§ 794e TITLE 29—LABOR Page 292

struck out ‘‘the’’ before ‘‘General Services’’, and substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (a)(3). Pub. L. 100–630, §206(f)(2), inserted ‘‘by

the Director of the National Institute on Disability and

Rehabilitation Research and the Administrator of General Services in consultation with the electronics industry and the Interagency Committee for Computer

Support of Handicapped Employees’’ after ‘‘revised’’.

Subsec. (c). Pub. L. 100–630, §206(f)(3), substituted ‘‘an

individual with handicaps’’ for ‘‘a handicapped individual’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2213 of this title.

§ 794e. Protection and advocacy of individual

rights

(a) Purpose

The purpose of this section is to support a system in each State to protect the legal and

human rights of individuals with disabilities

who—

(1) need services that are beyond the scope of

services authorized to be provided by the client assistance program under section 732 of

this title; and

(2) are ineligible for protection and advocacy

programs under part C of the Developmental

Disabilities Assistance and Bill of Rights Act

(42 U.S.C. 6041 et seq.) and the Protection and

Advocacy for Mentally Ill Individuals Act of

1986 (42 U.S.C. 10801 et seq.).

(b) Appropriations less than $5,500,000

For any fiscal year in which the amount appropriated to carry out this section is less than

$5,500,000, the Commissioner may make grants

from such amount to eligible systems within

States to plan for, develop outreach strategies

for, and carry out protection and advocacy programs authorized under this section for individuals with disabilities who meet the requirements of paragraphs (1) and (2) of subsection (a)

of this section.

(c) Appropriations of $5,500,000 or more

(1) Technical assistance

For any fiscal year in which the amount appropriated to carry out this section equals or

exceeds $5,500,000, the Commissioner shall set

aside not less than 1.8 percent and not more

than 2.2 percent of the amount to provide

training and technical assistance to the systems established under this section.

(2) Allotments

For any such fiscal year, after the reservation required by paragraph (1) has been made,

the Commissioner shall make allotments from

the remainder of such amount in accordance

with paragraph (3) to eligible systems within

States to enable such systems to carry out

protection and advocacy programs authorized

under this section for such individuals.

(3) Systems within States

(A) Population basis

Except as provided in subparagraph (B),

from such remainder for each such fiscal

year, the Commissioner shall make an allotment to the eligible system within a State

of an amount bearing the same ratio to such

remainder as the population of the State

bears to the population of all States.

(B) Minimums

Subject to the availability of appropriations to carry out this section, and except as

provided in paragraph (4), the allotment to

any system under subparagraph (A) shall be

not less than $100,000 or one-third of one percent of the remainder for the fiscal year for

which the allotment is made, whichever is

greater, and the allotment to any system

under this section for any fiscal year that is

less than $100,000 or one-third of one percent

of such remainder shall be increased to the

greater of the two amounts.

(4) Systems within other jurisdictions

(A) In general

For the purposes of paragraph (3)(B),

Guam, American Samoa, the United States

Virgin Islands, the Commonwealth of the

Northern Mariana Islands, and the Republic

of Palau shall not be considered to be

States.

(B) Allotment

The eligible system within a jurisdiction

described in subparagraph (A) shall be allotted under paragraph (3)(A) not less than

$50,000 for the fiscal year for which the allotment is made, except that the Republic of

Palau may receive such allotment under this

section only until the Compact of Free Association with Palau takes effect.

(5) Adjustment for inflation

For any fiscal year, beginning in fiscal year

1994, in which the total amount appropriated

to carry out this section exceeds the total

amount appropriated to carry out this section

for the preceding fiscal year by a percentage

greater than the most recent percentage

change in the Consumer Price Index For All

Urban Consumers published by the Secretary

of Labor under section 720(c)(1) of this title,

the Commissioner shall increase the minimum

allotment under paragraphs (3)(B) and (4)(B)

by such percentage change in the Consumer

Price Index For All Urban Consumers.

