§ 720 TITLE 29—LABOR Page 200

how they will address, in whole or in part, the

needs of individuals with disabilities from minority backgrounds.

(Pub. L. 93–112, §21, as added Pub. L. 102–569,

title I, §111(a), Oct. 29, 1992, 106 Stat. 4363;

amended Pub. L. 103–73, title I, §106, Aug. 11,

1993, 107 Stat. 719.)

AMENDMENTS

1993—Subsec. (b)(3) to (6). Pub. L. 103–73 redesignated

the par. (3) relating to Commissioner’s effort to meet

requirements of this section as par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

SUBCHAPTER I—VOCATIONAL

REHABILITATION SERVICES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 706, 718b,

762, 795j, 795l, 795n, 795o, 796, 796c, 2231, 2243 of this title;

title 20 section 1413; title 42 sections 422, 1382d.

PART A—GENERAL PROVISIONS

§ 720. Federal grants

(a) Congressional findings; purpose; policy

(1) Congress finds that—

(A) work—

(i) is a valued activity, both for individuals

and society; and

(ii) fulfills the need of an individual to be

productive, promotes independence, enhances self-esteem, and allows for participation in the mainstream of life in America;

(B) as a group, individuals with disabilities

experience staggering levels of unemployment

and poverty;

(C) individuals with disabilities, including

individuals with the most severe disabilities,

have demonstrated their ability to achieve

gainful employment in integrated settings if

appropriate services and supports are provided;

(D) reasons for the significant number of individuals with disabilities not working, or

working at a level not commensurate with

their abilities and capabilities, include—

(i) discrimination;

(ii) lack of accessible and available transportation;

(iii) fear of losing health coverage under

the medicare and medicaid programs under

titles XVIII and XIX of the Social Security

Act (42 U.S.C. 1395 et seq. and 1396 et seq.) or

fear of losing existing private health insurance; and

(iv) lack of education, training, and supports to meet job qualification standards

necessary to enter or retain or advance in

employment;

(E) enforcement of subchapter V of this

chapter and of the Americans with Disabilities

Act of 1990 (42 U.S.C. 12101 et seq.) holds the

promise of ending discrimination for individuals with disabilities; and

(F) the provision of vocational rehabilitation services can enable individuals with disabilities, including individuals with the most

severe disabilities, to pursue meaningful careers by securing gainful employment commensurate with their abilities and capabilities.

(2) The purpose of this subchapter is to assist

States in operating a comprehensive, coordinated, effective, efficient, and accountable program of vocational rehabilitation that is designed to assess, plan, develop, and provide vocational rehabilitation services for individuals

with disabilities, consistent with their

strengths, resources, priorities, concerns, abilities, and capabilities, so that such individuals

may prepare for and engage in gainful employment.

(3) It is the policy of the United States that

such a program shall be carried out in a manner

consistent with the following principles:

(A) Individuals with disabilities, including

individuals with the most severe disabilities,

are generally presumed to be capable of engaging in gainful employment and the provision

of individualized vocational rehabilitation

services can improve their ability to become

gainfully employed.

(B) Individuals with disabilities must be provided the opportunities to obtain gainful employment in integrated settings.

(C) Individuals with disabilities must be active participants in their own rehabilitation

programs, including making meaningful and

informed choices about the selection of their

vocational goals and objectives and the vocational rehabilitation services they receive.

(D) Families and natural supports can play

an important role in the success of a vocational rehabilitation program, if the individual with a disability requests, desires, or needs

such supports.

(E) Qualified vocational rehabilitation counselors, other qualified rehabilitation personnel, and other qualified personnel facilitate

the accomplishment of the employment goals

and objectives of an individual.

(F) Individuals with disabilities and their

advocates are full partners in the vocational

rehabilitation program and must be involved

on a regular basis and in a meaningful manner

with respect to policy development and implementation.

(G) Accountability measures must facilitate

and not impede the accomplishment of the

goals and objectives of the program, including

providing vocational rehabilitation services

to, among others, individuals with the most

severe disabilities.

