§ 771 TITLE 29—LABOR Page 254

dividuals with disabilities through vocational, medical, social, and psychological rehabilitation programs, through supported

employment programs, through independent

living services programs, and through client

assistance programs;

(B) maintain and upgrade basic skills and

knowledge of personnel employed to provide

state-of-the-art service delivery systems and

rehabilitation technology services; and

(C) provide training and information to individuals with disabilities, the parents, families, guardians, advocates, and authorized

representatives of the individuals, and other

appropriate parties to develop the skills necessary for individuals with disabilities to access the rehabilitation system and to become active decisionmakers in the rehabilitation process;

(2) authorize grants for special projects and

demonstrations which hold promise of expanding or otherwise improving rehabilitation

services to individuals with disabilities, including individuals with spinal cord injuries,

older individuals who are blind, and individuals who are deaf whose maximum vocational

potential has not been reached, which experiment with new types of patterns of services or

devices for the rehabilitation of individuals

with disabilities (including opportunities for

new careers for individuals with disabilities,

and for other individuals in programs serving

individuals with disabilities) and which provide vocational rehabilitation services to migratory agricultural workers who are individuals with disabilities or seasonal farmworkers

who are individuals with disabilities;

(3) authorize grants and contracts to assist

in the provision of vocational rehabilitation

services to individuals with disabilities;

(4) authorize grants and contracts to assist

in the development and improvement of community rehabilitation programs; and

(5) establish uniform grant and contract requirements for programs assisted under this

subchapter and certain other provisions of this

chapter.

(Pub. L. 93–112, title III, §301, formerly §300,

Sept. 26, 1973, 87 Stat. 377; Pub. L. 95–602, title I,

§122(c)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L.

99–506, title I, §103(d)(2)(C), Oct. 21, 1986, 100 Stat.

1810; Pub. L. 100–630, title II, §204(a), Nov. 7, 1988,

102 Stat. 3308; renumbered §301 and amended

Pub. L. 102–569, title I, §102(p)(15), title III,

§301(a), (b)(3), Oct. 29, 1992, 106 Stat. 4358, 4410,

4411.)

PRIOR PROVISIONS

A prior section 301 of Pub. L. 93–112, title III, Sept. 26,

1973, 87 Stat. 377, as amended, was classified to section

771 of this title prior to repeal by Pub. L. 102–569.

AMENDMENTS

1992—Par. (1). Pub. L. 102–569, §301(a)(3), added par.

(1). Former par. (1) redesignated (4).

Par. (2). Pub. L. 102–569, §301(a)(1), (2), (4), redesignated par. (3) as (2), transferred it to appear after par.

(1), and directed the striking of ‘‘and’’ at end which

could not be executed because ‘‘and’’ did not appear.

Former par. (2) redesignated (3).

Pub. L. 102–569, §102(p)(15)(A), substituted ‘‘disabilities’’ for ‘‘handicaps’’.

Par. (3). Pub. L. 102–569, §301(a)(1), (2), (5), redesignated par. (2) as (3), transferred it to appear after par.

(2), and substituted ‘‘rehabilitation’’ for ‘‘training’’.

Former par. (3) redesignated (2).

Pub. L. 102–569, §102(p)(15)(B), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’

wherever appearing, ‘‘older individuals who are blind,

and individuals who are deaf’’ for ‘‘older blind individuals, and deaf individuals’’, ‘‘workers who are individuals with disabilities’’ for ‘‘workers with handicaps’’,

and ‘‘farmworkers who are individuals with disabilities’’ for ‘‘farmworkers with handicaps’’.

Par. (4). Pub. L. 102–569, §301(a)(1), (6), redesignated

par. (1) as (4) and substituted ‘‘development and improvement of community rehabilitation programs;

and’’ for ‘‘construction and initial staffing of rehabilitation facilities and authorize such staffing as the

Commissioner deems appropriate;’’. Former par. (4) redesignated (5).

Par. (5). Pub. L. 102–569, §301(a)(1), redesignated par.

(4) as (5).

1988—Par. (3). Pub. L. 100–630 substituted ‘‘migratory

agricultural workers with handicaps or seasonal farmworkers with handicaps’’ for ‘‘handicapped migratory

agricultural workers or seasonal farmworkers’’.

1986—Pars. (2), (3). Pub. L. 99–506 substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’.

1978—Par. (1). Pub. L. 95–602, §122(c)(1)(A), inserted

‘‘and authorize such staffing as the Commissioner

deems appropriate’’ after ‘‘facilities’’.

