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29 U.S.C. § 796f–1 — State plan

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 796f–1 — State plan

**(a) State plan supplements** To be eligible for an allotment under this subchapter, a State shall submit to the Commissioner, as part of the State plan under [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim), a State plan supplement for providing supported employment services authorized under this chapter to individuals, including youth with the most significant disabilities, who are eligible under this chapter to receive the services. Each State shall make such annual revisions in the plan supplement as may be necessary. **(b) Contents** Each such plan supplement shall— (1) designate each designated State agency as the agency to administer the program assisted under this subchapter; (2) summarize the results of the comprehensive, statewide assessment conducted under [section 721(a)(15)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721/a/15/A/i&num=0&edition=prelim), with respect to the rehabilitation needs of individuals, including youth, with significant disabilities and the need for supported employment services, including needs related to coordination; (3) describe the quality, scope, and extent of supported employment services authorized under this chapter to be provided to individuals, including youth with the most significant disabilities, who are eligible under this chapter to receive the services and specify the goals and plans of the State with respect to the distribution of funds received under [section 795h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section795h&num=0&edition=prelim); (4) demonstrate evidence of the efforts of the designated State agency to identify and make arrangem

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Stable record: federal_law:legal_authorities:record_usc_b30ead8ccfbbd75a1c8d0285
Source file: Laws/federal/codes/united-states-code/title-29/section-796f1-state-plan--31a97955d9.md
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Source location: Title 29, Chapter 16, § 796f–1; chapter-016-vocational-rehabilitation-and-other-rehabilitation-services.md

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**(a) State plan supplements** To be eligible for an allotment under this subchapter, a State shall submit to the Commissioner, as part of the State plan under [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim), a State plan supplement for providing supported employment services authorized under this chapter to individuals, including youth with the most significant disabilities, who are eligible under this chapter to receive the services. Each State shall make such annual revisions in the plan supplement as may be necessary. **(b) Contents** Each such plan supplement shall— (1) designate each designated State agency as the agency to administer the program assisted under this subchapter; (2) summarize the results of the comprehensive, statewide assessment conducted under [section 721(a)(15)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721/a/15/A/i&num=0&edition=prelim), with respect to the rehabilitation needs of individuals, including youth, with significant disabilities and the need for supported employment services, including needs related to coordination; (3) describe the quality, scope, and extent of supported employment services authorized under this chapter to be provided to individuals, including youth with the most significant disabilities, who are eligible under this chapter to receive the services and specify the goals and plans of the State with respect to the distribution of funds received under [section 795h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section795h&num=0&edition=prelim); (4) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other State agencies and other appropriate entities to assist in the provision of supported employment services; (5) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other public or nonprofit agencies or organizations within the State, employers, natural supports, and other entities with respect to the provision of extended services; (6) describe the activities to be conducted pursuant to [section 795h(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section795h/d&num=0&edition=prelim) for youth with the most significant disabilities, including— (A) the provision of extended services for a period not to exceed 4 years; and (B) how the State will use the funds reserved in [section 795h(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section795h/d&num=0&edition=prelim) to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities; (7) provide assurances that— (A) funds made available under this subchapter will only be used to provide supported employment services authorized under this chapter to individuals who are eligible under this subchapter to receive the services; (B) the comprehensive assessments of individuals with significant disabilities, including youth with the most significant disabilities, conducted under [section 722(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section722/b/1&num=0&edition=prelim) and funded under subchapter I will include consideration of supported employment as an appropriate employment outcome; (C) an individualized plan for employment, as required by [section 722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section722&num=0&edition=prelim), will be developed and updated using funds under subchapter I in order to— (i) specify the supported employment services to be provided, including, as appropriate, for youth with the most significant disabilities, transition services and pre-employment transition services; (ii) specify the expected extended services needed, including the extended services that may be provided to youth with the most significant disabilities under this subchapter, in accordance with an approved individualized plan for employment, for a period not to exceed 4 years; and (iii) identify, as appropriate, the source of extended services, which may include natural supports, or indicate that it is not possible to identify the source of extended services at the time the individualized plan for employment is developed; (D) the State will use funds provided under this subchapter only to supplement, and not supplant, the funds provided under subchapter I, in providing supported employment services specified in the individualized plan for employment; (E) services provided under an individualized plan for employment will be coordinated with services provided under other individualized plans established under other Federal or State programs; (F) to the extent jobs skills training is provided, the training will be provided on site; (G) supported employment services will include placement in an integrated setting based on the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the most significant disabilities; (H) the State agencies designated under paragraph (1) will expend not more than 2.5 percent of the allotment of the State under this subchapter for administrative costs of carrying out this subchapter; and (I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to [section 795h(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section795h/d&num=0&edition=prelim), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services; and (8) contain such other information and be submitted in such manner as the Commissioner may require.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 795h — Staff of National Council

**(a) Executive Director; technical and professional employees** (1) The Chairperson of the National Council may appoint and remove, without regard to the provisions of title 5 governing appointments, the provisions of chapter 75 of such title (relating to adverse actions), the provisions of chapter 77 of such title (relating to appeals), or the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), an Executive Director to assist the National Council to carry out its duties. The Executive Director shall be appointed from among individuals who are experienced in the planning or operation of programs for individuals with disabilities. (2) The Executive Director is authorized to hire technical and professional employees to assist the National Council to carry out its duties. **(b) Temporary or intermittent services; voluntary and uncompensated services; gifts, etc.; contracts and agreements; official representation and reception** (1) The National Council may procure temporary and intermittent services to the same extent as is authorized by [section 3109(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109/b&num=0&edition=prelim) (but at rates for individuals not to exceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim)). (2) The National Council may— (A) accept voluntary and uncompensated services, notwithstanding the provisions of [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim); (B) in

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 722 — Advance funding

**(a)** For the purpose of affording adequate notice of funding available under this chapter, appropriations under this chapter are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. **(b)** In order to effect a transition to the advance funding method of timing appropriation action, the authority provided by subsection (a) of this section shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 795n — Employment under Federal contracts

**(a) Amount of contracts or subcontracts; provision for employment and advancement of qualified individuals with disabilities; regulations** Any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individuals with disabilities. The provisions of this section shall apply to any subcontract in excess of $10,000 entered into by a prime contractor in carrying out any contract for the procurement of personal property and nonpersonal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within ninety days after September 26, 1973. **(b) Administrative enforcement; complaints; investigations; departmental action** If any individual with a disability believes any contractor has failed or refused to comply with the provisions of a contract with the United States, relating to employment of individuals with disabilities, such individual may file a complaint with the Department of Labor. The Department shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant, consistent with the terms of such contract and the laws and regulations applicable thereto. **(c) Waiver by President; national interest special circumstances for waiver of particular agreements; waiver by Secretary of Labor of affirmative action requirements** (1) The requirements of this section may be waived, in whole or in part, by the President with respect to a particular

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 721 — Rehabilitation Services Administration

**(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.

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