(b) Authorization of appropriations

(1) For the purpose of making grants to States

under part B of this subchapter (other than

grants under section 732 of this title) to assist

States in meeting the costs of vocational rehabilitation services provided in accordance with

State plans under section 721 of this title, there

are authorized to be appropriated such sums as

may be necessary for fiscal years 1993 through

1997, except that the amount to be appropriated

for a fiscal year shall not be less than the

amount of the appropriation under this subsection for the immediately preceding fiscal

year, plus the amount of the Consumer Price

Index addition determined under subsection (c)

of this section for the immediately preceding

fiscal year.
Page 201 TITLE 29—LABOR § 720

(2) There are authorized to be appropriated to

carry out part C of this subchapter such sums as

may be necessary for fiscal years 1993 through

1997.

(c) Percentage change in Consumer Price Index;

publication in Federal Register; increase in

appropriations

(1) No later than November 15 of each fiscal

year (beginning with the fiscal year 1979), the

Secretary of Labor shall publish in the Federal

Register the percentage change in the Consumer

Price Index published for October of the preceding fiscal year and October of the fiscal year in

which such publication is made.

(2)(A) If in any fiscal year the percentage

change published under paragraph (1) indicates

an increase in the Consumer Price Index, then

the amount to be appropriated under subsection

(b) of this section for the subsequent fiscal year

shall be at least the amount appropriated for

the fiscal year in which the publication is made

under paragraph (1) increased by such percentage change.

(B) If in any fiscal year the percentage change

published under paragraph (1) does not indicate

an increase in the Consumer Price Index, then

the amount to be appropriated under subsection

(b) of this section for the subsequent fiscal year

shall be at least the amount appropriated for

the fiscal year in which the publication is made

under paragraph (1).

(3) For purposes of this section, the term

‘‘Consumer Price Index’’ means the Consumer

Price Index for All Urban Consumers, published

monthly by the Bureau of Labor Statistics.

(d) Extension of program authorization or duration; appropriation

(1)(A) Unless the Congress in the regular session which ends prior to the beginning of the

terminal fiscal year—

(i) of the authorization of appropriations for

the program authorized by the State grant

program under part B of this subchapter; or

(ii) of the duration of the program authorized by the State grant program under part B

of this subchapter;

has passed legislation which would have the effect of extending the authorization or duration

(as the case may be) of such program, such authorization is automatically extended for one

additional year for the program authorized by

this subchapter.

(B) The amount authorized to be appropriated

for the additional fiscal year described in subparagraph (A) shall be an amount equal to the

amount appropriated for such program for fiscal

year 1997, plus the amount of the Consumer

Price Index addition determined under subsection (c) of this section for the immediately

preceding fiscal year.

(2)(A) For the purposes of subdivision (i) of

paragraph (1), the Congress shall not have been

deemed to have passed legislation unless such

legislation becomes law.

(B) In any case where the Commissioner is required under an applicable statute to carry out

certain acts or make certain determinations

which are necessary for the continuation of the

program authorized by this subchapter, if such

acts or determinations are required during the

terminal year of such program, such acts and

determinations shall be required during any fiscal year in which that part of paragraph (1) of

this subsection which follows subdivision (ii) of

paragraph (1) is in operation.

(Pub. L. 93–112, title I, §100, Sept. 26, 1973, 87

Stat. 363; Pub. L. 93–516, title I, §102(a), Dec. 7,

1974, 88 Stat. 1618; Pub. L. 93–651, title I, §102(a),

Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, §§2(a),

11(b)(2), (3), Mar. 15, 1976, 90 Stat. 211, 213; Pub.

L. 95–602, title I, §101(a), (b), Nov. 6, 1978, 92 Stat.

2955; Pub. L. 98–221, title I, §111(a)–(d), Feb. 22,

1984, 98 Stat. 19; Pub. L. 99–506, title I,

§103(d)(2)(C), title II, §201, Oct. 21, 1986, 100 Stat.

