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—
§ 772 TITLE 29—LABOR Page 260

(I) are related to training described in

clause (i) or (ii); and

(II) are required by the individual to engage in such training.

(B) Pursuant to regulations, payment of weekly allowances may be made to individuals receiving vocational rehabilitation services and

related services under this section. Such allowances may not be paid to any individual for any

period in excess of two years. In determining the

amount of such allowances for any individual,

consideration shall be given to the individual’s

need for such an allowance, including any expenses reasonably attributable to receipt of vocational rehabilitation services, the extent to

which such an allowance will help assure entry

into and satisfactory completion of training,

and such other factors, specified by the Commissioner, as will promote such individual’s capacity to engage in competitive employment.

(3) The Commissioner may make a grant for a

project pursuant to this subsection only if the

Commissioner determines that (A) the purpose

of such project is to prepare individuals with

disabilities, especially those with the most severe disabilities, for competitive employment,

or to place or retain such individual in competitive employment, including supported employment; (B) the individuals to receive vocational

rehabilitation services under such project will

include only those who have been determined to

be in need of such vocational rehabilitation

services by the State agency or agencies designated as provided in section 721(a)(1) of this

title of the State in which the community rehabilitation program is located; (C) the full range

of vocational rehabilitation services will be

made available to each such individual, to the

extent of that individual’s need for such services; and (D) the project, including the participating community rehabilitation program and

the vocational rehabilitation services provided,

meets such other requirements as the Commissioner may prescribe in regulations for carrying

out the purposes of this subsection.

(c) Grants to public or nonprofit agencies

The Commissioner is also authorized to make

grants, upon applications approved by the designated State agency, to public or nonprofit

agencies, institutions, or organizations to assist

them in meeting the cost of planning community rehabilitation programs, the cost of the

services to be provided by such programs, and

initial staffing costs of such programs.

(d) Operation grants; buildings’ use prohibition

(1) The Commissioner is authorized to make

grants to public or nonprofit community rehabilitation programs, or to an organization or

combination of such programs, to pay the Federal share of the cost of projects to analyze, improve, and increase their professional services to

individuals with disabilities, their management

effectiveness, or any other part of their operations affecting their capacity to provide employment and services for such individuals.

(2) No part of any grant made pursuant to this

subsection may be used to pay costs of acquiring, constructing, expanding, remodeling, or altering any building.

(Pub. L. 93–112, title III, §303, formerly §302,

Sept. 26, 1973, 87 Stat. 378; Pub. L. 93–516, title I,

§105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651,

title I, §105, Nov. 21, 1974, 89 Stat. 2–4; Pub. L.

94–230, §§5, 11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213;

Pub. L. 95–602, title I, §§112(b), 122(c)(3), Nov. 6,

1978, 92 Stat. 2968, 2987; Pub. L. 98–221, title I,

§132, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506,

title I, §103(d)(2)(C), title IV, §402, title X,

§1001(d)(1), Oct. 21, 1986, 100 Stat. 1810, 1824, 1842;

Pub. L. 100–630, title II, §204(b), Nov. 7, 1988, 102

Stat. 3308; Pub. L. 102–52, §4(b), June 6, 1991, 105

Stat. 261; renumbered §303 and amended Pub. L.

102–569, title I, §102(p)(16), title III, §§301(b)(3),

303, Oct. 29, 1992, 106 Stat. 4358, 4411, 4416.)

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

A prior section 303 of Pub. L. 93–112 was renumbered

section 304 and is classified to section 773 of this title.

Prior similar provisions were contained in former

section 41b of this title.

AMENDMENTS

1992—Pub. L. 102–569, §§102(p)(16)(A), 303(d), substituted ‘‘rehabilitation’’ for ‘‘training’’ and ‘‘disabilities’’ for ‘‘handicaps’’ in section catchline.

Subsec. (a). Pub. L. 102–569, §303(a), substituted ‘‘1993

through 1997’’ for ‘‘1987, 1988, 1989, 1990, 1991, and 1992’’.