(d) Proportional reduction

To provide minimum allotments to systems

within States (as increased under subsection

(c)(5) of this section) under subsection (c)(3)(B)

of this section, or to provide minimum allotments to systems within States (as increased

under subsection (c)(5) of this section) under

subsection (c)(4)(B) of this section, the Commissioner shall proportionately reduce the allotments of the remaining systems within States

under subsection (c)(3) of this section, with such

adjustments as may be necessary to prevent the

allotment of any such remaining system within

a State from being reduced to less than the minimum allotment for a system within a State (as

increased under subsection (c)(5) of this section)

under subsection (c)(3)(B) of this section, or the

minimum allotment for a State (as increased

under subsection (c)(5) of this section) under

subsection (c)(4)(B) of this section, as appropriate.
Page 293 TITLE 29—LABOR § 794e

1See References in Text note below.

(e) Reallotment

Whenever the Commissioner determines that

any amount of an allotment to a system within

a State for any fiscal year described in subsection (c)(1) of this section will not be expended

by such system in carrying out the provisions of

this section, the Commissioner shall make such

amount available for carrying out the provisions

of this section to one or more of the systems

that the Commissioner determines will be able

to use additional amounts during such year for

carrying out such provisions. Any amount made

available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase

in the allotment of the system (as determined

under the preceding provisions of this section)

for such year.

(f) Application

In order to receive assistance under this section, an eligible system shall submit an application to the Commissioner, at such time, in such

form and manner, and containing such information and assurances as the Commissioner determines necessary to meet the requirements of

this section, including assurances that the eligible system will—

(1) have in effect a system to protect and advocate the rights of individuals with disabilities;

(2) have the same general authorities, including access to records and program income,

as are set forth in part C of the Developmental

Disabilities Assistance and Bill of Rights Act

(42 U.S.C. 6041 et seq.);

(3) have the authority to pursue legal, administrative, and other appropriate remedies

or approaches to ensure the protection of, and

advocacy for, the rights of such individuals

within the State who are ineligible for protection and advocacy programs under part C of

the Developmental Disabilities Assistance and

Bill of Rights Act (42 U.S.C. 6041 et seq.) and

the Protection and Advocacy for Mentally Ill

Individuals Act of 1986 (42 U.S.C. 10801 et seq.)

or client assistance programs under section

732 of this title;

(4) provide information on and make referrals to programs and services addressing the

needs of individuals with disabilities in the

State;

(5) develop a statement of objectives and priorities on an annual basis, and provide to the

public, including individuals with disabilities

and, as appropriate, their representatives, an

opportunity to comment on the objectives and

priorities established by, and activities of, the

system including—

(A) the objectives and priorities for the activities of the system for each year and the

rationale for the establishment of such objectives and priorities; and

(B) the coordination of programs provided

through the system under this section with

the advocacy programs of the client assistance program under section 732 of this title,

the State long-term care ombudsman program established under the Older Americans

Act of 1965 (42 U.S.C. 3001 et seq.), the Developmental Disabilities Assistance and Bill of

Rights Act (42 U.S.C. 6000 et seq.), and the

Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.);

(6) establish a grievance procedure for clients or prospective clients of the system to ensure that individuals with disabilities are afforded equal opportunity to access the services

of the system;

(7) provide assurances to the Commissioner

that funds made available under this section

will be used to supplement and not supplant

the non-Federal funds that would otherwise be

made available for the purpose for which Federal funds are provided; and

(8) not use allotments provided under this

section in a manner inconsistent with section

14404 of title 42.

(g) Carryover and direct payment

(1) Direct payment

Notwithstanding any other provision of law,

the Commissioner shall pay directly to any

system that complies with the provisions of

this section, the amount of the allotment of

the State involved under this section, unless

the State provides otherwise.

(2) Carryover

Any amount paid to a State for a fiscal year

that remains unobligated at the end of such

year shall remain available to such State for

obligation during the next fiscal year for the

purposes for which such amount was paid.

