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29 U.S.C. § 730 — Evaluation

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

29 U.S.C. § 730 — Evaluation

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Source location: Title 29, Chapter 16, § 730; chapter-016-vocational-rehabilitation-and-other-rehabilitation-services.md

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**(a) Statement of purpose; standards; persons eligible to conduct evaluations** For the purpose of improving program management and effectiveness, the Secretary of Education, in consultation with the Commissioner, shall evaluate all the programs authorized by this chapter, their general effectiveness in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, using appropriate methodology and evaluative research designs. The Secretary of Education shall establish and use standards for the evaluations required by this subsection. Such an evaluation shall be conducted by a person not immediately involved in the administration of the program evaluated. **(b) Opinions of participants; data as property of United States; availability of information** (1) In carrying out evaluations under this section, the Secretary of Education shall obtain the opinions of program and project participants about the strengths and weaknesses of the programs and projects. (2) The Secretary of Education shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds under this chapter shall become the property of the United States. (3) Such information as the Secretary of Education may determine to be necessary for purposes of the evaluations conducted under this section shall be made available upon request of the Secretary of Education, by the departments and agencies of the executive branch. **(c) Longitudinal study** (1) To assess the linkages between vocational rehabilitation services and economic and noneconomic outcomes, the Secretary of Education shall continue to conduct a longitudinal study of a national sample of applicants for the services. (2) The study shall address factors related to attrition and completion of the program through which the services are provided and factors within and outside the program affecting results. Appropriate comparisons shall be used to contrast the experiences of similar persons who do not obtain the services. (3) The study shall be planned to cover the period beginning on the application of individuals with disabilities for the services, through the eligibility determination and provision of services for the individuals, and a further period of not less than 2 years after the termination of services. **(d) Information on exemplary practices** (1) The Commissioner shall identify and disseminate information on exemplary practices concerning vocational rehabilitation. (2) To facilitate compliance with paragraph (1), the Commissioner shall conduct studies and analyses that identify exemplary practices concerning vocational rehabilitation, including studies in areas relating to providing informed choice in the rehabilitation process, promoting consumer satisfaction, promoting job placement and retention, providing supported employment, providing services to particular disability populations, financing personal assistance services, providing assistive technology devices and assistive technology services, entering into cooperative agreements, establishing standards and certification for community rehabilitation programs, converting from nonintegrated to competitive integrated employment, and providing caseload management. **(e) Authorities and responsibilities of Secretary of Education and Commissioner** (1) The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (a) and (b). (2) The Administrator of the Administration for Community Living may carry out the authorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and (d)(1), except that, for purposes of applying those subsections, a reference in those subsections to exemplary practices shall be considered to be a reference to exemplary practices concerning independent living services and centers for independent living. **(f) References to “this chapter”** (1) In subsections (a) through (d), a reference to “this chapter” means a provision of this chapter that the Secretary of Education has authority to carry out; and (2) In subsection (e), for purposes of applying subsections (a), (b), and (d), a reference in those subsections to “this chapter” means a provision of this chapter that the Secretary of Health and Human Services has authority to carry out. **(g) Authorization of appropriations** There are authorized to be appropriated to carry out this section such sums as may be necessary.

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

29 U.S.C. § 709 — Grants to centers for independent living in States in which State funding equals or exceeds Federal funding

**(a) Establishment** (1) **In general** (A) *Initial year* (i) *Determination* — The director of a designated State unit, as provided in paragraph (2), or the Administrator, as provided in paragraph (3), shall award grants under this section for an initial fiscal year if the Administrator determines that the amount of State funds that were earmarked by a State for a preceding fiscal year to support the general operation of centers for independent living meeting the requirements of this subpart equaled or exceeded the amount of funds allotted to the State under subsection (c) or (d) of [section 796f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796f&num=0&edition=prelim) for such year. (ii) *Grants* — The director of a designated State unit or the Administrator, as appropriate, shall award such grants, from the amount of funds so allotted for the initial fiscal year, to eligible agencies in the State for the planning, conduct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in [section 796f–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796f-4&num=0&edition=prelim). (iii) *Regulation* — The Administrator shall by regulation specify the preceding fiscal year with respect to which the Administrator will make the determinations described in clause (i) and subparagraph (B), making such adjustments as may be necessary to accommodate State funding cycles such as 2-year funding cycles or State fiscal years that do not coincide with the Federal fiscal year. (B) *Subsequent years* — For each year subsequent to the initial fiscal year described in subparagraph (A), the director of the designated S

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 709

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

29 U.S.C. § 713 — Authorization of appropriations

There are authorized to be appropriated to carry out this subpart $78,305,000 for fiscal year 2015, $84,353,000 for fiscal year 2016, $86,104,000 for fiscal year 2017, $88,013,000 for fiscal year 2018, $90,083,000 for fiscal year 2019, and $91,992,000 for fiscal year 2020.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 713