Subsec. (b)(1). Pub. L. 102–569, §§102(p)(16)(B), 303(b)(1),

substituted ‘‘rehabilitation services or employment

support services’’ for ‘‘training services’’, ‘‘community

rehabilitation programs’’ for ‘‘rehabilitation facilities’’, and ‘‘disabilities’’ for ‘‘handicaps’’ in two places.

Subsec. (b)(2)(A). Pub. L. 102–569, §303(b)(2)(A), added

subpar. (A) and struck out former subpar. (A) which

read as follows: ‘‘Vocational training services for purposes of this subsection shall include training with a

view toward career advancement; training in occupational skills; related services, including work evaluation, work testing, provision of occupational tools and

equipment required by the individual to engage in such

training, and job tryouts; and payment of weekly allowances to individuals receiving such training and related services.’’

Subsec. (b)(2)(B). Pub. L. 102–569, §303(b)(2)(B), inserted first sentence ‘‘Pursuant to regulations, payment of weekly allowances may be made to individuals

receiving vocational rehabilitation services and related

services under this section.’’, in second sentence, substituted a period for ‘‘, and such allowances for any

week shall not exceed $30 plus $10 for each of the individual’s dependents, or $70, whichever is less.’’, and in

last sentence, substituted ‘‘vocational rehabilitation

services’’ for ‘‘training services’’ and ‘‘competitive employment’’ for ‘‘gainful and suitable employment’’.

Subsec. (b)(3)(A). Pub. L. 102–569, §§102(p)(16)(B),

303(b)(3)(A), substituted ‘‘competitive employment, or

to place or retain such individual in competitive employment’’ for ‘‘gainful and suitable employment’’ and

‘‘disabilities’’ for ‘‘handicaps’’ in two places.

Subsec. (b)(3)(B). Pub. L. 102–569, §303(b)(3)(B), struck

out ‘‘suitable for and’’ after ‘‘determined to be’’ and

substituted ‘‘vocational rehabilitation’’ for ‘‘training’’

in two places and ‘‘community rehabilitation program’’

for ‘‘rehabilitation facility’’.

Subsec. (b)(3)(C). Pub. L. 102–569, §303(b)(3)(C), substituted ‘‘vocational rehabilitation’’ for ‘‘training’’.

Subsec. (b)(3)(D). Pub. L. 102–569, §303(b)(3)(D), substituted ‘‘community rehabilitation program and the

vocational rehabilitation’’ for ‘‘rehabilitation facility

and the training’’.

Subsec. (c). Pub. L. 102–569, §303(c)(2), added subsec.

(c). Former subsec. (c) redesignated (d).
Page 261 TITLE 29—LABOR § 773

Pub. L. 102–569, §102(p)(16)(B), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’

in par. (1).

Subsec. (d). Pub. L. 102–569, §303(c)(1), redesignated

subsec. (c) as (d).

Subsec. (d)(1). Pub. L. 102–569, §303(c)(3), substituted

‘‘community rehabilitation programs’’ for ‘‘rehabilitation facilities’’ and ‘‘such programs’’ for ‘‘such facilities’’.

1991—Subsec. (a). Pub. L. 102–52 substituted ‘‘1990,

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

1988—Subsec. (b)(3)(D). Pub. L. 100–630 substituted

‘‘meets’’ for ‘‘meet’’.

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

in section catchline.

Subsec. (a). Pub. L. 99–506, §402(a), substituted ‘‘of the

fiscal years 1987, 1988, 1989, 1990, and 1991’’ for ‘‘fiscal

year ending before October 1, 1986’’.

Subsec. (b)(1). Pub. L. 99–506, §103(d)(2)(C), substituted

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

Subsec. (b)(3). Pub. L. 99–506, §1001(d)(1)(A), substituted ‘‘only if the Commissioner determines’’ for

‘‘only on his determination’’.

Subsec. (b)(3)(A). Pub. L. 99–506, §§103(d)(2)(C), 402(b),

substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ and inserted reference to supported

employment.

Subsec. (b)(3)(C). Pub. L. 99–506, §1001(d)(1)(B), substituted ‘‘of that individual’s need’’ for ‘‘of his need’’.