Pars. (4), (5). Pub. L. 95–602, §122(c)(1)(B), (C), redesignated par. (5) as (4). Former par. (4), which declared as

one of the purposes of this subchapter the establishment and operation of a National Center for Deaf-Blind

Youths and Adults, was struck out.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 771. Repealed. Pub. L. 102–569, title III,

§ 301(b)(2), Oct. 29, 1992, 106 Stat. 4411

Section, Pub. L. 93–112, title III, §301, Sept. 26, 1973, 87

Stat. 377; Pub. L. 93–516, title I, §104, Dec. 7, 1974, 88

Stat. 1618; Pub. L. 93–651, title I, §104, Nov. 21, 1974, 89

Stat. 2–4; Pub. L. 94–230, §§4, 11(b)(7), Mar. 15, 1976, 90

Stat. 211, 213; Pub. L. 94–273, §3(18), Apr. 21, 1976, 90

Stat. 377; Pub. L. 95–602, title I, §§112(a), 122(c)(2), Nov.

6, 1978, 92 Stat. 2967, 2987; Pub. L. 98–221, title I, §131,

Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title IV, §401,

title X, §1002(d)(1), Oct. 21, 1986, 100 Stat. 1823, 1844; Pub.

L. 102–52, §4(a), June 6, 1991, 105 Stat. 261, related to

grants for construction of rehabilitation facilities,

staffing, and planning assistance.

§ 771a. Training

(a) Federal grants and contracts for personnel

projects relating to training, traineeships,

and related activities

(1) The Commissioner may make grants to and

contracts with States and public or nonprofit

agencies and organizations, including institutions of higher education, to pay part of the cost

of projects for training, traineeships, and related activities, including the provision of technical assistance, designed to assist in increasing

the numbers of qualified personnel trained in

providing vocational, medical, social, and psychological rehabilitation services, and other

services provided under this chapter, to individuals with disabilities, including (A) personnel

specifically trained in providing employment assistance to individuals with disabilities through

job development and job placement services, (B)

personnel specifically trained to identify, assess,

and meet the individual rehabilitation needs of
Page 255 TITLE 29—LABOR § 771a

individuals with severe disabilities, including

needs for rehabilitation technology services, (C)

personnel specifically trained to deliver services

to individuals who may benefit from receiving

independent living services, personnel specifically trained to deliver services in client assistance programs, (D) personnel specifically

trained to deliver services, through supported

employment programs, to individuals with the

most severe disabilities, and (E) personnel

trained in performing other functions necessary

to the development of such services.

(2) Grants and contracts under paragraph (1)

may be expended for scholarships, with necessary stipends and allowances.

(3) In carrying out this subsection, the Commissioner shall furnish training regarding the

services provided under this chapter, and, in

particular, services provided in accordance with

amendments made by the Rehabilitation Act

Amendments of 1992, to rehabilitation counselors and other rehabilitation personnel. In carrying out this subsection, the Commissioner

shall also furnish training to such counselors

and personnel regarding the applicability of section 794 of this title, title I of the Americans

with Disabilities Act of 1990 [42 U.S.C. 12111 et

seq.], and the provisions of titles II and XVI of

the Social Security Act [42 U.S.C. 401 et seq.,

1381 et seq.] that are related to work incentives

for individuals with disabilities.

(4) The Commissioner, in carrying out this

subsection, shall make grants to Historically

Black Colleges and Universities and other institutions of higher education whose minority student enrollment is at least 50 percent.

(5) No grant shall be awarded under this section unless the applicant has submitted an application to the Commissioner in such form, and

in accordance with such procedures, as the Commissioner may require. Any such application

shall include a detailed description of strategies

that will be utilized to recruit and train persons

so as to reflect the diverse populations of the

United States, as part of the effort to increase

the number of individuals with disabilities, and

individuals who are members of minority

groups, who are available to provide rehabilitation services.

(b) Targeting of available funds to areas of personnel shortage; study period limitation;

modification; scholarship requirements

(1)(A) In making such grants or contracts, the

Commissioner shall target funds made available

for any year to areas of personnel shortage.

(B) Projects described in subsection (a) of this

section may include—

(i) projects to train personnel in the areas of

vocational rehabilitation counseling, rehabilitation technology, rehabilitation medicine, rehabilitation nursing, rehabilitation social

work, rehabilitation psychiatry, rehabilitation psychology, rehabilitation dentistry,

physical therapy, occupational therapy,

speech pathology and audiology, physical education, therapeutic recreation, community rehabilitation programs, or prosthetics and

orthotics;

(ii) projects to train personnel to provide—

(I) services to individuals with specific disabilities or specific impediments to rehabilitation, including individuals who are members of populations that are unserved or underserved by programs under this chapter;

(II) job development and job placement

services to individuals with disabilities;

(III) supported employment services, including services of employment specialists

for individuals with disabilities;

(IV) specialized services for individuals

with severe disabilities; or

(V) recreation for individuals with disabilities;

(iii) projects to train personnel in other

fields contributing to the rehabilitation of individuals with disabilities; and

(iv) projects to train personnel in the use,

applications, and benefits of assistive technology devices and assistive technology services (as defined in paragraphs (2) and (3) of section 2202 of this title).

