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29 U.S.C. § 771 — Evaluation standards and performance indicators
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Standards and indicators** — The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this subchapter shall be subject to the performance accountability provisions described in [section 3141(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3141/b&num=0&edition=prelim).
(2) **Additional performance accountability indicators** — A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim).
**(b) Compliance**
(1) **State reports** — In accordance with regulations established by the Secretary, each State shall report to the Commissioner after the end of each fiscal year the extent to which the State is in compliance with the standards and indicators.
(2) **Program improvement**
(A) *Plan* — If the Commissioner determines that the performance of any State is below established standards, the Commissioner shall provide technical assistance to the State, and the State and the Commissioner shall jointly develop a program improvement plan outlining the specific actions to be taken by the State to improve program performance.
(B) *Review* — The Commissioner shall—
(i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State to make further revisions to the plan to improve performance; and
(ii) continue to conduct such reviews and request such revisions until the State sustain
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Stable record: federal_law:legal_authorities:record_usc_1a1dcfc31eedbb9adde374d9
Source file: Laws/federal/codes/united-states-code/title-29/section-771-evaluation-standards-and-performance-indicators--793cab7c77.md
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Source location: Title 29, Chapter 16, § 771; chapter-016-vocational-rehabilitation-and-other-rehabilitation-services.md
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**(a) In general**
(1) **Standards and indicators** — The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this subchapter shall be subject to the performance accountability provisions described in [section 3141(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3141/b&num=0&edition=prelim).
(2) **Additional performance accountability indicators** — A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim).
**(b) Compliance**
(1) **State reports** — In accordance with regulations established by the Secretary, each State shall report to the Commissioner after the end of each fiscal year the extent to which the State is in compliance with the standards and indicators.
(2) **Program improvement**
(A) *Plan* — If the Commissioner determines that the performance of any State is below established standards, the Commissioner shall provide technical assistance to the State, and the State and the Commissioner shall jointly develop a program improvement plan outlining the specific actions to be taken by the State to improve program performance.
(B) *Review* — The Commissioner shall—
(i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State to make further revisions to the plan to improve performance; and
(ii) continue to conduct such reviews and request such revisions until the State sustains satisfactory performance over a period of more than 1 year.
**(c) Withholding** If the Commissioner determines that a State whose performance falls below the established standards has failed to enter into a program improvement plan, or is not complying substantially with the terms and conditions of such a program improvement plan, the Commissioner shall, consistent with subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim), reduce or make no further payments to the State under this program, until the State has entered into an approved program improvement plan, or satisfies the Commissioner that the State is complying substantially with the terms and conditions of such a program improvement plan, as appropriate.
**(d) Report to Congress** Beginning in fiscal year 1999, the Commissioner shall include in each annual report to the Congress under [section 710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section710&num=0&edition=prelim) an analysis of program performance, including relative State performance, based on the standards and indicators.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Workforce Investment Act of 1998 references** Except as otherwise specified, a reference in a Federal law to a provision of the Workforce Investment Act of 1998 ([29 U.S.C. 2801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2801&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of this Act.
**(b) Wagner-Peyser Act references** Except as otherwise specified, a reference in a Federal law to a provision of the Wagner-Peyser Act ([29 U.S.C. 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
**(c) Disability-related references** Except as otherwise specified, a reference in a Federal law to a provision of the Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The provisions of chapter 71 of title 31 and of title V of the Act of October 15, 1977 (Public Law 95–134) shall not apply to the administration of the provisions of this chapter or to the administration of any program or activity under this chapter.
**(b)** Section 501 of the Workforce Innovation and Opportunity Act [[29 U.S.C. 3341](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3341&num=0&edition=prelim)] shall apply, as specified in that section, to amendments to this chapter that were made by the Workforce Innovation and Opportunity Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 727
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is established in the Office of the Secretary in the Department of Education a Rehabilitation Services Administration which shall be headed by a Commissioner (hereinafter in this chapter referred to as the “Commissioner”) appointed by the President by and with the advice and consent of the Senate. Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII. The Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program management. In the performance of the functions of the office, the Commissioner shall be directly responsible to the Secretary of Education or to the Under Secretary or an appropriate Assistant Secretary of such Department, as designated by the Secretary. The functions of the Commissioner shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Commissioner. Any reference in this chapter to duties to be carried out by the Commissioner shall be considered to be a reference to duties to be carried out by the Secretary of Education acting through the Commissioner. In carrying out any of the functions of the office under this chapter, the Commissioner shall be guided by general policies of the National Council on Disability established under subchapter IV of this chapter.
**(b)** The Secretary of Education shall take whatever action is necessary to ensure that funds appropriated pursuant to this chapter are expended only for the programs, personnel, and administration of programs carried out under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 721
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Federal law — U.S. Code and appendices · legal_authorities
A State that receives assistance for fiscal year 2015 with respect to a center in accordance with subsection (a) of this section (as in effect on the day before July 22, 2014) may continue to receive assistance under this subpart for fiscal year 2015 or a succeeding fiscal year if, for such fiscal year—
(1) no nonprofit private agency—
(A) submits an acceptable application to operate a center for independent living for the fiscal year before a date specified by the Administrator; and
(B) obtains approval of the application under section 796f–1 or 796f–2 of this title; or
(2) after funding all applications so submitted and approved, the Administrator determines that funds remain available to provide such assistance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 710
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Federal law — U.S. Code and appendices · legal_authorities
Page 272
TITLE 29—LABOR
§ 766
of the personnel of the Department of Health
and Human Services to the Council to assist the
Council in carrying out its duties. Any detail
shall not interrupt or otherwise affect the civil
service status or privileges of the Federal em-
ployee.
(h) Technical assistance
On the request of the Council, the Secretary
shall provide such technical assistance to the
Council as the Council determines to be nec-
essary to carry out its duties.
(i) Termination
Section 1013 of title 5 shall not apply with re-
spect to the Council.
(Pub. L. 93–112, title II, § 205, as added Pub. L.
105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1182;
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, §§ 401(16), 402(b)(11)], Oct. 21, 1998, 112 Stat.
2681–337, 2681–412, 2681–414; Pub. L. 113–128, title
IV, § 436, July 22, 2014, 128 Stat. 1671; Pub. L.
117–286, § 4(a)(187), Dec. 27, 2022, 136 Stat. 4326.)
Editorial Notes
PRIOR PROVISIONS
A prior section 765, Pub. L. 93–112, title II, § 205, as
added Pub. L. 102–569, title II, § 206(a), Oct. 29, 1992, 106
Stat. 4409, related to the Rehabilitation Research Advi-
sory Council, prior to the general amendment of this
subchapter by Pub. L. 105–220.
AMENDMENTS
2022—Subsec. (i). Pub. L. 117–286 substituted ‘‘Section
1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.)’’.
2014—Pub. L. 113–128, § 436(1), inserted ‘‘Disability,
Independent Living, and’’ before ‘‘Rehabilitation’’ in
section catchline.
Subsec. (a). Pub. L. 113–128, § 436(2), substituted ‘‘De-
partment of Health and Human Services a Disability,
Independent Living, and Rehabilitation Research Advi-
sory Council’’ for ‘‘Department of Education a Reha-
bilitation Research Advisory Council’’ and in
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 771
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