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
§ 721 TITLE 29—LABOR Page 204

1So in original.

part of the plan under which vocational rehabilitation services are provided for individuals who are blind to one organizational

unit of such agency, and assign responsibility for the rest of the plan to another organizational unit of such agency, with the provisions of this paragraph applying separately to each of such units;

(3) State financial participation

provide for financial participation by the

State, or if the State so elects, by the State

and local agencies to meet the amount of the

non-Federal share;

(4) Political subdivision participation, waiver;

regulations; funds of local agency for nonFederal share of cost of services

provide that the plan shall be in effect in all

political subdivisions, except that in the case

of any activity which, in the judgment of the

Commissioner, is likely to assist in promoting

the vocational rehabilitation of substantially

larger numbers of individuals with disabilities

or groups of individuals with disabilities the

Commissioner may waive compliance with the

requirement herein that the plan be in effect

in all political subdivisions of the State to the

extent and for such period as may be provided

in accordance with regulations prescribed by

the Commissioner, but only if the non-Federal

share of the cost of such vocational rehabilitation services is met from funds made available

by a local agency (including, to the extent permitted by such regulations, funds contributed

to such agency by a private agency, organization, or individual);

(5) Plans, policies, and methods for execution,

administration, and supervision of State

plan; comprehensive, Statewide assessment

of rehabilitation needs of individuals with

severe disabilities; expansion and improvement of services; maximum utilization of

facilities; priorities in order of selection;

achievement of outcome and service goals;

assistance to individuals with most severe

disabilities; rehabilitation technology services

(A) contain the plans, policies, and methods

to be followed in carrying out the State plan

and in its administration and supervision, including the results of a comprehensive, Statewide assessment of the rehabilitation needs of

individuals with severe disabilities residing

within the State and the State’s response to

the assessment, a description of the method to

be used to expand and improve services to individuals with the most severe disabilities, including individuals served under part C of subchapter VI of this chapter, and a description of

the method to be used to utilize community

rehabilitation programs to the maximum extent feasible, an explanation of the methods

by which the State will provide vocational rehabilitation services to all individuals with

disabilities within the State who are eligible

for such services, and, in the event that vocational rehabilitation services cannot be provided to all eligible individuals with disabilities who apply for such services, (i) show and

provide the justification for the order to be

followed in selecting individuals to whom vocational rehabilitation services will be provided,,1 and (ii) show the outcomes and service

goals,,1 and the time within which they may

be achieved, for the rehabilitation of such individuals, which order of selection for the provision of vocational rehabilitation services

shall be determined on the basis of serving

first those individuals with the most severe

disabilities in accordance with criteria established by the State, and shall be consistent

with priorities in such order of selection so determined, and outcome and service goals for

serving individuals with disabilities, established in regulations prescribed by the Commissioner;

(B) provide satisfactory assurances to the

Commissioner that the State has studied and

considered a broad variety of means for providing services to individuals with the most

severe disabilities, including the use of funds

under part C of subchapter VI of this chapter

to supplement funds under part B of this subchapter to pay for the cost of services leading

to supported employment; and

(C) describe—

(i) how a broad range of rehabilitation

technology services will be provided at each

stage of the rehabilitation process;

(ii) how a broad range of such rehabilitation technology services will be provided on

a statewide basis; and

(iii) the training that will be provided to

vocational rehabilitation counselors, client

assistance personnel, and other related services personnel;

(6) Methods of administration; State employment requirement; architectural barriers

requirement

(A) provide for such methods of administration, other than methods relating to the establishment and maintenance of personnel standards, as are found by the Commissioner to be

necessary for the proper and efficient administration of the plan (including a requirement

that the State agency and facilities in receipt

of assistance under this subchapter shall take

affirmative action to employ and advance in

employment qualified individuals with disabilities covered under, and on the same terms

and conditions as set forth in, section 793 of

this title); and

(B) provide satisfactory assurances that facilities used in connection with the delivery of

services assisted under the plan will comply

with the Act of August 12, 1968, commonly

known as the Architectural Barriers Act of

1968 [42 U.S.C. 4151 et seq.], with section 794 of

this title, and with the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.];

(7) Personnel development; standards for

training of personnel; minimum standards

to assure availability of trained language

interpreters

(A) include a description (consistent with

the purposes of this chapter) of a comprehensive system of personnel development, which

shall include—
Page 205 TITLE 29—LABOR § 721

(i) a description of the procedures and activities the State agency will undertake to

ensure an adequate supply of qualified State

rehabilitation professionals and paraprofessionals for the designated State unit, including the development and maintenance of a

system for determining, on an annual basis—

(I) the number and type of personnel

that are employed by the State agency in

the provision of vocational rehabilitation

services, including ratios of counselors to

clients; and

(II) the number and type of personnel

needed by the State, and a projection of

the numbers of such personnel that will be

needed in 5 years, based on projections of

the number of individuals to be served, the

number of such personnel who are expected to retire or leave the field, and

other relevant factors;

(ii) where appropriate, a description of the

manner in which activities will be undertaken through this section to coordinate the

system of personnel development with personnel development under the Individuals

with Disabilities Education Act (20 U.S.C.

1400 et seq.);

(iii) a description of the development and

maintenance of a system of determining, on

an annual basis, information on the institutions of higher education within the State

that are preparing rehabilitation professionals, including—

(I) the numbers of students enrolled in

such programs; and

(II) the number who graduated with certification or licensure, or with credentials

to qualify for certification or licensure,

during the past year;

(iv) a description of the development, updating, and implementation of a plan that—

(I) will address the current and projected

vocational rehabilitation services personnel training needs for the designated State

unit; and

(II) provides for the coordination and facilitation of efforts between the designated

State unit and institutions of higher education (as defined in section 1141(a) of title

20) and professional associations to recruit, prepare and retain qualified personnel, including personnel from minority

backgrounds, and personnel who are individuals with disabilities; and

(v) a description of the procedures and activities the State agency will undertake to

ensure that all personnel employed by the

designated State unit are appropriately and

adequately trained and prepared, including—

(I) a system for the continuing education

of rehabilitation professionals and paraprofessionals within the designated State

unit, particularly with respect to rehabilitation technology; and

(II) procedures for acquiring and disseminating to rehabilitation professionals and

paraprofessionals within the designated

State unit significant knowledge from research and other sources, including procedures for providing training regarding the

amendments to this chapter made by the

Rehabilitation Act Amendments of 1992;

(B) set forth policies and procedures relating

to the establishment and maintenance of

standards to ensure that personnel, including

professionals and paraprofessionals, needed

within the State agency to carry out this part

are appropriately and adequately prepared and

trained, including—

(i) the establishment and maintenance of

standards that are consistent with any national or State approved or recognized certification, licensing, registration, or other

comparable requirements that apply to the

area in which such personnel are providing

vocational rehabilitation services; and

(ii) to the extent such standards are not

based on the highest requirements in the

State applicable to a specific profession or

discipline, the steps the State is taking to

require the retraining or hiring of personnel

within the designated State unit that meet

appropriate professional requirements in the

State; and

(C) contain provisions relating to the establishment and maintenance of minimum standards to ensure the availability of personnel

within the designated State unit, to the maximum extent feasible, trained to communicate

in the native language or mode of communication of the client;