(2)(A) Except as provided in subparagraph (B),

no grant under this section may be used to provide any one course of study to an individual for

a period of more than 4 years.

(B) If the grant recipient determines that an

individual has a disability which seriously affects the completion of training under this section, the grant recipient may modify the limitation under subparagraph (A).

(3)(A) A recipient of a grant or contract under

this section shall provide assurances that each

individual who receives a scholarship, for any

academic year beginning after June 1, 1992, utilizing funds provided under such grant or contract shall enter into an agreement with the recipient under which the individual shall—

(i) maintain employment—

(I) in a nonprofit rehabilitation agency or

related agency or in a State rehabilitation

agency or related agency, including a professional corporation or professional practice

group through which the individual has a

service arrangement with the designated

State agency;

(II) on a full- or part-time basis; and

(III) for a period of not less than the fulltime equivalent of 2 years for each year for

which assistance under this section was received,

within a period, beginning after the recipient

completes the training for which the scholarship was awarded, of not more than the sum of

the number of years in the period described in

subclause (III) and 2 additional years; and

(ii) repay all or part of any scholarship received, plus interest, if the individual does not

fulfill the requirements of clause (i),

except as the Commissioner by regulation may

provide for repayment exceptions and deferrals.

(B) The Commissioner shall be responsible for

the enforcement of each agreement entered into

under subparagraph (A) upon completion of

training under such subparagraph.

(c) Evaluation of programs; determination of

training needs for qualified personnel; development of long-term manpower plan; report

on allocation of training funds

The Commissioner shall evaluate the impact

of the training programs conducted under this
§ 771a TITLE 29—LABOR Page 256

section, shall determine training needs for

qualified personnel necessary to provide services

to individuals with disabilities, and shall develop a long-term rehabilitation manpower plan

designed to target resources on areas of personnel shortage. The Commissioner shall prepare

and submit to the Congress, by September 30 of

each fiscal year, a report setting forth and justifying in detail how the training funds for the fiscal year prior to such submission are allocated

by professional discipline and other program

areas. The report shall also contain findings on

personnel shortages, how funds proposed for the

succeeding fiscal year will be allocated under

the President’s budget proposal, and how the

findings of personnel shortages justify the allocations.

(d) Grants for development of rehabilitation

technician programs

In carrying out subsection (a) of this section,

the Commissioner shall award two grants to

States, public or nonprofit private agencies and

organizations, and institutions of higher education to support the development of rehabilitation technician programs. Such programs shall

be designed to train local residents, who are recruited from a community historically unserved

or underserved by programs providing vocational rehabilitation services under this chapter, to be liaisons between the community and

vocational rehabilitation counselors. Entities

receiving grants to carry out projects under this

subsection shall coordinate the activities carried out through the projects with the activities

of State vocational rehabilitation agencies to

promote the employment of the individuals

trained to be rehabilitation technicians. The rehabilitation technician program shall provide a

mechanism through which individuals with disabilities residing in remote, isolated settings

can successfully access vocational rehabilitation services.

(e) Grants for formation of consortia of public or

nonprofit private entities

(1) In carrying out subsection (a) of this section, the Commissioner shall award two grants

to States, public or nonprofit private agencies

and organizations, and institutions of higher

education to support the formation of consortia

or partnerships of public or nonprofit private entities for the purpose of providing opportunities

for career advancement or competency-based

training to current employees of public or nonprofit private agencies that provide services to

individuals with disabilities. Such opportunities

shall include certificate or degree granting programs in vocational rehabilitation services and

related services.

(2) An entity that receives a grant under paragraph (1) may use the grant for purposes including—

(A) establishing a program with an institution of higher education to develop creative

new programs and coursework options, or to

expand existing programs, concerning the

fields of vocational rehabilitation services and

related services, including—

(i) providing release time for faculty and

staff for curriculum development; and

(ii) paying for instructional costs and

startup and other program development

costs;

(B) establishing a career development mentoring program using faculty and professional

staff members of participating agencies as role

models, career sponsors, and academic advisors for experienced State, city, and county

employees, and volunteers, who—

(i) have demonstrated a commitment to

working in the fields described in clause (i);

and

(ii) are enrolled in a program relating to

such a field at an institution of higher education;

(C) supporting a wide range of programmatic

and research activities aimed at increasing opportunities for career advancement and competency-based training in such fields; and

(D) identifying existing public or private

agency and labor union personnel policies and

benefit programs that may facilitate the ability of employees to take advantage of higher

education opportunities, such as leave time

and tuition reimbursement.