(h) Limitation on disclosure requirements

For purposes of any audit, report, or evaluation of the performance of the program established under this section, the Commissioner

shall not require such a program to disclose the

identity of, or any other personally identifiable

information related to, any individual requesting assistance under such program.

(i) Ineligibility for additional funds

Notwithstanding subsection (n) of this section,

a protection and advocacy system that—

(1) received funds for fiscal year 1992, under

section 796g 1 of this title, as in effect on the

day before October 29, 1992, to carry out a

project; and

(2) receives a continuation award for such

project for fiscal year 1993,

shall not be eligible to receive additional funds

under this section for fiscal year 1993.

(j) Administrative cost

In any State in which an eligible system is located within a State agency, a State may use a

portion of any allotment under subsection (c) of

this section for the cost of the administration of

the system required by this section. Such portion may not exceed 5 percent of the allotment.

(k) Delegation

The Commissioner may delegate the administration of this program to the Commissioner of

the Administration on Developmental Disabilities within the Department of Health and

Human Services.

(l) Report

The Commissioner shall annually prepare and

submit to the Committee on Education and
§ 794e TITLE 29—LABOR Page 294

Labor of the House of Representatives and the

Committee on Labor and Human Resources of

the Senate a report describing the types of services and activities being undertaken by programs funded under this section, the total number of individuals served under this section, the

types of disabilities represented by such individuals, and the types of issues being addressed on

behalf of such individuals.

(m) Authorization of appropriations

There are authorized to be appropriated to

carry out this section such sums as may be necessary for each of the fiscal years 1993, 1994, 1995,

1996, and 1997.

(n) Eligibility for assistance

As used in this section, the term ‘‘eligible system’’ means a protection and advocacy system

that is established under part C of the Developmental Disabilities Assistance and Bill of Rights

Act (42 U.S.C. 6041 et seq.) and that meets the requirements of subsection (f) of this section.

(Pub. L. 93–112, title V, §509, as added Pub. L.

102–569, title V, §510(a), Oct. 29, 1992, 106 Stat.

4430; amended Pub. L. 103–73, title I, §112(c), Aug.

11, 1993, 107 Stat. 727; Pub. L. 105–12, §9(n), Apr.

30, 1997, 111 Stat. 28.)

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of

Rights Act, referred to in subsecs. (a)(2), (f)(2), (3),

(5)(B), and (n), is title I of Pub. L. 88–164, as added by

Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2662, and amended, which is classified generally to chapter 75 (§6000 et

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

of the Act is classified generally to subchapter III

(§6041 et seq.) of chapter 75 of Title 42. For complete

classification of this Act to the Code, see Short Title

note set out under section 6000 of Title 42 and Tables.

The Protection and Advocacy for Mentally Ill Individuals Act of 1986, referred to in subsecs. (a)(2) and

(f)(3), (5)(B), is Pub. L. 99–319, May 23, 1986, 100 Stat. 478,

as amended, which is classified generally to chapter 114

(§10801 et seq.) of Title 42. For complete classification

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

under section 10801 of Title 42 and Tables.

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec.

(c)(4)(B), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777,

set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

The Older Americans Act of 1965, referred to in subsec. (f)(5)(B), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218,

as amended, which is classified generally to chapter 35

(§3001 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 3001 of

Title 42 and Tables.

Section 796g of this title, referred to in subsec. (i)(1),

was repealed by Pub. L. 102–569, title VII, §701(1), Oct.

29, 1992, 106 Stat. 4443.

AMENDMENTS

1997—Subsec. (f)(8). Pub. L. 105–12 added par. (8).

1993—Subsec. (a)(1). Pub. L. 103–73, §112(c)(1), added

par. (1) and struck out former par. (1) which read as follows: ‘‘are ineligible for client assistance programs

under section 732 of this title; and’’.

Subsec. (b). Pub. L. 103–73, §112(c)(2), added subsec. (b)

and struck out heading and text of former subsec. (b).

