§ 797b TITLE 29—LABOR Page 328

the non-Federal share of the cost of developing and carrying out the project;

(ii) the partnership or consortium will

carry out all of the activities described in

subparagraphs (A) through (E) of section

795g(a)(2) of this title;

(iii) the partnership or consortium will

disseminate information on the model program conducted;

(iv) the partnership or consortium will

utilize, if available, job skill standards established jointly by management and

labor to assist in evaluating the job skills

of an individual and assessing the skills

that are needed for the individual to compete in the workplace;

(v) the partnership or consortium will

prepare and submit an evaluation report

containing data specified by the Commissioner at the end of each project year; and

(vi) the partnership or consortium will

take such steps as are necessary to continue the activities of the project after the

period for which Federal assistance is

sought.

(4) ‘‘Workers with disabilities’’ defined

For the purposes of this subsection, the term

‘‘workers with disabilities’’ shall mean individuals with disabilities who are working in

competitive employment and who need new or

upgraded skills to improve their employment

and career advancement opportunities.

(k) Model systems regarding severe disabilities

The Commissioner may award grants to public

or nonprofit agencies and organizations to establish model systems of comprehensive service

delivery to individuals with severe disabilities,

other than spinal cord injuries, requiring a

multidisciplinary system of providing vocational and other rehabilitation services, where

the Commissioner determines that the development of such systems is needed.

(Pub. L. 93–112, title VIII, §802, as added Pub. L.

102–569, title VIII, §801(a), Oct. 29, 1992, 106 Stat.

4469.)

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred

to in subsec. (a)(5), 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, The Public

Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

The provisions of title 5 governing appointments in

the competitive service, referred to in subsec. (h)(5)(A),

are classified generally to section 3301 et seq. of Title

5, Government Organization and Employees.

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

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

Congress, Jan. 7, 1997.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 777a, 797 of this

title.

§ 797b. Training activities

(a) Distance learning through telecommunications

(1) Grants

The Commissioner shall award at least three

grants to eligible institutions of higher education, to support the formation of regional

partnerships with other public or private entities for the purpose of developing and implementing in-service training programs, including certificate or degree granting programs

concerning vocational rehabilitation services

and related services, for vocational rehabilitation professionals through the use of telecommunications.

(2) Applications

Any eligible entity that desires to receive a

grant under this subsection shall submit an

application at such time, in such manner, and

containing such information and assurances as

the Commissioner may require, including—

(A) a detailed explanation of how the applicant will utilize interactive audio, video,

and computer technologies between distant

locations to provide in-service training programs to the region;

(B) a description of how the applicant intends to utilize and build upon existing telecommunications networks within the region

to be served;

(C) a copy of all agreements governing the

division of functions within the partnership,

including an assurance that all States within the region will be served;

(D) a copy of a binding commitment entered into between the partnership and each

entity that is legally permitted to provide,

and from which the partnership is to obtain,

the telecommunications services and facilities required for the project, that stipulates

that if the partnership receives the grant the

entity will provide such telecommunications

services and facilities in the area to be

served within a reasonable time and at a

charge that is in accordance with State law;

(E) a description of the curriculum to be

provided, frequency of providing service, and

sites of service;

(F) a description of the need to purchase or

lease—

(i) computer hardware and software;

(ii) audio and video equipment;

(iii) telecommunications terminal equipment; or

(iv) interactive video equipment;

(G) an assurance that the partnership will

use not less than 75 percent of the amount of

the grant for instructional curriculum development and programming; and

(H) a description of the means by which

the project will be evaluated.

(3) Award of grants

In awarding grants under paragraph (1), the

Commissioner shall take into consideration

the sparsity of State populations in the region

to be served.

(4) Definitions

For the purposes of this subsection:
Page 329 TITLE 29—LABOR § 797b

1So in original. Probably should be section ‘‘771a(a)(1)’’.

(A) Eligible entity

The term ‘‘eligible entity’’ means any institution of higher education with demonstrated experience in the area of continuing education for vocational rehabilitation

personnel.

(B) Interactive video equipment

The term ‘‘interactive video equipment’’

means equipment used to produce and prepare video and audio signals for transmission between distant locations so that individuals at such locations can see and hear

each other, and related equipment.

(C) Region

The term ‘‘region’’ means one of the ten

regions served by the Rehabilitation Services Administration.

(D) Rehabilitation professionals

The term ‘‘rehabilitation professionals’’

means personnel described in section

770(a)(1) 1 of this title.