(3) In making grants for projects under paragraph (1), the Commissioner shall ensure that

the projects shall be geographically distributed

throughout the United States in urban and rural

areas.

(4) The Commissioner shall, for the purpose of

providing technical assistance to States or entities receiving grants under paragraph (1), enter

into a cooperative agreement through a separate

competition with an entity that has successfully

demonstrated the capacity and expertise in the

education, training, and retention of employees

to serve individuals with disabilities through

the use of consortia or partnerships established

for the purpose of retraining the existing work

force and providing opportunities for career enhancement.

(5) The Commissioner may conduct an evaluation of projects funded under this subsection.

(6) During the period in which an entity is receiving financial assistance under paragraph (1),

the entity may not receive financial assistance

under paragraph (4).

(f) Interpreters for individuals who are deaf;

grants; application for grants

(1) For the purpose of training a sufficient

number of interpreters to meet the communications needs of individuals who are deaf and individuals who are deaf-blind, the Secretary,

through the Office of Deafness and Communicative Disorders, may award grants to any public

or private nonprofit agency or organization to

establish interpreter training programs or to

provide financial assistance for ongoing interpreter training programs. The Secretary shall

award grants for programs in such geographic

areas throughout the United States as the Secretary considers appropriate to best carry out

the purpose of this section. Priority shall be

given to public or private nonprofit agencies or

organizations with existing programs that have

demonstrated their capacity for providing interpreter training services.

(2) No grant shall be awarded under paragraph

(1) unless the applicant has submitted an appli-
Page 257 TITLE 29—LABOR § 771a

cation to the Secretary in such form, and in accordance with such procedures, as the Secretary

may require. Any such application shall—

(A) describe the manner in which an interpreter training program would be developed

and operated during the five-year period following the award of any grant under this section;

(B) demonstrate the applicant’s capacity or

potential for providing training for interpreters for individuals who are deaf and individuals who are deaf-blind;

(C) provide assurances that any interpreter

trained or retrained under such program shall

meet such minimum standards of competency

as the Secretary may establish for purposes of

this section; and

(D) contain such other information as the

Secretary may require.

(g) Technical assistance to State rehabilitation

agencies and community rehabilitation programs; experts and consultants; compensation and travel expenses; in-service training

of rehabilitation personnel

(1) The Commissioner is authorized to provide

technical assistance to State rehabilitation

agencies and community rehabilitation programs, directly or through contracts with State

vocational rehabilitation agencies or nonprofit

organizations.

(2) An expert or consultant appointed or serving under contract pursuant to this section shall

be compensated at a rate subject to approval of

the Commissioner which shall not exceed the

daily equivalent of the rate of pay for level 4 of

the Senior Executive Service Schedule under

section 5382 of title 5. Such an expert or consultant may be allowed travel and transportation

expenses in accordance with section 5703 of title

5.

(3)(A) Subject to subparagraph (B), at least 15

percent of the sums appropriated to carry out

this section shall be allocated to designated

State agencies to be used, directly or indirectly,

for projects for in-service training of rehabilitation personnel, including projects designed—

(i) to address recruitment and retention of

qualified rehabilitation professionals;

(ii) to provide for succession planning;

(iii) to provide for leadership development

and capacity building; and

(iv) for fiscal years 1993 and 1994, to provide

training regarding the amendments to this

chapter made by the Rehabilitation Act

Amendments of 1992.

(B) If the allocation to designated State agencies required by subparagraph (A) would result

in a lower level of funding for projects being carried out on October 29, 1992, by other recipients

of funds under this section, the Commissioner

may allocate less than 15 percent of the sums

described in subparagraph (A) to designated

State agencies for such in-service training.

(h) Authorization of appropriations

There are authorized to be appropriated to

carry out this section such sums as may be necessary for each of the fiscal years 1993 through

1997.

(i) Construction of authority; appropriation of

excess funds

(1) Consistent with paragraph (2), and consistent with the general authority set forth in this

section to fund training activities, nothing in

this chapter shall be construed to prohibit the

Commissioner from exercising authority under

this subchapter, or making available funds appropriated to carry out this subchapter, to fund

the training activities described in section 797b

of this title.

