Page 299 TITLE 29—LABOR § 795g

§ 795g. Projects With Industry

(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 Secretaries of Labor and Commerce 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, which shall—

(i) be comprised of—

(I) representatives of private industry,

business concerns, and organized labor;

and

(II) individuals with disabilities and

their representatives;

(ii) identify job and career availability

within the community;

(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

for individuals with disabilities;

(B) provide individuals with disabilities with

training in realistic work settings in order to

prepare the individuals for employment and

career advancement in the competitive market;

(C) provide job placement and career advancement services;

(D) to the extent appropriate, provide for—

(i) the development and modification of

jobs and careers to accommodate the special

needs of such individuals;

(ii) the distribution of rehabilitation technology to such individuals; and

(iii) the modification of any facilities or

equipment of the employer that are used primarily by individuals with disabilities; and

(E) 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) An individual shall be eligible for services

described in paragraph (2) if the appropriate designated State unit determines the individual to

be an individual with a disability under section

706(8)(A) of this title or an individual with a severe disability under section 706(15)(A) of this

title. In making such a determination, the unit

shall rely on the determination made by the recipient of the grant under which the services are

provided, to the extent appropriate and available and consistent with the requirements under

this chapter. If a designated State unit does not

notify a recipient of a grant within 60 days that

the determination of the recipient is inappropriate, the recipient of the grant may consider the

individual to be eligible.

(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 their

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 information on—

(A) the numbers and types of individuals

with disabilities served;

(B) the types of services provided;

(C) the sources of funding;

(D) the percentage of resources committed

to each type of service provided;

(E) the extent to which the employment

status and earning power of individuals with

disabilities changed following services;

(F) the extent of capacity building activities, including collaboration with business and

industry and other organizations, agencies,

and institutions;

(G) a comparison, if appropriate, of activities in prior years with activities in the most

recent year; and

(H) the number of project participants who

were terminated from project placements and

the duration of such placements.

(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 recipi-
§ 795g TITLE 29—LABOR Page 300

ent 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 co-workers of the individual, and that such individuals with disabilities shall not be segregated from their coworkers; 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;

approval of standards by National Council

on Disability

(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

paragraphs (2) and (3).

(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.

(3) No standards may be established under this

subsection unless the standards are approved by

the National Council on Disability. The Council

shall approve the standards within ninety days

after receiving the standards. If the Secretary of

Education has not received notification of approval or disapproval from the Council within

ninety days, the standards shall be deemed approved. A Council decision on such standards

shall occur at a regularly scheduled meeting of

the Council, and shall be the result of a simple

majority of those present at the meeting.

(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; on-site 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 on-site 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 712 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 on-site 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—
Page 301 TITLE 29—LABOR § 795g

(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.

(Pub. L. 93–112, title VI, §621, as added Pub. L.

95–602, title II, §201, Nov. 6, 1978, 92 Stat. 2993;

amended Pub. L. 98–221, title I, §§162, 163, Feb.

22, 1984, 98 Stat. 29, 30; Pub. L. 99–506, title I,

§103(d)(2)(B), (C), title VII, §703(a)(1)–(3), (b)–(d),

Oct. 21, 1986, 100 Stat. 1810, 1831, 1832; Pub. L.

100–630, title II, §207(b), Nov. 7, 1988, 102 Stat.

3313; Pub. L. 102–569, title VI, §611, Oct. 29, 1992,

106 Stat. 4434.)

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred

to in subsec. (a)(6)(C), is Pub. L. 101–336, July 26, 1990,

104 Stat. 327, as amended, which is classified principally

to chapter 126 (§12101 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–569, §611(a), amended

subsec. (a) generally, substituting present provisions

for provisions outlining purpose of subchapter and providing for agreements to establish jointly financed

projects to expand job opportunities, training services,

and supportive services for individuals with handicaps,

as well as an evaluation plan documenting assistance

to such individuals.

Subsec. (b). Pub. L. 102–569, §611(b), amended subsec.

(b) generally, substituting present provisions for provisions directing that no payment be made to an employer unless agreement provided assurances regarding

minimum wage payment, right of Commissioner to review any termination of employment, equal terms of

employment with other employees, and compliance

with evaluation procedures.

Subsec. (d). Pub. L. 102–569, §611(c), added pars. (1) and

(2), redesignated par. (4) as (3), and struck out former

pars. (1) to (3) which in par. (1) required development of

standards of evaluation to assist recipients of assistance under this subchapter to review and evaluate operation of their projects, in par. (2) required comprehensive evaluation of the Projects With Industry Program along with submission of report to Congress, and

in par. (3) provided that in developing standards of

evaluation, Commissioner should obtain and consider

recommendations from various public and private organizations and entities.

