation services furnished under
          the joint program, with the requirement of paragraph (4) that
          the plan be in effect in all political subdivisions of the
          State; and
            (iii) in the case of American Samoa, the appropriate State
          agency shall be the Governor of American Samoa.
        (B) Designated State unit
          The State agency designated under subparagraph (A) shall be -
        
            (i) a State agency primarily concerned with vocational
          rehabilitation, or vocational and other rehabilitation, of
          individuals with disabilities; or
            (ii) if not such an agency, the State agency (or each State
          agency if 2 are so designated) shall include a vocational
          rehabilitation bureau, division, or other organizational unit
          that - 
              (I) is primarily concerned with vocational
            rehabilitation, or vocational and other rehabilitation, of
            individuals with disabilities, and is responsible for the
            vocational rehabilitation program of the designated State
            agency;
              (II) has a full-time director;
              (III) has a staff employed on the rehabilitation work of
            the organizational unit all or substantially all of whom
            are employed full time on such work; and
              (IV) is located at an organizational level and has an
            organizational status within the designated State agency
            comparable to that of other major organizational units of
            the designated State agency.
        (C) Responsibility for services for the blind
          If the State has designated only 1 State agency pursuant to
        subparagraph (A), the State may assign responsibility for the
        part of the plan under which vocational rehabilitation services
        are provided for individuals who are blind to an organizational
        unit of the designated State agency and assign responsibility
        for the rest of the plan to another organizational unit of the
        designated State agency, with the provisions of subparagraph
        (B) applying separately to each of the designated State units.
      (3) Non-Federal share
        The State plan shall provide for financial participation by the
      State, or if the State so elects, by the State and local
      agencies, to provide the amount of the non-Federal share of the
      cost of carrying out part B of this subchapter.
      (4) Statewideness
        The State plan shall provide that the plan shall be in effect
      in all political subdivisions of the State, except that - 
          (A) in the case of any activity that, in the judgment of the
        Commissioner, is likely to assist in promoting the vocational
        rehabilitation of substantially larger numbers of individuals
        with disabilities or groups of individuals with disabilities,
        the Commissioner may waive compliance with the requirement that
        the plan be in effect in all political subdivisions of the
        State to the extent and for such period as may be provided in
        accordance with regulations prescribed by the Commissioner, but
        only if the non-Federal share of the cost of the vocational
        rehabilitation services involved is met from funds made
        available by a local agency (including funds contributed to
        such agency by a private agency, organization, or individual);
        and
          (B) in a case in which earmarked funds are used toward the
        non-Federal share and such funds are earmarked for particular
        geographic areas within the State, the earmarked funds may be
        used in such areas if the State notifies the Commissioner that
        the State cannot provide the full non-Federal share without
        such funds.
      (5) Order of selection for vocational rehabilitation services
        In the event that vocational rehabilitation services cannot be
      provided to all eligible individuals with disabilities in the
      State who apply for the services, the State plan shall - 
          (A) show the order to be followed in selecting eligible
        individuals to be provided vocational rehabilitation services;
          (B) provide the justification for the order of selection;
          (C) include an assurance that, in accordance with criteria
        established by the State for the order of selection,
        individuals with the most significant disabilities will be
        selected first for the provision of vocational rehabilitation
        services; and
          (D) provide that eligible individuals, who do not meet the
        order of selection criteria, shall have access to services
        provided through the information and referral system
        implemented under paragraph (20).
      (6) Methods for administration
        (A) In general
          The State plan shall provide for such methods of
        administration as are found by the Commissioner to be necessary
        for the proper and efficient administration of the plan.
        (B) Employment of individuals with disabilities
          The State plan shall provide that the designated State
        agency, and entities carrying out community rehabilitation
        programs in the State, who are in receipt of assistance under
        this subchapter shall take affirmative action to employ and
        advance in employment qualified individuals with disabilities
        covered under, and on the same terms and conditions as set
        forth in, section 793 of this title.
        (C) Facilities
          The State plan shall provide that facilities used in
        connection with the delivery of services assisted under the
        State plan shall comply with the Act entitled "An Act to insure
        that certain buildings financed with Federal funds are so
        designed and constructed as to be accessible to the physically
        handicapped", approved on August 12, 1968 (commonly known as
        the "Architectural Barriers Act of 1968") [42 U.S.C. 4151 et
        seq.], with section 794 of this title, and with the Americans
        with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].
      (7) Comprehensive system of personnel development
        The State plan shall - 
          (A) include a description (consistent with the purposes of
        this chapter) of a comprehensive system of personnel
        development, which shall include - 
            (i) a description of the procedures and activities the
          designated State agency will undertake to ensure an adequate
          supply of qualified State rehabilitation professionals and
          paraprofessionals for the designated State unit, including
          the development and maintenance of a system for determining,
          on an annual basis - 
              (I) the number and type of personnel that are employed by
            the designated State unit in the provision of vocational
            rehabilitation services, including ratios of qualified
            vocational rehabilitation counselors to clients; and
              (II) the number and type of personnel needed by the
            State, and a projection of the numbers of such personnel
            that will be needed in 5 years, based on projections of the
            number of individuals to be served, the number of such
            personnel who are expected to retire or leave the
            vocational rehabilitation field, and other relevant
            factors;

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

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

            (v) a description of the procedures and activities the
          designated State agency will undertake to ensure that all
          personnel employed by the designated State unit are
          appropriately and adequately trained and prepared, including -
           
              (I) a system for the continuing education of
            rehabilitation professionals and paraprofessionals within
            the designated State unit, particularly with respect to
            rehabilitation technology; and
              (II) procedures for acquiring and disseminating to
            rehabilitation professionals and paraprofessionals within
            the designated State unit significant knowledge from
            research and other sources, including procedures for
            providing training regarding the amendments to this chapter
            made by the Rehabilitation Act Amendments of 1998;

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

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

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

            (iii) of those applicants and eligible recipients who are
          individuals with significant disabilities - 
              (I) the number who ended their participation in the
            program carried out under this subchapter and the number
            who achieved employment outcomes after receiving vocational
            rehabilitation services; and
              (II) the number who ended their participation in the
            program and who were employed 6 months and 12 months after
            securing or regaining employment, or, in the case of
            individuals whose employment outcome was to retain or
            advance in employment, who were employed 6 months and 12
            months after achieving their employment outcome, including -
             
                (aa) the number who earned the minimum wage rate
              specified in section 6(a)(1) of the Fair Labor Standards
              Act of 1938 (29 U.S.C. 206(a)(1)) or another wage level
              set by the Commissioner, during such employment; and
                (bb) the number who received employment benefits from
              an employer during such employment; and

            (iv) of those applicants and eligible recipients who are
          not individuals with significant disabilities - 
              (I) the number who ended their participation in the
            program carried out under this subchapter and the number
            who achieved employment outcomes after receiving vocational
            rehabilitation services; and
              (II) the number who ended their participation in the
            program and who were employed 6 months and 12 months after
            securing or regaining employment, or, in the case of
            individuals whose employment outcome was to retain or
            advance in employment, who were employed 6 months and 12
            months after achieving their employment outcome, including -
             
                (aa) the number who earned the minimum wage rate
              specified in section 6(a)(1) of the Fair Labor Standards
              Act of 1938 (29 U.S.C. 206(a)(1)) or another wage level
              set by the Commissioner, during such employment; and
                (bb) the number who received employment benefits from
              an employer during such employment.
        (D) Costs and results
          The Commissioner shall also require that the designated State
        agency include in the reports information on - 
            (i) the costs under this subchapter of conducting
          administration, providing assessment services, counseling and
          guidance, and other direct services provided by designated
          State agency staff, providing services purchased under
          individualized plans for employment, supporting small
          business enterprises, establishing, developing, and improving
          community rehabilitation programs, providing other services
          to groups, and facilitating use of other programs under this
          chapter and title I of the Workforce Investment Act of 1998
          [29 U.S.C. 2801 et seq.] by eligible individuals; and
            (ii) the results of annual evaluation by the State of
          program effectiveness under paragraph (15)(E).
        (E) Additional information
          The Commissioner shall require that each designated State
        unit include in the reports additional information related to
        the applicants and eligible individuals, obtained either
        through a complete count or sampling, including - 
            (i) information on - 
              (I) age, gender, race, ethnicity, education, category of
            impairment, severity of disability, and whether the
            individuals are students with disabilities;
              (II) dates of application, determination of eligibility
            or ineligibility, initiation of the individualized plan for
            employment, and termination of participation in the
            program;
              (III) earnings at the time of application for the program
            and termination of participation in the program;
              (IV) work status and occupation;
              (V) types of services, including assistive technology
            services and assistive technology devices, provided under
            the program;
              (VI) types of public or private programs or agencies that
            furnished services under the program; and
              (VII) the reasons for individuals terminating
            participation in the program without achieving an
            employment outcome; and