(8) Determination regarding availability of

comparable services and benefits under

any other program

provide, at a minimum, for the provision of

the vocational rehabilitation services specified in paragraphs (1) through (3) and paragraph (12) of section 723(a) of this title, and for

the provision of such other services as are

specified under such section after a determination that comparable services and benefits are

not available under any other program, except

that such a determination shall not be required—

(A) if the determination would delay the

provision of such services to any individual

at extreme medical risk; or

(B) prior to the provision of such services

if an immediate job placement would be lost

due to a delay in the provision of such comparable benefits;

(9) Information utilized in making eligibility

determinations; individualized written rehabilitation program; recordkeeping requirements

provided that—

(A) to the maximum extent appropriate,

and consistent with the requirements of this

chapter, existing information available from

other programs and providers (particularly

information used by education officials and

the Social Security Administration) and information that can be provided by the individual with a disability or the family of the

individual shall be used for purposes of determining eligibility for vocational rehabilitation services and for choosing rehabilitation goals, objectives, and services;

(B) an individualized written rehabilitation program meeting the requirements of
§ 721 TITLE 29—LABOR Page 206

section 722 of this title will be developed for

each individual with a disability eligible for

vocational rehabilitation services under this

chapter;

(C) such services will be provided under

the plan in accordance with such program;

and

(D) records of the characteristics of each

applicant will be kept specifying, as to those

individuals who apply for services under this

subchapter and are determined not to be eligible therefor, the reasons for such determinations in such detail as required by the

Commissioner in order for the Commissioner

to analyze and evaluate annually the reasons for and numbers of such ineligibility

determinations as part of the Commissioner’s responsibilities under section 712 of

this title, and that the State agency will at

least annually categorize and analyze such

reasons and numbers and report this information to the Commissioner and will, not

later than 12 months after each such determination, review each such ineligibility determination in accordance with the criteria

set forth in section 722 of this title;

(10) Reports of State agency; form; scope of information; time of report; correctness and

verification

(A) provide that the State agency will make

such reports in such form, containing such information (including the data described in

subparagraph (D) of paragraph (9) of this subsection, periodic estimates of the population

of individuals with disabilities eligible for

services under this chapter in such State,

specifications of the number of such individuals who will be served with funds provided

under this chapter and the outcomes and service goals to be achieved for such individuals in

each priority category specified in accordance

with paragraph (5) of this subsection, and the

service costs for each such category), and at

such time as the Commissioner may require to

carry out the functions of the Commissioner

under this subchapter, and comply with such

provisions as are necessary to assure the correctness and verification of such reports; and

(B) provide that reports under subparagraph

(A) will include information on—

(i) the number of such individuals who are

evaluated and the number rehabilitated;

(ii) the costs of administration, counseling, provision of direct services, development of community rehabilitation programs, and other functions carried out under

this chapter; and

(iii) the utilization by such individuals of

other programs pursuant to paragraph (11);

(11) Intergovernmental cooperation

(A) provide for interagency cooperation

with, and the utilization of the services and

facilities of, the State agencies administering

the State’s public assistance programs, other

programs for individuals with disabilities, veterans programs, community mental health

programs, manpower programs, and public employment offices, and the Social Security Administration of the Department of Health and

Human Services, the Department of Veterans

Affairs, and other Federal, State, and local

public agencies providing services related to

the rehabilitation of individuals with disabilities (specifically including arrangements for

the coordination of services to individuals eligible for services under this chapter, the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.), the Carl D. Perkins Vocational and Applied Technology Education Act

(20 U.S.C. 2301 et seq.), and the Javits-WagnerO’Day Act (41 U.S.C. 46 et seq.);

(B) provide that cooperation under subparagraph (A) shall include, to the extent practicable, means for providing training to staff

of the agencies described in subparagraph (A)

as to the availability and benefits of, and eligibility standards for, vocational rehabilitation services, in order to enhance the opportunity of individuals receiving the services described in subparagraph (A) to obtain vocational rehabilitation services; and

(C) in providing for interagency cooperation

under subparagraph (A), provide for such cooperation by means including, if appropriate—

(i) establishing interagency working

groups; and

(ii) entering into formal interagency cooperative agreements that—

(I) identify policies, practices, and procedures that can be coordinated among the

agencies (particularly definitions, standards for eligibility, the joint sharing and

use of evaluations and assessments, and

procedures for making referrals);

(II) identify available resources and define the financial responsibility of each

agency for paying for necessary services

(consistent with State law) and procedures

for resolving disputes between agencies;

and

(III) include all additional components

necessary to ensure meaningful cooperation and coordination;

(12) Community resources; utilization; agreements for services provided by community

rehabilitation programs

(A) provide satisfactory assurances to the

Commissioner that, in the provision of vocational rehabilitation services, maximum utilization shall be made of public or other vocational or technical training programs or other

appropriate resources in the community; and

(B) provide (as appropriate) for entering into

agreements with the operators of community

rehabilitation programs for the provision of

services for the rehabilitation of individuals

with disabilities;

(13) Disabled Federal employees; disabled public safety officers

(A) provide that vocational rehabilitation

services provided under the State plan shall be

available to any civil employee of the United

States who is disabled while in the performance of the employee’s duty on the same terms

and conditions as apply to other persons, and

(B) provide that special consideration will be

given to the rehabilitation under this chapter

of an individual with a disability whose disability was sustained in the line of duty while

such individual was performing as a public
Page 207 TITLE 29—LABOR § 721

2See References in Text note below.

safety officer if the proximate cause of such

disability was a criminal act, apparent criminal act, or a hazardous condition resulting directly from the officer’s performance of duties

in direct connection with the enforcement,

execution, and administration of law or fire

prevention, firefighting, or related public safety activities;

(14) Residency requirement; prohibition

provide that no residence requirement will be

imposed which excludes from services under

the plan any individual who is present in the

State;

(15) Continuing studies

provide for continuing statewide studies of the

needs of individuals with disabilities and how

these needs may be most effectively met, including—

(A) a full needs assessment for serving individuals with severe disabilities;

(B) an assessment of the capacity and effectiveness of community rehabilitation programs, plans for improving such programs,

and policies for the use thereof by the State

agency;

(C) review of the efficacy of the criteria

employed with respect to ineligibility determinations described in paragraph (9)(C) 2 of

this subsection with a view toward the relative need for services to significant segments of the population of individuals with

disabilities and the need for expansion of

services to those individuals with the most

severe disabilities; and

(D) outreach procedures to identify and

serve individuals with disabilities who are

minorities and individuals with disabilities

who have been unserved or underserved by

the vocational rehabilitation system;

(16) Employment review and reevaluation

provide for—

(A)(i) at least annual review and reevaluation of the status of each individual with a

disability placed in an extended employment

setting in a community rehabilitation program (including a workshop) or other employment under section 214(c) of this title,

to determine the interests, priorities, and

needs of the individual for employment, or

training for competitive employment, in an

integrated setting in the labor market; and

(ii) input into the review and reevaluation

by the individual with a disability, or, in an

appropriate case, a parent, a family member,

a guardian, an advocate, or an authorized

representative, of the individual, if the individual requests, desires, or needs assistance;

(B) maximum efforts, including the identification of vocational rehabilitation services, reasonable accommodations, and other

support services, to enable such an individual to benefit from training or to be placed

in employment in an integrated setting; and

(C) services designed to promote movement from extended employment to integrated employment, including supported employment, independent living, and community participation;

(17) State facilities, construction; Federal

share of construction costs; general grant

and contract requirements applicable; nonreduction of other rehabilitation services

provide that if, under special circumstances,

the State plan includes provisions for the construction of facilities for community rehabilitation programs—

