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

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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Stable record: federal_law:legal_authorities:record_usc_b372a6b8486792e29a1ecc26
Source file: Laws/federal/codes/united-states-code/title-29/section-721-rehabilitation-services-administration--332db81bab.md
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Source location: Title 29, Chapter 16, § 721; chapter-016-vocational-rehabilitation-and-other-rehabilitation-services.md

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

29 U.S.C. § 3003 — Grants for State assistive technology programs

**(a) Grants to States** The Secretary shall award grants under subsection (b) to States to maintain a comprehensive statewide program of assistive technology-related assistance described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology; and (2) increase access to assistive technology. **(b) Amount of financial assistance** (1) **In general** — From funds made available to carry out this section, the Secretary shall award a grant to each State, and outlying area, that meets the requirements of this section from an allotment determined in accordance with paragraph (2). (2) **Calculation of State grants** (A) *Base year* — Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under [section 3003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3003&num=0&edition=prelim) (as in effect on the day before the effective date of the 21st Century Assistive Technology Act) for fiscal year 2022. (B) *Ratable reduction* (i) *In general* — If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. (ii) *Additional funds* — If, after the Secretary makes the reductions describ

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

29 U.S.C. § 701 — Responsibilities of the Administrator

**(a) Approval of State plans** (1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) **Procedures** (A) *In general* — Except as provided in subparagraph (B), the provisions of 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) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim). (B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions— (i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator; (ii) to the State agency shall be deemed to be references to the designated State entity; and (iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 701

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

29 U.S.C. § 724 — Definitions

For the purposes of this chapter: (1) **Administrative costs** — The term “administrative costs” means expenditures incurred in the performance of administrative functions under the vocational rehabilitation program carried out under subchapter I, including expenses related to program planning, development, monitoring, and evaluation, including expenses for— (A) quality assurance; (B) budgeting, accounting, financial management, information systems, and related data processing; (C) providing information about the program to the public; (D) technical assistance and support services to other State agencies, private nonprofit organizations, and businesses and industries, except for technical assistance and support services described in [section 723(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section723/b/5&num=0&edition=prelim); (E) the State Rehabilitation Council and other advisory committees; (F) professional organization membership dues for designated State unit employees; (G) the removal of architectural barriers in State vocational rehabilitation agency offices and State operated rehabilitation facilities; (H) operating and maintaining designated State unit facilities, equipment, and grounds; (I) supplies; (J) administration of the comprehensive system of personnel development described in [section 721(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721/a/7&num=0&edition=prelim), including personnel administration, administration of affirmative action plans, and training and staff development; (K) administrative salaries, including clerical and other support staff salaries, in support of these administrative functions; (L) travel costs r

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 724

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

29 U.S.C. § 726 — Nonduplication

In determining the amount of any State’s Federal share of expenditures for planning, administration, and services incurred by it under a State plan approved in accordance with [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim), there shall be disregarded— (1) any portion of such expenditures which are financed by Federal funds provided under any other provision of law; and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds. No payment may be made from funds provided under one provision of this chapter relating to any cost with respect to which any payment is made under any other provision of this chapter, except that this section shall not be construed to limit or reduce fees for services rendered by community rehabilitation programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 726

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

29 U.S.C. § 762 — Declaration of policy; authorization of appropriations

**(a) Findings; purpose; policy** (1) **Findings** — Congress finds that— (A) work— (i) is a valued activity, both for individuals and society; and (ii) fulfills the need of an individual to be productive, promotes independence, enhances self-esteem, and allows for participation in the mainstream of life in the United States; (B) as a group, individuals with disabilities experience staggering levels of unemployment and poverty; (C) individuals with disabilities, including individuals with the most significant disabilities, have demonstrated their ability to achieve gainful employment in competitive integrated employment settings if appropriate services and supports are provided; (D) reasons for significant numbers of individuals with disabilities not working, or working at levels not commensurate with their abilities and capabilities, include— (i) discrimination; (ii) lack of accessible and available transportation; (iii) fear of losing health coverage under the Medicare and Medicaid programs carried out under titles XVIII and XIX of the Social Security Act ([42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq. and 1396 et seq.) or fear of losing private health insurance; and (iv) lack of education, training, and supports to meet job qualification standards necessary to secure, retain, regain, or advance in employment; (E) enforcement of subchapter V and of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.) holds the promise of ending discrimination for individuals with disabilities; (F) the provision of workforce development

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 762

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

29 U.S.C. § 771 — Evaluation standards and performance indicators

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 771

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

29 U.S.C. § 772 — Monitoring and review

**(a) In general** (1) **Duties** — In carrying out the duties of the Commissioner under this subchapter, the Commissioner shall— (A) provide for the annual review and periodic onsite monitoring of programs under this subchapter; and (B) determine whether, in the administration of the State plan, a State is complying substantially with the provisions of such plan and with evaluation standards and performance indicators established under [section 726 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section726&num=0&edition=prelim). (2) **Procedures for reviews** — In conducting reviews under this section the Commissioner shall consider, at a minimum— (A) State policies and procedures; (B) guidance materials; (C) decisions resulting from hearings conducted in accordance with due process; (D) State goals established under [section 721(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721/a/15&num=0&edition=prelim) and the extent to which the State has achieved such goals; (E) plans and reports prepared under [section 726(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section726/b&num=0&edition=prelim); (F) consumer satisfaction reviews and analyses described in [section 725(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section725/c/4&num=0&edition=prelim); (G) information provided by the State Rehabilitation Council established under [section 725 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section725&num=0&edition=prelim), if the State has such a Council, or by the commission described in [section 721(a)(21)(A)(i) of this title](https://usco

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 772

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

29 U.S.C. § 780 — Payments to States

**(a) Amount** (1) Except as provided in paragraph (2), from each State’s allotment under this part for any fiscal year, the Commissioner shall pay to a State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for that State approved under [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim), including expenditures for the administration of the State plan. (2) (A) The total of payments under paragraph (1) to a State for a fiscal year may not exceed its allotment under subsection (a) of [section 730 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section730&num=0&edition=prelim) for such year. (B) The amount otherwise payable to a State for a fiscal year under this section shall be reduced by the amount by which expenditures from non-Federal sources under the State plan under this subchapter for any previous fiscal year are less than the total of such expenditures for the second fiscal year preceding that previous fiscal year. (C) The Commissioner may waive or modify any requirement or limitation under subparagraph (B) or [section 721(a)(17) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721/a/17&num=0&edition=prelim) if the Commissioner determines that a waiver or modification is an equitable response to exceptional or uncontrollable circumstances affecting the State. (3) (A) Except as provided in subparagraph (B), the amount of a payment under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share that is applicable in the case of rehabilitation facilit

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

29 U.S.C. § 796f–3 — Savings provision

**(a) Supported employment services** Nothing in this chapter shall be construed to prohibit a State from providing supported employment services in accordance with 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) by using funds made available through a State allotment under [section 730 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section730&num=0&edition=prelim). **(b) Postemployment services** Nothing in this subchapter shall be construed to prohibit a State from providing discrete postemployment services in accordance with 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) by using funds made available through a State allotment under [section 730 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section730&num=0&edition=prelim) to an individual who is eligible under this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 796f–3

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