Subsecs. (e) to (h). Pub. L. 102–569, §611(d), amended

subsecs. (e) to (h) generally, substituting present provisions for provisions which: in subsec. (e), provided for

effective period of financial assistance agreements and

annual review; in subsec. (f), provided for indicators for

compliance with evaluation standards, annual reports,

on-site compliance reviews, and analysis included in reports to Congress; in subsec. (g), provided for technical

assistance to entities conducting or planning Projects

With Industry; and in subsec. (h), provided for advance

availability of funds for certain grantees, compliance

with evaluation standards, unserved geographic areas,

competitive basis for awarding grants, and continuation of assistance.

Subsec. (i). Pub. L. 102–569, §611(e), struck out subsec.

(i) which established priority in the approving of applications for assistance to unserved or underserved areas.

1988—Subsec. (a)(1). Pub. L. 100–630, §207(b)(1), substituted ‘‘individuals’’ for ‘‘people’’ after ‘‘qualify’’.

Subsec. (a)(2)(D)(iii). Pub. L. 100–630, §207(b)(2), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (b)(1), (3). Pub. L. 100–630, §207(b)(3), (4), substituted ‘‘assurance’’ for ‘‘assurances’’.

Subsec. (d). Pub. L. 100–630, §207(b)(5)–(7), substituted

‘‘subsection (a)(4)’’ for ‘‘section (a)(3)’’ in pars. (1) and

(2) and ‘‘on Disability’’ for ‘‘on the Handicapped’’ in

par. (4).

1986—Subsec. (a)(1). Pub. L. 99–506, §703(a)(1)(B), added

par. (1). Former par. (1) redesignated (2).

Subsec. (a)(2)(A) to (C). Pub. L. 99–506, §703(a)(1)(A),

(2), redesignated former par. (1) as (2), amended subpars. (A) to (C) generally, and redesignated former par.

(2) as (3). Prior to amendment, subpars. (A) to (C) read

as follows:

‘‘(A) shall provide individuals with handicaps with

training and employment in a realistic work setting in

order to prepare them for employment in the competitive market;

‘‘(B) shall provide individuals with handicaps with

such supportive services as may be required to permit

them to continue to engage in the employment for

which they have received training under this section;

and

‘‘(C) shall, to the extent appropriate, expand job opportunities for individuals with handicaps by providing

for (i) the development and modification of jobs to accommodate the special needs of such individuals, (ii)

the distribution of special aids, appliances, or adapted

equipment to such individuals, (iii) the establishment

of appropriate job placement services, and (iv) the

modification of any facilities or equipment of the employer which are to be used primarily by individuals

with handicaps.’’

Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals

with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing.

Subsec. (a)(2)(D), (E). Pub. L. 99–506, §703(a)(2), added

subpars. (D) and (E).

Subsec. (a)(3). Pub. L. 99–506, §§103(d)(2)(C),

703(a)(1)(A), redesignated former par. (2) as (3) and substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’. Former par. (3) redesignated (4).

Subsec. (a)(4). Pub. L. 99–506, §§103(d)(2)(C),

703(a)(1)(A), (3), redesignated former par. (3) as (4) and

substituted ‘‘each project year’’ for ‘‘each year of a

funding cycle’’ in introductory provisions, and ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’

in subpars. (A) and (E).

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

‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’.

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

‘‘individual with handicaps’’ for ‘‘handicapped individual’’.

Subsec. (b)(3). Pub. L. 99–506, §103(d)(2)(B), (C), substituted ‘‘individual with handicaps’’ for ‘‘handicapped

individual’’ and ‘‘individuals with handicaps’’ for

‘‘handicapped individuals’’.

Subsec. (b)(4). Pub. L. 99–506, §703(b)(A)–(C), added

par. (4) set out first.

Pub. L. 99–506, §703(b)(1)–(3), added par. (4) set out second.

Subsec. (d)(1). Pub. L. 99–506, §703(c), inserted provision that such standards shall be revised as necessary,

subject to par. (4) of this subsection.

Subsec. (d)(3). Pub. L. 99–506, §103(d)(2)(C), substituted

‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’.
§ 795h TITLE 29—LABOR Page 302

Subsec. (e). Pub. L. 99–506, §703(c), amended subsec.

(e) generally. Prior to amendment, subsec. (e) read as

follows: ‘‘The parties to each agreement receiving assistance under this section in the fiscal year in which

the Rehabilitation Amendments of 1984 is enacted shall

continue to receive assistance through September 30,

1986, unless the Commissioner determines that there is

a substantial failure to comply with the agreement.’’

Subsec. (f). Pub. L. 99–506, §703(d)(1), amended subsec.

(f) generally. Prior to amendment, subsec. (f) read as

follows: ‘‘The Commissioner shall to the extent practicable assure an equitable distribution of payments

made under this section among the States.’’

Subsecs. (g) to (i). Pub. L. 99–506, §703(d), added subsecs. (g) to (i).

