§ 713 TITLE 29—LABOR Page 196

1So in original. Probably should be followed by a period.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 721, 722, 726,

753a, 776, 795g, 795o, 796d–1 of this title.

§ 713. Program and project evaluation

(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. The standards shall,

to the extent feasible, for all appropriate programs include standards relating to the increases in employment and earnings, taking

into account economic factors in the area to be

served by the program, the characteristics of

the individuals with disabilities to be served,

and the employment outcomes to be attained.

Evaluations shall be conducted by persons not

immediately involved in the administration of

the program or project 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) Publication of annual summaries

The Secretary shall annually publish summaries of the results of evaluative research and

evaluations of program and project impact and

effectiveness, including the standards used for

such evaluations, the full contents of which

shall be available to the Congress and the public.

(d) 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 shall become the property of the United

States.

(e) Information from other departments and

agencies

Such information as the Secretary may deem

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.

(f) 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 the individuals 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 1

(g) Authorization of appropriations

There are authorized to be appropriated to

carry out this section such sums as may be necessary.

(Pub. L. 93–112, §14, as added Pub. L. 95–602, title

I, §122(a)(10), Nov. 6, 1978, 92 Stat. 2986; amended

Pub. L. 98–221, title I, §103, Feb. 22, 1984, 98 Stat.

17; Pub. L. 99–506, title I, §§103(d)(2)(C), 106, title

X, §1001(a)(5), Oct. 21, 1986, 100 Stat. 1810, 1812,

1841; Pub. L. 100–630, title II, §201(f), Nov. 7, 1988,

102 Stat. 3304; Pub. L. 102–569, title I, §§102(p)(5),

107, Oct. 29, 1992, 106 Stat. 4356, 4362.)

PRIOR PROVISIONS

Provisions similar to those comprising this section

were contained in former section 781 of this title, prior

to repeal by Pub. L. 95–602, title I, §117, Nov. 6, 1978, 92

Stat. 2977.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–569, §107(2)(C), inserted

‘‘, and the employment outcomes to be attained’’ before period at end of third sentence.

Pub. L. 102–569, §107(2)(B), which directed substitution of ‘‘, the characteristics’’ for ‘‘and the characteristics’’ in third sentence, could not be executed because ‘‘and the characteristics’’ did not appear subsequent to amendment by Pub. L. 102–569, §107(2)(A). See

below.

Pub. L. 102–569, §107(2)(A), substituted ‘‘program, the

characteristics’’ for ‘‘program and the characteristics’’

in third sentence.

Pub. L. 102–569, §§102(p)(5), 107(1), substituted ‘‘Secretary, in consultation with the Commissioner,’’ for

‘‘Commissioner’’ before ‘‘shall evaluate’’, ‘‘Secretary’’

for ‘‘Commissioner’’ before ‘‘shall establish’’, and ‘‘disabilities’’ for ‘‘handicaps’’ after ‘‘individuals with’’.

Subsec. (b). Pub. L. 102–569, §107(1)(B), (3), substituted

‘‘the Secretary shall obtain the opinions’’ for ‘‘the

Commissioner shall, whenever possible, arrange to obtain the opinions’’.

Subsecs. (c) to (e). Pub. L. 102–569, §107(1)(B), substituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever appearing.

Subsecs. (f), (g). Pub. L. 102–569, §107(4), added subsec.

(f) and redesignated former subsec. (f) as (g).

1988—Subsec. (a). Pub. L. 100–630, §201(f)(1), inserted

comma after ‘‘earnings’’.

Subsec. (c). Pub. L. 100–630, §201(f)(2), substituted

‘‘evaluations of program’’ for ‘‘evaluation of program’’.

1986—Subsec. (a). Pub. L. 99–506, §§103(d)(2)(C), 106(a),

(c), substituted provision that the Commissioner evaluate all programs authorized by this chapter for the purpose of improving program management and effectiveness, using appropriate methodology and evaluative research designs, for provision that the Secretary evaluate the impact of all authorized programs and their

general effectiveness in achieving stated goals, including, where appropriate, comparisons with appropriate

control groups composed of persons who had not participated in such programs, ‘‘The Commissioner shall

establish’’ for ‘‘The Secretary shall establish’’, and ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’.

Subsec. (b). Pub. L. 99–506, §106(c), substituted ‘‘the

Commissioner’’ for ‘‘the Secretary’’.

