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29 U.S.C. § 772 — Training

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29 U.S.C. § 772 — Training

Page 273 TITLE 29—LABOR § 772 ment or telecommuting) employed to provide state-of-the-art service delivery and rehabili- tation technology services; (2) conduct special projects and demonstra- tions that expand and improve the provision of rehabilitation and other services (including those services provided through community rehabilitation programs) authorized under this chapter, or that otherwise further the pur- poses of this chapter, including related re- search and evaluation; and (3) provide training and information to indi- viduals with disabilities and the individuals’ representatives, and other appropriate parties to develop the skills necessary for individuals with disabilities to gain access to the rehabili- tation system and statewide workforce devel- opment systems and to become active deci- sionmakers in the rehabilitation process. (b) Competitive basis of grants and contracts The Secretary shall ensure that all grants and contracts are awarded under this subchapter on a competitive basis. (Pub. L. 93–112, title III, § 301, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1183; amended Pub. L. 113–128, title IV, § 441(a), July 22, 2014, 128 Stat. 1672.) Editorial Notes PRIOR PROVISIONS A prior section 771, Pub. L. 93–112, title III, § 301, Sept. 26, 1973, 87 Stat. 377; Pub. L. 93–516, title I, § 104, Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 104, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 4, 11(b)(7), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 94–273, § 3(18), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–602, title I, §§ 112(a), 122(c)(2), Nov. 6, 1978, 92 Stat. 2967, 2987; Pub. L. 98–221, title I, § 131, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title IV, § 401, title X, § 1002(d)(1), Oct. 21, 19