(2) If the amount of funds appropriated for a

fiscal year to carry out this section exceeds the

amount of funds appropriated for the preceding

fiscal year to carry out this section, adjusted by

the percent by which the average of the estimated gross domestic product fixed-weight price

index for that fiscal year differs from that estimated index for the preceding fiscal year, the

amount of the excess shall be treated as if the

excess were appropriated under subchapter VIII

of this chapter.

(Pub. L. 93–112, title III, §302, formerly title II,

§203, Sept. 26, 1973, 87 Stat. 376; renumbered title

III, §304, and amended Pub. L. 95–602, title I,

§§109(2), 114, Nov. 6, 1978, 92 Stat. 2963, 2970; Pub.

L. 98–221, title I, §133, Feb. 22, 1984, 98 Stat. 24;

Pub. L. 99–506, title I, §103(d)(2)(C), title IV, §403,

title X, §1002(d)(2), Oct. 21, 1986, 100 Stat. 1810,

1824, 1844; Pub. L. 100–630, title II, §204(c), Nov. 7,

1988, 102 Stat. 3308; Pub. L. 102–52, §4(c), June 6,

1991, 105 Stat. 261; Pub. L. 102–119, §26(e), Oct. 7,

1991, 105 Stat. 607; renumbered §302 and amended

Pub. L. 102–569, title I, §102(p)(18), title III,

§§301(b)(3), (4), 302, Oct. 29, 1992, 106 Stat. 4358,

4411; Pub. L. 103–73, title I, §110(a), Aug. 11, 1993,

107 Stat. 726; Pub. L. 103–218, title IV, §402(b),

Mar. 9, 1994, 108 Stat. 96; Pub. L. 104–66, title I,

§1042(d), Dec. 21, 1995, 109 Stat. 715.)

REFERENCES IN TEXT

The Rehabilitation Act Amendments of 1992, referred

to in subsecs. (a)(3) and (g)(3)(A)(iv), is Pub. L. 102–569,

Oct. 29, 1992, 106 Stat. 4344. For complete classification

of this Act to the Code, see Short Title of 1992 Amendment note set out under section 701 of this title.

The Americans with Disabilities Act of 1990, referred

to in subsec. (a)(3), is Pub. L. 101–336, July 26, 1990, 104

Stat. 327, as amended. Title I of the Act is classified

generally to subchapter I (§12111 et seq.) of chapter 126

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.

The Social Security Act, referred to in subsec. (a)(3),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Titles II and XVI of the Act are classified generally to

subchapters II (§401 et seq.) and XVI (§1381 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title

42 and Tables.

CODIFICATION

Section was formerly classified to section 774 of this

title prior to renumbering by Pub. L. 102–569.

PRIOR PROVISIONS

A prior section 302 of Pub. L. 93–112 was renumbered

section 303 and is classified to section 772 of this title.

AMENDMENTS

1995—Subsec. (c). Pub. L. 104–66 in second sentence

substituted ‘‘by September 30 of each fiscal year’’ for
§ 771a TITLE 29—LABOR Page 258

‘‘simultaneously with the budget submission for the

succeeding fiscal year for the Rehabilitation Services

Administration’’.

1994—Subsec. (b)(1)(B)(iv). Pub. L. 103–218 added cl.

(iv).

1993—Subsec. (d). Pub. L. 103–73, §110(a)(1), in second

sentence substituted ‘‘local residents, who are recruited from’’ for ‘‘local employees, who are recruited

from or reside in’’ and inserted after second sentence

‘‘Entities receiving grants to carry out projects under

this subsection shall coordinate the activities carried

out through the projects with the activities of State

vocational rehabilitation agencies to promote the employment of the individuals trained to be rehabilitation

technicians.’’

Subsec. (h). Pub. L. 103–73, §110(a)(2), amended subsec.

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

follows: ‘‘There are authorized to be appropriated to

carry out this section, $31,000,000 for fiscal year 1987,

$33,000,000 for fiscal year 1988, $35,000,000 for fiscal year

1989, $37,000,000 for fiscal year 1990, $38,517,000 for fiscal

year 1991, and such sums as may be necessary for fiscal

year 1992. There are further authorized to be appropriated for each such fiscal year such additional sums

as the Congress may determine to be necessary to carry

out this section.’’