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

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

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

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

            (ii) include an assessment of the need to establish,
          develop, or improve community rehabilitation programs within
          the State; and
            (iii) provide that the State shall submit to the
          Commissioner a report containing information regarding
          updates to the assessments, for any year in which the State
          updates the assessments.
        (B) Annual estimates
          The State plan shall include, and shall provide that the
        State shall annually submit a report to the Commissioner that
        includes, State estimates of - 
            (i) the number of individuals in the State who are eligible
          for services under this subchapter;
            (ii) the number of such individuals who will receive
          services provided with funds provided under part B of this
          subchapter and under part B of subchapter VI of this chapter,
          including, if the designated State agency uses an order of
          selection in accordance with paragraph (5), estimates of the
          number of individuals to be served under each priority
          category within the order; and
            (iii) the costs of the services described in clause (i),
          including, if the designated State agency uses an order of
          selection in accordance with paragraph (5), the service costs
          for each priority category within the order.
        (C) Goals and priorities
          (i) In general
            The State plan shall identify the goals and priorities of
          the State in carrying out the program. The goals and
          priorities shall be jointly developed, agreed to, and
          reviewed annually by the designated State unit and the State
          Rehabilitation Council, if the State has such a Council. Any
          revisions to the goals and priorities shall be jointly agreed
          to by the designated State unit and the State Rehabilitation
          Council, if the State has such a Council. The State plan
          shall provide that the State shall submit to the Commissioner
          a report containing information regarding revisions in the
          goals and priorities, for any year in which the State revises
          the goals and priorities.
          (ii) Basis
            The State goals and priorities shall be based on an
          analysis of - 
              (I) the comprehensive assessment described in
            subparagraph (A), including any updates to the assessment;
              (II) the performance of the State on the standards and
            indicators established under section 726 of this title; and
              (III) other available information on the operation and
            the effectiveness of the vocational rehabilitation program
            carried out in the State, including any reports received
            from the State Rehabilitation Council, under section 725(c)
            of this title and the findings and recommendations from
            monitoring activities conducted under section 727 of this
            title.
          (iii) Service and outcome goals for categories in order of
            selection
            If the designated State agency uses an order of selection
          in accordance with paragraph (5), the State shall also
          identify in the State plan service and outcome goals and the
          time within which these goals may be achieved for individuals
          in each priority category within the order.
        (D) Strategies
          The State plan shall contain a description of the strategies
        the State will use to address the needs identified in the
        assessment conducted under subparagraph (A) and achieve the
        goals and priorities identified in subparagraph (C), including -
         
            (i) the methods to be used to expand and improve services
          to individuals with disabilities, including how a broad range
          of assistive technology services and assistive technology
          devices will be provided to such individuals at each stage of
          the rehabilitation process and how such services and devices
          will be provided to such individuals on a statewide basis;
            (ii) outreach procedures to identify and serve individuals
          with disabilities who are minorities and individuals with
          disabilities who have been unserved or underserved by the
          vocational rehabilitation program;
            (iii) where necessary, the plan of the State for
          establishing, developing, or improving community
          rehabilitation programs;
            (iv) strategies to improve the performance of the State
          with respect to the evaluation standards and performance
          indicators established pursuant to section 726 of this title;
          and
            (v) strategies for assisting entities carrying out other
          components of the statewide workforce investment system
          (other than the vocational rehabilitation program) in
          assisting individuals with disabilities.
        (E) Evaluation and reports of progress
          The State plan shall - 
            (i) include the results of an evaluation of the
          effectiveness of the vocational rehabilitation program, and a
          joint report by the designated State unit and the State
          Rehabilitation Council, if the State has such a Council, to
          the Commissioner on the progress made in improving the
          effectiveness from the previous year, which evaluation and
          report shall include - 
              (I) an evaluation of the extent to which the goals
            identified in subparagraph (C) were achieved;
              (II) a description of strategies that contributed to
            achieving the goals;
              (III) to the extent to which the goals were not achieved,
            a description of the factors that impeded that achievement;
            and
              (IV) an assessment of the performance of the State on the
            standards and indicators established pursuant to section
            726 of this title; and

            (ii) provide that the designated State unit and the State
          Rehabilitation Council, if the State has such a Council,
          shall jointly submit to the Commissioner an annual report
          that contains the information described in clause (i).
      (16) Public comment
        The State plan shall - 
          (A) provide that the designated State agency, prior to the
        adoption of any policies or procedures governing the provision
        of vocational rehabilitation services under the State plan
        (including making any amendment to such policies and
        procedures), shall conduct public meetings throughout the
        State, after providing adequate notice of the meetings, to
        provide the public, including individuals with disabilities, an
        opportunity to comment on the policies or procedures, and
        actively consult with the Director of the client assistance
        program carried out under section 732 of this title, and, as
        appropriate, Indian tribes, tribal organizations, and Native
        Hawaiian organizations on the policies or procedures; and
          (B) provide that the designated State agency (or each
        designated State agency if two agencies are designated) and any
        sole agency administering the plan in a political subdivision
        of the State, shall take into account, in connection with
        matters of general policy arising in the administration of the
        plan, the views of - 
            (i) individuals and groups of individuals who are
          recipients of vocational rehabilitation services, or in
          appropriate cases, the individuals' representatives;
            (ii) personnel working in programs that provide vocational
          rehabilitation services to individuals with disabilities;
            (iii) providers of vocational rehabilitation services to
          individuals with disabilities;
            (iv) the director of the client assistance program; and
            (v) the State Rehabilitation Council, if the State has such
          a Council.
      (17) Use of funds for construction of facilities
        The State plan shall provide that if, under special
      circumstances, the State plan includes provisions for the
      construction of facilities for community rehabilitation programs -
       
          (A) the Federal share of the cost of construction for the
        facilities for a fiscal year will not exceed an amount equal to
        10 percent of the State's allotment under section 730 of this
        title for such year;
          (B) the provisions of section 776 of this title (as in effect
        on the day before August 7, 1998) shall be applicable to such
        construction and such provisions shall be deemed to apply to
        such construction; and
          (C) there shall be compliance with regulations the
        Commissioner shall prescribe designed to assure that no State
        will reduce its efforts in providing other vocational
        rehabilitation services (other than for the establishment of
        facilities for community rehabilitation programs) because the
        plan includes such provisions for construction.
      (18) Innovation and expansion activities
        The State plan shall - 
          (A) include an assurance that the State will reserve and use
        a portion of the funds allotted to the State under section 730
        of this title - 
            (i) for the development and implementation of innovative
          approaches to expand and improve the provision of vocational
          rehabilitation services to individuals with disabilities
          under this subchapter, particularly individuals with the most
          significant disabilities, consistent with the findings of the
          statewide assessment and goals and priorities of the State as
          described in paragraph (15); and
            (ii) to support the funding of - 
              (I) the State Rehabilitation Council, if the State has
            such a Council, consistent with the plan prepared under
            section 725(d)(1) of this title; and
              (II) the Statewide Independent Living Council, consistent
            with the plan prepared under section 796d(e)(1) of this
            title;

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

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

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

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

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


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

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

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


-End-



-CITE-
    29 USC Sec. 722                                             01/03/2007

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

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

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

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

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

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

          (ii) timelines for the achievement of the employment outcome
        and for the initiation of the services;
          (C) a description of the entity chosen by the eligible
        individual or, as appropriate, the individual's representative,
        that will provide the vocational rehabilitation services, and
        the methods used to procure such services;
          (D) a description of criteria to evaluate progress toward
        achievement of the employment outcome;
          (E) the terms and conditions of the individualized plan for
        employment, including, as appropriate, information describing -
        
            (i) the responsibilities of the designated State unit;
            (ii) the responsibilities of the eligible individual,
          including - 
              (I) the responsibilities the eligible individual will
            assume in relation to the employment outcome of the
            individual;
              (II) if applicable, the participation of the eligible
            individual in paying for the costs of the plan; and
              (III) the responsibility of the eligible individual with
            regard to applying for and securing comparable benefits as
            described in section 721(a)(8) of this title; and

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

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

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

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 723                                             01/03/2007

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

-HEAD-
    Sec. 723. Vocational rehabilitation services

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 724                                             01/03/2007

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 725                                             01/03/2007

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

-HEAD-
    Sec. 725. State Rehabilitation Council

-STATUTE-
    (a) Establishment
      (1) In general
        Except as provided in section 721(a)(21)(A)(i) of this title,
      to be eligible to receive financial assistance under this
      subchapter a State shall establish a State Rehabilitation Council
      (referred to in this section as the "Council") in accordance with
      this section.
      (2) Separate agency for individuals who are blind
        A State that designates a State agency to administer the part
      of the State plan under which vocational rehabilitation services
      are provided for individuals who are blind under section
      721(a)(2)(A)(i) of this title may establish a separate Council in
      accordance with this section to perform the duties of such a
      Council with respect to such State agency.
    (b) Composition and appointment
      (1) Composition
        (A) In general
          Except in the case of a separate Council established under
        subsection (a)(2) of this section, the Council shall be
        composed of - 
            (i) at least one representative of the Statewide
          Independent Living Council established under section 796d of
          this title, which representative may be the chairperson or
          other designee of the Council;
            (ii) at least one representative of a parent training and
          information center established pursuant to section 671 of the
          Individuals with Disabilities Education Act [20 U.S.C. 1471];
            (iii) at least one representative of the client assistance
          program established under section 732 of this title;
            (iv) at least one qualified vocational rehabilitation
          counselor, with knowledge of and experience with vocational
          rehabilitation programs, who shall serve as an ex officio,
          nonvoting member of the Council if the counselor is an
          employee of the designated State agency;
            (v) at least one representative of community rehabilitation
          program service providers;
            (vi) four representatives of business, industry, and labor;
            (vii) representatives of disability advocacy groups
          representing a cross section of - 
              (I) individuals with physical, cognitive, sensory, and
            mental disabilities; and
              (II) individuals' representatives of individuals with
            disabilities who have difficulty in representing themselves
            or are unable due to their disabilities to represent
            themselves;