(A) the Federal share of the cost of construction thereof for a fiscal year will not

exceed an amount equal to 10 per centum of

the State’s allotment for such year,

(B) the provisions of section 776 of this

title shall be applicable to such construction

and such provisions shall be deemed to apply

to such construction, and

(C) there shall be compliance with regulations the Commissioner shall prescribe designed to assure that no State will reduce its

efforts in providing other vocational rehabilitation services (other than for the establishment of facilities for community rehabilitation programs) because its plan includes such provisions for construction;

(18) Policy planning; trainee participation

provide satisfactory assurances to the Commissioner that the State agency designated

pursuant to paragraph (1) (or each State agency if two are so designated) and any sole local

agency administering the plan in a political

subdivision of the State will take into account, in connection with matters of general

policy arising in the administration of the

plan, the views of individuals and groups

thereof who are recipients of vocational rehabilitation services (or, in appropriate cases,

their parents or guardians), personnel working

in the field of vocational rehabilitation, providers of vocational rehabilitation services,

and the Director of the client assistance program under section 732 of this title;

(19) Amendments; continuing studies and annual evaluation as basis

provide satisfactory assurances to the Commissioner that the continuing studies required

under paragraph (15) of this subsection, as well

as an annual evaluation of the effectiveness of

the program in meeting the goals and priorities set forth in the plan, will form the basis

for the submission, from time to time as the

Commissioner may require, of appropriate

amendments to the plan, and for developing

and updating the strategic plan required under

part C of this subchapter;

(20) Consultation with Indian tribes and tribal

organizations and native Hawaiian organizations; services to American Indians who

are individuals with disabilities

provide satisfactory assurances to the Commissioner that, as appropriate, the State shall

actively consult with Indian tribes and tribal

organizations and native Hawaiian organizations in the development of the State plan,

and that, except as otherwise provided in section 750 of this title, the State shall provide

vocational rehabilitation services to American

Indians who are individuals with disabilities

residing in the State to the same extent as the

State provides such services to other signifi-
§ 721 TITLE 29—LABOR Page 208

cant segments of the population of individuals

with disabilities residing in the State;

(21) Contracts with profitmaking organizations; on-the-job training

provide that the State agency has the authority to enter into contracts with profitmaking

organizations for the purpose of providing onthe-job training and related programs for individuals with disabilities under part B of subchapter VI of this chapter upon a determination by such agency that such profitmaking

organizations are better qualified to provide

such rehabilitation services than nonprofit

agencies and organizations;

(22) Information and referral programs

provide for the establishment and maintenance of information and referral programs

(the staff of which shall include, to the maximum extent feasible, interpreters for individuals who are deaf) in sufficient numbers to assure that individuals with disabilities within

the State are afforded accurate vocational rehabilitation information and appropriate referrals to other Federal and State programs

and activities which would benefit them;

(23) Public meetings; notice and comment; response

(A) provide satisfactory assurances that in the

formulation of policies governing the provision of the rehabilitation services consistent

with the State plan, and any revisions, that

the State agency conducts public meetings

throughout the State, after appropriate and

sufficient notice, to allow interested groups

and organizations and all segments of the public an opportunity to comment on the State

plan before development of the plan by the

State, (B) include a summary of such comments and the State agency’s response to such

comments, and (C) provide satisfactory assurances that the State agency will consult with

the Director of the client assistance program

under section 732 of this title in the formulation of policies governing the provision of vocational rehabilitation services consistent

with the State plan and other revisions;

(24) Goals and public education

contain plans, policies, and procedures to be

followed (including entering into a formal

interagency cooperative agreement, in accordance with paragraph (11)(C)(ii), with education

officials responsible for the provision of a free

appropriate public education to students who

are individuals with disabilities) that are designed to—

(A) facilitate the development and accomplishment of—

(i) long-term rehabilitation goals;

(ii) intermediate rehabilitation objectives; and

(iii) goals and objectives related to enabling a student to live independently before the student leaves a school setting,

to the extent the goals and objectives described in clauses (i) through (iii) are included in an individualized education program of the student, including the specification of plans for coordination with the educational agencies in the provision of transition services;

(B) facilitate the transition from the provision of a free appropriate public education

under the responsibility of an educational

agency to the provision of vocational rehabilitation services under the responsibility

of the designated State unit, including the

specification of plans for coordination with

educational agencies in the provision of

transition services authorized under section

723(a)(14) of this title to an individual, consistent with the individualized written rehabilitation program of the individual; and

(C) provide that such plans, policies, and

procedures will address—

(i) provisions for determining State lead

agencies and qualified personnel responsible for transition services;

(ii) procedures for outreach to and identification of youth in need of such services; and

(iii) a timeframe for evaluation and followup of youth who have received such

services;

(25) Use of supported employment funds

provide assurances satisfactory to the Secretary that the State has an acceptable plan

for carrying out part C of subchapter VI of

this chapter, including the use of funds under

that part to supplement funds under part B of

this subchapter for the cost of services leading

to supported employment;

(26) Manner of providing personal assistance

services

describe the manner in which on-the-job or

other related personal assistance services will

be provided to assist individuals with disabilities while the individuals are receiving vocational rehabilitation services;

(27) Cooperative agreements with private nonprofit vocational rehabilitation service providers

describe the manner in which cooperative

agreements with private nonprofit vocational

rehabilitation service providers will be established;

(28) Identification of needs and utilization of

community rehabilitation programs

identify the needs and utilization of community rehabilitation programs under the Act

commonly known as the Wagner-O’Day Act (41

U.S.C. 46 et seq.);

(29) Choice and control of determining vocational rehabilitation goals and objectives

describe the manner in which individuals with

disabilities will be given choice and increased

control in determining their vocational rehabilitation goals and objectives;

(30) Access to vocational rehabilitation services

describe the manner in which students who are

individuals with disabilities and who are not

in special education programs can access and

receive vocational rehabilitation services,

where appropriate;

(31) Assistive technology devices and services

describe the manner in which assistive technology devices and services will be provided,
Page 209 TITLE 29—LABOR § 721

3So in original. Probably should be ‘‘this’’.

or worksite assessments will be made as part

of the assessment for determining eligibility

and vocational rehabilitation needs of an individual;

(32) Modification of State policies and procedures

describe the manner in which the State will

modify the policies and procedures of the

State based on consumer satisfaction surveys

conducted by the State Rehabilitation Advisory Council or independent commission described in paragraph (36);

(33) Coordination of Statewide Independent

Living Council and independent living centers

provide for coordination and working relationships with the Statewide Independent Living

Council established under section 796d of this

title and independent living centers within the

State;

(34) Strategic plan for expansion and improvement of vocational rehabilitation services

statewide

provide satisfactory assurances to the Commissioner that the State—

(A) has developed and implemented a strategic plan for expanding and improving vocational rehabilitation services for individuals with disabilities on a statewide basis in

accordance with part C of this subchapter;

and

(B) will use at least 1.5 percent of the allotment of the State under section 730 of

this title for the uses described in section 743

of this title;

(35) Evaluation of performance of rehabilitation personnel

(A) describe how the system for evaluating

the performance of rehabilitation counselors,

coordinators, and other personnel used in the

State facilitates the accomplishment of the

purpose and policy of this subchapter, including the policy of serving, among others, individuals with the most severe disabilities; and

(B) provide satisfactory assurances that the

system in no way impedes such accomplishment; and

(36) State Rehabilitation Advisory Council; designated State agencies

provide satisfactory assurances to the Commissioner that—

(A)(i) the State has established a State Rehabilitation Advisory Council that meets

the criteria set forth in section 725 of this

title;