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

29 U.S.C. § 725 — Allotment percentage

**(a)** (1) For purposes of [section 730 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section730&num=0&edition=prelim), the allotment percentage for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that— (A) the allotment percentage shall in no case be more than 75 per centum or less than 33⅓ per centum; and (B) the allotment percentage for the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be 75 per centum. (2) The allotment percentages shall be promulgated by the Secretary of Education between October 1 and December 31 of each even-numbered year, on the basis of the average of the per capita incomes of the States and of the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the 2 fiscal years in the period beginning on the October 1 next succeeding such promulgation. (3) The term “United States” means (but only for purposes of this subsection) the 50 States and the District of Columbia. **(b)** The population of the several States and of the United States shall be determined on the basis of the most recent data available, to be furnished by the Department of Commerce by October 1 of the year preceding the fiscal year for which funds are appropriated pursuant to statutory authorizations.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 725

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

29 U.S.C. § 762a — State plans

**(a) Plan requirements** (1) **In general** (A) *Submission* — To be eligible to receive funds under this subchapter for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor, a unified State plan in accordance with section 102, or a combined State plan in accordance with section 103, of the Workforce Innovation and Opportunity Act [[29 U.S.C. 3112](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3112&num=0&edition=prelim), 3113]. The unified or combined State plan shall include, in the portion of the plan described in section 102(b)(2)(D) of such Act [[29 U.S.C. 3112(b)(2)(D)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3112/b/2/D&num=0&edition=prelim)] (referred to in this subsection as the “vocational rehabilitation services portion”), the provisions of a State plan for vocational rehabilitation services, described in this subsection. (B) *Nonduplication* — The State shall not be required to submit, as part of the vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A), policies, procedures, or descriptions required under this subchapter that have been previously submitted to the Commissioner and that demonstrate that such State meets the requirements of this subchapter, including any policies, procedures, or descriptions submitted under this subchapter as in effect on the day before the effective date of the Workforce Innovation and Opportunity Act. (C) *Duration* — The vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A) shall remain in effect until the State submits and receives approval of a new State plan

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

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

29 U.S.C. § 773 — Expenditure of certain amounts

**(a) Expenditure** Amounts described in subsection (b) may not be expended by a State for any purpose other than carrying out programs for which the State receives financial assistance under this subchapter, under subchapter VI, or under subchapter VII. **(b) Amounts** The amounts referred to in subsection (a) are amounts provided to a State under the Social Security Act ([42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.) as reimbursement for the expenditure of payments received by the State from allotments under [section 730 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section730&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 773

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 780

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

29 U.S.C. § 797 to 797b — Statewide Independent Living Council

**(a) Establishment** To be eligible to receive financial assistance under this part, each State shall establish and maintain a Statewide Independent Living Council (referred to in this section as the “Council”). The Council shall not be established as an entity within a State agency. **(b) Composition and appointment** (1) **Appointment** — Members of the Council shall be appointed by the Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this chapter in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. (2) **Composition** — The Council shall include— (A) among its voting members, at least 1 director of a center for independent living chosen by the directors of centers for independent living within the State; (B) among its voting members, for a State in which 1 or more centers for independent living are run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations, at least 1 representative of the directors of such centers; and (C) as ex officio, nonvoting members, a representative of the designated State entity, and representatives from State agencies that provide services for individuals with disabilities. (3) **Additional members** — The Council may include— (A) other representatives from centers for independent living; (B) individuals with disabilities; (C) parents and guard

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 797 to 797b

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

42 U.S.C. § 1396n — Compliance with State plan and payment provisions

**(a) Activities deemed as compliance** A State shall not be deemed to be out of compliance with the requirements of paragraphs (1), (10), or (23) of [section 1396a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a&num=0&edition=prelim) solely by reason of the fact that the State (or any political subdivision thereof)— (1) has entered into— (A) a contract with an organization which has agreed to provide care and services in addition to those offered under the State plan to individuals eligible for medical assistance who reside in the geographic area served by such organization and who elect to obtain such care and services from such organization, or by reason of the fact that the plan provides for payment for rural health clinic services only if those services are provided by a rural health clinic; or (B) arrangements through a competitive bidding process or otherwise for the purchase of laboratory services referred to in [section 1396d(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/a/3&num=0&edition=prelim) or medical devices if the Secretary has found that— (i) adequate services or devices will be available under such arrangements, and (ii) any such laboratory services will be provided only through laboratories— (I) which meet the applicable requirements of [section 1395x(e)(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/e/9&num=0&edition=prelim) or paragraphs (16) and (17) of [section 1395x(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/s&num=0&edition=prelim), and such additional requirements as the Secretary may require, and

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396n

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

29 U.S.C. § 730 — State allotments

Page 247 TITLE 29—LABOR § 730 1 So in original. ment for the expenditure of payments received by the State from allotments under section 730 of this title. (Pub. L. 93–112, title I, § 108, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 113–128, title IV, § 417(b), July 22, 2014, 128 Stat. 1655.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 728, Pub. L. 93–112, title I, § 108, as added Pub. L. 102–569, title I, § 129(a), Oct. 29, 1992, 106 Stat. 4389, related to expenditure of certain amounts, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128 substituted ‘‘under subchapter VI’’ for ‘‘under part B of subchapter VI’’. Statutory Notes and Related Subsidiaries DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. § 728a. Training and services for employers A State may expend payments received under section 731 of this title to educate and provide services to employers who have hired or are in- terested in hiring individuals with disabilities under programs carried out under this sub- chapter, including— (1) providing training and technical assist- ance to employers regarding the employment of individuals with disabilities, including dis- ability awareness, and the requirements of the Americans

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 730

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