            (viii) current or former applicants for, or recipients of,
          vocational rehabilitation services;
            (ix) in a State in which one or more projects are carried
          out under section 741 of this title, at least one
          representative of the directors of the projects;
            (x) at least one representative of the State educational
          agency responsible for the public education of students with
          disabilities who are eligible to receive services under this
          subchapter and part B of the Individuals with Disabilities
          Education Act [20 U.S.C. 1411 et seq.]; and
            (xi) at least one representative of the State workforce
          investment board.
        (B) Separate Council
          In the case of a separate Council established under
        subsection (a)(2) of this section, the Council shall be
        composed of - 
            (i) at least one representative described in subparagraph
          (A)(i);
            (ii) at least one representative described in subparagraph
          (A)(ii);
            (iii) at least one representative described in subparagraph
          (A)(iii);
            (iv) at least one vocational rehabilitation counselor
          described in subparagraph (A)(iv), who shall serve as
          described in such subparagraph;
            (v) at least one representative described in subparagraph
          (A)(v);
            (vi) four representatives described in subparagraph
          (A)(vi);
            (vii) at least one representative of a disability advocacy
          group representing individuals who are blind;
            (viii) at least one individual's representative, of an
          individual who - 
              (I) is an individual who is blind and has multiple
            disabilities; and
              (II) has difficulty in representing himself or herself or
            is unable due to disabilities to represent himself or
            herself;

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

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

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

        (5) prepare and submit an annual report to the Governor and the
      Commissioner on the status of vocational rehabilitation programs
      operated within the State, and make the report available to the
      public;
        (6) to avoid duplication of efforts and enhance the number of
      individuals served, coordinate activities with the activities of
      other councils within the State, including the Statewide
      Independent Living Council established under section 796d of this
      title, the advisory panel established under section 612(a)(20) of
      the Individuals with Disabilities Education Act [20 U.S.C.
      1412(a)(20)], the State Council on Developmental Disabilities
      established under section 15025 of title 42, the State mental
      health planning council established under section 300x-3(a) of
      title 42, and the State workforce investment board;
        (7) provide for coordination and the establishment of working
      relationships between the designated State agency and the
      Statewide Independent Living Council and centers for independent
      living within the State; and
        (8) perform such other functions, consistent with the purpose
      of this subchapter, as the State Rehabilitation Council
      determines to be appropriate, that are comparable to the other
      functions performed by the Council.
    (d) Resources
      (1) Plan
        The Council shall prepare, in conjunction with the designated
      State unit, a plan for the provision of such resources, including
      such staff and other personnel, as may be necessary and
      sufficient to carry out the functions of the Council under this
      section. The resource plan shall, to the maximum extent possible,
      rely on the use of resources in existence during the period of
      implementation of the plan.
      (2) Resolution of disagreements
        To the extent that there is a disagreement between the Council
      and the designated State unit in regard to the resources
      necessary to carry out the functions of the Council as set forth
      in this section, the disagreement shall be resolved by the
      Governor consistent with paragraph (1).
      (3) Supervision and evaluation
        Each Council shall, consistent with State law, supervise and
      evaluate such staff and other personnel as may be necessary to
      carry out its functions under this section.
      (4) Personnel conflict of interest
        While assisting the Council in carrying out its duties, staff
      and other personnel shall not be assigned duties by the
      designated State unit or any other agency or office of the State,
      that would create a conflict of interest.
    (e) Conflict of interest
      No member of the Council shall cast a vote on any matter that
    would provide direct financial benefit to the member or otherwise
    give the appearance of a conflict of interest under State law.
    (f) Meetings
      The Council shall convene at least four meetings a year in such
    places as it determines to be necessary to conduct Council business
    and conduct such forums or hearings as the Council considers
    appropriate. The meetings, hearings, and forums shall be publicly
    announced. The meetings shall be open and accessible to the general
    public unless there is a valid reason for an executive session.
    (g) Compensation and expenses
      The Council may use funds allocated to the Council by the
    designated State unit under this subchapter (except for funds
    appropriated to carry out the client assistance program under
    section 732 of this title and funds reserved pursuant to section
    730(c) of this title to carry out part C of this subchapter) to
    reimburse members of the Council for reasonable and necessary
    expenses of attending Council meetings and performing Council
    duties (including child care and personal assistance services), and
    to pay compensation to a member of the Council, if such member is
    not employed or must forfeit wages from other employment, for each
    day the member is engaged in performing the duties of the Council.
    (h) Hearings and forums
      The Council is authorized to hold such hearings and forums as the
    Council may determine to be necessary to carry out the duties of
    the Council.

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

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


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

                                AMENDMENTS                            
      2004 - Subsec. (b)(1)(A)(ii). Pub. L. 108-446, Sec. 305(h)(2),
    substituted "671 of the Individuals with Disabilities Education
    Act" for "682(a) of the Individuals with Disabilities Education Act
    (as added by section 101 of the Individuals with Disabilities
    Education Act Amendments of 1997; Public Law 105-17)".
      Subsec. (c)(6). Pub. L. 108-446, Sec. 305(h)(3), substituted
    "section 612(a)(20)" for "section 612(a)(21)" and "Individuals
    with" for "Individual with" and struck out "(as amended by section
    101 of the Individuals with Disabilities Education Act Amendments
    of 1997; Public Law 105-17)" before ", the State Council".
      2000 - Subsec. (c)(6). Pub. L. 106-402 substituted "the State
    Council on Developmental Disabilities established under section
    15025 of title 42" for "the State Developmental Disabilities
    Council described in section 6024 of title 42".
      1998 - Subsec. (b)(3). Pub. L. 105-277, Sec. 101(f) [title VIII,
    Sec. 402(c)(6)(A)], substituted "Governor or, in the case of a
    State that, under State law, vests authority for the administration
    of the activities carried out under this chapter in an entity other
    than the Governor (such as one or more houses of the State
    legislature or an independent board), the chief officer of that
    entity" for "Governor" in first sentence and "appointing authority"
    for "Governor" in second and third sentences.
      Subsec. (b)(4)(A)(i). Pub. L. 105-277, Sec. 101(f) [title VIII,
    Sec. 402(c)(6)(B)], substituted "section 705(20)(B)" for "section
    705(20)(A)".
      Subsec. (b)(5)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
    402(c)(6)(C)], substituted "chief executive officer" for "Governor"
    in heading and "appointing authority described in paragraph (3)
    shall" for "Governor shall" in text.
      Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105-277, Sec. 101(f)
    [title VIII, Sec. 402(c)(6)(D)], substituted "appointing authority
    described in paragraph (3)" for "Governor".

-End-



-CITE-
    29 USC Sec. 726                                             01/03/2007

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 727                                             01/03/2007

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

-HEAD-
    Sec. 727. Monitoring and review

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

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

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


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

-End-



-CITE-
    29 USC Sec. 728                                             01/03/2007

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

-HEAD-
    Sec. 728. Expenditure of certain amounts

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

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

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


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

-End-



-CITE-
    29 USC Sec. 728a                                            01/03/2007

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

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

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

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

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


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

-End-


-CITE-
    29 USC Part B - Basic Vocational Rehabilitation Services    01/03/2007

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

-HEAD-
             PART B - BASIC VOCATIONAL REHABILITATION SERVICES         

-End-



-CITE-
    29 USC Sec. 730                                             01/03/2007

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

-HEAD-
    Sec. 730. State allotments

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

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

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

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

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

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


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

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

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


-End-



-CITE-
    29 USC Sec. 731                                             01/03/2007

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

-HEAD-
    Sec. 731. Payments to States

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

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


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

                                AMENDMENTS                            
      2004 - Subsec. (b)(2). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      1998 - Pub. L. 105-277 made technical amendment to section
    designation and catchline in original.

-End-



-CITE-
    29 USC Sec. 732                                             01/03/2007

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

-HEAD-
    Sec. 732. Client assistance program

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

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

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

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

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


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

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

-End-


-CITE-
    29 USC Part C - American Indian Vocational Rehabilitation
                     Services                              01/03/2007

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

-HEAD-
        PART C - AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES    

-End-



-CITE-
    29 USC Sec. 741                                             01/03/2007

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

-HEAD-
    Sec. 741. Vocational rehabilitation services grants

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

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

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

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


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

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

-End-


-CITE-
    29 USC Part D - Vocational Rehabilitation Services Client
                     Information                           01/03/2007

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

-HEAD-
      PART D - VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION  

-End-



-CITE-
    29 USC Sec. 751                                             01/03/2007

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

-HEAD-
    Sec. 751. Data sharing

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

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

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


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

-End-


-CITE-
    29 USC SUBCHAPTER II - RESEARCH AND TRAINING                01/03/2007

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

-HEAD-
                   SUBCHAPTER II - RESEARCH AND TRAINING               

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

-End-



-CITE-
    29 USC Sec. 760                                             01/03/2007

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

-HEAD-
    Sec. 760. Declaration of purpose

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

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 761                                             01/03/2007

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

-HEAD-
    Sec. 761. Authorization of appropriations

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 762                                             01/03/2007

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

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

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

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

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

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

            (ii) institutions of higher education;

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

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

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

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

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

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

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


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

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

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

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

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


-End-



-CITE-
    29 USC Sec. 762a                                            01/03/2007

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

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

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 763                                             01/03/2007

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

-HEAD-
    Sec. 763. Interagency Committee

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

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

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


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

                                AMENDMENTS                            
      2004 - Subsec. (e). Pub. L. 108-364 added subsec. (e) and struck
    out former subsec. (e) which read as follows: "In this section, the
    terms 'assistive technology', 'targeted individuals', and
    'universal design' have the meanings given the terms in section
    3002 of this title."
      1998 - Pub. L. 105-277 made technical amendment to directory
    language of Pub. L. 105-220, Sec. 405, which enacted this section.
      Subsec. (a)(1). Pub. L. 105-394, Sec. 201(1), inserted "including
    programs relating to assistive technology research and research
    that incorporates the principles of universal design," after
    "programs,".
      Subsec. (b). Pub. L. 105-394, Sec. 201(2), designated existing
    provisions as par. (1), substituted "targeted individuals" for
    "individuals with disabilities and the individuals'
    representatives", inserted "(including assistive technology
    research and research that incorporates the principles of universal
    design)" after "research", and added par. (2).
      Subsec. (c). Pub. L. 105-394, Sec. 201(3), added subsec. (c) and
    struck out former subsec. (c) which read as follows: "The Committee
    shall annually submit to the President and to the appropriate
    committees of the Congress a report making such recommendations as
    the Committee deems appropriate with respect to coordination of
    policy and development of objectives and priorities for all Federal
    programs relating to the conduct of research related to
    rehabilitation of individuals with disabilities."
      Subsecs. (d), (e). Pub. L. 105-394, Sec. 201(4), added subsecs.
    (d) and (e).

