Page 235 TITLE 29—LABOR § 750

ments 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 minimum allotment for a State (as

increased under subsection (a)(3) of this section)

under subsection (a)(1)(B) of this section, or the

minimum allotment for a State under subsection (a)(2)(B) of this section, as appropriate.

(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

for carrying out the provisions of this part, the

Commissioner shall make such amount available for carrying out the purposes 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.

(Pub. L. 93–112, title I, §124, as added Pub. L.

102–569, title I, §134(a), Oct. 29, 1992, 106 Stat.

4395; amended Pub. L. 103–73, title I, §107(h),

Aug. 11, 1993, 107 Stat. 723.)

REFERENCES IN TEXT

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

(a)(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)(A). Pub. L. 103–73, §107(h)(1)(A)(i),

substituted ‘‘paragraph (1)(B)’’ for ‘‘this subsection’’.

Subsec. (a)(2)(B). Pub. L. 103–73, §107(h)(1)(A)(ii), substituted ‘‘allotted under paragraph (1)(A)’’ for ‘‘allotted’’.

Subsec. (a)(3). Pub. L. 103–73, §107(h)(1)(B), added par.

(3) and struck out heading and text of former par. (3).

Text read as follows: ‘‘For purposes of determining the

minimum amount of an allotment under paragraph

(1)(B), the amount $200,000 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. (b). Pub. L. 103–73, §107(h)(2), added subsec. (b)

and struck out heading and text of former subsec. (b).

Text read as follows: ‘‘Amounts necessary to provide

allotments to States in accordance with subsection

(a)(1)(B) of this section as increased under subsection

(a)(3) of this section, or to provide allotments in accordance with subsection (a)(2)(B) of this section, shall

be derived by proportionately reducing the allotments

of the remaining States under subsection (a)(1) of this

section, but with such adjustments as may be necessary to prevent the allotment of any such remaining

States from being thereby reduced to less than the

greater of $200,000 or one-third of one percent of the

sums made available for purposes of this part for the

fiscal year for which the allotment is made, as increased in accordance with subsection (a)(3) of this section.’’

PART D—AMERICAN INDIAN VOCATIONAL

REHABILITATION SERVICES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 724, 725, 730 of this

title.

§ 750. Vocational rehabilitation services grants

(a) Governing bodies of Indian tribes; amount;

non-Federal share

The Commissioner, in accordance with the

provisions of this part, may make grants to the

governing bodies of Indian tribes located on Federal and State reservations (and consortia of

such governing bodies) to pay 90 percent of the

costs of vocational rehabilitation services for

American Indians who are individuals with disabilities residing on such reservations. The nonFederal 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 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 less than twelve

months or more than 36 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 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
§ 751 TITLE 29—LABOR Page 236

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.].

(Pub. L. 93–112, title I, §130, Sept. 26, 1973, 87

Stat. 374; Pub. L. 93–516, title I, §111(g), Dec. 7,

1974, 88 Stat. 1621; Pub. L. 93–651, title I, §111(g),

Nov. 21, 1974, 89 Stat. 2–6; Pub. L. 95–602, title I,

§106, Nov. 6, 1978, 92 Stat. 2960; Pub. L. 99–506,

title I, §103(d)(2)(C), title II, §211, title X,

§1002(b)(1), Oct. 21, 1986, 100 Stat. 1810, 1819, 1844;

Pub. L. 100–630, title II, §202(i), Nov. 7, 1988, 102

Stat. 3306; Pub. L. 102–569, title I, §102(p)(11),

Oct. 29, 1992, 106 Stat. 4357.)

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 (§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.

CODIFICATION

For history of Pub. L. 93–651, which enacted amendments identical to Pub. L. 93–516, see Codification note

set out under section 701 of this title.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–569, §102(p)(11)(A), substituted ‘‘American Indians who are individuals with

disabilities’’ for ‘‘American Indians with handicaps’’.

Subsec. (b)(1)(B). Pub. L. 102–569, §102(p)(11), substituted ‘‘American Indians who are individuals with

disabilities’’ for ‘‘American Indians with handicaps’’

and ‘‘other individuals with disabilities’’ for ‘‘other individuals with handicaps’’.

1988—Subsec. (a). Pub. L. 100–630, §202(i)(1), inserted

comma after ‘‘part’’ and substituted ‘‘American Indians

with handicaps’’ for ‘‘handicapped American Indians’’.