1984—Subsec. (a). Pub. L. 98–221, §162(a), (b), inserted

‘‘, designated State units’’ after ‘‘employers’’ in provisions preceding subpar. (A) in par. (1) and added par. (3).

Subsecs. (d) to (f). Pub. L. 98–221, §§162(c), 163, added

subsecs. (d) to (f).

EFFECTIVE DATE OF 1986 AMENDMENT

Section 703(a)(4) of Pub. L. 99–506 provided that: ‘‘The

amendment made by paragraph (2), adding clause (E) to

section 621(a)(2) of the Act [29 U.S.C. 795g(a)(2)(E)],

shall take effect one year after the date of enactment

of this Act [Oct. 21, 1986].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 797a of this title.

§ 795h. Transferred

CODIFICATION

Section, Pub. L. 93–112, title VI, §622, as added Pub.

L. 95–602, title II, §201, Nov. 6, 1978, 92 Stat. 2994, and

amended, which related to business opportunities for

individuals with disabilities and promulgation of regulations, was renumbered section 641 of Pub. L. 93–112,

by Pub. L. 102–569, title VI, §612(a)(2), (3), Oct. 29, 1992,

106 Stat. 4438, and transferred to section 795r of this

title.

§ 795i. Authorization of appropriations

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 1993

through 1997.

(Pub. L. 93–112, title VI, §622, formerly §623, as

added Pub. L. 95–602, title II, §201, Nov. 6, 1978,

92 Stat. 2994; amended Pub. L. 98–221, title I,

§164, Feb. 22, 1984, 98 Stat. 30; Pub. L. 99–506,

title VII, §704, Oct. 21, 1986, 100 Stat. 1834; Pub.

L. 100–630, title II, §207(d), Nov. 7, 1988, 102 Stat.

3313; Pub. L. 102–52, §7(b), June 6, 1991, 105 Stat.

262; renumbered §622 and amended Pub. L.

102–569, title VI, §613(a), Oct. 29, 1992, 106 Stat.

4439.)

PRIOR PROVISIONS

A prior section 622 of Pub. L. 93–112 was renumbered

section 641 and classified to section 795r of this title.

AMENDMENTS

1992—Pub. L. 102–569, §613(a)(2), substituted ‘‘this

part, such sums as may be necessary for each of fiscal

years 1993 through 1997’’ for ‘‘section 795g of this title,

$16,070,000 for fiscal year 1987, $17,010,000 for fiscal year

1988, $18,030,000 for fiscal year 1989, $19,149,000 for fiscal

year 1990, $19,925,000 for fiscal year 1991, and such sums

as may be necessary for fiscal year 1992, and for section

795h of this title such sums as may be necessary for

each of the fiscal years 1987, 1988, 1989, 1990, 1991, and

1992’’.

1991—Pub. L. 102–52 inserted ‘‘and such sums as may

be necessary for fiscal year 1992’’ after ‘‘1991,’’ and

‘‘, and 1992’’ before the period and struck out ‘‘and’’

after ‘‘1990,’’ in two places.

1988—Pub. L. 100–630 inserted comma after ‘‘fiscal

year 1991’’ and substituted ‘‘1989, 1990, and’’ for ‘‘1989,

1990 and’’.

1986—Pub. L. 99–506 amended section generally. Prior

to amendment, section read as follows: ‘‘There are authorized to be appropriated such sums as may be necessary to carry out the provisions for section 795g of

this title, $13,000,000 for fiscal year 1984, $14,400,000 for

fiscal year 1985, and $15,200,000 for fiscal year 1986; and

for section 795h of this title, such sums as may be necessary for each of the fiscal years 1984, 1985, and 1986.’’

1984—Pub. L. 98–221 substituted ‘‘for section 795g of

this title, $13,000,000 for fiscal year 1984, $14,400,000 for

fiscal year 1985, and $15,200,000 for fiscal year 1986; and

for section 795h of this title, such sums as may be necessary for each of the fiscal years 1984, 1985, and 1986’’

for ‘‘of this part for each fiscal year beginning before

October 1, 1982’’.

PART C—SUPPORTED EMPLOYMENT SERVICES

FOR INDIVIDUALS WITH SEVERE DISABILITIES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 718, 721, 728, 740,

741, 777a, 796 of this title.

§ 795j. Purpose

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 severe disabilities who require supported employment services to enter or

retain competitive employment.

(Pub. L. 93–112, title VI, §631, as added Pub. L.

102–569, title VI, §621(a), Oct. 29, 1992, 106 Stat.

4439.)

PRIOR PROVISIONS

A prior section 795j, Pub. L. 93–112, title VI, §631, as

added Pub. L. 99–506, title VII, §704(a)(1), Oct. 21, 1986,

100 Stat. 1834, outlined the purpose of this part, prior to

repeal by Pub. L. 102–569, §621(a).

§ 795k. Allotments

(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 one-third of one 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 onethird of one 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