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

-End-



-CITE-
    29 USC Sec. 764                                             01/03/2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 765                                             01/03/2007

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

-HEAD-
    Sec. 765. Rehabilitation Research Advisory Council

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

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

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


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

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

-End-


-CITE-
    29 USC SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND
           SPECIAL PROJECTS AND DEMONSTRATIONS             01/03/2007

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

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

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

-End-



-CITE-
    29 USC Sec. 771                                             01/03/2007

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 772                                             01/03/2007

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

-HEAD-
    Sec. 772. Training

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

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

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

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

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

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


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

                                AMENDMENTS                            
      2004 - Subsec. (f)(1)(D)(ii). Pub. L. 108-446 made technical
    amendment to reference in original act which appears in text as
    reference to section 1402 of title 20.

-End-



-CITE-
    29 USC Sec. 773                                             01/03/2007

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

-HEAD-
    Sec. 773. Demonstration and training programs

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

          (B) assurances that a written plan will be established with
        the full participation of the client, which plan shall, at a
        minimum, include - 
            (i) a statement of the vocational rehabilitation goals to
          be achieved;
            (ii) a statement of the specific vocational rehabilitation
          services to be provided, the projected dates for their
          initiation, and the anticipated duration of each such
          service; and
            (iii) objective criteria, an evaluation procedure, and a
          schedule, for determining whether such goals are being
          achieved.
      (4) Award of grants
        In selecting entities to receive grants under paragraph (1),
      the Commissioner shall take into consideration - 
          (A) the diversity of strategies used to increase client
        choice, including selection among qualified service providers;
          (B) the geographic distribution of projects; and
          (C) the diversity of clients to be served.
      (5) Records
        Entities that receive grants under paragraph (1) shall maintain
      such records as the Commissioner may require and comply with any
      request from the Commissioner for such records.
      (6) Direct services
        At least 80 percent of the funds awarded for any project under
      this subsection shall be used for direct services, as
      specifically chosen by eligible clients.
      (7) Evaluation
        The Commissioner may conduct an evaluation of the demonstration
      projects with respect to the services provided, clients served,
      client outcomes obtained, implementation issues addressed, the
      cost-effectiveness of the project, and the effects of increased
      choice on clients and service providers. The Commissioner may
      reserve funds for the evaluation for a fiscal year from the
      amounts appropriated to carry out projects under this section for
      the fiscal year.
      (8) Definitions
        For the purposes of this subsection:
        (A) Direct services
          The term "direct services" means vocational rehabilitation
        services, as described in section 723(a) of this title.
        (B) Eligible client
          The term "eligible client" means an individual with a
        disability, as defined in section 705(20)(A) of this title, who
        is not currently receiving services under an individualized
        plan for employment established through a designated State
        unit.
    (b) Special demonstration programs
      (1) Grants; contracts
        The Commissioner, subject to the provisions of section 776 of
      this title, may provide grants to, or enter into contracts with,
      eligible entities to pay all or part of the cost of programs that
      expand and improve the provision of rehabilitation and other
      services authorized under this chapter or that further the
      purposes of the chapter, including related research and
      evaluation activities.
      (2) Eligible entities; terms and conditions
        (A) Eligible entities
          To be eligible to receive a grant, or enter into a contract,
        under paragraph (1), an entity shall be a State vocational
        rehabilitation agency, community rehabilitation program, Indian
        tribe or tribal organization, or other public or nonprofit
        agency or organization, or as the Commissioner determines
        appropriate, a for-profit organization. The Commissioner may
        limit competitions to one or more types of organizations
        described in this subparagraph.
        (B) Terms and conditions
          A grant or contract under paragraph (1) shall contain such
        terms and conditions as the Commissioner may require.
      (3) Application
        An eligible entity that desires to receive a grant, or enter
      into a contract, under paragraph (1) shall submit an application
      to the Secretary at such time, in such form, and containing such
      information and assurances as the Commissioner may require,
      including, if the Commissioner determines appropriate, a
      description of how the proposed project or demonstration program -
       
          (A) is based on current research findings, which may include
        research conducted by the National Institute on Disability and
        Rehabilitation Research, the National Institutes of Health, and
        other public or private organizations; and
          (B) is of national significance.
      (4) Types of projects
        The programs that may be funded under this subsection may
      include - 
          (A) special projects and demonstrations of service delivery;
          (B) model demonstration projects;
          (C) technical assistance projects;
          (D) systems change projects;
          (E) special studies and evaluations; and
          (F) dissemination and utilization activities.
      (5) Priority for competitions
        (A) In general
          In announcing competitions for grants and contracts under
        this subsection, the Commissioner shall give priority
        consideration to - 
            (i) special projects and demonstration programs of service
          delivery for adults who are either low-functioning and deaf
          or low-functioning and hard of hearing;
            (ii) supported employment, including community-based
          supported employment programs to meet the needs of
          individuals with the most significant disabilities or to
          provide technical assistance to States and community
          organizations to improve and expand the provision of
          supported employment services; and
            (iii) model transitional planning services for youths with
          disabilities.
        (B) Additional competitions
          In announcing competitions for grants and contracts under
        this subsection, the Commissioner may require that applicants
        address one or more of the following:
            (i) Age ranges.
            (ii) Types of disabilities.
            (iii) Types of services.
            (iv) Models of service delivery.
            (v) Stage of the rehabilitation process.
            (vi) The needs of underserved populations, unserved and
          underserved areas, individuals with significant disabilities,
          low-incidence disability population or individuals residing
          in federally designated empowerment zones and enterprise
          communities.
            (vii) Expansion of employment opportunities for individuals
          with disabilities.
            (viii) Systems change projects to promote meaningful access
          of individuals with disabilities to employment-related
          services under title I of the Workforce Investment Act of
          1998 [29 U.S.C. 2801 et seq.] and under other Federal laws.
            (ix) Innovative methods of promoting achievement of high-
          quality employment outcomes.
            (x) The demonstration of the effectiveness of early
          intervention activities in improving employment outcomes.
            (xi) Alternative methods of providing affordable
          transportation services to individuals with disabilities who
          are employed, seeking employment, or receiving vocational
          rehabilitation services from public or private organizations
          and who reside in geographic areas in which public
          transportation or paratransit service is not available.
      (6) Use of funds for continuation awards
        The Commissioner may use funds made available to carry out this
      section for continuation awards for projects that were funded
      under sections 711 and 777a of this title (as such sections were
      in effect on the day before August 7, 1998).
    (c) Parent information and training program
      (1) Grants
        The Commissioner is authorized to make grants to private
      nonprofit organizations for the purpose of establishing programs
      to provide training and information to enable individuals with
      disabilities, and the parents, family members, guardians,
      advocates, or other authorized representatives of the individuals
      to participate more effectively with professionals in meeting the
      vocational, independent living, and rehabilitation needs of
      individuals with disabilities. Such grants shall be designed to
      meet the unique training and information needs of the individuals
      described in the preceding sentence, who live in the area to be
      served, particularly those who are members of populations that
      have been unserved or underserved by programs under this chapter.
      (2) Use of grants
        An organization that receives a grant to establish training and
      information programs under this subsection shall use the grant to
      assist individuals with disabilities, and the parents, family
      members, guardians, advocates, or authorized representatives of
      the individuals - 
          (A) to better understand vocational rehabilitation and
        independent living programs and services;
          (B) to provide followup support for transition and employment
        programs;
          (C) to communicate more effectively with transition and
        rehabilitation personnel and other relevant professionals;
          (D) to provide support in the development of the
        individualized plan for employment;
          (E) to provide support and expertise in obtaining information
        about rehabilitation and independent living programs, services,
        and resources that are appropriate; and
          (F) to understand the provisions of this chapter,
        particularly provisions relating to employment, supported
        employment, and independent living.
      (3) Award of grants
        The Commissioner shall ensure that grants under this subsection
      - 
          (A) shall be distributed geographically to the greatest
        extent possible throughout all States; and
          (B) shall be targeted to individuals with disabilities, and
        the parents, family members, guardians, advocates, or
        authorized representatives of the individuals, in both urban
        and rural areas or on a State or regional basis.
      (4) Eligible organizations
        In order to receive a grant under this subsection, an
      organization - 
          (A) shall submit an application to the Commissioner at such
        time, in such manner, and containing such information as the
        Commissioner may require, including information demonstrating
        the capacity and expertise of the organization - 
            (i) to coordinate training and information activities with
          Centers for Independent Living;
            (ii) to coordinate and work closely with parent training
          and information centers established pursuant to section 1471
          of title 20; and
            (iii) to effectively conduct the training and information
          activities authorized under this subsection;