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Page 273 TITLE 29—LABOR § 772 ment or telecommuting) employed to provide state-of-the-art service delivery and rehabili- tation technology services; (2) conduct special projects and demonstra- tions that expand and improve the provision of rehabilitation and other services (including those services provided through community rehabilitation programs) authorized under this chapter, or that otherwise further the pur- poses of this chapter, including related re- search and evaluation; and (3) provide training and information to indi- viduals with disabilities and the individuals’ representatives, and other appropriate parties to develop the skills necessary for individuals with disabilities to gain access to the rehabili- tation system and statewide workforce devel- opment systems and to become active deci- sionmakers in the rehabilitation process. (b) Competitive basis of grants and contracts The Secretary shall ensure that all grants and contracts are awarded under this subchapter on a competitive basis. (Pub. L. 93–112, title III, § 301, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1183; amended Pub. L. 113–128, title IV, § 441(a), July 22, 2014, 128 Stat. 1672.) Editorial Notes PRIOR PROVISIONS A prior section 771, Pub. L. 93–112, title III, § 301, Sept. 26, 1973, 87 Stat. 377; Pub. L. 93–516, title I, § 104, Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 104, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 4, 11(b)(7), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 94–273, § 3(18), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–602, title I, §§ 112(a), 122(c)(2), Nov. 6, 1978, 92 Stat. 2967, 2987; Pub. L. 98–221, title I, § 131, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title IV, § 401, title X, § 1002(d)(1), Oct. 21, 1986, 100 Stat. 1823, 1844; Pub. L. 102–52, § 4(a), June 6, 1991, 105 Stat. 261, related to grants for construction of rehabilitation facilities, staffing, and planning assistance, prior to repeal by Pub. L. 102–569, title III, § 301(b)(2), Oct. 29, 1992, 106 Stat. 4411. A prior section 301 of Pub. L. 93–112 was classified to section 770 of this title prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 771a, Pub. L. 93–112, title III, § 302, for- merly title II, § 203, Sept. 26, 1973, 87 Stat. 376; renum- bered title III, § 304, and amended Pub. L. 95–602, title I, §§ 109(2), 114, Nov. 6, 1978, 92 Stat. 2963, 2970; Pub. L. 98–221, title I, § 133, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV, § 403, title X, § 1002(d)(2), Oct. 21, 1986, 100 Stat. 1810, 1824, 1844; Pub. L. 100–630, title II, § 204(c), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102–52, § 4(c), June 6, 1991, 105 Stat. 261; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat. 607; renumbered § 302 and amended Pub. L. 102–569, title I, § 102(p)(18), title III, §§ 301(b)(3), (4), 302, Oct. 29, 1992, 106 Stat. 4358, 4411; Pub. L. 103–73, title I, § 110(a), Aug. 11, 1993, 107 Stat. 726; Pub. L. 103–218, title IV, § 402(b), Mar. 9, 1994, 108 Stat. 96; Pub. L. 104–66, title I, § 1042(d), Dec. 21, 1995, 109 Stat. 715, related to assistance for training, prior to the general amendment of this subchapter by Pub. L. 105–220. See section 772 of this title. AMENDMENTS 2014—Subsec. (a)(2). Pub. L. 113–128, § 441(a)(1), in- serted ‘‘and’’ at end. Subsec. (a)(3) to (5). Pub. L. 113–128, § 441(a)(2)–(4), re- designated par. (5) as (3), substituted ‘‘workforce devel- opment systems’’ for ‘‘workforce investment systems’’, and struck out former pars. (3) and (4) which read as follows: ‘‘(3) provide vocational rehabilitation services to in- dividuals with disabilities who are migrant or seasonal farmworkers; ‘‘(4) initiate recreational programs to provide rec- reational activities and related experiences for individ- uals with disabilities to aid such individuals in employ- ment, mobility, socialization, independence, and com- munity integration; and’’. § 772. Training (a) Grants and contracts for personnel training (1) Authority The Commissioner shall make grants to, and enter into contracts with, States and public or nonprofit agencies and organizations (includ- ing institutions of higher education) to pay part of the cost of projects to provide training, traineeships, and related activities, including the provision of technical assistance, that are designed to assist in increasing the numbers of, and upgrading the skills of, qualified per- sonnel (especially rehabilitation counselors) who are trained in providing vocational, med- ical, social, and psychological rehabilitation services, who are trained to assist individuals with communication and related disorders, who are trained to provide other services pro- vided under this chapter, to individuals with disabilities, and who may include— (A) personnel specifically trained in pro- viding employment assistance to individuals with disabilities through job development and job placement services; (B) personnel specifically trained to iden- tify, assess, and meet the individual reha- bilitation needs of individuals with disabil- ities, including needs for rehabilitation tech- nology; (C) personnel specifically trained to de- liver services to individuals who may benefit from receiving independent living services; (D) personnel specifically trained to de- liver services in the client assistance pro- grams; (E) personnel specifically trained to de- liver supported employment services and customized employment services to individ- uals with the