29 U.S.C. § 795h — Allotments

Page 313 TITLE 29—LABOR § 795h amended Pub. L. 98–221, title I, § 161, Feb. 22, 1984, 98 Stat. 29; Pub. L. 99–506, title VII, § 702, Oct. 21, 1986, 100 Stat. 1831; Pub. L. 102–52, § 7(a), June 6, 1991, 105 Stat. 262; Pub. L. 102–569, title VI, § 604, Oct. 29, 1992, 106 Stat. 4434, authorized appropriations. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘Employ- ment Opportunities for Individuals With Disabilities Act’’, see section 601 of Pub. L. 93–112, as amended, set out as a note under section 701 of this title. § 795g. Purpose It is the purpose of this subchapter to author- ize allotments, in addition to grants for voca- tional rehabilitation services under subchapter I, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employ- ment outcome of supported employment in com- petitive integrated employment. (Pub. L. 93–112, title VI, § 602, formerly § 621, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(12)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 602 and amended Pub. L. 113–128, title IV, § 461(3), (4), July 22, 2014, 128 Stat. 1679.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 795j of this title prior to the general amend- ment of this subchapter by Pub. L. 105–220. A prior section 795g, Pub. L. 93–112, title VI, § 621, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2993; amended Pub. L. 98–221, title I, §§ 162, 163, Feb. 22, 1984, 98 Stat. 29, 30; Pub. L. 99–506, title I, § 103(d)(2)(B), (C), title VII, § 703(a)(1)–(3), (b)–(d), Oct. 21, 1986, 100 Stat. 1810, 1831, 1832; Pub. L. 100–630, title II, § 207(b), Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102–569, title VI, § 611, Oct. 29, 1992, 106 Stat. 4434, related to Projects With In- dustry, prior to the general amendment of this sub- chapter by Pub. L. 105–220. AMENDMENTS 2014—Pub. L. 113–128, § 461(4), substituted ‘‘this sub- chapter’’ for ‘‘this part’’ and ‘‘individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported em- ployment in competitive integrated employment.’’ for ‘‘individuals with the most significant disabilities to enable such individuals to achieve the employment outcome of supported employment.’’ 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original. § 795h. Allotments (a) In general (1) States The Secretary shall allot the sums appro- priated for each fiscal year to carry out this subchapter among the States on the basis of relative population of each State, except that— (A) no State shall receive less than $250,000, or 1⁄3 of 1 percent of the sums appro- priated for the fiscal year for which the al- lotment is made, whichever amount is great- er; and (B) if the sums appropriated to carry out this subchapter for the fiscal year exceed by $1,000,000 or more the sums appropriated to carry out part B of this subchapter (as in ef- fect on September 30, 1992) in fiscal year 1992, no State shall receive less than $300,000, or 1⁄3 of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater. (2) Certain territories (A) In general For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be con- sidered to be States. (B) Allotment Each jurisdiction described in subpara- graph (A) shall be allotted not less than 1⁄8 of 1 percent of the amounts appropriated for the fiscal year for which the allotment is made. (b) Reallotment Whenever the Commissioner determines that any amount of an allotment to a State under subsection (a) for any fiscal year will not be ex- pended by such State for carrying out the provi- sions of this subchapter, the Commissioner shall make such amount available for carrying out the provisions of this subchapter to 1 or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as de- termined under the preceding provisions of this section) for such year. (c) Limitations on administrative costs A State that receives an allotment under this subchapter shall not use more than 2.5 percent of such allotment to pay for administrative costs. (d) Services for youth with the most significant disabilities A State that receives an allotment under this subchapter shall reserve and expend half of such allotment for the provision of supported employ- ment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an em- ployment outcome in supported employment. (Pub. L. 93–112, title VI, § 603, formerly § 622, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(13)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 603 and amended Pub. L. 113–128, title IV, § 461(3), (5), July 22, 2014, 128 Stat. 1679.) Editorial Notes REFERENCES IN TEXT Part B of this subchapter (as in effect on September 30, 1992), referred to in subsec. (a)(1)(B), consisted of Page 314 TITLE 29—LABOR § 795i 1 See References in Text note below. sections 795g to 795i and related to projects with indus- try and business opportunities for individuals with handicaps. PRIOR PROVISIONS Provisions similar to this section were contained in section 795k of this title prior to the general amend- ment of this subchapter by Pub. L. 105–220. A prior section 795h, Pub. L. 93–112, title VI, § 622, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2994, and amended, which related to business opportuni- ties for individuals with disabilities and promulgation of regulations, was renumbered section 641 of Pub. L. 93–112, by Pub. L. 102–569, title VI, § 612(a)(2), (3), Oct. 29, 1992, 106 