§ 795a TITLE 29—LABOR Page 296

1So in original. Probably should be capitalized. 1So in original. Probably should be ‘‘Rehabilitation’’.

such project in accordance with regulations

prescribed by the Secretary.

(L) Such project will provide appropriate

placement services for employees under the

project to assist them in locating unsubsidized

employment when the Federal assistance for

the project terminates.

(2) The rate of pay referred to in subparagraph

(I) of paragraph (1) is the highest of the following:

(A) the 1 prevailing rate of pay for persons

employed in similar occupations by the same

employer.

(B) The minimum wage which would be applicable to the employee under the Fair Labor

Standards Act of 1938 [29 U.S.C. 201 et seq.] if

such employee were not exempt from such Act

under section 13 thereof [29 U.S.C. 213].

(C) The State or local minimum wage for the

most nearly comparable covered employment.

The Department of Labor shall not issue any

certificate of exemption under section 14(c) of

the Fair Labor Standards Act of 1938 [29 U.S.C.

214(c)] with respect to any person employed in a

project under this section.

(c) Cost payments; non-Federal share

(1) The Secretary may pay not to exceed 90

percent of the cost of any project which is the

subject of an agreement entered into under subsection (b) of this section. Notwithstanding the

preceding sentence, the Secretary may pay all of

the costs of any such project which is (A) an

emergency or disaster project, or (B) a project

located in an economically depressed area, as

determined by the Secretary in consultation

with the Secretary of Commerce and the Director of the Community Services Administration.

(2) The non-Federal share of any project under

this part may be in cash or in kind. In determining the amount of the non-Federal share, the

Secretary may attribute fair market value to

services and facilities contributed from nonFederal sources.

(d) Method of payments

Payments under this part may be made in advance or by way of reimbursement, and in such

installments as the Secretary may determine.

(Pub. L. 93–112, title VI, §611, as added Pub. L.

95–602, title II, §201, Nov. 6, 1978, 92 Stat. 2989;

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

title X, §1002(f), Oct. 21, 1986, 100 Stat. 1810, 1844;

Pub. L. 102–569, title I, §102(p)(36), title VI, §601,

Oct. 29, 1992, 106 Stat. 4360, 4434.)

REFERENCES IN TEXT

The Fair Labor Standards Act of 1938, referred to in

subsec. (b)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060,

as amended, which is classified generally to chapter 8

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

this Act to the Code, see section 201 of this title and

Tables.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–569, §§102(p)(36), 601(a),

substituted ‘‘disabilities’’ for ‘‘handicaps’’ wherever appearing and ‘‘706(8)(A)’’ for ‘‘706(8)’’.

Subsec. (b)(1)(J). Pub. L. 102–569, §102(p)(36), substituted ‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (b)(1)(K). Pub. L. 102–569, §601(b), substituted

‘‘personal assistance services’’ for ‘‘attendant care’’.

1986—Subsec. (a). Pub. L. 99–506, §§103(d)(2)(C), 1002(f),

substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing and ‘‘section

706(8) of this title’’ for ‘‘section 706(7) of this title’’.

Subsec. (b)(1)(J). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

SHORT TITLE

For short title of this subchapter as the ‘‘Employment Opportunities for Handicapped Individuals Act’’,

see section 601 of Pub. L. 93–112 set out as a note under

section 701 of this title.

COMMUNITY SERVICES ADMINISTRATION

The Community Services Administration, which was

established by section 601 of the Economic Opportunity

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

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

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

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

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

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

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

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

§ 795a. Administration

(a) Consultation with designated State unit

In order to effectively carry out the provisions

of this part, the Secretary shall, through the

Commissioner of the Rehalibitation1 Services

Administration, consult with any designated

State unit with regard to—

(1) the localities in which community service projects of the type authorized by this part

are most needed;

(2) the employment situations and types of

skills possessed by eligible individuals in such

localities; and

(3) potential projects suitable for funding in

such localities.

(b) Coordination with other programs

The Secretary shall coordinate the pilot program established under this part with the Job

Training Partnership Act [29 U.S.C. 1501 et seq.]

and the Community Services Block Grant Act

[42 U.S.C. 9901 et seq.].

(c) Use of services, equipment, personnel, and facilities of other agencies

In carrying out this part, the Secretary may,

with the consent of any other Federal, State, or

local agency, use the services, equipment, personnel, and facilities of such agency with or

without providing such agency with reimbursement and may use the services, equipment, and

facilities of any other public or private entity

on a similar basis.

(d) Promulgation of regulations; publication in

Federal Register

Within one hundred and eighty days after the

effective date of this part, the Secretary shall

issue and publish in the Federal Register such

regulations as may be necessary to carry out

this part.
Page 297 TITLE 29—LABOR § 795d

(e) Delegation of functions

The Secretary shall not delegate any function

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

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

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

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

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

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

REFERENCES IN TEXT

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

amended, which is classified generally to chapter 19

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

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

under section 1501 of this title and Tables.

The Community Services Block Grant Act, referred

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

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

which is classified generally to chapter 106 (§9901 et

seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see

Short Title note set out under section 9901 of Title 42

and Tables.

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

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

which was Nov. 6, 1978.

AMENDMENTS

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

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

sentence and all that follows through the period at the

end and inserting ‘‘the Job Training Partnership Act

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

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

Assistance Act of 1974, the Job Training Partnership

Act, the Community Services Act of 1974, and the

Emergency Employment Act of 1971. Appropriations

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

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

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

§ 795b. Employment

(a) Participants not considered Federal employees

Eligible individuals who are employed in any

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

such employment and shall not be subject to the

provisions of part III of title 5.

(b) Workmen’s compensation coverage

No contract shall be entered into under this

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

generally applicable to employees, unless the

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

through insurance by a recognized carrier or by

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

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

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

under this part shall be treated as income or

benefits for the purpose of any other program or

provision of State or Federal law, unless the

Secretary makes a case by case determination

that disallowance of such income or benefits is

inequitable or does not carry out the purposes of

this subchapter.

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

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

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

1992, 106 Stat. 4434.)

AMENDMENTS

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

§ 795c. Interagency cooperation

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

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

administration of this part.

(b) The Secretary shall consult and cooperate

with the Director of the Community Services

Administration, the Secretary of Health and

Human Services, and the heads of other Federal

agencies carrying out related programs, in order

to achieve maximum coordination between such

programs and the program established under

this part. Each Federal agency shall cooperate

with the Secretary in disseminating information

relating to the availability of assistance under

this part and in identifying individuals eligible

for employment in projects assisted under this

part.

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

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

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

22, 1984, 98 Stat. 18.)

AMENDMENTS

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

of Health, Education, and Welfare’’.

COMMUNITY SERVICES ADMINISTRATION

The Community Services Administration, which was

established by section 601 of the Economic Opportunity

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

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

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

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

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

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

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

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

§ 795d. Award of grants or contracts

(a) Preference; equitable distribution among

States; determination of allotment; underserved States; Indian tribes

(1) Preference in awarding grants or contracts

under this part shall be given to organizations of

proven ability in providing employment services

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

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