(ii) the designated State agency and the

designated State unit seek and seriously

consider on a regular and ongoing basis advice from the Council regarding the development and implementation of the State plan

and the strategic plan and amendments to

the plans, and other policies and procedures

of general applicability pertaining to the

provision of vocational rehabilitation services in the State;

(iii) the designated State agency includes,

in its State plan or an amendment to the

plan, a summary of advice provided by the

Council, including recommendations from

the annual report of the Council, the survey

of consumer satisfaction, and other reports

prepared by the Council, and the response of

the designated State agency to such advice

and recommendations (including explanations with respect to advice and recommendations that were rejected); and

(iv) the designated State unit transmits to

the Council—

(I) all plans, reports, and other information required under the 3 chapter to be submitted to the Commissioner;

(II) all policies, practices, and procedures

of general applicability provided to or used

by rehabilitation personnel; and

(III) copies of due process hearing decisions, which shall be transmitted in such a

manner as to preserve the confidentiality

of the participants in the hearings;

(B) an independent commission—

(i) is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the

State;

(ii) is consumer-controlled by persons

who—

(I) are individuals with physical or

mental impairments that substantially

limit major life activities; and

(II) represent individuals with a broad

range of disabilities;

(iii) includes individuals representing

family members, advocates, and authorized representatives of individuals with

mental impairments; and

(iv) undertakes the function set forth in

section 725(c)(3) of this title; or

(C) in the case of a State that, under subsection (a)(1)(A)(i) of this section, designates

a State agency to administer the part of the

State plan under which vocational rehabilitation services are provided for individuals

who are blind and designates a separate

State agency to administer the remainder of

the State plan—

(i) an independent commission is responsible under State law for operating, or

overseeing the operation of, the vocational

rehabilitation programs of both such agencies and meets the requirements of clauses

(ii) and (iv) of subparagraph (B);

(ii)(I) an independent commission is responsible under State law for operating, or

overseeing the operation of, the vocational

rehabilitation program in the State for individuals who are blind, is consumer-controlled by and represents individuals who

are blind, and undertakes the function set

forth in section 725(c)(3) of this title; and

(II) an independent commission is responsible under State law for operating, or

overseeing the operation of, the vocational

rehabilitation program in the State for all

individuals with disabilities except for individuals who are blind and meets the requirements of clauses (ii) and (iv) of subparagraph (B); or
§ 721 TITLE 29—LABOR Page 210

(iii)(I) an independent commission is responsible under State law for operating, or

overseeing the operation of, the vocational

rehabilitation program in the State for individuals who are blind, is consumer-controlled by and represents individuals who

are blind, and undertakes the function set

forth in section 725(c)(3) of this title; and

(II) the State has established a State Rehabilitation Advisory Council that meets

the criteria set forth in section 725 of this

title and carries out the duties of such a

Council with respect to functions for, and

services provided to, individuals with disabilities except for individuals who are

blind.

(b) Approval or disapproval by Commissioner;

notice and hearing

The Commissioner shall approve any plan

which the Commissioner finds fulfills the conditions specified in subsection (a) of this section,

and shall disapprove any plan which does not

fulfill such conditions. Prior to such disapproval, the Commissioner shall notify a State

of the intention to disapprove its plan, and shall

afford such State reasonable notice and opportunity for hearing.

(Pub. L. 93–112, title I, §101, Sept. 26, 1973, 87

Stat. 363; Pub. L. 93–516, title I, §111(b)–(d), Dec.

7, 1974, 88 Stat. 1619, 1620; Pub. L. 93–651, title I,

§111(b)–(d), Nov. 21, 1974, 89 Stat. 2–5; Pub. L.

95–602, title I, §§102, 122(b)(1), Nov. 6, 1978, 92

Stat. 2957, 2987; Pub. L. 98–221, title I, §104(a)(2),

Feb. 22, 1984, 98 Stat. 18; Pub. L. 98–524, §4(f),

Oct. 19, 1984, 98 Stat. 2489; Pub. L. 99–506, title I,

§103(d)(2), title II, §202, title X, §1001(b)(1)–(4),

Oct. 21, 1986, 100 Stat. 1810, 1814, 1841, 1842; Pub.

L. 100–630, title II, §202(b), Nov. 7, 1988, 102 Stat.

3304; Pub. L. 102–54, §13(k)(1)(A), June 13, 1991,

105 Stat. 276; Pub. L. 102–119, §26(e), Oct. 7, 1991,

105 Stat. 607; Pub. L. 102–569, title I, §§102(o),

(p)(7), 122, Oct. 29, 1992, 106 Stat. 4355, 4356, 4367;

Pub. L. 103–73, title I, §§102(2), 107(a), Aug. 11,

1993, 107 Stat. 718, 719; Pub. L. 104–106, div. D,

title XLIII, §4321(i)(7), Feb. 10, 1996, 110 Stat.

676.)

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in subsec. (a), is title VI of Pub. L. 91–230, Apr.

13, 1970, 84 Stat. 175, as amended, which is classified

generally to chapter 33 (§1400 et seq.) of Title 20, Education. Part B of the Act is classified generally to subchapter II (§1411 et seq.) of chapter 33 of Title 20. For

complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, referred to in subsec.

(a)(6)(B), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, as

amended, which is classified generally to chapter 51

(§4151 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 4151 of

Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred

to in subsec. (a)(6)(B), 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.

The Rehabilitation Act Amendments of 1992, referred

to in subsec. (a)(7)(A)(v)(II), 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 and Tables.

Paragraph (9)(C) of this subsection, referred to in subsec. (a)(15)(C), was redesignated paragraph (9)(D) of this

subsection by Pub. L. 102–569, title I, §122(g)(1), Oct. 29,

1992, 106 Stat. 4370.

The Carl D. Perkins Vocational and Applied Technology Education Act, referred to in subsec. (a)(11)(A),

is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended,

which is classified generally to chapter 44 (§2301 et seq.)

of Title 20, Education. For complete classification of

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

section 2301 of Title 20 and Tables.

The Javits-Wagner-O’Day Act and the Wagner-O’Day

Act, referred to in subsec. (a)(11)(A), (28), is act June 25,

1938, ch. 697, 52 Stat. 1196, as amended, which is classified to sections 46 to 48c of Title 41, Public Contracts.

For complete classification of this Act to the Code, see

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 35, 41c, and 42–1 of this title.

AMENDMENTS

1996—Subsec. (a)(11)(A). Pub. L. 104–106 substituted

‘‘the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)’’ for

‘‘the Act entitled ‘An Act to create a Committee on

Purchases of Blind-made Products, and for other purposes’, approved June 25, 1938 (commonly known as the

Wagner-O’Day Act; 41 U.S.C. 46 et seq.)’’.

1993—Subsec. (a)(10)(A). Pub. L. 103–73, §107(a)(1), substituted ‘‘described in subparagraph (D)’’ for ‘‘described

in subparagraph (C)’’.

Subsec. (a)(13)(B). Pub. L. 103–73, §102(2), made technical correction to Pub. L. 102–569, §102(p)(7)(E). See

1992 Amendment note below.

Subsec. (a)(32). Pub. L. 103–73, §107(a)(2), inserted ‘‘or

independent commission described in paragraph (36)’’

after ‘‘Council’’.

Subsec. (a)(34)(B). Pub. L. 103–73, §107(a)(3), substituted ‘‘section 730 of this title’’ for ‘‘part B of this

subchapter’’.

