Page 195 TITLE 29—LABOR § 712

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

Stat. 2977.

AMENDMENTS

1992—Subsec. (a)(2). Pub. L. 102–569, §105(a), inserted

before semicolon at end ‘‘, including training for the

personnel of community rehabilitation programs, centers for independent living, and other providers of services (including job coaches)’’.

Subsecs. (d) to (f). Pub. L. 102–569, §105(b), added subsecs. (d) and (e) and redesignated former subsec. (d) as

(f).

1988—Subsec. (c). Pub. L. 100–630 substituted ‘‘the

Commissioner’s’’ for ‘‘his’’.

1986—Subsec. (a)(5). Pub. L. 99–506, §104(a), substituted ‘‘provide monitoring and conduct evaluations’’

for ‘‘provide staff and other technical assistance to the

National Council on the Handicapped’’.

Subsec. (b). Pub. L. 99–506, §§104(b), 1001(a)(4)(A), designated existing provisions as par. (1), substituted ‘‘the

duties’’ for ‘‘his duties’’, and added par. (2).

Subsec. (c). Pub. L. 99–506, §1001(a)(4)(B), substituted

‘‘as are considered’’ for ‘‘as he considers’’.

§ 712. Reports to President and Congress

Not later than one hundred and eighty days

after the close of each fiscal year, the Commissioner shall prepare and submit to the President

and to the Congress a full and complete report

on the activities carried out under this chapter,

including the activities and staffing of the information clearinghouse under section 714 of this

title. The Commissioner shall annually collect

information on each client whose case is closed

out in the preceding fiscal year and include the

information in the report required by this section. The information shall set forth a complete

count of such cases in a manner permitting the

greatest possible cross-classification of data.

The data elements shall include, but not be limited to, age, sex, race, ethnicity, education, type

of disability, severity of disability, key rehabilitation process dates, earnings at time of entry

into program and at closure, work status, occupation, cost of case services, types of services

provided, including types of rehabilitation technology services provided, types of facilities or

agencies which furnished services and whether

each such facility or agency is public or private,

and reasons for closure. The Commissioner shall

take whatever action is necessary to assure that

the identity of each client for which information

is supplied under this subsection is confidential.

Such annual reports shall also include statistical data reflecting services and activities provided individuals during the preceding fiscal

year. The annual report shall include an evaluation of the status of individuals with severe disabilities participating in programs under this

chapter.

(Pub. L. 93–112, §13, as added Pub. L. 95–602, title

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

Pub. L. 98–221, title I, §102, Feb. 22, 1984, 98 Stat.

17; Pub. L. 99–506, title I, §105, Oct. 21, 1986, 100

Stat. 1812; Pub. L. 102–569, title I, §§102(p)(4), 106,

Oct. 29, 1992, 106 Stat. 4356, 4362; Pub. L. 104–66,

title I, §1042(c), Dec. 21, 1995, 109 Stat. 715.)

PRIOR PROVISIONS

Provisions similar to those comprising this section

were contained in former section 784 of this title, prior

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

Stat. 2977.

AMENDMENTS

1995—Pub. L. 104–66 substituted ‘‘eighty’’ for ‘‘twenty’’ before ‘‘days after’’ in first sentence.

1992—Pub. L. 102–569 inserted ‘‘including types of rehabilitation technology services provided,’’ after ‘‘provided,’’ in fourth sentence and substituted ‘‘disabilities’’ for ‘‘handicaps’’ in last sentence.

1986—Pub. L. 99–506 substituted ‘‘to the President and

to the Congress’’ for ‘‘to the President for transmittal

to the Congress’’, inserted ‘‘, including the activities

and staffing of the information clearinghouse under

section 714 of this title’’, and inserted ‘‘The annual report shall include an evaluation of the status of individuals with severe handicaps participating in programs under this chapter.’’

1984—Pub. L. 98–221 inserted ‘‘The Commissioner shall

annually collect information on each client whose case

is closed out in the preceding fiscal year and include

the information in the report required by this section.

The information shall set forth a complete count of

such cases in a manner permitting the greatest possible

cross-classification of data. The data elements shall include, but not be limited to, age, sex, race, ethnicity,

education, type of disability, severity of disability, key

rehabilitation process dates, earnings at time of entry

into program and at closure, work status, occupation,

cost of case services, types of services provided, types

of facilities or agencies which furnished services and

whether each such facility or agency is public or private, and reasons for closure. The Commissioner shall

take whatever action is necessary to assure that the

identity of each client for which information is supplied under this subsection is confidential.’’ and inserted ‘‘also’’ after ‘‘Such annual reports shall’’.

TRANSFER OF FUNCTIONS

For transfer of functions and offices of Secretary and

Department of Health, Education, and Welfare, including Rehabilitation Services Administration and Commissioner thereof, under this chapter to Secretary and

Department of Education, and for delegation of certain

functions of Secretary of Education under this chapter

to Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of Title 20,

Education.

REVIEW OF DATA COLLECTION SYSTEM

Section 136 of Pub. L. 102–569 directed Commissioner

of Rehabilitation Services Administration to undertake a comprehensive review of the current system for

collecting and reporting client data under this chapter,

particularly data on clients of the programs under subchapter I of this chapter, specified considerations in

conducting the review, required recommendations for

improvements in the data collection and reporting system based on the review, and directed Commissioner,

not later than 18 months after Oct. 29, 1992, to publish

the recommendations in the Federal Register and prepare and submit a report containing the recommendations to the appropriate committees of Congress but

not implement the recommendations earlier than 90

days after the date on which the Commissioner submits

the report.

EXCHANGE OF DATA

Section 137 of Pub. L. 102–569 provided that: ‘‘The Secretary of Education and the Secretary of Health and

Human Services shall enter into a memorandum of understanding for the purpose of exchanging data of mutual importance, regarding clients of State vocational

rehabilitation agencies, that are contained in databases maintained by the Rehabilitation Services Administration, as required under section 13 of the Rehabilitation Act of 1973 (29 U.S.C. 712), and the Social Security Administration, from its Summary Earnings and

Records and Master Beneficiary Records. For purposes

of the exchange, the Social Security data shall not be

considered tax information and, as appropriate, the

confidentiality of all client information shall be maintained by both agencies.’’
§ 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