1992—Subsec. (a). Pub. L. 102–569, §302(a), designated

existing provisions as par. (1), inserted in introductory

provisions ‘‘, including the provision of technical assistance,’’ after ‘‘traineeships, and related activities’’

and ‘‘, and other services provided under this chapter,’’

after ‘‘rehabilitation services’’, redesignated former

par. (1) as subpar. (A) and substituted ‘‘specifically’’ for

‘‘specially’’, redesignated former par. (2) as subpar. (B)

and inserted before comma at end ‘‘, including needs

for rehabilitation technology services’’, redesignated

former par. (3) as subpar. (C) and substituted ‘‘independent living services’’ for ‘‘comprehensive services

for independent living’’ and struck out ‘‘and’’ at end,

added par. (4) and redesignated it as subpar. (D), redesignated former par. (4) as (5) and further redesignated

it as subpar. (E), struck out second and third sentences,

and added pars. (2) to (5). Prior to amendment, second

and third sentences read as follows: ‘‘Recipients of

grants or contracts under this section shall give due regard to the training of individuals with disabilities as

part of the effort to increase the number of qualified

personnel available to provide rehabilitation services.

In carrying out the provisions of this subsection, the

Commissioner shall, in addition to furnishing training

in the services provided under this chapter to rehabilitation counselors, furnish training to such counselors

in the applicability of the provisions of section 794 of

this title.’’

Pub. L. 102–569, §102(p)(18)(A), substituted ‘‘disabilities’’ for ‘‘handicaps’’ wherever appearing.

Subsec. (b)(1). Pub. L. 102–569, §302(b)(1), added par. (1)

and struck out former par. (1) which read as follows:

‘‘In making such grants or contracts, funds made available for any year shall be targeted to areas of personnel

shortage which may include projects in rehabilitation

engineering, rehabilitation medicine, rehabilitation

nursing, rehabilitation counseling, rehabilitation social work, rehabilitation psychiatry, rehabilitation

psychology, rehabilitation dentistry, physical therapy,

occupational therapy, speech pathology and audiology,

physical education, therapeutic recreation, workshop

and facility administration, prosthetics and orthodontics, specialized personnel in providing services to

blind and deaf individuals, specialized personnel in providing job development and job placement services for

individuals with disabilities, specialized personnel in

providing employment training for supported employment, other specialized personnel for individuals with

severe disabilities, recreation for individuals with disabilities, and other fields contributing to the rehabilitation of individuals with disabilities, including homebound and institutionalized individuals and individuals

with disabilities with limited English-speaking ability.’’

Pub. L. 102–569, §102(p)(18)(A), substituted ‘‘disabilities’’ for ‘‘handicaps’’ wherever appearing.

Subsec. (b)(2)(B). Pub. L. 102–569, §102(p)(18)(B), substituted ‘‘disability’’ for ‘‘handicap’’.

Subsec. (b)(3)(A). Pub. L. 102–569, §302(b)(2), inserted

‘‘, for any academic year beginning after June 1, 1992,’’

after ‘‘who receives a scholarship’’, added cl. (i), and

struck out former cl. (i) which read as follows: ‘‘within

the ten-year period after completing the training for

which the scholarship was awarded, maintain employment in a nonprofit rehabilitation or related agency, or

in a State rehabilitation agency, on a full-time basis

for a period of not less than two years for each year for

which assistance was received; and’’.

Subsec. (c). Pub. L. 102–569, §102(p)(18)(A), substituted

‘‘disabilities’’ for ‘‘handicaps’’.

Subsecs. (d), (e). Pub. L. 102–569, §302(c), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (g), respectively.

Subsec. (f). Pub. L. 102–569, §302(c)(1), redesignated

subsec. (d) as (f). Former subsec. (f) redesignated (h).

Subsec. (f)(1). Pub. L. 102–569, §302(d)(1), in first sentence, substituted ‘‘individuals who are deaf and individuals who are deaf-blind’’ for ‘‘deaf individuals’’, ‘‘Office of Deafness and Communicative Disorders’’ for ‘‘Office of Information and Resources for Individuals With

Disabilities’’, and ‘‘grants’’ for ‘‘grants under this section’’ and struck out second sentence which read as follows: ‘‘Not more than twelve programs shall be established or assisted by grants under this section.’’

Subsec. (f)(2). Pub. L. 102–569, §302(d)(2), in introductory provisions substituted ‘‘paragraph (1)’’ for ‘‘this

section’’, in subpar. (B) substituted ‘‘individuals who

are deaf and individuals who are deaf-blind’’ for ‘‘deaf

individuals’’, in subpar. (C) inserted ‘‘and’’ at end, redesignated subpar. (E) as (D), and struck out former

subpar. (D) which read as follows: ‘‘provide assurances

that (i) to the extent appropriate, the applicant shall

provide for the training or retraining (including shortterm and in-service training) of teachers who are involved in providing instruction to deaf individuals but

who are not certified as teachers of deaf individuals,

and (ii) funds for such in-service training shall be provided under this section only through funds appropriated under the Individuals with Disabilities Education Act; and’’.