Subsec. (a)(36)(B)(i). Pub. L. 103–73, §107(a)(4)(A),

amended cl. (i) generally. Prior to amendment, cl. (i)

read as follows: ‘‘is responsible under State law for

overseeing the operation of the designated State agency;’’.

Subsec. (a)(36)(C)(i). Pub. L. 103–73, §107(a)(4)(B)(i),

amended cl. (i) generally. Prior to amendment, cl. (i)

read as follows: ‘‘an independent commission is responsible under State law for overseeing both such agencies

and meets the requirements of subparagraph (B)(ii);

or’’.

Subsec. (a)(36)(C)(ii), (iii). Pub. L. 103–73,

§107(a)(4)(B)(ii), added cls. (ii) and (iii) and struck out

former cl. (ii) which read as follows:

‘‘(I) an independent commission is responsible under

State law for overseeing the first agency described in

this subparagraph and meets the requirements of subparagraph (B)(ii); and

‘‘(II) an independent commission is responsible under

State law for overseeing the second State agency described in this subparagraph and is required by such

State law to be consumer-controlled by individuals who

are blind and to represent individuals who are blind.’’

1992—Subsec. (a). Pub. L. 102–569, §122(a), substituted

‘‘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
Page 211 TITLE 29—LABOR § 721

this subchapter, a State, upon the request of the Commissioner, shall make such annual revisions in the plan

as may be necessary.’’ for ‘‘for a three-year period and,

upon request of the Commissioner, shall make such annual revisions in the plan as may be necessary.’’

Subsec. (a)(1)(A). Pub. L. 102–569, §122(b), struck out

‘‘and’’ at end of cl. (i) and inserted ‘‘, and’’ and cl. (iii)

before semicolon at end.

Pub. L. 102–569, §102(o)(1), (p)(7)(A)(i), (ii), in cl. (i),

substituted ‘‘individuals who are blind’’ for ‘‘the blind’’

in two places and ‘‘adults who are blind’’ for ‘‘the adult

blind’’ and in cl. (ii), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’ and ‘‘paragraph (4)’’ for ‘‘clause (4)’’.

Subsec. (a)(1)(B). Pub. L. 102–569, §102(o)(1), (2),

(p)(7)(A)(i), (iii), substituted ‘‘subparagraph (A) of this

paragraph’’ for ‘‘subclause (A) of this clause’’, ‘‘individuals who are blind’’ for ‘‘the blind’’, and ‘‘individuals

with disabilities’’ for ‘‘individuals with handicaps’’.

Subsec. (a)(2). Pub. L. 102–569, §102(o)(1), (p)(7)(B), (C),

in introductory provisions, substituted ‘‘paragraph’’ for

‘‘clause’’ in subpar. (A), substituted ‘‘individuals with

disabilities’’ for ‘‘individuals with handicaps’’, and in

subpar. (B), substituted ‘‘paragraph’’ for ‘‘clause’’ wherever appearing and ‘‘individuals who are blind’’ for ‘‘the

blind’’.

Subsec. (a)(4). Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’ in two places.

Subsec. (a)(5)(A). Pub. L. 102–569, §122(c)(1), substituted ‘‘community rehabilitation programs to the

maximum extent feasible, an explanation of the methods by which the State will provide vocational rehabilitation services to all individuals with disabilities within the State who are eligible for such services,’’ for ‘‘existing rehabilitation facilities to the maximum extent

feasible;’’ and in cl. (ii), inserted ‘‘in accordance with

criteria established by the State,’’ before ‘‘and shall be

consistent’’.

Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’ wherever appearing.

Subsec. (a)(5)(B). Pub. L. 102–569, §122(c)(2), inserted

before semicolon at end ‘‘, including the use of funds

under part C of subchapter VI of this chapter to supplement funds under part B of this subchapter to pay for

the cost of services leading to supported employment’’.

Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (a)(5)(C). Pub. L. 102–569, §122(c)(3), added subpar. (C) and struck out former subpar. (C) which read as

follows: ‘‘describe how rehabilitation engineering services will be provided to assist an increasing number of

individuals with disabilities;’’.

Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (a)(6)(A). Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (a)(6)(B). Pub. L. 102–569, §122(d), inserted before semicolon at end ‘‘, with section 794 of this title,

and with the Americans with Disabilities Act of 1990’’.

Subsec. (a)(7). Pub. L. 102–569, §122(e), amended par.

(7) generally. Prior to amendment, par. (7) read as follows: ‘‘contain (A) provisions relating to the establishment and maintenance of personnel standards, which

are consistent with any State licensure laws and regulations, including provisions relating to the tenure, selection, appointment, and qualifications of personnel,

(B) provisions relating to the establishment and maintenance of minimum standards governing the facilities

and qualified personnel utilized therein the provision of

vocational rehabilitation services, but the Commissioner shall exercise no authority with respect to the

selection, method of selection, tenure of office, or compensation of any individual employed in accordance

with such provision, and (C) provisions relating to the

establishment and maintenance of minimum standards

to assure the availability of personnel, to the maximum extent feasible, trained to communicate in the

client’s native language or mode of communication;’’.

Subsec. (a)(8). Pub. L. 102–569, §122(f), substituted ‘‘except that such a determination shall not be required—

’’ and subpars. (A) and (B) for ‘‘except that such determinations shall not be required where it would delay

the provision of such services to any individual at extreme medical risk;’’.

Pub. L. 102–569, §102(o)(1), (3), substituted ‘‘paragraphs’’ for ‘‘clauses’’ and ‘‘paragraph’’ for ‘‘clause’’.

Subsec. (a)(9). Pub. L. 102–569, §122(g), added subpar.

(A), redesignated former subpars. (A) to (C) as (B) to

(D), respectively, realigned margins, and substituted a

semicolon for the comma at end of subpars. (B) and (C).

Pub. L. 102–569, §102(p)(7)(D), substituted ‘‘a disability’’ for ‘‘handicaps’’ in cl. (A).

Subsec. (a)(10). Pub. L. 102–569, §122(h), designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 102–569, §102(o)(1), (2), (p)(7)(C), substituted

‘‘subparagraph’’ for ‘‘subclause’’, ‘‘paragraph’’ for

‘‘clause’’ in two places, and ‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (a)(11). Pub. L. 102–569, §122(i), designated existing provisions as subpar. (A), substituted ‘‘provide

for interagency cooperation’’ for ‘‘provide for entering

into cooperative arrangements’’ and ‘‘(20 U.S.C. 1400 et

seq.), the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.), and the

Act entitled ‘An Act to create a Committee on Purchases of Blind-made Products, and for other purposes’,

approved June 25, 1938 (commonly known as the Wagner-O’Day Act; 41 U.S.C. 46 et seq.);’’ for ‘‘, and the Carl

D. Perkins Vocational Education Act);’’, and added subpars. (C) and (D).

Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’ in two places.

Subsec. (a)(12)(A). Pub. L. 102–569, §122(j)(1), substituted ‘‘programs’’ for ‘‘facilities’’.

Subsec. (a)(12)(B). Pub. L. 102–569, §122(j)(2), substituted ‘‘community rehabilitation programs’’ for ‘‘rehabilitation facilities’’.

Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (a)(13)(B). Pub. L. 102–569, §102(p)(7)(E), as

amended by Pub. L. 103–73, §102(2), substituted ‘‘with a

disability whose disability was sustained’’ for ‘‘with

handicaps whose handicapping condition arises from a

disability sustained’’.