Stat. 4438, and transferred to section 795r of this title, prior to the general amendment of this sub- chapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–128, § 461(5)(A)(i)(I), substituted ‘‘subchapter’’ for ‘‘part’’ in introductory provisions. Subsec. (a)(1)(A). Pub. L. 113–128, § 461(5)(A)(i)(II), in- serted ‘‘amount’’ after ‘‘whichever’’. Subsec. (a)(1)(B). Pub. L. 113–128, § 461(5)(A)(i)(III), substituted ‘‘subchapter for the fiscal year’’ for ‘‘part for the fiscal year’’ and ‘‘part B of this subchapter (as in effect on September 30, 1992) in fiscal year 1992’’ for ‘‘this part in fiscal year 1992’’ and inserted ‘‘amount’’ after ‘‘whichever’’. Subsec. (a)(2)(B). Pub. L. 113–128, § 461(5)(A)(ii), sub- stituted ‘‘1⁄8 of 1 percent’’ for ‘‘one-eighth of one per- cent’’. Subsec. (b). Pub. L. 113–128, § 461(5)(B), inserted ‘‘under subsection (a)’’ after ‘‘allotment to a State’’, substituted ‘‘subchapter’’ for ‘‘part’’ in two places, and substituted ‘‘1 or more’’ for ‘‘one or more’’. Subsecs. (c), (d). Pub. L. 113–128, § 461(5)(C), added sub- secs. (c) and (d). 1998—Pub. L. 105–277 made technical amendment in original to section designation and catchline. § 795i. Availability of services (a) Supported employment services Funds provided under this subchapter may be used to provide supported employment services to individuals who are eligible under this sub- chapter. (b) Extended services (1) In general Except as provided in paragraph (2), funds provided under this subchapter, or subchapter I, may not be used to provide extended serv- ices to individuals under this subchapter or subchapter I. (2) Extended services for youth with the most significant disabilities Funds allotted under this subchapter, or subchapter I, and used for the provision of services under this subchapter to youth with the most significant disabilities pursuant to section 795h(d) of this title, may be used to provide extended services to youth with the most significant disabilities. Such extended services shall be available for a period not to exceed 4 years. (Pub. L. 93–112, title VI, § 604, as added Pub. L. 113–128, title IV, § 461(6), July 22, 2014, 128 Stat. 1680.) Editorial Notes PRIOR PROVISIONS A prior section 795i, Pub. L. 93–112, title VI, § 604, for- merly § 623, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(14)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 604, Pub. L. 113–128, title IV, § 461(3), July 22, 2014, 128 Stat. 1679, related to avail- ability of services, prior to repeal by Pub. L. 113–128, title IV, § 461(6), July 22, 2014, 128 Stat. 1680. Provisions similar to prior section 795i were contained in section 795l of this title prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 795i, Pub. L. 93–112, title VI, § 622, formerly § 623, as added Pub. L. 95–602, title II, § 201, Nov. 6, 1978, 92 Stat. 2994; amended Pub. L. 98–221, title I, § 164, Feb. 22, 1984, 98 Stat. 30; Pub. L. 99–506, title VII, § 704, Oct. 21, 1986, 100 Stat. 1834; Pub. L. 100–630, title II, § 207(d), Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102–52, § 7(b), June 6, 1991, 105 Stat. 262; renumbered § 622 and amended Pub. L. 102–569, title VI, § 613(a), Oct. 29, 1992, 106 Stat. 4439, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 105–220. § 795j. Eligibility An individual, including a youth with a dis- ability, shall be eligible under this subchapter to receive supported employment services au- thorized under this chapter if— (1) the individual is eligible for vocational rehabilitation services under subchapter I; (2) the individual is determined to be an in- dividual with a most significant disability; (3) for purposes of activities carried out with funds described in section 795h(d) of this title, the individual is a youth with a disability, as defined in section 705(42) of this title; 1 and (4) a comprehensive assessment of the reha- bilitation needs of the individual described in section 705(2)(B) of this title, including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for the indi- vidual. (Pub. L. 93–112, title VI, § 605, formerly § 624, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(15)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 605 and amended Pub. L. 113–128, title IV, § 461(3), (7), July 22, 2014, 128 Stat. 1679, 1680.) Editorial Notes REFERENCES IN TEXT Section 705(42) of this title, referred to in par. (3), was in the original ‘‘section (7)(42)’’, and was translated as meaning section 7(42) of the Rehabilitation Act of 1973, which is classified to section 705(42) of this title, to re- flect the probable intent of Congress. PRIOR PROVISIONS Provisions similar to this section were contained in section 795m of this title prior to the general amend- ment of this subchapter by Pub. L. 105–220. A prior section 795j, Pub. L. 93–112, title VI, § 631, as added Pub. L. 102–569, title VI, § 621(a), Oct. 29, 1992, 106 Stat. 4439, stated purpose of program for supported em- ployment services for individuals with severe disabil- ities, prior to the general amendment of this sub- chapter by Pub. L. 105–220. See section 795g of this title. Another prior section 795j, Pub. L. 93–112, title VI, § 631, as added Pub. L. 99–506, title VII, § 704(a)(1), Oct. 21, 1986, 100 Stat. 1834, outlined the purpose of former part C of this subchapter, prior to repeal by Pub. L. 102–569, § 621(a).