most significant disabilities; (F) personnel specifically trained to de- liver services to individuals with disabilities pursuing self-employment, business owner- ship, and telecommuting; (G) personnel trained in performing other functions necessary to the provision of voca- tional, medical, social, and psychological re- habilitation services, and other services pro- vided under this chapter; and (H) personnel trained in providing assist- ive technology services. (2) Authority to provide scholarships Grants and contracts under paragraph (1) may be expended for scholarships and may in- clude necessary stipends and allowances. (3) Related Federal statutes In carrying out this subsection, the Commis- sioner may make grants to and enter into con- tracts with States and public or nonprofit agencies and organizations, including institu- tions of higher education, to furnish training regarding provisions of Federal statutes, in- Page 274 TITLE 29—LABOR § 772 cluding section 794 of this title, title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), and the provisions of ti- tles II and XVI of the Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.), that are re- lated to work incentives for individuals with disabilities. (4) Training for statewide workforce systems personnel The Commissioner may make grants to and enter into contracts under this subsection with States and public or nonprofit agencies and organizations, including institutions of higher education, to furnish training to per- sonnel providing services to individuals with disabilities under subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151 et seq.]. Under this paragraph, per- sonnel may be trained— (A) in evaluative skills to determine whether an individual with a disability may be served by the State vocational rehabilita- tion program or another component of a statewide workforce development system; or (B) to assist individuals with disabilities seeking assistance through one-stop delivery systems described in section 121(e) of the Workforce Innovation and Opportunity Act [28 U.S.C. 3151(e)]. (5) Joint funding Training and other activities provided under paragraph (4) for personnel may be jointly funded with the Department of Labor, using funds made available under subtitle B of title I of the Workforce Innovation and Oppor- tunity Act [29 U.S.C. 3151 et seq.]. (b) Grants and contracts for academic degrees and academic certificate granting training projects (1) Authority (A) In general The Commissioner may make grants to, and enter into contracts with, States and public or nonprofit agencies and organiza- tions (including institutions of higher edu- cation) to pay part of the costs of academic training projects to provide training that leads to an academic degree or academic cer- tificate. In making such grants or entering into such contracts, the Commissioner shall target funds to areas determined under sub- section (e) to have shortages of qualified per- sonnel. (B) Types of projects Academic training projects described in this subsection may include— (i) projects to train personnel in the areas of assisting and supporting individ- uals with disabilities pursuing self-em- ployment, business ownership, and tele- commuting, and of vocational rehabilita- tion counseling, rehabilitation technology, rehabilitation medicine, rehabilitation nursing, rehabilitation social work, reha- bilitation psychiatry, rehabilitation psy- chology, rehabilitation dentistry, physical therapy, occupational therapy, speech pa- thology and audiology, physical education, therapeutic recreation, community reha- bilitation programs, prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or low vision therapy; (ii) projects to train personnel to pro- vide— (I) services to individuals with specific disabilities or individuals with disabil- ities who have specific impediments to rehabilitation, including individuals who are members of populations that are unserved or underserved by programs under this chapter; (II) job development and job placement services to individuals with disabilities; (III) supported employment services, including services of employment spe- cialists for individuals with disabilities; (IV) specialized services for individuals with significant disabilities; or (V) recreation for individuals with dis- abilities; (iii) projects to train personnel in other fields contributing to the rehabilitation of individuals with disabilities; and (iv) projects to train personnel in the use, applications, and benefits of rehabili- tation technology. (2) Application No grant shall be awarded or contract en- tered into under this subsection unless the ap- plicant has submitted to the Commissioner an application at such time, in such form, in ac- cordance with such procedures, and including such information as the Secretary may re- quire, including— (A) a description of how the designated State unit or units will participate in the project to be funded under the grant or con- tract, including, as appropriate, participa- tion on advisory committees, as practicum sites, in curriculum development, and in other ways so as to build closer relationships between the applicant and the designated State unit and to encourage students to pur- sue careers in public vocational rehabilita- tion programs; (B) the identification of potential employ- ers that provide employment that meets the requirements of paragraph (5)(A)(i); and (C) an assurance that data on the employ- ment of graduates or trainees who partici- pate in the project