1810, 1813; Pub. L. 100–630, title II, §202(a), Nov. 7,

1988, 102 Stat. 3304; Pub. L. 102–52, §2(a), (b)(1),

June 6, 1991, 105 Stat. 260; Pub. L. 102–569, title

I, §121(a), (b), Oct. 29, 1992, 106 Stat. 4365, 4367.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec.

(a)(1)(D)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as

amended. Titles XVIII and XIX of the Act are classified

generally to subchapters XVIII (§1395 et seq.) and XIX

(§1396 et seq.), respectively, of chapter 7 of Title 42, The

Public Health and Welfare. For complete classification

of this Act to the Code, see section 1305 of Title 42 and

Tables.

The Americans with Disabilities Act of 1990, referred

to in subsec. (a)(1)(E), is Pub. L. 101–336, July 26, 1990,

104 Stat. 327, as amended, which is classified principally

to chapter 126 (§12101 et seq.) of Title 42. For complete

classification of this Act to the Code, see Short Title

note set out under section 12101 of Title 42 and Tables.

CODIFICATION

For history of Pub. L. 93–651, which enacted amendments identical to Pub. L. 93–516, see Codification note

set out under section 701 of this title.

PRIOR PROVISIONS

Prior similar provisions were contained in former

sections 31 and 42–1 of this title.

AMENDMENTS

1992—Pub. L. 102–569, §121(a)(1), amended section

catchline.

Subsec. (a). Pub. L. 102–569, §121(a)(2), added subsec.

(a) and struck out former subsec. (a) which read as follows: ‘‘The purpose of this subchapter is to authorize

grants to assist States to meet the current and future

needs of individuals with handicaps, so that such individuals may prepare for and engage in gainful employment to the extent of their capabilities.’’

Subsec. (b). Pub. L. 102–569, §121(b)(1), amended subsec. (b) generally, substituting provisions authorizing

appropriations necessary to carry out parts B and C for

fiscal years 1993 to 1997 for provisions authorizing appropriations for fiscal years 1987 to 1992.

Subsec. (c)(2)(A), (B). Pub. L. 102–569, §121(b)(2), substituted ‘‘to be appropriated under subsection (b) of

this section for the subsequent fiscal year shall be at

least the amount’’ for ‘‘authorized to be appropriated

under subsection (b)(1) of this section for the subsequent fiscal year is the amount authorized to be’’.

Subsec. (d)(1)(B). Pub. L. 102–569, §121(b)(3), substituted ‘‘1997,’’ for ‘‘1992, or the amount authorized to

be appropriated for such program for fiscal year 1992,

whichever is higher,’’.

1991—Subsec. (b)(1)(A). Pub. L. 102–52, §2(a)(1)(A), substituted ‘‘are authorized’’ for ‘‘is authorized’’ and ‘‘1990,

1991, and 1992’’ for ‘‘1990, and 1991’’.

Subsec. (b)(1)(B). Pub. L. 102–52, §2(a)(1)(B), substituted ‘‘1992’’ for ‘‘1991’’.

Subsec. (b)(1)(C). Pub. L. 102–52, §2(a)(1)(C), struck out

‘‘and’’ after ‘‘1990,’’ and inserted ‘‘, and $1,875,512,100 for

fiscal year 1992’’ after ‘‘1991’’.
§ 720 TITLE 29—LABOR Page 202

Subsec. (b)(2). Pub. L. 102–52, §2(b)(1), substituted

‘‘1990, 1991, and 1992’’ for ‘‘1990, and 1991’’.

Subsec. (d)(1)(B). Pub. L. 102–52, §2(a)(2), substituted

‘‘1992’’ for ‘‘1991’’ in two places.

1988—Subsec. (b)(3). Pub. L. 100–630, §202(a)(1), struck

out par. (3) which read as follows: ‘‘For the purpose of

making grants to Indian tribes under part D of this

subchapter, there are authorized to be appropriated for

each of the fiscal years 1984, 1985, and 1986, in addition

to any other amounts authorized to be appropriated

under this section, such sums as may be necessary for

such fiscal year, but not more than an amount equal to

1 percent of the amount appropriated for that fiscal

year under paragraph (1) of this subsection.’’

