§ 710 TITLE 29—LABOR Page 194

§ 710. Application of other laws

The provisions of chapter 71 of title 31 and of

section 1469a of title 48 shall not apply to the administration of the provisions of this chapter or

to the administration of any program or activity under this chapter.

(Pub. L. 93–112, §11, as added Pub. L. 95–602, title

I, §121, Nov. 6, 1978, 92 Stat. 2984.)

CODIFICATION

‘‘Chapter 71 of title 31’’ substituted in text for ‘‘the

Act of December 5, 1974 (Public Law 93–510) [42 U.S.C.

4251 et seq.]’’ on authority of Pub. L. 97–258, §4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted

Title 31, Money and Finance.

§ 711. Administration

(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;

(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 establishing criteria for selection

of vocational rehabilitation services

(1) Not later than 120 days after October 29,

1992, the Secretary shall receive public comment

and promulgate regulations establishing criteria

pertaining to the selection of vocational rehabilitation services, and of vocational rehabilitation services providers, by an individual with a

disability, consistent with the individualized

written rehabilitation program of the individual

under section 722 of this title.

(2) Regulations under paragraph (1) shall include the following:

(A) Procedures that States must adopt to ensure that the services provided under this

chapter are of sufficient scope and quality,

that the costs of such services and the length

of time such services are provided are reasonable, and that such services are available in a

timely manner.

(B) Procedures that prevent fraud, waste,

and abuse.

(C) Procedures to assure that services are

provided in the most integrated settings.

(D) Procedures to assure that rehabilitation

providers comply with State guarantees, such

as—

(i) affirmative action procedures with respect to the employment of individuals with

disabilities;

(ii) standards governing community rehabilitation programs and qualified personnel

utilized for the provision of vocational rehabilitation services; and

(iii) minimum standards to ensure the

availability of personnel, to the maximum

extent feasible, trained to communicate in

the native language or mode of communication of the client.

(E) Standards to be adhered to by providers

to help ensure the integrity of services.

(F) Guidelines for assisting individuals with

disabilities and for providing information

about available vocational rehabilitation service providers, especially for assisting—

(i) individuals with cognitive and other

disabilities who, due to the nature of the disability, require support and assistance in

fully implementing the selection and procurement of services; and

(ii) the parents, family members, guardians, advocates, or authorized representatives of the individuals.

(f) Authorization of appropriations

There are authorized to be appropriated to

carry out this section such sums as may be necessary.

(Pub. L. 93–112, §12, as added Pub. L. 95–602, title

I, §122(a)(10), Nov. 6, 1978, 92 Stat. 2985; amended

Pub. L. 99–506, title I, §104, title X, §1001(a)(4),

Oct. 21, 1986, 100 Stat. 1811, 1841; Pub. L. 100–630,

title II, §201(e), Nov. 7, 1988, 102 Stat. 3304; Pub.

L. 102–569, title I, §105, Oct. 29, 1992, 106 Stat.

4361.)

PRIOR PROVISIONS

Provisions similar to those comprising this section

were contained in former section 780 of this title, prior