Subsec. (g). Pub. L. 102–569, §302(c)(1), (e), redesignated subsec. (e) as (g), in par. (1) substituted ‘‘community rehabilitation programs’’ for ‘‘rehabilitation facilities’’, in par. (2) substituted ‘‘the daily equivalent of

the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382’’ for ‘‘the daily rate

payable for grade GS–18 of the General Schedule under

section 5332’’, and added par. (3).

Subsec. (h). Pub. L. 102–569, §302(c)(1), redesignated

subsec. (f) as (h).

Subsec. (i). Pub. L. 102–569, §302(f), added subsec. (i).

1991—Subsec. (d)(2)(D). Pub. L. 102–119 substituted

‘‘Individuals with Disabilities Education Act’’ for

‘‘Education of the Handicapped Act’’.

Subsec. (f). Pub. L. 102–52 substituted ‘‘fiscal year’’

for ‘‘the fiscal year’’ before ‘‘1987’’, ‘‘1988’’, ‘‘1989’’, and

‘‘1990’’, struck out ‘‘and’’ after ‘‘1990,’’, and inserted

‘‘, and such sums as may be necessary for fiscal year

1992’’ after ‘‘1991’’.

1988—Subsec. (a)(3). Pub. L. 100–630, §204(c)(1), substituted ‘‘programs, and’’ for ‘‘program,, and’’.

Subsec. (b)(1). Pub. L. 100–630, §204(c)(2), substituted

‘‘individuals with severe handicaps, recreation for individuals with handicaps’’ for ‘‘those individuals who

meet the definition of severely handicapped, recreation

for ill and individuals with handicaps’’.

Subsec. (b)(3)(A). Pub. L. 100–630, §204(c)(3), substituted ‘‘grant or contract under’’ for ‘‘grant of contract under’’ and ‘‘utilizing funds’’ for ‘‘from funds’’ in

introductory provisions.

Subsec. (d)(1). Pub. L. 100–630, §204(c)(4), substituted

‘‘for Individuals With Disabilities’’ for ‘‘for the Handicapped’’.

Subsec. (d)(2)(D). Pub. L. 100–630, §204(c)(5), substituted ‘‘of the Handicapped Act’’ for ‘‘for All Handicapped Children Act’’.
Page 259 TITLE 29—LABOR § 772

Subsec. (f). Pub. L. 100–630, §204(c)(6), substituted

‘‘1991.’’ for ‘‘1991..’’.

1986—Subsec. (a). Pub. L. 99–506, §§103(d)(2)(C), 403(a),

substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing, added cl. (2),

redesignated former cls. (2) and (3) as (3) and (4), respectively, and, following such clauses, inserted provision

requiring recipients of grants or contracts under this

section to give due regard to training of individuals

with handicaps as part of the effort to increase the

number of qualified personnel available to provide rehabilitation services.

Subsec. (a)(2). Pub. L. 99–506, §1002(d)(2), which directed the substitution of ‘‘program, and’’ for ‘‘program, and’’, could not be executed because the words

‘‘program, and’’ did not appear. See 1988 Amendment

note above for cl. (3).

Subsec. (b). Pub. L. 99–506, §403(c), designated existing

first sentence as par. (1) and struck out existing second

sentence which read as follows: ‘‘No grant shall be

made under this section for furnishing to an individual

any one course of study extending for a period in excess

of four years.’’. See par. (2).

Subsec. (b)(1). Pub. L. 99–506, §403(b)(1)–(3), inserted

‘‘rehabilitation engineering,’’ before ‘‘rehabilitation

medicine’’, ‘‘rehabilitation dentistry,’’ after ‘‘rehabilitation psychology,’’ and ‘‘physical education, therapeutic recreation,’’ after ‘‘speech pathology and audiology,’’.

Pub. L. 99–506, §403(b)(4), which directed the insertion

of ‘‘specialized personnel in providing employment

training for supported employment, other specialized

personnel for those individuals who meet the definition

of severely handicapped,’’ after ‘‘job placement services

for handicapped individuals,’’, was executed by making

the insertion after ‘‘job placement services for individuals with handicaps,’’ as the probable intent of Congress because of the prior amendment by section

103(d)(2)(C) of Pub. L. 99–506.

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

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

Subsec. (b)(2), (3). Pub. L. 99–506, §403(c)(2), (d), added

pars. (2) and (3).

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

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

Subsec. (e). Pub. L. 99–506, §403(e)(2), added subsec.