is accurate. (3) Limitation (A) In general Except as provided in subparagraph (B), no grant or contract under this subsection may be used to provide any one course of study to an individual for a period of more than 4 years. (B) Exception If a grant or contract recipient under this subsection determines that an individual has a disability which seriously affects the com- pletion of training under this subsection, the grant or contract recipient may extend the period referred to in subparagraph (A). Page 275 TITLE 29—LABOR § 772 (4) Authority to provide scholarships Grants and contracts under paragraph (1) may be expanded to provide services that in- clude the provision of scholarships and nec- essary stipends and allowances. (5) Agreements (A) Contents A recipient of a grant or contract under this subsection shall provide assurances to the Commissioner that each individual who receives a scholarship, for any academic year beginning after June 1, 1992, utilizing funds provided under such grant or contract shall enter into an agreement with the re- cipient under which the individual shall— (i) maintain employment— (I) in a nonprofit rehabilitation agency or related agency or in a State rehabili- tation agency or related agency, includ- ing a professional corporation or profes- sional practice group through which the individual has a service arrangement with the designated State agency; (II) on a full- or part-time basis; and (III) for a period of not less than the full-time equivalent of 2 years for each year for which assistance under this sec- tion was received by the individual, within a period, beginning after the recipi- ent completes the training for which the scholarship was awarded, of not more than the sum of the number of years in the pe- riod described in subclause (III) and 2 addi- tional years; and (ii) repay all or part of any scholarship received, plus interest, if the individual does not fulfill the requirements of clause (i), except as the Commissioner by regulation may provide for repayment exceptions and deferrals. (B) Enforcement The Commissioner shall be responsible for the enforcement of each agreement entered into under subparagraph (A) upon comple- tion of the training involved under such sub- paragraph. (c) Grants to historically Black colleges and uni- versities The Commissioner, in carrying out this sec- tion, shall make grants to historically Black colleges and universities and other institutions of higher education whose minority student en- rollment is at least 50 percent of the total en- rollment of the institution. (d) Application A grant may not be awarded to a State or other organization under this section unless the State or organization has submitted an applica- tion to the Commissioner at such time, in such form, in accordance with such procedures, and containing such information as the Commis- sioner may require. Any such application shall include a detailed description of strategies that will be utilized to recruit and train individuals so as to reflect the diverse populations of the United States as part of the effort to increase the number of individuals with disabilities, and individuals who are from linguistically and cul- turally diverse backgrounds, who are available to provide rehabilitation services. (e) Evaluation and collection of data The Commissioner shall evaluate the impact of the training programs conducted under this section, and collect information on the training needs of, and data on shortages of qualified per- sonnel necessary to provide services to individ- uals with disabilities. The Commissioner shall prepare and submit to Congress, by September 30 of each fiscal year, a report setting forth and justifying in detail how the funds made avail- able for training under this section for the fiscal year prior to such submission are allocated by professional discipline and other program areas. The report shall also contain findings on such personnel shortages, how funds proposed for the succeeding fiscal year will be allocated under the President’s budget proposal, and how the findings on personnel shortages justify the allo- cations. (f) Grants for the training of interpreters (1) Authority (A) In general For the purpose of training a sufficient number of qualified interpreters to meet the communications needs of individuals who are deaf or hard of hearing, and individuals who are deaf-blind, the Commissioner, act- ing through a Federal office responsible for deafness and communicative disorders, may award grants to public or private nonprofit agencies or organizations to pay part of the costs— (i) for the establishment of interpreter training programs; or (ii) to enable such agencies or organiza- tions to provide financial assistance for ongoing interpreter training programs. (B) Geographic areas The Commissioner shall award grants under this subsection for programs in geo- graphic areas throughout the United States that the Commissioner considers appro- priate to best carry out the objectives of this section. (C) Priority In awarding grants under this subsection, the Commissioner shall give priority to pub- lic or private nonprofit agencies or organiza- tions with existing programs that have a demonstrated capacity for providing inter- preter training services. (D) Funding The Commissioner may award grants under this subsection through the use of— (i) amounts appropriated to carry out this section; or (ii) pursuant to an agreement with the Director of the Office of the Special Edu- cation Program (established