Subsec. (c)(1), (2)(A), (B). Pub. L. 100–630, §202(a)(2)(A),

substituted ‘‘Consumer Price Index’’ for ‘‘price index’’.

Subsec. (c)(3). Pub. L. 100–630, §202(a)(2), substituted

‘‘section’’ for ‘‘subsection’’ and ‘‘Consumer Price

Index’’ for ‘‘price index’’.

Subsec. (d)(1). Pub. L. 100–630, §202(a)(3), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ‘‘Unless the Congress in the regular session which

ends prior to the beginning of the terminal fiscal year—

‘‘(A) of the authorization of appropriations for the

program authorized by the State grant program

under part B of this subchapter; or

‘‘(B) of the duration of the program authorized by

the State grant program under part B of this subchapter;

either—

‘‘(i) has passed or has formally rejected legislation

which would have the effect of extending the authorization or duration (as the case may be) of that program; or

‘‘(ii) by action of either the House of Representatives or the Senate, approves a resolution stating

that the provisions of this section shall no longer

apply to such program;

such authorization or duration is automatically extended for one additional fiscal year for the program

authorized by this subchapter. The amount appropriated for the additional year shall be the amount

which the Congress could, under the terms of the law

for which the appropriation is made, have appropriated

based upon the amount authorized for fiscal year 1991

and the amount authorized under subsection (c) of this

section.’’

1986—Subsec. (a). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (b)(1). Pub. L. 99–506, §201(a), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

‘‘(A) For the purpose of making grants to States

under part B of this subchapter (other than grants

under section 732 of this title) to assist them in meeting the costs of vocational rehabilitation services provided in accordance with State plans under section 721

of this title, there is authorized to be appropriated

$1,037,800,000 for the fiscal year 1984, and the amount determined under subsection (c) of this section for each of

the fiscal years 1985, 1986, and 1987.

‘‘(B) In addition, there are authorized to be appropriated for such purpose such additional sums as may

be necessary for each of the fiscal years 1985 and 1986.

Any amount appropriated pursuant to this subparagraph shall be allocated in accordance with section

730(a)(4) of this title.

‘‘(C) In no event may the amount appropriated for the

purpose of making grants to States under part B of this

subchapter (other than section 732 of this title) be more

than $1,117,500,000 for the fiscal year 1985 and

$1,203,200,000 for the fiscal year 1986.’’

Subsec. (b)(2). Pub. L. 99–506, §201(b), amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

‘‘For the purpose of allotments under section 740(a)(1)

of this title, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal

years 1984, 1985, and 1986. There are further authorized

to be appropriated for such purpose for each such year

such additional sums as the Congress may determine to

be necessary.’’

Subsec. (d)(1). Pub. L. 99–506, §201(c), substituted ‘‘fiscal year 1991’’ for ‘‘fiscal year 1986’’ in concluding provisions.

1984—Subsec. (b)(1). Pub. L. 98–221, §111(a), inserted

exception for grants under section 732 of this title, substituted provisions authorizing appropriations of

$1,037,800,000 for fiscal year 1984 and of amounts determined under subsec. (c) of this section for each of the

fiscal years 1985, 1986, and 1987, authorizing necessary

additional amounts for each of the fiscal years 1985 and

1986, and setting upper limits on the amounts appropriated to make grants under part B of this subchapter

other than section 732 of this title for fiscal years 1985

and 1986 for provisions which had formerly authorized

appropriations for fiscal years 1974 through 1982 and

had set upper limits on the amount appropriated for

fiscal years 1980, 1981, and 1982.

Subsec. (b)(2). Pub. L. 98–221, §111(b), substituted provisions authorizing appropriations of such sums as may

be necessary for each of the fiscal years 1984, 1985, and

1986 for provisions which had formerly authorized appropriations for fiscal years 1979, 1980, 1981, and 1982.