(e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 99–506, §403(f), which directed the

substitution of authorization of appropriations for fiscal years 1987 through 1991 for authorization of appropriations for fiscal years 1984 through 1986 in subsec.

(e), was executed by making the substitution in subsec.

(f), to reflect the probable intent of Congress and the

intervening redesignation of former subsec. (e) as (f) by

section 403(e)(1) of Pub. L. 99–506.

Pub. L. 99–506, §403(e)(1), redesignated former subsec.

(e) as (f).

1984—Subsec. (a). Pub. L. 98–221, §133(a), (b)(1), inserted ‘‘qualified’’ before ‘‘personnel trained in providing vocational’’, inserted ‘‘(1)’’ after ‘‘services to handicapped individuals, including’’, inserted a comma and

cl. (2) after ‘‘and job placement services’’, inserted

‘‘(3)’’ before ‘‘personnel trained in performing’’, and inserted provision requiring that the Commissioner furnish training to rehabilitation counselors in the applicability of the provisions of section 794 of this title.

Subsec. (b). Pub. L. 98–221, §133(c), substituted ‘‘shall

be targeted to areas of personnel shortage which may’’

for ‘‘will be utilized to provide a balanced program of

assistance to meet the medical, vocational, and other

personnel training needs of both public and private rehabilitation programs and institutions, to’’.

Subsec. (c). Pub. L. 98–221, §133(b)(2), (d), substituted

‘‘needs for qualified personnel’’ for ‘‘needs for personnel’’ and inserted provision requiring the Commissioner

to prepare and submit to the Congress, simultaneously

with the budget submission for the succeeding fiscal

year for the Rehabilitation Services Administration, a

report setting forth and justifying in detail how the

training funds for the fiscal year prior to such submission are allocated by professional discipline and other

program areas, with the report also to contain findings

on personnel shortages, how funds proposed for the succeeding fiscal year will be allocated under the President’s budget proposal, and how the findings of personnel shortages justify the allocations.

Subsec. (e). Pub. L. 98–221, §133(e), substituted ‘‘(e)’’

for ‘‘(d)’’ as designation for subsection authorizing appropriations, thereby correcting a typographical error

in Pub. L. 95–602 which had added two subsecs. (d), and

in subsec. (e) as so redesignated, substituted ‘‘There are

authorized to be appropriated to carry out this section,

$22,000,000 for the fiscal year 1984, $27,000,000 for the fiscal year 1985, and $31,000,000 for the fiscal year 1986’’ for

‘‘There are authorized to be appropriated to carry out

this section $34,000,000 for the fiscal year ending September 30, 1979, $40,000,000 for the fiscal year ending

September 30, 1980, $45,000,000 for the fiscal year ending

September 30, 1981, and $50,000,000 for the fiscal year

ending September 30, 1982’’.

1978—Subsec. (a). Pub. L. 95–602, §114(1), substituted

‘‘The Commissioner may’’ for ‘‘The Secretary, through

the Commissioner, in coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to’’, ‘‘vocational,

medical, social, and psychological rehabilitation services’’ for ‘‘vocational services’’, and ‘‘individuals, including personnel specially trained in providing employment assistance to handicapped individuals

through job development and job placement services,

and personnel trained in performing’’ for ‘‘individuals

and in performing’’.

Subsec. (b). Pub. L. 95–602, §114(2), inserted

‘‘, rehabilitation psychiatry’’ after ‘‘social work’’ and

‘‘specialized personnel in providing job development

and job placement services for handicapped individuals,’’ after ‘‘blind and deaf individuals,’’.

Subsecs. (c), (d). Pub. L. 95–602, §114(3), added subsec.

(c) and two subsecs. (d).

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 772. Vocational rehabilitation services for individuals with disabilities

(a) Authorization of appropriations

For the purpose of making grants and entering

into contracts under this section, there are authorized to be appropriated such sums as may be

necessary for each of the fiscal years 1993

through 1997.

(b) Grants; authority of Commissioner; individual allowances: factors and limitations; conditions

(1) The Commissioner is authorized to make

grants to States and public or nonprofit organizations and agencies to pay up to 90 per centum

of the cost of projects for providing vocational

rehabilitation services or employment support

services to individuals with disabilities, especially those with the most severe disabilities, in

public or nonprofit community rehabilitation

programs.

(2)(A) For purposes of this section, vocational

rehabilitation services shall include—

(i) training with a view toward career advancement;

(ii) training (including on-the-job training)

in occupational skills; and

(iii) services, including rehabilitation technology services, personal assistance services,

and supported employment services and extended services, that—