Subsec. (a)(15). Pub. L. 102–569, §122(k)(1), inserted

par. designation ‘‘(15)’’.

Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’ in introductory provisions.

Subsec. (a)(15)(A). Pub. L. 102–569, §122(k)(2)(A),

struck out ‘‘conducting’’ before ‘‘a full needs assessment’’.

Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (a)(15)(B). Pub. L. 102–569, §122(k)(2)(B), substituted ‘‘capacity and effectiveness of community rehabilitation programs, plans for improving such programs,’’ for ‘‘capacity and condition of rehabilitation

facilities, plans for improving such facilities,’’ and

struck out ‘‘and’’ at end.

Subsec. (a)(15)(C). Pub. L. 102–569, §122(k)(2)(C), inserted ‘‘and’’ at end.

Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’ in two places.

Subsec. (a)(15)(D). Pub. L. 102–569, §122(k)(2)(D), added

subpar. (D).

Subsec. (a)(16). Pub. L. 102–569, §122(l), amended par.

(16) generally. Prior to amendment, par. (16) read as follows: ‘‘provide for (A) periodic review and reevaluation

of the status of individuals with handicaps placed in extended employment in rehabilitation facilities (including workshops) to determine the feasibility of their employment, or training for employment, in the competitive labor market, and (B) maximum efforts to place

such individuals in such employment or training whenever it is determined to be feasible;’’.

Subsec. (a)(17). Pub. L. 102–569, §122(m)(1), in introductory provisions, substituted ‘‘if, under special circumstances, the State plan includes provisions for the

construction of facilities for community rehabilitation

programs’’ for ‘‘where such State plan includes provisions for the construction of rehabilitation facilities’’.
§ 721 TITLE 29—LABOR Page 212

Subsec. (a)(17)(C). Pub. L. 102–569, §122(m)(2), substituted ‘‘facilities for community rehabilitation programs’’ for ‘‘rehabilitation facilities’’.

Subsec. (a)(18). Pub. L. 102–569, §122(n), substituted

‘‘providers of vocational rehabilitation services, and

the Director of the client assistance program under section 732 of this title’’ for ‘‘and providers of vocational

rehabilitation services’’.

Pub. L. 102–569, §102(o)(1), substituted ‘‘paragraph’’

for ‘‘clause’’.

Subsec. (a)(19). Pub. L. 102–569, §122(o), inserted

‘‘, and for developing and updating the strategic plan

required under part C of this subchapter’’ before semicolon at end.

Pub. L. 102–569, §102(o)(1), substituted ‘‘paragraph’’

for ‘‘clause’’.

Subsec. (a)(20). Pub. L. 102–569, §102(p)(7)(F), substituted ‘‘American Indians who are individuals with

disabilities’’ for ‘‘American Indians with handicaps’’

and ‘‘individuals with disabilities’’ for ‘‘individuals

with handicaps’’.

Subsec. (a)(21). Pub. L. 102–569, §102(p)(7)(C), substituted ‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (a)(22). Pub. L. 102–569, §102(p)(7)(G), substituted ‘‘individuals who are deaf’’ for ‘‘the deaf’’ and

‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (a)(23). Pub. L. 102–569, §122(p), inserted ‘‘before development of the plan by the State’’ after ‘‘comment on the State plan’’, struck out ‘‘and’’ before

‘‘(B)’’, and inserted before semicolon ‘‘, and’’ and subpar. (C).

Subsec. (a)(24). Pub. L. 102–569, §122(q), amended par.

(24) generally. Prior to amendment, par. (24) read as

follows: ‘‘contain the plans, policies, and methods to be

followed to assist in the transition from education to

employment related activities; and’’.

Subsec. (a)(25). Pub. L. 102–569, §122(r), amended par.

(25) generally. Prior to amendment, par. (25) read as

follows: ‘‘provide satisfactory assurances that the

State has an acceptable plan for part C of subchapter

VI of this chapter.’’

Subsec. (a)(26) to (36). Pub. L. 102–569, §122(s), added

pars. (26) to (36).

Subsecs. (c), (d). Pub. L. 102–569, §122(t), struck out

subsec. (c) which provided for payment limitations in

cases of noncompliance and disbursement of withheld

funds and subsec. (d) which provided for judicial review,

additional submissions and presentations, new or modified determinations by the Commissioner, relief, and

scope of review. See section 727(c) and (d) of this title.

1991—Subsec. (a)(11). Pub. L. 102–119 substituted ‘‘Individuals with Disabilities Education Act’’ for ‘‘Education of the Handicapped Act’’.

Pub. L. 102–54 substituted ‘‘Department of Veterans

Affairs’’ for ‘‘Veterans’ Administration’’.

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

inserted comma after ‘‘where’’ and after ‘‘law’’ and

struck out comma after ‘‘adult blind’’.

Subsec. (a)(4). Pub. L. 100–630, §202(b)(2), substituted

‘‘prescribed by the Commissioner’’ for ‘‘prescribed by

him’’.

Subsec. (a)(5)(A). Pub. L. 100–630, §202(b)(3)–(5), in introductory provisions, substituted ‘‘individuals with

the most severe handicaps,’’ for ‘‘individuals with

handicaps with the most severe handicaps’’, in cl. (i),

substituted ‘‘provided,, and’’ for ‘‘provided, and’’, and

in cl. (ii), substituted ‘‘goals,, and’’ for ‘‘goals, and’’.

Subsec. (a)(7)(B). Pub. L. 100–630, §202(b)(6), substituted ‘‘utilized therein’’ for ‘‘utilized in’’.

Subsec. (a)(9)(C). Pub. L. 100–630, §202(b)(7), substituted ‘‘the Commissioner to analyze’’ for ‘‘him to

analyze’’ and ‘‘the Commissioner’s responsibilities’’ for

‘‘his responsibilities’’.

Subsec. (a)(13)(A). Pub. L. 100–630, §202(b)(8), inserted

‘‘who is’’ before ‘‘disabled’’ and substituted ‘‘the employee’s’’ for ‘‘his’’.

Subsec. (a)(13)(B). Pub. L. 100–630, §202(b)(9), substituted ‘‘if the proximate cause’’ for ‘‘and the proximate cause’’.

Subsec. (a)(15). Pub. L. 100–630, §202(b)(10), amended

par. (15) generally, substituting new text without a par.

designation. Prior to amendment, par. (15) read as follows: ‘‘provide for continuing statewide studies of the

needs of individuals with handicaps and how these

needs may be most effectively met, including conducting a full needs assessment for serving individuals with

severe handicaps and including the capacity and condition of rehabilitation facilities, plans for improving

such facilities, and policies for the use thereof by the

State agency and review of the efficacy of the criteria

employed with respect to ineligibility determinations

described in subclause (C) of clause (9) of this subsection with a view toward the relative need for services to significant segments of the population of individuals with handicaps and the need for expansion of

services to those individuals with the most severe

handicaps;’’.

Subsec. (a)(20). Pub. L. 100–630, §202(b)(11), substituted

‘‘American Indians with handicaps’’ for ‘‘handicapped

American Indians’’.

1986—Subsec. (a)(1), (2)(A), (4). Pub. L. 99–506,

§103(d)(2)(C), substituted ‘‘individuals with handicaps’’

for ‘‘handicapped individuals’’ wherever appearing.