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

          (ii)(I) shall have a membership that represents the interests
        of individuals with disabilities; and
          (II) shall establish a special governing committee that meets
        the requirements specified in subclauses (I) and (II) of clause
        (i) to operate a training and information program under this
        subsection; and
          (C) shall serve individuals with a full range of
        disabilities, and the parents, family members, guardians,
        advocates, or authorized representatives of the individuals.
      (5) Consultation
        Each organization carrying out a program receiving assistance
      under this subsection shall consult with appropriate agencies
      that serve or assist individuals with disabilities, and the
      parents, family members, guardians, advocates, or authorized
      representatives of the individuals, located in the jurisdiction
      served by the program.
      (6) Coordination
        The Commissioner shall provide coordination and technical
      assistance by grant or cooperative agreement for establishing,
      developing, and coordinating the training and information
      programs. To the extent practicable, such assistance shall be
      provided by the parent training and information centers
      established pursuant to section 1471 of title 20.
      (7) Review
        (A) Quarterly review
          The board of directors or special governing committee of an
        organization receiving a grant under this subsection shall meet
        at least once in each calendar quarter to review the training
        and information program, and each such committee shall directly
        advise the governing board regarding the views and
        recommendations of the committee.
        (B) Review for grant renewal
          If a nonprofit private organization requests the renewal of a
        grant under this subsection, the board of directors or the
        special governing committee shall prepare and submit to the
        Commissioner a written review of the training and information
        program conducted by the organization during the preceding
        fiscal year.
    (d) Braille training programs
      (1) Establishment
        The Commissioner shall make grants to, and enter into contracts
      with, States and public or nonprofit agencies and organizations,
      including institutions of higher education, to pay all or part of
      the cost of training in the use of braille for personnel
      providing vocational rehabilitation services or educational
      services to youth and adults who are blind.
      (2) Projects
        Such grants shall be used for the establishment or continuation
      of projects that may provide - 
          (A) development of braille training materials;
          (B) in-service or pre-service training in the use of braille,
        the importance of braille literacy, and methods of teaching
        braille to youth and adults who are blind; and
          (C) activities to promote knowledge and use of braille and
        nonvisual access technology for blind youth and adults through
        a program of training, demonstration, and evaluation conducted
        with leadership of experienced blind individuals, including the
        use of comprehensive, state-of-the-art technology.
      (3) Application
        To be eligible to receive a grant, or enter into a contract,
      under paragraph (1), an agency or organization shall submit an
      application to the Commissioner at such time, in such manner, and
      containing such information as the Commissioner may require.
    (e) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    such sums as may be necessary for each of the fiscal years 1999
    through 2003.

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

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


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

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

-End-



-CITE-
    29 USC Sec. 774                                             01/03/2007

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

-HEAD-
    Sec. 774. Migrant and seasonal farmworkers

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

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

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


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

-End-



-CITE-
    29 USC Sec. 775                                             01/03/2007

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

-HEAD-
    Sec. 775. Recreational programs

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

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


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

-End-



-CITE-
    29 USC Sec. 776                                             01/03/2007

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

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

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

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

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


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

-End-


-CITE-
    29 USC SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY       01/03/2007

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

-HEAD-
              SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY          

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

-End-



-CITE-
    29 USC Sec. 780                                             01/03/2007

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

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 780a                                            01/03/2007

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

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

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

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

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

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

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

-End-



-CITE-
    29 USC Sec. 781                                             01/03/2007

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

-HEAD-
    Sec. 781. Duties of National Council

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

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

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

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


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

                                AMENDMENTS                            
      2004 - Subsec. (c)(2). Pub. L. 108-364 substituted "targeted
    individuals and entities" for "targeted individuals".
      2000 - Subsec. (a)(5)(A). Pub. L. 106-402, which directed
    substitution of "Developmental Disabilities Assistance and Bill of
    Rights Act of 2000" for "Developmental Disabilities Assistance and
    Bill of Rights Act (42 U.S.C. 6000 et seq.)", was executed by
    making the substitution for "Developmental Disabilities Assistance
    and Bill of Rights Act" to reflect the probable intent of Congress.
      1998 - Subsec. (c). Pub. L. 105-394 added subsec. (c).

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


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

-End-



-CITE-
    29 USC Sec. 782                                             01/03/2007

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 783                                             01/03/2007

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

-HEAD-
    Sec. 783. Staff of National Council

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

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

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

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

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


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

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


-End-



-CITE-
    29 USC Sec. 784                                             01/03/2007

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

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 785                                             01/03/2007

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

-HEAD-
    Sec. 785. Authorization of appropriations

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

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


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

-End-


-CITE-
    29 USC SUBCHAPTER V - RIGHTS AND ADVOCACY                   01/03/2007

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

-HEAD-
                    SUBCHAPTER V - RIGHTS AND ADVOCACY                

-End-



-CITE-
    29 USC Sec. 790                                             01/03/2007

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

-HEAD-
    Sec. 790. Repealed.

-MISC1-
    Sec. 790. Repealed. Pub. L. 102-569, title V, Sec. 502(a), Oct. 29,
      1992, 106 Stat. 4424.
      Section, Pub. L. 93-112, title V, Sec. 500, Sept. 26, 1973, 87
    Stat. 390, related to effects on existing law, references in other
    provisions, availability of unexpended appropriations, savings
    provision, and extension of appropriations.

-End-



-CITE-
    29 USC Sec. 791                                             01/03/2007

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

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

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

-SOURCE-
    (Pub. L. 93-112, title V, Sec. 501, Sept. 26, 1973, 87 Stat. 390;
    Pub. L. 98-221, title I, Sec. 104(b)(3), Feb. 22, 1984, 98 Stat.
    18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title X, Secs.
    1001(f)(1), 1002(e)(1), (2)(A), Oct. 21, 1986, 100 Stat. 1810,
    1843, 1844; Pub. L. 100-630, title II, Sec. 206(a), Nov. 7, 1988,
    102 Stat. 3310; Pub. L. 102-54, Sec. 13(k)(1)(B), June 13, 1991,
    105 Stat. 276; Pub. L. 102-569, title I, Sec. 102(p)(29), title V,
    Sec. 503, Oct. 29, 1992, 106 Stat. 4360, 4424; Pub. L. 103-73,
    title I, Sec. 112(a), Aug. 11, 1993, 107 Stat. 727; Pub. L. 105-
    220, title III, Sec. 341(c), title IV, Sec. 408(a)(1), Aug. 7,
    1998, 112 Stat. 1092, 1202; Pub. L. 109-435, title VI, Sec. 604(d),
    Dec. 20, 2006, 120 Stat. 3242.)