Subsec. (b)(3). Pub. L. 98–221, §111(c), substituted

‘‘each of the fiscal years 1984, 1985, and 1986’’ for ‘‘the

fiscal year ending September 30, 1979, and for each of

the three fiscal years thereafter’’.

Subsec. (d). Pub. L. 98–221, §111(d), added subsec. (d).

1978—Subsec. (b)(1). Pub. L. 95–602, §101(a)(1), inserted

provisions authorizing appropriations of $808,000,000 for

the fiscal year ending Sept. 30, 1979 and for amounts determined under subsec. (c) for the succeeding three fiscal years providing that the amounts appropriated not

exceed $880,000,000 for the fiscal year ending Sept. 30,

1980, $945,000,000 for the fiscal year ending Sept. 30, 1981,

and $972,000,000 for the fiscal year ending Sept. 30, 1982.

Subsec. (b)(2). Pub. L. 95–602, §101(a)(2), substituted

provision authorizing appropriations for allotments

under section 740(a)(1) of this title of $45,000,000 for the

fiscal year ending Sept. 30, 1979, $50,000,000 for the fiscal

year ending Sept. 30, 1980, $55,000,000 for the fiscal year

ending Sept. 30, 1981, and $60,000,000 for the fiscal year

ending Sept. 30, 1982 for provision authorizing appropriations for carrying out part C of this subchapter (relating to grants to States and public and nonprofit

agencies) and former part D of this subchapter (relating

to a comprehensive study of the needs of the most severely handicapped) of $37,000,000 for the fiscal year

ending June 30, 1974, $39,000,000 for the fiscal year ending June 30, 1975, $42,000,000 for the fiscal year ending

June 30, 1976, and $25,000,000 for the fiscal years ending

Sept. 30, 1977 and Sept. 30, 1978, but restricting the

amount available in each fiscal year for carrying out

former part D to $1,000,000.

Subsec. (b)(3). Pub. L. 95–602, §101(a)(3), added par. (3).

Subsec. (c). Pub. L. 95–602, §101(b), added subsec. (c).

1976—Subsec. (b)(1). Pub. L. 94–230, §2(a)(1), inserted

provisions authorizing appropriations of $740,000,000 for

the fiscal year ending Sept. 30, 1977.

Pub. L. 94–230, §11(b)(2), inserted provisions authorizing appropriations of $760,000,000 for the fiscal year ending Sept. 30, 1978.

Subsec. (b)(2). Pub. L. 94–230, §2(a)(2), inserted provisions authorizing appropriations of $25,000,000 for the

fiscal year ending Sept. 30, 1977.

Pub. L. 94–230, §11(b)(3), inserted provisions authorizing appropriations of $25,000,000 for the fiscal year ending Sept. 30, 1978.

1974—Subsec. (b)(1). Pub. L. 93–516, §102(a)(1), inserted

provisions authorizing appropriation of $720,000,000 for

fiscal year ending June 30, 1976.

Pub. L. 93–651, §102(a)(1), amended subsec. (b)(1) in exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (b)(2). Pub. L. 93–516, §102(a)(2), inserted provisions authorizing appropriation of $42,000,000 for fiscal year ending June 30, 1976.
Page 203 TITLE 29—LABOR § 721

Pub. L. 93–651, §102(a)(2), amended subsec. (b)(2) in exactly the same manner as it was amended by Pub. L.

93–516.

EXTENSION OF VOCATIONAL REHABILITATION PROGRAMS

THROUGH FISCAL YEAR ENDING SEPTEMBER 30, 1978;

EFFECTIVE DATE OF 1976 AMENDMENT

Section 11(a), (b)(1), (c) of Pub. L. 94–230 provided

that:

‘‘(a) Unless the Congress, before April 15, 1977, has

passed legislation which would have the effect of extending the authorization of each program and activity

the authorization for which is extended through the fiscal year ending September 30, 1977, by the amendments

made by section 2 through section 10 [amending sections 720, 732, 741, 761, 771, 772, 774, 775, 783, 785, and 792

of this title], each such authorization shall be automatically extended through the fiscal year ending September 30, 1978, in accordance with the amendments

made by subsection (b).