Text read as follows:

‘‘(1) ALLOTMENTS.—For any fiscal year in which the

amount appropriated to carry out this section is less

than $5,500,000, the Commissioner may make grants

from such amount to eligible systems within States to

plan for, develop outreach strategies for, and carry out

protection and advocacy programs authorized under

this section for individuals with disabilities who meet

the requirements of paragraphs (1) and (2) of subsection

(a) of this section.

‘‘(2) OTHER JURISDICTIONS.—For the purposes of this

subsection, Guam, American Samoa, the United States

Virgin Islands, the Commonwealth of the Northern

Mariana Islands, and the Republic of Palau shall not be

considered to be States.’’

Subsec. (c)(4)(A). Pub. L. 103–73, §112(c)(3)(A)(i), substituted ‘‘paragraph (3)(B)’’ for ‘‘this subsection’’.

Subsec. (c)(4)(B). Pub. L. 103–73, §112(c)(3)(A)(ii), substituted ‘‘allotted under paragraph (3)(A)’’ for ‘‘allotted’’.

Subsec. (c)(5). Pub. L. 103–73, §112(c)(3)(B), added par.

(5) and struck out heading and text of former par. (5).

Text read as follows:

‘‘(A) STATES.—For purposes of determining the minimum amount of an allotment under paragraph (3)(B),

the amount $100,000 shall, in the case of such allotments for fiscal year 1994 and subsequent fiscal years,

be increased to the extent necessary to offset the effects of inflation occurring since October 1992, as measured by the percentage increase in the Consumer Price

Index For All Urban Consumers (U.S. city average) during the period ending on April 1 of the fiscal year preceding the fiscal year for which the allotment is to be

made.

‘‘(B) CERTAIN TERRITORIES.—For purposes of determining the minimum amount of an allotment under

paragraph (4)(B), the amount $50,000 shall, in the case

of such allotments for fiscal year 1994 and subsequent

fiscal years, be increased to the extent necessary to offset the effects of inflation occurring since October 1992,

as measured by the percentage increase in the Consumer Price Index For All Urban Consumers (U.S. city

average) during the period ending on April 1 of the fiscal year preceding the fiscal year for which the allotment is to be made.’’

Subsec. (d). Pub. L. 103–73, §112(c)(4), added subsec. (d)

and struck out heading and text of former subsec. (d).

Text read as follows: ‘‘Amounts necessary to provide

allotments to systems within States in accordance

with subsection (c)(3)(B) of this section as increased

under subsection (c)(5) of this section, or to provide allotments in accordance with subsection (c)(4)(B) of this

section as increased in accordance with subsection

(c)(5) of this section, shall be derived by proportionately reducing the allotments of the remaining systems

within States under subsection (c)(3) of this section,

but with such adjustments as may be necessary to prevent the allotment of any such remaining systems

within States from being thereby reduced to less than

the greater of $100,000 or one-third of one percent of the

sums made available for purposes of this section for the

fiscal year for which the allotment is made, as increased in accordance with subsection (c)(5) of this section.’’

Subsec. (i). Pub. L. 103–73, §112(c)(6), which directed

the amendment of this section ‘‘in subsection (i), to

read as follows: ‘‘, was executed by adding subsec. (i).

Former subsec. (i) redesignated (n).

Subsec. (j). Pub. L. 103–73, §112(c)(7), added subsec. (j)

and struck out heading and text of former subsec. (j).

Text read as follows: ‘‘An eligible system may not use

more than 5 percent of any allotment under subsection

(c) of this section for the cost of administration of the

system required by this section.’’

Subsec. (n). Pub. L. 103–73, §112(c)(5), redesignated

subsec. (i) as (n).

CHANGE OF NAME

Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of Pub. L. 104–14, set out as

a note preceding section 21 of Title 2, The Congress.