Subsec. (c). Pub. L. 99–506, §106(b), (c), substituted

‘‘The Commissioner’’ for ‘‘The Secretary’’ and inserted
Page 197 TITLE 29—LABOR § 715

‘‘including the standards used for such evaluations,’’

after ‘‘effectiveness,’’.

Subsec. (d). Pub. L. 99–506, §106(c), substituted ‘‘The

Commissioner’’ for ‘‘The Secretary’’.

Subsec. (e). Pub. L. 99–506, §1001(a)(5)(B), substituted

‘‘upon request of the Commissioner’’ for ‘‘to him, upon

request’’.

Pub. L. 99–506, §§106(c), 1001(a)(5)(A), made identical

amendments, substituting ‘‘as the Commissioner may

deem necessary’’ for ‘‘as the Secretary may deem necessary’’.

1984—Subsec. (a). Pub. L. 98–221 inserted provisions

requiring the Secretary to establish and use standards

for the evaluations required by this subsection, with

such standards, to the extent feasible, for all appropriate programs to include standards relating to the increases in employment and earnings taking into account economic factors in the area to be served by the

program and the characteristics of the handicapped individuals to be served.

STUDY ON SPECIAL PROBLEMS AND NEEDS OF HANDICAPPED INDIVIDUALS RESIDING IN RURAL AREAS; REPORT TO PRESIDENT AND CONGRESS

Section 402 of Pub. L. 95–602, as amended by Pub. L.

98–221, title I, §104(c)(2), Feb. 22, 1984, 98 Stat. 19, provided that the Secretary, after consultation with the

Commissioner of the Rehabilitation Services Administration, Assistant Secretary of Education for the Office

of Special Education and Rehabilitation Services, the

Director of the National Institute on Handicapped Research, and other appropriate officials, organizations,

and individuals, conduct a study of the special problems and needs of handicapped individuals who reside

in rural areas in the United States, and upon the completion of such study, but not later than eighteen

months after the date of Nov. 6, 1978, submit the results

of such study, together with such recommendations as

deemed appropriate to the President, and to the appropriate committees of the Congress.

STUDY ON ELIMINATION OF DISINCENTIVES TO EMPLOYMENT FOR INDIVIDUALS RECEIVING BENEFITS; REPORT

TO PRESIDENT AND CONGRESS

Section 403 of Pub. L. 95–602 provided that, in consultation with appropriate Federal departments and

agencies, the Secretary conduct a study of possible

ways to structure Federal programs providing benefits

to handicapped individuals in order to eliminate any

disincentives for individuals receiving benefits under

such programs to obtain and continue in employment,

and upon the completion of such study, but not later

than twenty-four months after Nov. 6, 1978, submit the

results of such study, together with such recommendations as deemed appropriate to the President and the

Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 706 of this title.

§ 714. Information clearinghouse

(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,

(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.

(Pub. L. 93–112, §15, as added Pub. L. 95–602, title

I, §122(a)(10), Nov. 6, 1978, 92 Stat. 2986; amended

Pub. L. 96–374, title XIII, §1322, Oct. 3, 1980, 94

Stat. 1499; Pub. L. 98–221, title I, §104(a)(1), Feb.

22, 1984, 98 Stat. 18; Pub. L. 99–506, title I,

§103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L.

102–569, title I, §102(p)(6), Oct. 29, 1992, 106 Stat.

4356.)

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–569, §102(p)(6)(A), (B),

substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’ wherever appearing and ‘‘scientific developments bearing on disabilities’’ for ‘‘scientific developments bearing on handicapping conditions’’.

Subsec. (b). Pub. L. 102–569, §102(p)(6)(A), substituted

‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (c). Pub. L. 102–569, §102(p)(6)(C), substituted

‘‘Individuals with Disabilities’’ for ‘‘the Handicapped’’.

1986—Subsecs. (a), (b). Pub. L. 99–506 substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing.

1984—Subsec. (b). Pub. L. 98–221 substituted ‘‘Department of Education’’ for ‘‘Department of Health, Education, and Welfare’’.

1980—Subsec. (a). Pub. L. 96–374, §1322(a), substituted

‘‘The Secretary shall establish’’ for ‘‘The Secretary

may establish’’.

Subsec. (c). Pub. L. 96–374, §1322(b), substituted ‘‘The

office’’ for ‘‘Any office’’.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 712 of this

title.

§ 715. Transfer of funds

(a) Except as provided in subsection (b) of this

section, no funds appropriated under this chapter for any research 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