Subsec. (b)(1)(B). Pub. L. 100–630, §202(i)(2), substituted ‘‘American Indians with handicaps’’ for

‘‘handicapped American Indians’’.

Subsecs. (c) to (e). Pub. L. 100–630, §202(i)(3), which redesignated subsec. (e) as (c) and struck out subsec. (d),

was executed without regard to the purported amendment by Pub. L. 95–602 as the probable intent of Congress. Prior to amendment, subsec. (d) read as follows:

‘‘For the purpose of computing the allotment of any

State under section 730(a) of this title, the number of

American Indians residing on a reservation to be served

by a grant under this part shall be subtracted from the

population used for such State in section 730(a)(1) of

this title as follows:

‘‘(1) 33 percent of such American Indians in the first

fiscal year during which such Indians are served by

grants under this part;

‘‘(2) 66 percent of such American Indians in the second fiscal year during which such Indians are served

by grants under this part; and

‘‘(3) 100 percent of such American Indians in the

third fiscal year during which such Indians are served

by grants under this part.’’

1986—Subsec. (a). Pub. L. 99–506, §211(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read

as follows: ‘‘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 to pay 90 percent of the costs of vocational

rehabilitation services for handicapped American Indians residing on such reservations.’’

Subsec. (b)(1)(B). Pub. L. 99–506, §§103(d)(2)(C),

211(b)(1), substituted ‘‘individuals with handicaps’’ for

‘‘handicapped individuals’’ and inserted provision including services traditionally used by Indian tribes.

Subsec. (b)(2). Pub. L. 99–506, §1002(b)(1), substituted

‘‘Secretary of Education’’ for ‘‘Secretary of Health,

Education, and Welfare’’.

Subsec. (b)(3). Pub. L. 99–506, §211(b)(2), inserted ‘‘or

more than 36 months,’’ after ‘‘months’’.

Subsec. (b)(4), (5). Pub. L. 99–506, §211(b)(3), added

pars. (4) and (5).

Subsecs. (c), (d). Pub. L. 99–506, §211(c), purported to

strike out subsec. (c) and redesignate subsec. (d) as (c).

As amended by Pub. L. 95–602 section did not contain a

subsec. (c). See 1988 Amendment note above.

1978—Pub. L. 95–602 amended section generally, substituting subsecs. (a), (b), (d), and (e) relating to authorizing vocational rehabilitation services grants to

handicapped American Indians for former subsecs. (a)

and (b) relating to a study of comprehensive service

needs of individuals with the most severe handicaps.

1974—Subsec. (b). Pub. L. 93–516 substituted ‘‘June 30,

1975’’ for ‘‘February 1, 1975’’.

Pub. L. 93–651 amended subsec. (b) in exactly the

same manner as it was amended by Pub. L. 93–516.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 721 of this title.

§ 751. Repealed. Pub. L. 99–506, title X,

§ 1002(b)(2)(A), Oct. 21, 1986, 100 Stat. 1844

Section, Pub. L. 93–112, title I, §131, as added Pub. L.

95–602, title I, §106, Nov. 6, 1978, 92 Stat. 2961, and

amended Pub. L. 99–506, title I, §103(d)(2)(C), Oct. 21,

1986, 100 Stat. 1810, directed Secretary to submit to

Congress, not less than thirty months after Nov. 6, 1978,

an evaluation of programs conducted under this part.

§ 752. Repealed. Pub. L. 102–569, title I, § 135(a),

Oct. 29, 1992, 106 Stat. 4396

Section, Pub. L. 93–112, title I, §131, formerly §132, as

added Pub. L. 99–506, title II, §212(a), Oct. 21, 1986, 100

Stat. 1820; renumbered §132, Pub. L. 100–630, title II,

§202(j), Nov. 7, 1988, 102 Stat. 3307, provided for study on

special problems and needs of Indians with handicaps

both on and off the reservation.

PART E—VOCATIONAL REHABILITATION SERVICES

CLIENT INFORMATION

§ 753. Review of data collection and reporting

system

(a) Review

The Commissioner shall conduct a comprehensive review of the current system for collecting

and reporting data on clients of programs carried out under this chapter, particularly data on

clients of the programs carried out under this

subchapter.

(b) Considerations

(1) Current data

In conducting the review, the Commissioner

shall examine the kind, quantity, and quality

of the data that are currently collected and reported, taking into consideration the range of

purposes that the data serve at the Federal,

State, and local levels.

(2) Additional information

In conducting the review, the Commissioner

shall examine the feasibility of collecting and