Committee on Economic and Educational Opportunities of House of Representatives changed to Committee
Page 295 TITLE 29—LABOR § 795

on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Fifth

Congress, Jan. 7, 1997.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105–12 effective Apr. 30, 1997,

applicable to Federal payments made pursuant to obligations incurred after Apr. 30, 1997, for items and services provided on or after such date, and also applicable

with respect to contracts entered into, renewed, or extended after Apr. 30, 1997, as well as contracts entered

into before Apr. 30, 1997, to the extent permitted under

such contracts, see section 11 of Pub. L. 105–12, set out

as an Effective Date note under section 14401 of Title

42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 718, 718b, 2202,

2212 of this title.

SUBCHAPTER VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

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

762, 2231 of this title.

PART A—COMMUNITY SERVICE EMPLOYMENT

PILOT PROGRAMS FOR INDIVIDUALS WITH DISABILITIES

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 702 of this title.

§ 795. Pilot programs

(a) Establishment

In order to promote useful opportunities in

community service activities for individuals

with disabilities who have poor employment

prospects, the Secretary of Labor (hereinafter in

this part referred to as the ‘‘Secretary’’) is authorized to establish a community service employment pilot program for individuals with disabilities. For purposes of this part, the term ‘‘eligible individuals’’ means persons who are individuals with disabilities (as defined in section

706(8)(A) of this title) and who are referred to

programs under this part by designated State

units.

(b) Agreements; factors determining eligibility

for cost payments; rate of pay; certificate of

exemption by Department of Labor

(1) The Secretary may enter into agreements

with public or private nonprofit agencies or organizations, including national organizations,

agencies of a State government or a political

subdivision of a State (having elected or duly

appointed governing officials), or a combination

of such political subdivisions, or tribal organizations in order to carry out the pilot program referred to in subsection (a) of this section. Such

agreements may include provisions consistent

with subsection (c) of this section for the payment of the costs of projects developed by such

organizations and agencies in cooperation with

the Secretary. No payment shall be made by the

Secretary toward the cost of any such project

unless the Secretary determines that:

(A) Such project will provide employment

only for eligible individuals, except that if eligible individuals are not available to serve as

technical, administrative, or supervisory personnel for a project then such personnel may

be recruited from among other individuals.

(B) Such project will provide employment

for eligible individuals in the community in

which such individuals reside, or in nearby

communities.

(C) Such project will employ eligible individuals in services related to publicly owned and

operated facilities and projects, or projects

sponsored by organizations, other than political parties, exempt from taxation under section 501(c)(3) of title 26, except for projects involving the construction, operation, or maintenance of any facility used or to be used as a

place for sectarian religious instruction or

worship.

(D) Such project will contribute to the general welfare of the community in which eligible individuals are employed under such project.

(E) Such project (i) will result in an increase

in employment opportunities over those opportunities which would otherwise be available, (ii) will not result in any displacement of

currently employed workers (including partial

displacement, such as a reduction in the hours

of nonovertime work or wages or employment

benefits), and (iii) will not impair existing

contracts or result in the substitution of Federal funds for other funds in connection with

work that would otherwise be performed.

(F) Such project will not employ any eligible

individual to perform work which is the same

or substantially the same as that performed

by any other person who is on layoff from employment with the agency or organization

sponsoring such project.

(G) Such project will utilize methods of recruitment and selection (including the listing

of job vacancies with the State agency units

designated under section 721(a)(2)(A) of this

title to administer vocational rehabilitation

services under this chapter) which will assure

that the maximum number of eligible individuals will have an opportunity to participate in

the project.

(H) Such project will provide for (i) such

training as may be necessary to make the

most effective use of the skills and talents of

individuals who are participating in the project, and (ii) during the period of such training,

a reasonable subsistence allowance for such

individuals and the payment of any other reasonable expenses related to such training.

(I) Such project will provide safe and

healthy working conditions for any eligible individual employed under such project and will

pay any such individual at a rate of pay not

lower than the rate of pay described in paragraph (2).

(J) Such project will be established or administered with the advice of (i) persons competent in the field of service in which employment is being provided, and (ii) persons who

are knowledgeable with regard to the needs of

individuals with disabilities.

(K) Such project will pay any reasonable

costs for work-related expenses, transportation, and personal assistance services incurred by eligible individuals employed under