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


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

                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-435, Sec. 604(d), substituted
    "Postal Regulatory Commission" for "Postal Rate Office".
      1998 - Subsec. (a). Pub. L. 105-220, Sec. 408(a)(1)(A),
    substituted "President's Committees on Employment of People With
    Disabilities" for "President's Committees on Employment of the
    Handicapped" in third sentence.
      Pub. L. 105-220, Sec. 341(c)(1), inserted "and the Smithsonian
    Institution" after "Government" in fourth sentence.
      Subsec. (b). Pub. L. 105-220, Sec. 341(c)(2), in first sentence,
    inserted "and the Smithsonian Institution" after "in the executive
    branch" and substituted "such department, agency, instrumentality,
    or Institution" for "such department, agency, or instrumentality".
      Subsec. (d). Pub. L. 105-220, Sec. 341(c)(3), inserted "and the
    Smithsonian Institution" after "instrumentality".
      Subsec. (e). Pub. L. 105-220, Sec. 408(a)(1)(B), substituted
    "individualized plan for employment" for "individualized written
    rehabilitation program".
      1993 - Subsec. (a). Pub. L. 103-73 in first sentence inserted
    comma after "Veterans Affairs".
      1992 - Pub. L. 102-569, Sec. 102(p)(29)(A), substituted
    "disabilities" for "handicaps" in section catchline.
      Subsec. (a). Pub. L. 102-569, Sec. 503(a), substituted "the
    Director of the Office of Personnel Management, the Secretary of
    Veterans Affairs" for "the Secretary of Veterans Affairs, and", and
    amended second sentence generally. Prior to amendment, second
    sentence read as follows: "The Secretary of Education and the
    Chairman of the Commission shall serve as co-chairpersons of the
    Committee."
      Pub. L. 102-569, Sec. 102(p)(29)(B), (C), substituted
    "Interagency Committee on Employees who are Individuals with
    Disabilities" for "Interagency Committee on Handicapped Employees"
    and "individuals with disabilities" for "individuals with
    handicaps" in two places.
      Subsec. (b). Pub. L. 102-569, Sec. 102(p)(29)(C), (D),
    substituted "individuals with disabilities" for "individuals with
    handicaps" after "advancement of" and after "opportunities for" and
    "employees who are individuals with disabilities" for "employees
    with handicaps".
      Subsecs. (c), (d), (f)(2). Pub. L. 102-569, Sec. 102(p)(29)(C),
    substituted "individuals with disabilities" for "individuals with
    handicaps".
      Subsec. (g). Pub. L. 102-569, Sec. 503(b), added subsec. (g).
      1991 - Subsec. (a). Pub. L. 102-54 substituted "Secretary of
    Veterans Affairs" for "Administrator of Veterans' Affairs".
      1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(a)(3)(C), which
    directed substitution of "Employment of People With Disabilities"
    for "Employment of the Handicapped" in second sentence, could not
    be executed because the words did not appear in second sentence.
      Pub. L. 100-630, Sec. 206(a)(1)-(3)(B), (4), inserted "(hereafter
    in this section referred to as the 'Commission')" after first
    reference to "Equal Employment Opportunity Commission" and
    substituted "Commission" for "Equal Opportunity Employment
    Commission" wherever appearing, "Secretary of Labor, the Secretary
    of Education, and the Secretary of Health and Human Services" for
    "Secretaries of Labor and Education and Health and Human Services"
    in first sentence, "co-chairpersons" for "co-chairmen" in second
    sentence, and "Commission" for "Office" in cl. (2).
      Subsec. (b). Pub. L. 100-630, Sec. 206(a)(2), (5), substituted
    "submit to the Commission" for "submit to the Equal Employment
    Opportunity Commission", "employees with handicaps" for
    "handicapped employees", and "Commission, if the Commission
    determines" for "Office, if the Office determines".
      Subsecs. (c), (d). Pub. L. 100-630, Sec. 206(a)(2), substituted
    "Commission" for "Equal Opportunity Employment Commission" wherever
    appearing.
      Subsec. (e). Pub. L. 100-630, Sec. 206(a)(6), substituted "an
    individualized" for "a individualized".
      Subsec. (f)(1), (2). Pub. L. 100-630, Sec. 206(a)(7), substituted
    "Employment of People With Disabilities" for "Employment of the
    Handicapped".
      1986 - Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
    "individuals with handicaps" for "handicapped individuals" in
    section catchline.
      Subsecs. (a) to (c). Pub. L. 99-506, Secs. 103(d)(2)(C),
    1002(e)(1), substituted "Equal Employment Opportunity Commission"
    for "Office of Personnel Management" and "individuals with
    handicaps" for "handicapped individuals" wherever appearing.
      Subsec. (d). Pub. L. 99-506, Secs. 103(d)(2)(C), 1002(e)(1),
    (2)(A), substituted "Equal Employment Opportunity Commission" for
    "Office of Personnel Management" wherever appearing, "individuals
    with handicaps" for "handicapped individuals", and "of the
    activities" for "of the the activities".
      Subsec. (e). Pub. L. 99-506, Sec. 1001(f)(1), substituted "a
    individualized" for "his individualized".
      Subsec. (f)(2). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
    "individuals with handicaps" for "handicapped individuals".
      1984 - Subsec. (a). Pub. L. 98-221, Sec. 104(b)(3)(A)-(D),
    substituted "the Chairman of the Office of Personnel Management"
    and "Education and Health and Human Services" for "the Chairman of
    the Civil Service Commission" and "Health, Education, and Welfare",
    respectively, in first sentence, "Secretary of Education and the
    Chairman of the Office of Personnel Management" for "Secretary of
    Health, Education, and Welfare and the Chairman of the Civil
    Service Commission" in second sentence, "Office of Personnel
    Management" for "Civil Service Commission" in four places, and
    "Office" for "Commission".
      Subsec. (b). Pub. L. 98-221, Sec. 104(b)(3)(C), (D), substituted
    "Office of Personnel Management" for "Civil Service Commission" and
    substituted "Office" for "Commission" in three places.
      Subsec. (c). Pub. L. 98-221, Sec. 104(b)(3)(C), substituted
    "Office of Personnel Management" for "Civil Service Commission".
      Subsec. (d). Pub. L. 98-221, Sec. 104(b)(3)(C), (E), substituted
    "Office of Personnel Management" for "Civil Service Commission" in
    two places and "the activities of the Office of Personnel
    Management" for "Civil Service Commission's activities".
      Subsec. (f)(1). Pub. L. 98-221, Sec. 104(b)(3)(F), substituted
    "Secretary of Education" for "Secretary of Health, Education, and
    Welfare".

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

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

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

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


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

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

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

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

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

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

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

-End-



-CITE-
    29 USC Sec. 792                                             01/03/2007

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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


-End-



-CITE-
    29 USC Sec. 793                                             01/03/2007

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

-HEAD-
    Sec. 793. Employment under Federal contracts

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

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

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


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

-End-



-CITE-
    29 USC Sec. 794                                             01/03/2007

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

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

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

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

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

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

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


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

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

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 794a                                            01/03/2007

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

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

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

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

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

-End-



-CITE-
    29 USC Sec. 794b                                            01/03/2007

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

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 794c                                            01/03/2007

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

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

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

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


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

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

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

-End-



-CITE-
    29 USC Sec. 794d                                            01/03/2007

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

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 794e                                            01/03/2007

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

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

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

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


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

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

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


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

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


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

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

    (!2) See References in Text note below.


-End-


-CITE-
    29 USC SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR
           INDIVIDUALS WITH DISABILITIES                   01/03/2007

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

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

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

-End-


-CITE-
    29 USC Part A - Projects With Industry                      01/03/2007

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

-HEAD-
                      PART A - PROJECTS WITH INDUSTRY                  

-End-



-CITE-
    29 USC Sec. 795                                             01/03/2007

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

-HEAD-
    Sec. 795. Projects With Industry

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

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

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

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

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

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

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

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

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 795a                                            01/03/2007

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

-HEAD-
    Sec. 795a. Authorization of appropriations

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

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


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

-End-


-CITE-
    29 USC Part B - Supported Employment Services for
                     Individuals With the Most
                     Significant Disabilities              01/03/2007

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

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

-End-



-CITE-
    29 USC Sec. 795g                                            01/03/2007

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

-HEAD-
    Sec. 795g. Purpose

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

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


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

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

-End-



-CITE-
    29 USC Sec. 795h                                            01/03/2007

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

-HEAD-
    Sec. 795h. Allotments

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

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


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

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

-End-



-CITE-
    29 USC Sec. 795i                                            01/03/2007

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

-HEAD-
    Sec. 795i. Availability of services

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

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


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

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

-End-



-CITE-
    29 USC Sec. 795j                                            01/03/2007

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

-HEAD-
    Sec. 795j. Eligibility

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

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


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

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

-End-



-CITE-
    29 USC Sec. 795k                                            01/03/2007

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

-HEAD-
    Sec. 795k. State plan

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

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 795l                                            01/03/2007

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

-HEAD-
    Sec. 795l. Restriction

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

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


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

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

-End-



-CITE-
    29 USC Sec. 795m                                            01/03/2007

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

-HEAD-
    Sec. 795m. Savings provision

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

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


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

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

-End-



-CITE-
    29 USC Sec. 795n                                            01/03/2007

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

-HEAD-
    Sec. 795n. Authorization of appropriations

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

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


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

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

-End-


-CITE-
    29 USC SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND
           CENTERS FOR INDEPENDENT LIVING                  01/03/2007

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

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

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

-End-


-CITE-
    29 USC Part A - Individuals With Significant Disabilities    01/03/2007 

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

-HEAD-
            PART A - INDIVIDUALS WITH SIGNIFICANT DISABILITIES        

-End-


-CITE-
    29 USC subpart 1 - general provisions                       01/03/2007

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

-HEAD-
                      SUBPART 1 - GENERAL PROVISIONS                  

-End-



-CITE-
    29 USC Sec. 796                                             01/03/2007

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

-HEAD-
    Sec. 796. Purpose

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

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


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

-End-



-CITE-
    29 USC Sec. 796a                                            01/03/2007

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

-HEAD-
    Sec. 796a. Definitions

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

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


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

-End-



-CITE-
    29 USC Sec. 796b                                            01/03/2007

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 796c                                            01/03/2007