(b) Braille training projects

(1) Establishment

The Commissioner shall make grants to and

enter into contracts with States and public or

nonprofit agencies and organizations, including institutions of higher education, to pay all

or part of the cost of training in the use of

Braille for personnel providing vocational rehabilitation services or educational services to

youth and adults who are blind.

(2) Projects

Such grants shall be used for the establishment or continuation of projects that may

provide—

(A) development of Braille training materials; and

(B) in-service or pre-service training in the

use of Braille and methods of teaching

Braille to youth and adults who are blind.

(3) Application

To be eligible to receive a grant, or enter

into a contract, under paragraph (1), an agency or organization shall submit an application

to the Commissioner at such time, in such

manner, and containing such information as

the Commissioner may require.

(c) Parent information and training programs

(1) Grants

The Commissioner is authorized to make

grants through a separate competition to private nonprofit organizations for the purpose of

establishing programs to provide training and

information to enable individuals with disabilities, and the parents, family members, guardians, advocates, or other authorized representatives of the individuals to participate more

effectively with professionals in meeting the

vocational and rehabilitation needs of individuals with disabilities. Such grants shall be designed to meet the unique training and information needs of individuals with disabilities,

and the parents, family members, guardians,

advocates, or other authorized representatives

of the individuals, who live in the area to be

served, particularly those who are members of

populations that have been unserved or underserved by programs under this chapter.

(2) Use of grants

An organization that receives a grant to establish training and information programs

under this subsection shall use the grant to assist individuals with disabilities, and the parents, family members, guardians, advocates,

or authorized representatives of the individuals to—

(A) better understand vocational rehabilitation and independent living programs and

services;

(B) provide followup support for transition

and employment programs;

(C) communicate more effectively with

transition and rehabilitation personnel and

other relevant professionals;

(D) provide support in the development of

the individualized written rehabilitation

program;

(E) provide support and expertise in obtaining information about rehabilitation

and independent living programs, services,

and resources that are appropriate; and

(F) understand the provisions of this chapter, particularly provisions relating to employment, supported employment, and independent living.

(3) Award of grants

The Commissioner shall ensure that grants

under this subsection shall—

(A) be distributed geographically to the

greatest extent possible throughout all

States; and

(B) be targeted to individuals with disabilities, and the parents, family members,

guardians, advocates, or authorized representatives of the individuals, in both

urban and rural areas or on a State or regional basis.

(4) Eligible organizations

In order to receive a grant under this subsection, a private nonprofit organization

shall—

(A) submit an application to the Commissioner at such time, in such manner, and

containing such information as the Commissioner may require, including information

demonstrating the capacity and expertise of

the organization to—

(i) coordinate and work closely with parent training and information centers established under section 1431 of title 20; and

(ii) effectively conduct the training and

information activities authorized under

this subsection;

(B)(i) be governed by a board of directors—

(I) that includes professionals in the

field of vocational rehabilitation; and

(II) on which a majority of the members

are individuals with disabilities or the parents, family members, guardians, advocates, or authorized representatives of the

individuals; or
§§ 801, 802 TITLE 29—LABOR Page 330

(ii)(I) have a membership that represents

the interests of individuals with disabilities;

and

(II) establish a special governing committee that meets the requirements specified in

subclauses (I) and (II) of clause (i) to operate

a training and information program under

this subsection; and

(C) serve individuals with a full range of

disabilities, and the parents, family members, guardians, advocates, or authorized

representatives of the individuals.

(5) Consultation

Each private nonprofit organization carrying out a program receiving assistance under

this subsection shall consult with appropriate

agencies that serve or assist individuals with

disabilities, and the parents, family members,

guardians, advocates, or authorized representatives of the individuals, located in the jurisdiction served by the program.

(6) Coordination

The Commissioner shall provide coordination and technical assistance by grant or cooperative agreement for establishing, developing, and coordinating the training and information programs. To the extent practicable,

such assistance shall be provided by the parent

training and information centers established

under section 1431 of title 20.

(7) Review

(A) Quarterly review

The board of directors or special governing

committee of a nonprofit private organization receiving a grant under this subsection

shall meet at least once in each calendar

quarter to review the training and information program, and each such committee

shall directly advise the governing board regarding the views and recommendations of

the committee.

