Page 303 TITLE 29—LABOR § 795n

Islands, the Republic of Palau, and the Commonwealth of the Northern Mariana Islands

shall not be considered to be States.

(B) Allotment

Each jurisdiction described in subparagraph (A) shall be allotted not less than oneeighth of one percent of the amounts appropriated for the fiscal year for which the allotment is made, except that the Republic of

Palau may receive such allotment under this

section only until the Compact of Free Association with Palau takes effect.

(b) 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 provisions 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 VI, §632, as added Pub. L.

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

4439.)

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.

PRIOR PROVISIONS

A prior section 795k, Pub. L. 93–112, title VI, §632, as

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

100 Stat. 1834, related to eligibility for services under

this part, prior to repeal by Pub. L. 102–569, §621(a). See

section 795m of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 795n of this title.

§ 795l. Availability of services

Funds provided under this part may be used to

provide supported employment services to individuals who are eligible under this part. Funds

provided under this part, subchapter I of this

chapter, or subsection (b) or (c) of section 777a of

this title may not be used to provide extended

services to individuals who are eligible under

this part or subchapter I of this chapter.

(Pub. L. 93–112, title VI, §633, as added Pub. L.

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

4440; amended Pub. L. 103–73, title I, §113, Aug.

11, 1993, 107 Stat. 728.)

PRIOR PROVISIONS

A prior section 795l, Pub. L. 93–112, title VI, §633, as

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

100 Stat. 1834; amended Pub. L. 100–630, title II, §207(e),

Nov. 7, 1988, 102 Stat. 3313, provided for allotments to

States, unused funds, and planning grants, prior to repeal by Pub. L. 102–569, §621(a). See section 795k of this

title.

AMENDMENTS

1993—Pub. L. 103–73 substituted ‘‘subsection (b) or

(c)’’ for ‘‘subsection (c) or (f)’’.

§ 795m. Eligibility

An individual shall be eligible under this part

to receive supported employment services authorized under this chapter if—

(1) the individual is eligible for vocational

rehabilitation services;

(2) the individual is determined to be an individual with the most severe disabilities; and

(3) a comprehensive assessment of rehabilitation needs of the individual provided under

section 722(b)(1)(A) of this title, including an

evaluation of rehabilitation, career, and job

needs, identifies supported employment as the

appropriate rehabilitation objective for the individual.

(Pub. L. 93–112, title VI, §634, as added Pub. L.

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

4440.)

PRIOR PROVISIONS

A prior section 795m, Pub. L. 93–112, title VI, §634, as

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

100 Stat. 1835; amended Pub. L. 100–630, title II, §207(f),

Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102–119, §26(e), Oct.

7, 1991, 105 Stat. 607, provided for submission of State

plans for assistance under this part, prior to repeal by

Pub. L. 102–569, §621(a). See section 795n of this title.

§ 795n. State plan

(a) State plan supplements

To be eligible for an allotment under this part,

a State shall submit to the Commissioner, as

part of the State plan under section 721 of this

title, a State plan supplement for providing supported employment services authorized under

this chapter to individuals who are eligible

under this chapter to receive the services. Each

State shall make such annual revisions in the

plan supplement as may be necessary.

(b) Contents

Each such plan supplement shall—

(1) designate each agency that the State designated under section 721(a)(1) of this title as

the agency to administer the program assisted

under this part;

(2) summarize the results of the comprehensive, statewide assessment conducted under

section 721(a)(5) of this title, with respect to

the rehabilitation and career needs of individuals with severe disabilities and the need for

supported employment services, including

needs related to coordination and use of information within the State relating to section

1418(b)(1)(C) of title 20;

(3) describe the quality, scope, and extent of

supported employment services authorized

under this chapter to be provided to individuals who are eligible under this chapter to receive the services and specify the goals and

plans of the State with respect to the distribution of funds received under section 795k of

this title;

(4) demonstrate evidence of the efforts of the

designated State agency to identify and make

arrangements (including entering into cooperative agreements) with other State agencies