under section 1402 of title 20), amounts appropriated under section 1486 of title 20. (2) Application A grant may not be awarded to an agency or organization under paragraph (1) unless the Page 276 TITLE 29—LABOR § 772 agency or organization has submitted an ap- plication to the Commissioner at such time, in such form, in accordance with such proce- dures, and containing such information as the Commissioner may require, including— (A) a description of the manner in which an interpreter training program will be de- veloped and operated during the 5-year pe- riod following the date on which a grant is received by the applicant under this sub- section; (B) a demonstration of the applicant’s ca- pacity or potential for providing training for interpreters for individuals who are deaf or hard of hearing, and individuals who are deaf-blind; (C) assurances that any interpreter trained or retrained under a program funded under the grant will meet such minimum stand- ards of competency as the Commissioner may establish for purposes of this sub- section; and (D) such other information as the Commis- sioner may require. (g) Technical assistance (1) Technical assistance The Commissioner is authorized to provide technical assistance to State designated agen- cies and community rehabilitation programs, directly or through contracts with State des- ignated agencies or nonprofit organizations. Any technical assistance provided to commu- nity rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities. (2) Compensation An expert or consultant appointed or serving under contract pursuant to this section shall be compensated at a rate, subject to approval of the Commissioner, that shall not exceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5. Such an expert or consultant may be allowed travel and trans- portation expenses in accordance with section 5703 of title 5. (h) Provision of information The Commissioner, subject to the provisions of section 776 of this title, may require that re- cipients of grants or contracts under this sec- tion provide information, including data, with regard to the impact of activities funded under this section. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020. (Pub. L. 93–112, title III, § 302, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1184; amended Pub. L. 108–446, title III, § 305(h)(4), Dec. 3, 2004, 118 Stat. 2805; Pub. L. 113–128, title IV, § 441(b), July 22, 2014, 128 Stat. 1672.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsec. (a)(3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter 126 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Social Security Act, referred to in subsec. (a)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Ti- tles II and XVI of the Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), re- spectively, of chapter 7 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. The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (a)(4) and (5), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Subtitle B of title I of the Act is classified generally to part B (§ 3151 et seq.) of sub- chapter I of chapter 32 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 771a of this title prior to the general amend- ment of this subchapter by Pub. L. 105–220. A prior section 772, Pub. L. 93–112, title III, § 303, for- merly § 302, Sept. 26, 1973, 87 Stat. 378; Pub. L. 93–516, title I, § 105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 105, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 5, 11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 95–602, title I, §§ 112(b), 122(c)(3), Nov. 6, 1978, 92 Stat. 2968, 2987; Pub. L. 98–221, title I, § 132, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV, § 402, title X, § 1001(d)(1), Oct. 21, 1986, 100 Stat. 1810, 1824, 1842; Pub. L. 100–630, title II, § 204(b), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102–52, § 4(b), June 6, 1991, 105 Stat. 261; renumbered § 303 and amended Pub. L. 102–569, title I, § 102(p)(16), title III, §§ 301(b)(3), 303, Oct. 29, 1992, 106 Stat. 4358, 4411, 4416, related to vocational rehabilita- tion services for individuals with disabilities, prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 302 of Pub. L. 93–112 was classified to section 771a of this title prior to the general amend- ment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(1)(E). Pub. L. 113–128, § 441(b)(1)(A)(i), substituted ‘‘supported employment services and cus- tomized employment services to individuals with the most significant disabilities;’’ for ‘‘services, through supported employment programs, to individuals with a most significant disability; and’’. Subsec. (a)(1)(H). Pub. L. 113–128, § 441(b)(1)(A)(ii)–(iv), added subpar. (H). Subsec. (a)(4). Pub. L. 113–128, § 441(b)(1)(B)(i), sub- stituted ‘‘subtitle B of title I of the Workforce Innova- tion and Opportunity Act’’ for ‘‘title I of the Workforce Investment Act of 1998’’ in introductory provisions. Subsec. (a)(4)(A). Pub. L. 113–128, § 441(b)(1)(B)(ii), sub- stituted ‘‘workforce development system’’ for ‘‘work- force investment system’’. Subsec. (a)(4)(B). Pub. L. 113–128, § 441(b)(1)(B)(iii), substituted ‘‘section 121(e) of the Workforce Innovation and Opportunity Act.’’ for ‘‘section 134(c) of the Work- force Investment Act of 1998.’’ Subsec. (a)(5). Pub. L. 113–128, § 441(b)(1)(C), sub- stituted ‘‘subtitle B of title I of the Workforce Innova- tion and Opportunity Act’’ for ‘‘title I of the Workforce Investment Act of 1998’’. Subsec. (b)(1)(B)(i). Pub. L. 113–128, § 441(b)(2), sub- stituted ‘‘prosthetics and orthotics, vision rehabilita- tion therapy, orientation and mobility instruction, or low vision therapy’’ for ‘‘or prosthetics and orthotics’’. Subsec. (g). Pub. L. 113–128, § 441(b)(3)(A), struck out ‘‘and in-service training’’ after ‘‘assistance’’ in heading. Page 277 TITLE 29—LABOR § 773 Subsec. (g)(1). Pub. L. 113–128, § 441(b)(3)(B), inserted after period at end ‘‘Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities.’’ Subsec. (g)(3). Pub. L. 113–128, § 441(b)(3)(C), struck out par. (3) which related to use of funding for projects for in-service training for rehabilitation personnel. Subsec. (h). Pub. L. 113–128, § 441(b)(4), made technical amendment to reference in original act which appears in text as reference to section 776 of this title. Subsec. (i). Pub. L. 113–128, § 441(b)(5), substituted ‘‘$33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020.’’ for ‘‘such sums as may be nec- essary for each of the fiscal years 1999 through 2003.’’ 2004—Subsec. (f)(1)(D)(ii). Pub. L. 108–446 made tech- nical amendment to reference in original act which ap- pears in text as reference to section 1402 of title 20. § 773. Demonstration and training programs (a) Demonstration projects to increase client choice (1) Grants The Commissioner may make grants to States and public or nonprofit agencies and or- ganizations to pay all or part of the costs of projects to demonstrate ways to increase cli- ent choice in the rehabilitation process, in- cluding the selection of providers of voca- tional rehabilitation services. (2) Use of funds An entity that receives a grant under this subsection shall use the grant only— (A) for activities that are directly related to planning, operating, and evaluating the demonstration projects; and (B) to supplement, and not supplant, funds made available from Federal and non-Fed- eral sources for such projects. (3) Application Any eligible entity that desires to receive a grant under this subsection shall submit an application at such time, in such manner, and containing such information and assurances as the Commissioner may require, including— (A) a description of— (i) how the entity intends to promote in- creased client choice in the rehabilitation process, including a description, if appro- priate, of how an applicant will determine the cost of any service or product offered to an eligible client; (ii) how the entity intends to ensure that any vocational rehabilitation service or related service is provided by a qualified provider who is accredited or meets such other quality assurance and cost-control criteria as the State may establish; and (iii) the outreach activities to be con- ducted by the applicant to obtain eligible clients; and (B) assurances that a written plan will be established with the full participation of the client, which plan shall, at a minimum, in- clude— (i) a statement of the vocational reha- bilitation goals to be achieved; (ii) a statement of the specific voca- tional rehabilitation services to be pro- vided, the projected dates for their initi- ation, and the anticipated duration of each such service; and (iii) objective criteria, an evaluation pro- cedure, and a schedule, for determining whether such goals are being achieved. (4) Award of grants In selecting entities to receive grants under paragraph (1), the Commissioner shall take into consideration— (A) the diversity of strategies used to in- crease client choice, including selection among qualified service providers; (B) the geographic distribution of projects; and (C) the diversity of clients to be served. (5) Records Entities that receive grants under paragraph (1) shall maintain such records as the Commis- sioner may require and comply with any re- quest from the Commissioner for such records. (6) Direct services At least 80 percent of the funds awarded for any project under this subsection shall be used for direct services, as specifically chosen by eligible clients. (7) Evaluation The Commissioner may conduct an evalua- tion of the demonstration projects with re- spect to the services provided, clients served, client outcomes obtained, implementation issues addressed, the cost-effectiveness of the project, and the effects of increased choice on clients and service providers. The Commis- sioner may reserve funds for the evaluation for a fiscal year from the amounts appro- priated to carry out projects under this sec- tion for the fiscal year. (8) Definitions For the purposes of this subsection: (A) Direct services The term ‘‘direct services’’ means voca- tional rehabilitation services, as described in section 723(a) of this title. (B) Eligible client The term ‘‘eligible client’’ means an indi- vidual with a disability, as defined in section 705(20)(A) of this title, who is not currently receiving services under an individualized plan for employment established through a designated State unit. (b) Special demonstration programs (1) Grants; contracts The Commissioner, subject to the provisions of section 776 of this title, may provide grants to, or enter into contracts with, eligible enti- ties to pay all or part of the cost of programs that expand and improve the provision of re- habilitation and other services authorized under this chapter or that further the pur- poses of the chapter, including related re- search and evaluation activities. (2) Eligible entities; terms and conditions (A) Eligible entities To be eligible to receive a grant, or enter into a contract, under paragraph (1), an enti-