(B) Review for grant renewal

If a nonprofit private organization requests the renewal of a grant under this subsection, the board of directors or the special

governing committee shall prepare and submit to the Commissioner a written review of

the training and information program conducted by the nonprofit private organization

during the preceding fiscal year.

(d) Training regarding impartial hearing officers

The Commissioner may award grants to public

or nonprofit agencies and organizations to provide training designed to provide impartial hearing officers with the skills necessary to fairly

decide appeals under this chapter.

(e) Recruitment and retention of urban personnel

The Commissioner may award grants to public

or nonprofit agencies and organizations to develop and demonstrate innovative methods to

attract and retain professionals to serve in

urban areas in the rehabilitation of individuals

with disabilities, including individuals with severe disabilities.

(f) Certain requirements

The requirements of subsections (a) (except

the first sentence), (b), and (c), of section 771a of

this title, and paragraphs (1) and (2) of subsection (g) of such section, shall apply with respect to grants made available under this section, other than subsection (c) of this section.

The requirements of section 776 of this title

shall apply with respect to grants made available under this section.

(Pub. L. 93–112, title VIII, §803, as added Pub. L.

102–569, title VIII, §801(a), Oct. 29, 1992, 106 Stat.

4478.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 771a, 797 of this

title.

CHAPTER 17—COMPREHENSIVE

EMPLOYMENT AND TRAINING PROGRAMS

CODIFICATION

The Comprehensive Employment and Training Act of

1973, Pub. L. 93–203, Dec. 28, 1973, 87 Stat. 839, as amended by Pub. L. 93–567, Dec. 31, 1974, 88 Stat. 1845; Pub. L.

94–444, Oct. 1, 1976, 90 Stat. 1476; Pub. L. 94–482, Oct. 12,

1976, 90 Stat. 2081; Pub. L. 95–40, June 3, 1977, 91 Stat.

203; Pub. L. 95–44, June 15, 1977, 91 Stat. 220; Pub. L.

95–93, Aug. 5, 1977, 91 Stat. 627, comprised this chapter

prior to its complete revision by Pub. L. 95–524, Oct. 27,

1978, 92 Stat. 1909. The Act, Pub. L. 93–203, as amended

generally by Pub. L. 95–524, §2, Oct. 27, 1978, 92 Stat.

1909, was known as the Comprehensive Employment

and Training Act, and was set out as having been added

by Pub. L. 95–524 without reference to the intervening

amendments in view of the extensive revision of the

Act’s provisions by Pub. L. 95–524.

§§ 801, 802. Repealed. Pub. L. 97–300, title I,

§ 184(a)(1), Oct. 13, 1982, 96 Stat. 1357

Section 801, Pub. L. 93–203, §2, as added Pub. L. 95–524,

§2, Oct. 27, 1978, 92 Stat. 1912, set out Congressional

statement of purpose in enacting this chapter.

A prior section 801, Pub. L. 93–203, §2, Dec. 28, 1973, 87

Stat. 839, provided for a Congressional statement of

purpose for this chapter, prior to the general revision

of Pub. L. 93–203 by Pub. L. 95–524.

Section 802, Pub. L. 93–203, §3, as added Pub. L. 95–524,

§2, Oct. 27, 1978, 92 Stat. 1912, provided definitions for

this chapter.

A prior section 802, Pub. L. 93–203, §4, Dec. 28, 1973, 87

Stat. 839; Pub. L. 95–44, §2(a), June 15, 1977, 91 Stat. 220;

Pub. L. 95–93, title III, §302, Aug. 5, 1977, 91 Stat. 650, authorized appropriations for this chapter, prior to the

general revision of Pub. L. 93–203 by Pub. L. 95–524.

A prior section 3 of Pub. L. 93–203, Dec. 28, 1973, 87

Stat. 839, provided for transitional provisions and was

set out as a note under section 801 of this title, prior to

the general revision of Pub. L. 93–203 by Pub. L. 95–524.

Provisions similar to those comprising this section

were contained in former section 981 of this title prior

to the general revision of Pub. L. 93–203 by Pub. L.

95–524.

A prior section 803, Pub. L. 95–93, title III, §305, Aug.

5, 1977, 91 Stat. 651, providing for increased participation of veterans in public service employment programs and job training opportunities, was omitted because it was limited to fiscal years 1977 and 1978.

EFFECTIVE DATE OF REPEAL

Section 184(a) of Pub. L. 97–300 provided that the repeal of these sections is effective Oct. 13, 1982.