‘‘(b)(1) The amendments made by this subsection

[amending sections 720, 732, 761, 771, 772, 774, 775, 783,

785, and 792 of this title] shall take effect at the close

of April 15, 1977, unless the Congress has passed legislation in accordance with the provisions of subsection

(a).

‘‘(c) For purposes of this section, the Congress shall

not have been deemed to have passed legislation unless

such legislation becomes law.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 730, 732, 744,

794e, 796e, 796f of this title; title 42 sections 6025, 6042,

10822.

§ 721. State plans

(a) Three year plan; annual revisions; general

and specific requirements

In order to be eligible to participate in programs under this subchapter, a State shall submit to the Commissioner a State plan for vocational rehabilitation services for a 3-year period,

or shall submit the plan on such date, and at

such regular intervals, as the Secretary may determine to be appropriate to coincide with the

intervals at which the State submits State plans

under other Federal laws, such as part B of the

Individuals with Disabilities Education Act (20

U.S.C. 1411 et seq.). In order to be eligible to participate in programs under this subchapter, a

State, upon the request of the Commissioner,

shall make such annual revisions in the plan as

may be necessary. Each such plan shall—

(1) State agency for plan administration, designation; separate agencies for services to

individuals who are blind and for other

services; joint program; political subdivision participation, waiver; qualification of

State agency

(A) designate a State agency as the sole

State agency to administer the plan, or to supervise its administration by a local agency,

except that (i) where, under the State’s law,

the State agency for individuals who are blind

or other agency which provides assistance or

services to adults who are blind is authorized

to provide vocational rehabilitation services

to such individuals, such agency may be designated as the sole State agency to administer

the part of the plan under which vocational rehabilitation services are provided for individuals who are blind (or to supervise the administration of such part by a local agency) and a

separate State agency may be designated as

the sole State agency with respect to the rest

of the State plan, (ii) the Commissioner, upon

the request of a State, may authorize such

agency to share funding and administrative

responsibility with another agency of the

State or with a local agency in order to permit

such agencies to carry out a joint program to

provide services to individuals with disabilities, and may waive compliance with respect

to vocational rehabilitation services furnished

under such programs with the requirement of

paragraph (4) of this subsection that the plan

be in effect in all political subdivisions of that

State, and (iii) in the case of American Samoa,

the appropriate State agency shall be the Governor of American Samoa;

(B) provide that the State agency so designated to administer or supervise the administration of the State plan, or (if there are two

State agencies designated under subparagraph

(A) of this paragraph) to supervise or administer the part of the State plan that does not

relate to services for individuals who are

blind, shall be (i) a State agency primarily

concerned with vocational rehabilitation, or

vocational and other rehabilitation, of individuals with disabilities, (ii) the State agency administering or supervising the administration

of education or vocational education in the

State, or (iii) a State agency which includes at

least two other major organizational units

each of which administers one or more of the

major public education, public health, public

welfare, or labor programs of the State;

(2) State rehabilitation bureau; director; staff;

major organizational status; separate units

for services to individuals who are blind

and for other services

provide, except in the case of agencies described in paragraph (1)(B)(i)—

(A) that the State agency designated pursuant to paragraph (1) (or each State agency

if two are so designated) shall include a vocational rehabilitation bureau, division, or

other organizational unit which (i) is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation,

of individuals with disabilities, and is responsible for the vocational rehabilitation

program of such State agency, (ii) has a fulltime director, and (iii) has a staff employed

on such rehabilitation work of such organizational unit all or substantially all of

whom are employed full time on such work;

and

(B)(i) that such unit shall be located at an

organizational level and shall have an organizational status within such State agency

comparable to that of other major organizational units of such agency, or (ii) in the

case of an agency described in paragraph

(1)(B)(ii), either that such unit shall be so located and have such status, or that the director of such unit shall be the executive officer of such State agency; except that, in

the case of a State which has designated

only one State agency pursuant to paragraph (1) of this subsection, such State may,

if it so desires, assign responsibility for the