Subsec. (a)(5)(A). Pub. L. 99–506, §§103(d)(2)(C),

202(a)(1)(A), (B), inserted ‘‘the results of a comprehensive, Statewide assessment of the rehabilitation needs

of individuals with severe handicaps residing within the

State and the State’s response to the assessment,’’

after ‘‘including’’, substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing, and inserted ‘‘including individuals served under

part C of subchapter VI of this chapter’’.

Subsec. (a)(5)(A)(i). Pub. L. 99–506, §202(a)(1)(C), substituted ‘‘(i) show and provide the justification for’’ for

‘‘show (i)’’.

Subsec. (a)(5)(A)(ii). Pub. L. 99–506, §§103(d)(2)(C),

202(a)(1)(D), inserted ‘‘show’’ after ‘‘(ii)’’ and substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (a)(5)(C). Pub. L. 99–506, §202(a)(2), added subpar. (C).

Subsec. (a)(6)(A). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (a)(7)(B). Pub. L. 99–506, §202(b), inserted

‘‘qualified’’ after ‘‘facilities and’’.

Subsec. (a)(8). Pub. L. 99–506, §202(c), amended par. (8)

generally. Prior to amendment, par. (8) read as follows:

‘‘provide, at a minimum, for the provision of the vocational rehabilitation services specified in clauses (1)

through (3) of subsection (a) of section 723 of this title,

and the remainder of such services specified in such

section after full consideration of eligibility for similar

benefits under any other program, except that, in the

case of the vocational rehabilitation services specified

in clauses (4) and (5) of subsection (a) of such section,

such consideration shall not be required where it would

delay the provision of such services to any individual;’’.

Subsec. (a)(9)(A). Pub. L. 99–506, §103(d)(2)(B), substituted ‘‘individual with handicaps’’ for ‘‘handicapped

individual’’.

Subsec. (a)(10). Pub. L. 99–506, §103(d)(2)(C), 1001(b)(1),

substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’, ‘‘to carry out the functions of the

Commissioner’’ for ‘‘to carry out his functions’’, and

‘‘such provisions as are necessary’’ for ‘‘such provisions

as he may find necessary’’.

Subsec. (a)(11). Pub. L. 99–506, §§103(d)(2)(C), 202(d),

substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing, and inserted

‘‘community mental health programs,’’ after ‘‘veterans

programs,’’.

Subsec. (a)(12)(B). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (a)(13)(B). Pub. L. 99–506, §103(d)(2)(A), substituted ‘‘an individual with handicaps’’ for ‘‘a handicapped individual’’.

Subsec. (a)(15). Pub. L. 99–506, §§103(d)(2)(C), 202(e),

substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing, and inserted
Page 213 TITLE 29—LABOR § 721

‘‘, including conducting a full needs assessment for

serving individuals with severe handicaps and’’ after

‘‘effectively met’’ and struck out opening and closing

parentheses before ‘‘including the capacity’’ and after

‘‘by the State agency’’, respectively.

Subsec. (a)(16)(A). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (a)(20). Pub. L. 99–506, §§103(d)(2)(C), 202(f), inserted provisions relating to consultation with Indian

tribes and tribal organizations and native Hawaiian organizations in the development of the State plan and

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

Subsec. (a)(21), (22). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (a)(23) to (25). Pub. L. 99–506, §202(g), (h),

added pars. (23) to (25).

Subsec. (b). Pub. L. 99–506, §1001(b)(2), substituted

‘‘which the Commissioner finds’’ for ‘‘which he finds’’,

‘‘and shall disapprove’’ for ‘‘and he shall disapprove’’,

and ‘‘notify a State of the intention to disapprove its

plan, and shall afford’’ for ‘‘notify a State of his intention to disapprove its plan, and he shall afford’’.

Subsec. (c)(1). Pub. L. 99–506, §1001(b)(3), in provisions

following lettered subpar. (B), substituted ‘‘(or, in the

discretion of the Commissioner’’ for ‘‘(or, in his discretion’’, ‘‘until the Commissioner is satisfied’’ for ‘‘until

he is satisfied’’, and ‘‘Until the Commissioner is’’ for

‘‘Until he is’’.

Subsec. (d)(1). Pub. L. 99–506, §1001(b)(4), substituted

‘‘designated by the Commissioner for that purpose’’ for

‘‘designated by him for that purpose’’ and ‘‘on which

the Commissioner based’’ for ‘‘on which he based’’.

1984—Subsec. (a)(11). Pub. L. 98–524 substituted ‘‘the

Carl D. Perkins Vocational Education Act’’ for ‘‘the

Vocational Education Act’’.

Pub. L. 98–221 substituted ‘‘Department of Health and

Human Services’’ for ‘‘Department of Health, Education, and Welfare’’.

1978—Subsec. (a). Pub. L. 95–602, §102(a)(1), substituted in introductory text, provision requiring a

State to submit to the Commissioner a plan for a three

year period and upon request to make annual revisions

for provision requiring a State to submit to the Secretary an annual plan.

Subsec. (a)(1)(A), (4). Pub. L. 95–602, §122(b)(1), substituted ‘‘Commissioner’’ for ‘‘Secretary’’ wherever appearing.

Subsec. (a)(5)(A). Pub. L. 95–602, §§102(a)(2), 122(b)(1),

inserted provision requiring a description of the method to be used to utilize existing facilities to the maximum extent feasible and substituted ‘‘Commissioner’’

for ‘‘Secretary’’.

Subsec. (a)(5)(B). Pub. L. 95–602, §122(b)(1), substituted

‘‘Commissioner’’ for ‘‘Secretary’’.

Subsec. (a)(6). Pub. L. 95–602, §§102(a)(3), 122(b)(1), designated existing provision as subpar. (A), substituted

‘‘Commissioner’’ for ‘‘Secretary’’, and added subpar.

(B).

Subsec. (a)(7). Pub. L. 95–602, §§102(a)(4), 122(b)(1), substituted in cl. (B), ‘‘Commissioner’’ for ‘‘Secretary’’ and

added cl. (C).

Subsec. (a)(9). Pub. L. 95–602, §§102(a)(5), 122(b)(1), substituted in cl. (C), ‘‘section 712 of this title’’ for ‘‘section 781 of this title’’ and ‘‘Commissioner’’ for ‘‘Secretary’’ wherever appearing.

Subsec. (a)(10). Pub. L. 95–602, §122(b)(1), substituted

‘‘Commissioner’’ for ‘‘Secretary’’.

Subsec. (a)(11). Pub. L. 95–602, §102(a)(6), inserted

‘‘(specifically including arrangements for the coordination of services to individuals eligible for services

under this chapter, the Education of the Handicapped

Act, and the Vocational Education Act)’’ after ‘‘handicapped individuals’’.

Subsec. (a)(12). Pub. L. 95–602, §§102(a)(7), 122(b)(1),

designated existing provision as subpar. (A), substituted ‘‘Commissioner’’ for ‘‘Secretary’’, and added

subpar. (B).

Subsec. (a)(15). Pub. L. 95–602, §102(a)(8), substituted

‘‘(including the capacity and condition of rehabilitation facilities, plans for improving such facilities, and

policies for the use thereof by the State agency)’’ for

‘‘(including the State’s needs for rehabilitation facilities)’’.

Subsec. (a)(17)(C). Pub. L. 95–602, §122(b)(1), substituted ‘‘Commissioner’’ for ‘‘Secretary’’.

Subsec. (a)(18). Pub. L. 95–602, §§102(a)(9), 122(b)(1),

substituted ‘‘Commissioner’’ for ‘‘Secretary’’ and inserted ‘‘personnel’’ before ‘‘working in the field’’.