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

-HEAD-
    Sec. 796c. State plan

-STATUTE-
    (a) In general
      (1) Requirement
        To be eligible to receive financial assistance under this part,
      a State shall submit to the Commissioner, and obtain approval of,
      a State plan containing such provisions as the Commissioner may
      require, including, at a minimum, the provisions required in this
      section.
      (2) Joint development
        The plan under paragraph (1) shall be jointly developed and
      signed by - 
          (A) the director of the designated State unit; and
          (B) the chairperson of the Statewide Independent Living
        Council, acting on behalf of and at the direction of the
        Council.
      (3) Periodic review and revision
        The plan shall provide for the review and revision of the plan,
      not less than once every 3 years, to ensure the existence of
      appropriate planning, financial support and coordination, and
      other assistance to appropriately address, on a statewide and
      comprehensive basis, needs in the State for - 
          (A) the provision of State independent living services;
          (B) the development and support of a statewide network of
        centers for independent living; and
          (C) working relationships between - 
            (i) programs providing independent living services and
          independent living centers; and
            (ii) the vocational rehabilitation program established
          under subchapter I of this chapter, and other programs
          providing services for individuals with disabilities.
      (4) Date of submission
        The State shall submit the plan to the Commissioner 90 days
      before the completion date of the preceding plan. If a State
      fails to submit such a plan that complies with the requirements
      of this section, the Commissioner may withhold financial
      assistance under this part until such time as the State submits
      such a plan.
    (b) Statewide Independent Living Council
      The plan shall provide for the establishment of a Statewide
    Independent Living Council in accordance with section 796d of this
    title.
    (c) Designation of State unit
      The plan shall designate the designated State unit of such State
    as the agency that, on behalf of the State, shall - 
        (1) receive, account for, and disburse funds received by the
      State under this part based on the plan;
        (2) provide administrative support services for a program under
      subpart 2, and a program under subpart 3 in a case in which the
      program is administered by the State under section 796f-2 of this
      title;
        (3) keep such records and afford such access to such records as
      the Commissioner finds to be necessary with respect to the
      programs; and
        (4) submit such additional information or provide such
      assurances as the Commissioner may require with respect to the
      programs.
    (d) Objectives
      The plan shall - 
        (1) specify the objectives to be achieved under the plan and
      establish timelines for the achievement of the objectives; and
        (2) explain how such objectives are consistent with and further
      the purpose of this part.
    (e) Independent living services
      The plan shall provide that the State will provide independent
    living services under this part to individuals with significant
    disabilities, and will provide the services to such an individual
    in accordance with an independent living plan mutually agreed upon
    by an appropriate staff member of the service provider and the
    individual, unless the individual signs a waiver stating that such
    a plan is unnecessary.
    (f) Scope and arrangements
      The plan shall describe the extent and scope of independent
    living services to be provided under this part to meet such
    objectives. If the State makes arrangements, by grant or contract,
    for providing such services, such arrangements shall be described
    in the plan.
    (g) Network
      The plan shall set forth a design for the establishment of a
    statewide network of centers for independent living that comply
    with the standards and assurances set forth in section 796f-4 of
    this title.
    (h) Centers
      In States in which State funding for centers for independent
    living equals or exceeds the amount of funds allotted to the State
    under subpart 3, as provided in section 796f-2 of this title, the
    plan shall include policies, practices, and procedures governing
    the awarding of grants to centers for independent living and
    oversight of such centers consistent with section 796f-2 of this
    title.
    (i) Cooperation, coordination, and working relationships among
      various entities
      The plan shall set forth the steps that will be taken to maximize
    the cooperation, coordination, and working relationships among - 
        (1) the independent living rehabilitation service program, the
      Statewide Independent Living Council, and centers for independent
      living; and
        (2) the designated State unit, other State agencies represented
      on such Council, other councils that address the needs of
      specific disability populations and issues, and other public and
      private entities determined to be appropriate by the Council.
    (j) Coordination of services
      The plan shall describe how services funded under this part will
    be coordinated with, and complement, other services, in order to
    avoid unnecessary duplication with other Federal, State, and local
    programs.
    (k) Coordination between Federal and State sources
      The plan shall describe efforts to coordinate Federal and State
    funding for centers for independent living and independent living
    services.
    (l) Outreach
      With respect to services and centers funded under this part, the
    plan shall set forth steps to be taken regarding outreach to
    populations that are unserved or underserved by programs under this
    subchapter, including minority groups and urban and rural
    populations.
    (m) Requirements
      The plan shall provide satisfactory assurances that all
    recipients of financial assistance under this part will - 
        (1) notify all individuals seeking or receiving services under
      this part about the availability of the client assistance program
      under section 732 of this title, the purposes of the services
      provided under such program, and how to contact such program;
        (2) take affirmative action to employ and advance in employment
      qualified individuals with disabilities on the same terms and
      conditions required with respect to the employment of such
      individuals under the provisions of section 793 of this title;
        (3) adopt such fiscal control and fund accounting procedures as
      may be necessary to ensure the proper disbursement of and
      accounting for funds paid to the State under this part;
        (4)(A) maintain records that fully disclose - 
          (i) the amount and disposition by such recipient of the
        proceeds of such financial assistance;
          (ii) the total cost of the project or undertaking in
        connection with which such financial assistance is given or
        used; and
          (iii) the amount of that portion of the cost of the project
        or undertaking supplied by other sources;

        (B) maintain such other records as the Commissioner determines
      to be appropriate to facilitate an effective audit;
        (C) afford such access to records maintained under
      subparagraphs (A) and (B) as the Commissioner determines to be
      appropriate; and
        (D) submit such reports with respect to such records as the
      Commissioner determines to be appropriate;
        (5) provide access to the Commissioner and the Comptroller
      General or any of their duly authorized representatives, for the
      purpose of conducting audits and examinations, of any books,
      documents, papers, and records of the recipients that are
      pertinent to the financial assistance received under this part;
      and
        (6) provide for public hearings regarding the contents of the
      plan during both the formulation and review of the plan.
    (n) Evaluation
      The plan shall establish a method for the periodic evaluation of
    the effectiveness of the plan in meeting the objectives established
    in subsection (d) of this section, including evaluation of
    satisfaction by individuals with disabilities.

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


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

-End-



-CITE-
    29 USC Sec. 796d                                            01/03/2007

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

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

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 796d-1                                          01/03/2007

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

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

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

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


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

-End-


-CITE-
    29 USC subpart 2 - independent living services              01/03/2007

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

-HEAD-
                  SUBPART 2 - INDEPENDENT LIVING SERVICES              

-End-



-CITE-
    29 USC Sec. 796e                                            01/03/2007

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

-HEAD-
    Sec. 796e. Allotments

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

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

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


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

-End-



-CITE-
    29 USC Sec. 796e-1                                          01/03/2007

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 796e-2                                          01/03/2007

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 796e-3                                          01/03/2007

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

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

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

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


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

-End-


-CITE-
    29 USC subpart 3 - centers for independent living           01/03/2007

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

-HEAD-
                SUBPART 3 - CENTERS FOR INDEPENDENT LIVING            

-End-



-CITE-
    29 USC Sec. 796f                                            01/03/2007

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

-HEAD-
    Sec. 796f. Program authorization

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

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

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


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

-End-



-CITE-
    29 USC Sec. 796f-1                                          01/03/2007

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

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

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 796f-2                                          01/03/2007

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

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

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

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 796f-3                                          01/03/2007

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

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

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

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

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


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

-End-



-CITE-
    29 USC Sec. 796f-4                                          01/03/2007

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

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

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

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

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


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

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

-End-



-CITE-
    29 USC Sec. 796f-5                                          01/03/2007

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

-HEAD-
    Sec. 796f-5. "Eligible agency" defined

-STATUTE-
      As used in this subpart, the term "eligible agency" means a
    consumer-controlled, community-based, cross-disability,
    nonresidential private nonprofit agency.

-SOURCE-
    (Pub. L. 93-112, title VII, Sec. 726, as added Pub. L. 105-220,
    title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 796f-5, Pub. L. 93-112, title VII, Sec. 726, as
    added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
    Stat. 4464, defined "eligible agency", prior to the general
    amendment of this subchapter by Pub. L. 105-220.

-End-



-CITE-
    29 USC Sec. 796f-6                                          01/03/2007

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

-HEAD-
    Sec. 796f-6. Authorization of appropriations

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

-SOURCE-
    (Pub. L. 93-112, title VII, Sec. 727, as added Pub. L. 105-220,
    title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 796f-6, Pub. L. 93-112, title VII, Sec. 727, as
    added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
    Stat. 4464, authorized appropriations, prior to the general
    amendment of this subchapter by Pub. L. 105-220.
      Prior sections 796g to 796i were repealed by Pub. L. 102-569,
    title VII, Sec. 701(1), Oct. 29, 1992, 106 Stat. 4443.
      Section 796g, Pub. L. 93-112, title VII, Sec. 731, as added Pub.
    L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 3000;
    amended Pub. L. 99-506, title I, Sec. 103(h)(2), Oct. 21, 1986, 100
    Stat. 1811; Pub. L. 100-630, title II, Sec. 208(h), Nov. 7, 1988,
    102 Stat. 3314, provided for grants to States to establish systems
    to protect and advocate for rights of individuals with severe
    handicaps.
      Section 796h, Pub. L. 93-112, title VII, Sec. 732, as added Pub.
    L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 3000;
    amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986,
    100 Stat. 1810, related to affirmative action on part of recipients
    of assistance to employ and advance in employment qualified
    individuals with handicaps.
      Section 796i, Pub. L. 93-112, title VII, Sec. 741, formerly Sec.
    731, as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
    Stat. 3001; renumbered Sec. 741 and amended Pub. L. 98-221, title
    I, Sec. 172(a)(1), (b), Feb. 22, 1984, 98 Stat. 32; Pub. L. 99-506,
    title VIII, Sec. 806, Oct. 21, 1986, 100 Stat. 1840; Pub. L. 100-
    630, title II, Sec. 208(i), Nov. 7, 1988, 102 Stat. 3315; Pub. L.
    102-52, Sec. 8, June 6, 1991, 105 Stat. 262, provided for
    appropriations.

-End-


-CITE-
    29 USC Part B - Independent Living Services for Older
                     Individuals Who Are Blind             01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
                  SERVICES                        
    SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
           INDEPENDENT LIVING                            
    Part B - Independent Living Services for Older Individuals Who Are
              Blind                                   

-HEAD-
    PART B - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
                                   BLIND

-End-



-CITE-
    29 USC Sec. 796j                                            01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
                  SERVICES                        
    SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
           INDEPENDENT LIVING                            
    Part B - Independent Living Services for Older Individuals Who Are
              Blind                                   

-HEAD-
    Sec. 796j. "Older individual who is blind" defined

-STATUTE-
      For purposes of this part, the term "older individual who is
    blind" means an individual age 55 or older whose significant visual
    impairment makes competitive employment extremely difficult to
    attain but for whom independent living goals are feasible.

-SOURCE-
    (Pub. L. 93-112, title VII, Sec. 751, as added Pub. L. 105-220,
    title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 796j, Pub. L. 93-112, title VII, Sec. 751, as
    added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106
    Stat. 4464, defined "older individual who is blind", prior to the
    general amendment of this subchapter by Pub. L. 105-220.

