Page 297 TITLE 29—LABOR § 795d

(e) Delegation of functions

The Secretary shall not delegate any function

of the Secretary under this part to any other department or agency of the Federal Government.

(Pub. L. 93–112, title VI, §612, as added Pub. L.

95–602, title II, §201, Nov. 6, 1978, 92 Stat. 2991;

amended Pub. L. 98–221, title I, §165, Feb. 22,

1984, 98 Stat. 30; Pub. L. 100–630, title II, §207(a),

Nov. 7, 1988, 102 Stat. 3313.)

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in subsec. (b), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, as

amended, which is classified generally to chapter 19

(§1501 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out

under section 1501 of this title and Tables.

The Community Services Block Grant Act, referred

to in subsec. (b), is subtitle B (§§671–683) of title VI of

Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511, as amended,

which is classified generally to chapter 106 (§9901 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 9901 of Title 42

and Tables.

The effective date of this part, referred to in subsec.

(d), probably means the date of enactment of this part,

which was Nov. 6, 1978.

AMENDMENTS

1988—Subsec. (b). Pub. L. 100–630 amended subsec. (b)

by striking ‘‘programs authorized under’’ in the first

sentence and all that follows through the period at the

end and inserting ‘‘the Job Training Partnership Act

and the Community Services Block Grant Act.’’. The

provisions struck out read as follows: ‘‘programs authorized under the Emergency Jobs and Unemployment

Assistance Act of 1974, the Job Training Partnership

Act, the Community Services Act of 1974, and the

Emergency Employment Act of 1971. Appropriations

under this part may not be used to carry out any program under the Acts referred to in the preceding sentence.’’

1984—Subsec. (b). Pub. L. 98–221 substituted ‘‘Job

Training Partnership Act’’ for ‘‘Comprehensive Employment and Training Act of 1973’’.

§ 795b. Employment

(a) Participants not considered Federal employees

Eligible individuals who are employed in any

project funded under this part shall not be considered to be Federal employees as a result of

such employment and shall not be subject to the

provisions of part III of title 5.

(b) Workmen’s compensation coverage

No contract shall be entered into under this

part with a contractor who is, or whose employees are, under State law, exempted from operation of any State workmen’s compensation law

generally applicable to employees, unless the

contractor shall undertake to provide for persons to be employed under such contract,

through insurance by a recognized carrier or by

self-insurance authorized by State law, workmen’s compensation coverage equal to that provided by law for covered employment.

(c) Wages, allowances, etc., as income and benefits for purposes of other programs

No part of the wages, allowances, or reimbursement for transportation and personal assistance services costs made available to an eligible individual employed in any project funded

under this part shall be treated as income or

benefits for the purpose of any other program or

provision of State or Federal law, unless the

Secretary makes a case by case determination

that disallowance of such income or benefits is

inequitable or does not carry out the purposes of

this subchapter.

(Pub. L. 93–112, title VI, §613, as added Pub. L.

95–602, title II, §201, Nov. 6, 1978, 92 Stat. 2991;

amended Pub. L. 102–569, title VI, §602, Oct. 29,

1992, 106 Stat. 4434.)

AMENDMENTS

1992—Subsec. (c). Pub. L. 102–569 substituted ‘‘personal assistance services’’ for ‘‘attendant care’’.

§ 795c. Interagency cooperation

(a) The Secretary shall consult with, and obtain the written views of, the Commissioner of

the Rehabilitation Services Administration before establishing rules or general policy in the

administration of this part.

(b) The Secretary shall consult and cooperate

with the Director of the Community Services

Administration, the Secretary of Health and

Human Services, and the heads of other Federal

agencies carrying out related programs, in order

to achieve maximum coordination between such

programs and the program established under

this part. Each Federal agency shall cooperate

with the Secretary in disseminating information

relating to the availability of assistance under

this part and in identifying individuals eligible

for employment in projects assisted under this

part.

(Pub. L. 93–112, title VI, §614, as added Pub. L.

95–602, title II, §201, Nov. 6, 1978, 92 Stat. 2992;

amended Pub. L. 98–221, title I, §104(b)(5), Feb.

22, 1984, 98 Stat. 18.)

AMENDMENTS

1984—Subsec. (b). Pub. L. 98–221 substituted ‘‘Secretary of Health and Human Services’’ for ‘‘Secretary

of Health, Education, and Welfare’’.

COMMUNITY SERVICES ADMINISTRATION

The Community Services Administration, which was

established by section 601 of the Economic Opportunity

Act of 1964, as amended (42 U.S.C. 2941), was terminated

when the Economic Opportunity Act of 1964, Pub. L.

88–452, Aug. 20, 1964, 78 Stat. 508, as amended, was repealed, except for titles VIII and X, effective Oct. 1,

1981, by section 683(a) of Pub. L. 97–35, title VI, Aug. 13,

1981, 95 Stat. 519, which is classified to 42 U.S.C. 9912(a).

An Office of Community Services, headed by a Director, was established in the Department of Health and

Human Services by section 676 of Pub. L. 97–35, which

is classified to 42 U.S.C. 9905.

§ 795d. Award of grants or contracts

(a) Preference; equitable distribution among

States; determination of allotment; underserved States; Indian tribes

(1) Preference in awarding grants or contracts

under this part shall be given to organizations of

proven ability in providing employment services

to individuals with disabilities under this program and similar programs. The Secretary, in

awarding grants and contracts under this section, shall, to the extent feasible, assure an