Page 321 TITLE 29—LABOR § 796k

§ 796k. Program of grants

(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)(1)(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, as defined in section 706(30) of this title.

(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
§ 796k TITLE 29—LABOR Page 322

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 designated State

unit 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 designated State unit 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 severe 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 designated State

unit 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 one-third of one

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, the Commonwealth of the Northern Mariana Islands, and

the Republic of Palau, the amount referred

to in subparagraph (A) of paragraph (1) for a

fiscal year is $40,000, except that the Republic of Palau may receive such allotment

under this section only until the Compact of

Free Association with Palau takes effect.

(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 in-
Page 323 TITLE 29—LABOR § 797a

volved agrees that the grant is subject to the

same conditions as grants made under subsection (a) of this section.

(Pub. L. 93–112, title VII, §752, as added Pub. L.

102–569, title VII, §703(a), Oct. 29, 1992, 106 Stat.

4465; amended Pub. L. 103–73, title I, §114(m),

Aug. 11, 1993, 107 Stat. 732.)

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 (§796f) which was included in the

repeal of subchapter VII of this chapter by Pub. L.

102–569, title VII, §701(1), Oct. 29, 1992, 106 Stat. 4443.

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec.

(j)(2)(B), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777,

set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

AMENDMENTS

1993—Subsec. (a)(2). Pub. L. 103–73, §114(m)(1), substituted ‘‘agency’’ for ‘‘unit’’ in heading.

Subsec. (b). Pub. L. 103–73, §114(m)(2), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Beginning with fiscal year

1994, 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 under subsection (a) of this

section shall be discretionary grants made on a competitive basis to States.’’

Subsec. (j)(1)(A). Pub. L. 103–73, §114(m)(3)(A), substituted ‘‘or’’ for ‘‘and’’ at end.

Subsec. (j)(2)(A)(i). Pub. L. 103–73, §114(m)(3)(B), substituted ‘‘or’’ for ‘‘and’’ at end.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 718 of this title.

§ 796l. Authorization of appropriations

There are authorized to be appropriated to

carry out this part such sums as may be necessary for each of the fiscal years 1993 through

1997.

(Pub. L. 93–112, title VII, §753, as added Pub. L.

102–569, title VII, §703(a), Oct. 29, 1992, 106 Stat.

4468.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 796k of this title.

SUBCHAPTER VIII—SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 706, 718b,

762, 771a, 777a of this title.

§ 797. Authorization of appropriations

(a) Demonstration projects

There are authorized to be appropriated to

carry out section 797a of this title, such sums as

may be necessary for each of the fiscal years

1993 through 1997.

(b) Training initiatives

There are authorized to be appropriated to

carry out section 797b of this title, such sums as

may be necessary for each of the fiscal years

1993 through 1997.

(Pub. L. 93–112, title VIII, §801, as added Pub. L.

102–569, title VIII, §801(a), Oct. 29, 1992, 106 Stat.

4469.)

§ 797a. Demonstration activities

(a) Transportation services grants

(1) Grants

The Commissioner shall make grants to

States and to public or nonprofit agencies and

organizations for the purpose of providing

transportation services to individuals with

disabilities who—

(A)(i) are employed or seeking employment; or

(ii) are receiving vocational rehabilitation

services from public or private organizations; and

(B) reside in geographic areas in which

fixed route public transportation or comparable paratransit service is not available.

(2) Use of grant

The Commissioner may make a grant under

this subsection only if the applicant involved

agrees that transportation services under this

subsection will be provided on a regular and

continuing basis between—

(A) the home of the individual; and

(B) the place of employment of the individual, the place where the individual is seeking employment, or the place where the individual is receiving vocational rehabilitation

services.

(3) Charges

The Commissioner may make a grant under

paragraph (1) only if the applicant involved

agrees that, in providing transportation services under this subsection—

(A) a charge for the transportation will be

imposed on each employed eligible individual who uses the transportation; and

(B) the amount of the charge for an instance of use of the transportation for the

distance involved will be in a fair and reasonable amount that is consistent with fees

for comparable services in comparable geographic areas.

(4) Report

The Commissioner may make a grant under

this subsection only if the applicant involved

agrees to prepare and submit to the Commissioner, not later than December 31 of the fiscal

year following the fiscal year for which the

grant is made, a report containing—

(A) a description of the goals of the program carried out with the grant;

(B) a description of the activities and services provided under the program;

(C) a description of the number of eligible

individuals served under the program;

(D) a description of methods used to ensure that the program serves the eligible individuals most in need of the transportation

services provided under the program; and

(E) such additional information as the

Commissioner may require.

(5) Construction

Nothing in this subsection may be construed

as limiting the rights or responsibilities of

any individual under any other provision of

this chapter, under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], or

under any other provision of law.