Subsec. (a)(19). Pub. L. 95–602, §§102(a)(10), 122(b)(1),

substituted ‘‘Commissioner’’ for ‘‘Secretary’’ in two

places.

Subsec. (a)(20) to (22). Pub. L. 95–602, §102(a)(11), added

pars. (20) to (22).

Subsec. (b). Pub. L. 95–602, §122(b)(1), substituted

‘‘Commissioner’’ for ‘‘Secretary’’ wherever appearing.

Subsec. (c). Pub. L. 95–602, §§102(b), 122(b)(1), designated existing provision as par. (1), and in par. (1) as

so designated, redesignated pars. (1) and (2) as subpars.

(A) and (B), respectively, added par. (2), and substituted

‘‘Commissioner’’ for ‘‘Secretary’’ wherever appearing.

Subsec. (d). Pub. L. 95–602, §102(c), substituted provisions authorizing judicial review of determinations by

the Commissioner in the Court of Appeals for the circuit in which the State is located provided a petition is

filed within thirty days after the date notice of the

final determination was received by the State, permitting additional submissions and presentations, and

granting the court jurisdiction to administer appropriate relief in accordance with chapter 7 of title 5, except with respect to interim relief for a determination

under subsec. (c) and to the standard of relief under

section 706(2)(E) of title 5 for provisions authorizing judicial review of the action of the Secretary in the

United States district court for the district where the

capital of the State is located and providing review of

such action be on the record in accordance with chapter 7 of title 5.

1974—Subsec. (a)(6). Pub. L. 93–516, §111(b), inserted

parenthetical provisions relating to the requirement

that the State take affirmative action to employ and

advance in employment qualified handicapped individuals covered under, and on the same terms and conditions as set forth in section 793 of this title.

Pub. L. 93–651, §111(b), amended subsec. (a)(6) in exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (a)(9). Pub. L. 93–516, §111(c), in par. (C), inserted provisions that the records be in such detail as

required by the Secretary in order for him to analyze

and evaluate annually the reasons for and numbers of

such ineligibility determinations as part of his responsibilities under section 781 of this title, and that the

state agency will at least annually categorize and analyze such reasons and numbers and report this information to the Secretary and will, not later than 12 months

after each such determination, review each such ineligibility determination in accordance with the criteria

set forth in section 722 of this title.

Pub. L. 93–651, §111(c), amended subsec. (a)(9) in exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (a)(15). Pub. L. 93–516, §111(d), substituted

‘‘needs for rehabilitation facilities and review of the efficacy of the criteria employed with respect to ineligibility determinations described in subclause (C) of

clause (9) of this subsection’’ for ‘‘needs for rehabilitation.’’

Pub. L. 93–651, §111(d), amended subsec. (a)(15) in exactly the same manner as it was amended by Pub. L.

93–516.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by

Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set

out as a note under section 251 of Title 41, Public Contracts.
§ 722 TITLE 29—LABOR Page 214

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 122 of Pub. L. 102–569 to be implemented by Secretary of Education as soon as practicable after Oct. 29, 1992, consistent with effective and

efficient administration of this chapter, but not later

than Oct. 1, 1993, see section 138(b) of Pub. L. 102–569,

set out as a note under section 701 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98–524 effective for fiscal

years beginning on or after Oct. 1, 1984, except as otherwise provided, see section 2 of Pub. L. 98–524, set out as

an Effective Date note under section 2301 of Title 20,

Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 706, 709, 711,

720, 722, 723, 725, 727, 730, 731, 740, 744, 762, 772, 776, 777b,

777e, 795, 795n, 795p, 796d–1, 796k, 797a, 2212 of this title;

title 20 section 107a.

§ 722. Individualized written rehabilitation program

(a) Eligibility

(1) An individual is eligible for assistance

under this subchapter if the individual—

(A) is an individual with a disability under

section 706(8)(A) of this title; and

(B) requires vocational rehabilitation services to prepare for, enter, engage in, or retain

gainful employment.

(2) An individual who has a disability or is

blind as determined pursuant to title II or title

XVI of the Social Security Act (42 U.S.C. 401 et

seq. and 1381 et seq.) shall be considered to

have—

(A) a physical or mental impairment which

for such individual constitutes or results in a

substantial impediment to employment under

section 706(8)(A)(i) of this title; and

(B) a severe physical or mental impairment

which seriously limits one or more functional

capacities in terms of an employment outcome

under section 706(15)(A)(i) of this title.

(3) Determinations made by officials of other

agencies, particularly the education officials described in section 721(a)(24) of this title, regarding whether an individual satisfies one or more

factors relating to whether an individual is an

individual with a disability under section

706(8)(A) of this title or an individual with a severe disability under section 706(15)(A) of this

title, shall be used (to the extent appropriate

and available and consistent with the requirements under this chapter) for making such determinations under this chapter.

(4)(A) It shall be presumed that an individual

can benefit in terms of an employment outcome

from vocational rehabilitation services under

section 706(8)(A)(ii) of this title, unless the designated State unit can demonstrate by clear and

convincing evidence that such individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome.

(B) In making the demonstration required

under subparagraph (A) with respect to cases in

which the issue concerns the severity of the disability of an individual, the designated State

unit shall first conduct an extended evaluation

by providing the services described in subparagraph (C)(iii)(I), and conducting the assessment

described in subparagraph (C)(iii)(II), of section

706(22) of this title.

(5)(A) The designated State unit shall determine whether an individual is eligible for vocational rehabilitation services under this subchapter within a reasonable period of time, not

to exceed 60 days after the individual has submitted an application to receive the services unless—

(i) the designated State unit notifies the individual that exceptional and unforeseen circumstances beyond the control of the agency

preclude the agency from completing the determination within the prescribed time and

the individual agrees that an extension of

time is warranted; or

(ii) such an extended evaluation is required.

(B) The determination of eligibility shall be

based on the review of existing data described in

section 706(22)(A)(i) of this title, and, to the extent necessary, the preliminary assessment described in section 706(22)(A)(ii) of this title.

(6) The designated State unit shall ensure that

a determination of ineligibility made with respect to an individual prior to the initiation of

an individualized written rehabilitation program, based on the review, and to the extent

necessary, the preliminary assessment, shall include specification of—

(A) the reasons for such a determination;

(B) the rights and remedies available to the

individual, including, if appropriate, recourse

to the processes set forth in subsections (b)(2)

and (d) of this section; and

(C) the availability of services provided by

the client assistance program under section

732 of this title to the individual.

(b) Development and scope of program; annual

review; joint redevelopment and agreement

of terms; revision as needed

(1)(A) As soon as a determination has been

made that an individual is eligible for vocational rehabilitation services, the designated

State unit shall complete an assessment for determining eligibility and vocational rehabilitation needs described in subparagraphs (B) and

(C) of section 706(22) of this title (if such assessment is necessary) and ensure that—

(i) an individualized written rehabilitation

program is jointly developed, agreed upon, and

signed by—

(I) such eligible individual (or, in an appropriate case, a parent, a family member, a

guardian, an advocate, or an authorized representative, of such individual); and

(II) the vocational rehabilitation counselor

or coordinator; and

(ii) such program meets the requirements

set forth in subparagraph (B).

(B) Each individualized written rehabilitation

program shall—

(i) be designed to achieve the employment

objective of the individual, consistent with the

unique strengths, resources, priorities, concerns, abilities, and capabilities, of the individual;

(ii) include a statement of the long-term rehabilitation goals based on the assessment for