-End-



-CITE-
    29 USC Sec. 796k                                            01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
                  SERVICES                        
    SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
           INDEPENDENT LIVING                            
    Part B - Independent Living Services for Older Individuals Who Are
              Blind                                   

-HEAD-
    Sec. 796k. Program of grants

-STATUTE-
    (a) In general
      (1) Authority for grants
        Subject to subsections (b) and (c) of this section, the
      Commissioner may make grants to States for the purpose of
      providing the services described in subsection (d) of this
      section to older individuals who are blind.
      (2) Designated State agency
        The Commissioner may not make a grant under this subsection
      unless the State involved agrees that the grant will be
      administered solely by the agency described in section
      721(a)(2)(A)(i) of this title.
    (b) Contingent competitive grants
      Beginning with fiscal year 1993, in the case of any fiscal year
    for which the amount appropriated under section 796l of this title
    is less than $13,000,000, grants made under subsection (a) of this
    section shall be - 
        (1) discretionary grants made on a competitive basis to States;
      or
        (2) grants made on a noncompetitive basis to pay for the
      continuation costs of activities for which a grant was awarded - 
          (A) under this part; or
          (B) under part C of this subchapter, as in effect on the day
        before October 29, 1992.
    (c) Contingent formula grants
      (1) In general
        In the case of any fiscal year for which the amount
      appropriated under section 796l of this title is equal to or
      greater than $13,000,000, grants under subsection (a) of this
      section shall be made only to States and shall be made only from
      allotments under paragraph (2).
      (2) Allotments
        For grants under subsection (a) of this section for a fiscal
      year described in paragraph (1), the Commissioner shall make an
      allotment to each State in an amount determined in accordance
      with subsection (j) of this section, and shall make a grant to
      the State of the allotment made for the State if the State
      submits to the Commissioner an application in accordance with
      subsection (i) of this section.
    (d) Services generally
      The Commissioner may not make a grant under subsection (a) of
    this section unless the State involved agrees that the grant will
    be expended only for purposes of - 
        (1) providing independent living services to older individuals
      who are blind;
        (2) conducting activities that will improve or expand services
      for such individuals; and
        (3) conducting activities to help improve public understanding
      of the problems of such individuals.
    (e) Independent living services
      Independent living services for purposes of subsection (d)(1) of
    this section include - 
        (1) services to help correct blindness, such as - 
          (A) outreach services;
          (B) visual screening;
          (C) surgical or therapeutic treatment to prevent, correct, or
        modify disabling eye conditions; and
          (D) hospitalization related to such services;

        (2) the provision of eyeglasses and other visual aids;
        (3) the provision of services and equipment to assist an older
      individual who is blind to become more mobile and more self-
      sufficient;
        (4) mobility training, braille instruction, and other services
      and equipment to help an older individual who is blind adjust to
      blindness;
        (5) guide services, reader services, and transportation;
        (6) any other appropriate service designed to assist an older
      individual who is blind in coping with daily living activities,
      including supportive services and rehabilitation teaching
      services;
        (7) independent living skills training, information and
      referral services, peer counseling, and individual advocacy
      training; and
        (8) other independent living services.
    (f) Matching funds
      (1) In general
        The Commissioner may not make a grant under subsection (a) of
      this section unless the State involved agrees, with respect to
      the costs of the program to be carried out by the State pursuant
      to such subsection, to make available (directly or through
      donations from public or private entities) non-Federal
      contributions toward such costs in an amount that is not less
      than $1 for each $9 of Federal funds provided in the grant.
      (2) Determination of amount contributed
        Non-Federal contributions required in paragraph (1) may be in
      cash or in kind, fairly evaluated, including plant, equipment, or
      services. Amounts provided by the Federal Government, or services
      assisted or subsidized to any significant extent by the Federal
      Government, may not be included in determining the amount of such
      non-Federal contributions.
    (g) Certain expenditures of grants
      A State may expend a grant under subsection (a) of this section
    to carry out the purposes specified in subsection (d) of this
    section through grants to public and nonprofit private agencies or
    organizations.
    (h) Requirement regarding State plan
      The Commissioner may not make a grant under subsection (a) of
    this section unless the State involved agrees that, in carrying out
    subsection (d)(1) of this section, the State will seek to
    incorporate into the State plan under section 796c of this title
    any new methods and approaches relating to independent living
    services for older individuals who are blind.
    (i) Application for grant
      (1) In general
        The Commissioner may not make a grant under subsection (a) of
      this section unless an application for the grant is submitted to
      the Commissioner and the application is in such form, is made in
      such manner, and contains such agreements, assurances, and
      information as the Commissioner determines to be necessary to
      carry out this section (including agreements, assurances, and
      information with respect to any grants under subsection (j)(4) of
      this section).
      (2) Contents
        An application for a grant under this section shall contain - 
          (A) an assurance that the agency described in subsection
        (a)(2) of this section will prepare and submit to the
        Commissioner a report, at the end of each fiscal year, with
        respect to each project or program the agency operates or
        administers under this section, whether directly or through a
        grant or contract, which report shall contain, at a minimum,
        information on - 
            (i) the number and types of older individuals who are blind
          and are receiving services;
            (ii) the types of services provided and the number of older
          individuals who are blind and are receiving each type of
          service;
            (iii) the sources and amounts of funding for the operation
          of each project or program;
            (iv) the amounts and percentages of resources committed to
          each type of service provided;
            (v) data on actions taken to employ, and advance in
          employment, qualified individuals with significant
          disabilities, including older individuals who are blind; and
            (vi) a comparison, if appropriate, of prior year activities
          with the activities of the most recent year;

          (B) an assurance that the agency will - 
            (i) provide services that contribute to the maintenance of,
          or the increased independence of, older individuals who are
          blind; and
            (ii) engage in - 
              (I) capacity-building activities, including collaboration
            with other agencies and organizations;
              (II) activities to promote community awareness,
            involvement, and assistance; and
              (III) outreach efforts; and

          (C) an assurance that the application is consistent with the
        State plan for providing independent living services required
        by section 796c of this title.
    (j) Amount of formula grant
      (1) In general
        Subject to the availability of appropriations, the amount of an
      allotment under subsection (a) of this section for a State for a
      fiscal year shall be the greater of - 
          (A) the amount determined under paragraph (2); or
          (B) the amount determined under paragraph (3).
      (2) Minimum allotment
        (A) States
          In the case of the several States, the District of Columbia,
        and the Commonwealth of Puerto Rico, the amount referred to in
        subparagraph (A) of paragraph (1) for a fiscal year is the
        greater of - 
            (i) $225,000; or
            (ii) an amount equal to  1/3  of 1 percent of the amount
          appropriated under section 796l of this title for the fiscal
          year and available for allotments under subsection (a) of
          this section.
        (B) Certain territories
          In the case of Guam, American Samoa, the United States Virgin
        Islands, and the Commonwealth of the Northern Mariana Islands,
        the amount referred to in subparagraph (A) of paragraph (1) for
        a fiscal year is $40,000.
      (3) Formula
        The amount referred to in subparagraph (B) of paragraph (1) for
      a State for a fiscal year is the product of - 
          (A) the amount appropriated under section 796l of this title
        and available for allotments under subsection (a) of this
        section; and
          (B) a percentage equal to the quotient of - 
            (i) an amount equal to the number of individuals residing
          in the State who are not less than 55 years of age; divided
          by
            (ii) an amount equal to the number of individuals residing
          in the United States who are not less than 55 years of age.
      (4) Disposition of certain amounts
        (A) Grants
          From the amounts specified in subparagraph (B), the
        Commissioner may make grants to States whose population of
        older individuals who are blind has a substantial need for the
        services specified in subsection (d) of this section relative
        to the populations in other States of older individuals who are
        blind.
        (B) Amounts
          The amounts referred to in subparagraph (A) are any amounts
        that are not paid to States under subsection (a) of this
        section as a result of - 
            (i) the failure of any State to submit an application under
          subsection (i) of this section;
            (ii) the failure of any State to prepare within a
          reasonable period of time such application in compliance with
          such subsection; or
            (iii) any State informing the Commissioner that the State
          does not intend to expend the full amount of the allotment
          made for the State under subsection (a) of this section.
        (C) Conditions
          The Commissioner may not make a grant under subparagraph (A)
        unless the State involved agrees that the grant is subject to
        the same conditions as grants made under subsection (a) of this
        section.

-SOURCE-
    (Pub. L. 93-112, title VII, Sec. 752, as added Pub. L. 105-220,
    title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1237.)

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


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 796k, Pub. L. 93-112, title VII, Sec. 752, as
    added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106
    Stat. 4465; amended Pub. L. 103-73, title I, Sec. 114(m), Aug. 11,
    1993, 107 Stat. 732, authorized grants to provide independent
    living services for older individuals who are blind, prior to the
    general amendment of this subchapter by Pub. L. 105-220.

-End-



-CITE-
    29 USC Sec. 796l                                            01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
                  SERVICES                        
    SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
           INDEPENDENT LIVING                            
    Part B - Independent Living Services for Older Individuals Who Are
              Blind                                   

-HEAD-
    Sec. 796l. Authorization of appropriations

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

-SOURCE-
    (Pub. L. 93-112, title VII, Sec. 753, as added Pub. L. 105-220,
    title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1241.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 796l, Pub. L. 93-112, title VII, Sec. 753, as
    added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106
    Stat. 4468, authorized appropriations, prior to the general
    amendment of this subchapter by Pub. L. 105-220.

-End-


-CITE-
    29 USC SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND
           TRAINING PROJECTS                               01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
                  SERVICES                        
    SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

-HEAD-
      SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS  

-End-



-CITE-
    29 USC Secs. 797 to 797b                                    01/03/2007

-EXPCITE-
    TITLE 29 - LABOR
    CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
                  SERVICES                        
    SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

-HEAD-
    Secs. 797 to 797b. Repealed.

-MISC1-
    Secs. 797 to 797b. Repealed. Pub. L. 105-220, title IV, Sec. 411,
      Aug. 7, 1998, 112 Stat. 1241.
      Section 797, Pub. L. 93-112, title VIII, Sec. 801, as added Pub.
    L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4469,
    authorized appropriations.
      Section 797a, Pub. L. 93-112, title VIII, Sec. 802, as added Pub.
    L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4469,
    authorized grants for various demonstration projects.
      Section 797b, Pub. L. 93-112, title VIII, Sec. 803, as added Pub.
    L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4478,
    authorized grants for training projects.

-End-