Subsec. (b)(3)(D). Pub. L. 99–506, §1001(d)(1)(C), substituted ‘‘as the Commissioner may prescribe’’ for ‘‘as

he may prescribe’’.

Subsec. (c)(1). Pub. L. 99–506, §103(d)(2)(C), substituted

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

1984—Subsec. (a). Pub. L. 98–221 substituted ‘‘October

1, 1986’’ for ‘‘October 1, 1982’’.

1978—Subsec. (a). Pub. L. 95–602, §112(b), substituted

‘‘entering into contracts’’ for ‘‘contracts’’ and ‘‘each

fiscal year ending before October 1, 1982’’ for ‘‘the fiscal

years ending June 30, 1974, June 30, 1975, June 30, 1976,

September 30, 1977, and September 30, 1978’’.

Subsecs. (b), (c). Pub. L. 95–602, §122(c)(3), substituted

‘‘Commissioner’’ for ‘‘Secretary’’.

1976—Subsec. (a). Pub. L. 94–230, §5, extended authorization of appropriation for fiscal year ending Sept. 30,

1977.

Pub. L. 94–230, §11(b)(8), extended authorization of appropriations for fiscal year ending Sept. 30, 1978.

1974—Subsec. (a). Pub. L. 93–516 extended authorization of appropriation for fiscal year ending June 30,

1976.

Pub. L. 93–651 amended subsec. (a) 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

For contingency provisions relating to the extensions

of program authorizations and to the effective date of

such extensions, see section 11(a), (b)(1), and (c) of Pub.

L. 94–230, set out as a note under section 720 of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 776 of this title.

§ 773. Loan guarantees for community rehabilitation programs

(a) Purpose

It is the purpose of this section to assist and

encourage the provision of needed community

rehabilitation programs for individuals with disabilities primarily served by State rehabilitation programs.

(b) Loans to nonprofit entities by non-Federal

lenders and Federal Financing Bank; construction; equipment

The Commissioner may, under special circumstances and in accordance with this section and

subject to section 776 of this title, guarantee the

payment of principal and interest on loans made

to nonprofit private entities by non-Federal

lenders and by the Federal Financing Bank for

the construction of facilities for community rehabilitation programs, including equipment

used in their operation.

(c) Payment by Commissioner for reduction of effective interest rate

In the case of a guarantee of any loan to a

nonprofit private entity under this section, the

Commissioner shall pay, to the holder of such

loan and for and on behalf of the project for

which the loan was made, amounts sufficient to

reduce by 2 percent per annum the net effective

interest rate otherwise payable on such loan.

Each holder of a loan which is guaranteed under

this section shall have a contractual right to receive from the United States interest payments

required by the preceding sentence.

(d) Limitation on amount of principal of outstanding loans

The cumulative total of the principal of the

loans outstanding at any time with respect to

which guarantees have been issued, or which

have been directly made, may not exceed

$100,000,000.

(e) Terms and conditions

(1) The Commissioner may not approve a loan

guarantee for a project under this section unless

the Commissioner determines that (A) the

terms, conditions, security (if any), and schedule and amount of repayments with respect to

the loan are sufficient to protect the financial

interests of the United States and are otherwise

reasonable, including a determination that the

rate of interest does not exceed such per centum

per annum on the principal obligation outstanding as the Commissioner determines to be reasonable, taking into account the range of interest rates prevailing in the private market for

similar loans and the risks assumed by the

United States, and (B) the loan would not be

available on reasonable terms and conditions

without the guarantee under this section.

(2)(A) The United States shall be entitled to

recover from the applicant for a loan guarantee

under this section the amount of any payment

made pursuant to such guarantee, unless the

Commissioner for good cause waives such right

of recovery. Upon making any such payment,

the United States shall be subrogated to all of

the rights of the recipient of the payments with

respect to which the guarantee was made.

(B) To the extent permitted by subparagraph

(C), any terms and conditions applicable to a

loan guarantee under this section (including

terms and conditions imposed under paragraph

(1)) may be modified by the Commissioner to the

extent considered consistent with the interests

of the United States.

(C) Any loan guarantee made by the Commissioner under this section shall be incontestable

(i) in the hands of an applicant on whose behalf