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

29 U.S.C. § 3151 — Funding of State and local boards

**(a) State boards** In funding a State board under this part, a State— (1) shall use funds available as described in section 3164(b)(3) or 3174(a)(3)(B) of this title; and (2) may use non-Federal funds available to the State that the State determines are appropriate and available for that use. **(b) Local boards** In funding a local board under this part, the chief elected official and local board for the local area— (1) shall use funds available as described in [section 3163(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3163/b/4&num=0&edition=prelim); and (2) may use non-Federal funds available to the local area that the chief elected official and local board determine are appropriate and available for that use.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3151

Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 3151. This identifies an authority to review, not proof of applicability.

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

29 U.S.C. § 3151 — Establishment of one-stop delivery sys-

Page 853 TITLE 29—LABOR § 3151 ment pay-for-performance contract strategies for the delivery of training services described in section 3174(c)(3) of this title or activities de- scribed in section 3164(c)(2) of this title in the local areas served by the local boards. (i) Fiscal and management accountability infor- mation systems (1) In general Using funds authorized under a core program and made available to carry out this subpart, the Governor, in coordination with the State board, the State agencies administering the core programs, local boards, and chief elected officials in the State, shall establish and oper- ate a fiscal and management accountability information system based on guidelines estab- lished by the Secretary of Labor and the Sec- retary of Education after consultation with the Governors of States, chief elected officials, and one-stop partners. Such guidelines shall promote efficient collection and use of fiscal and management information for reporting and monitoring the use of funds authorized under the core programs and for preparing the annual report described in subsection (d). (2) Wage records In measuring the progress of the State on State and local performance accountability measures, a State shall utilize quarterly wage records, consistent with State law. The Sec- retary of Labor shall make arrangements, con- sistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d). (3) Confidentiality In carrying out the requirements of this Act, the State shall comply with section 1232g of title 20. (Pub. L. 113–128,

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 3151

Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 3151. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 12111 — Findings and purpose

**(a) Findings** The Congress finds that— (1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services; (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination; (5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferio

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12111

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 12111. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 12111 — Definitions

Page 8240 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12103 (D) An impairment that is episodic or in remission is a disability if it would substan- tially limit a major life activity when ac- tive. (E)(i) The determination of whether an im- pairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as— (I) medication, medical supplies, equip- ment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and coch- lear implants or other implantable hearing devices, mobility devices, or oxygen ther- apy equipment and supplies; (II) use of assistive technology; (III) reasonable accommodations or aux- iliary aids or services; or (IV) learned behavioral or adaptive neu- rological modifications. (ii) The ameliorative effects of the miti- gating measures of ordinary eyeglasses or contact lenses shall be considered in deter- mining whether an impairment substan- tially limits a major life activity. (iii) As used in this subparagraph— (I) the term ‘‘ordinary eyeglasses or con- tact lenses’’ means lenses that are in- tended to fully correct visual acuity or eliminate refractive error; and (II) the term ‘‘low-vision devices’’ means devices that magnify, enhance, or other- wise augment a visual image. (Pub. L. 101–336, § 3, July 26, 1990, 104 Stat. 329; Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12111

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 12111. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 401 — Trust Funds

**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 401

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 401. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 401 — Trust Funds

Page 1800 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 § 401. Trust Funds (a) Federal Old-Age and Survivors Insurance Trust Fund There is hereby created on the books of the Treasury of the United States a trust fund to be known as the ‘‘Federal Old-Age and Survivors Insurance Trust Fund’’. The Federal Old-Age and Survivors Insurance Trust Fund shall con- sist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is au- thorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or de- posited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old- Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fis- cal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under sub- chapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by col- lectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes re- ceived under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before Ja

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 401

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 401. This identifies an authority to review, not proof of applicability.