29 U.S.C. § 796k — Program of grants

Page 337 TITLE 29—LABOR § 796k may require. The Commissioner shall provide for peer review of applications by panels that in- clude persons who are not government employ- ees and who have experience in the provision of services to older individuals who are blind. (Pub. L. 93–112, title VII, § 751A, as added Pub. L. 113–128, title IV, § 486, July 22, 2014, 128 Stat. 1693.) § 796k. Program of grants (a) In general (1) Authority for grants Subject to subsections (b) and (c), the Com- missioner may make grants to States for the purpose of providing the services described in subsection (d) to older individuals who are blind. (2) Designated State agency The Commissioner may not make a grant under this subsection unless the State in- volved agrees that the grant will be adminis- tered solely by the agency described in section 721(a)(2)(A)(i) of this title. (b) Contingent competitive grants Beginning with fiscal year 1993, in the case of any fiscal year for which the amount appro- priated under section 796l of this title is less than $13,000,000, grants made under subsection (a) shall be— (1) discretionary grants made on a competi- tive basis to States; or (2) grants made on a noncompetitive basis to pay for the continuation costs of activities for which a grant was awarded— (A) under this part; or (B) under part C, as in effect on the day be- fore October 29, 1992. (c) Contingent formula grants (1) In general In the case of any fiscal year for which the amount appropriated under section 796l of this title is equal to or greater than $13,000,000, grants under subsection (a) shall be made only to States and shall be made only from allot- ments under paragraph (2). (2) Allotments For grants under subsection (a) for a fiscal year described in paragraph (1), the Commis- sioner shall make an allotment to each State in an amount determined in accordance with subsection (i), and shall make a grant to the State of the allotment made for the State if the State submits to the Commissioner an ap- plication in accordance with subsection (h). (d) Services generally The Commissioner may not make a grant under subsection (a) unless the State involved agrees that the grant will be expended only for purposes of— (1) providing independent living services to older individuals who are blind; (2) conducting activities that will improve or expand services for such individuals; and (3) conducting activities to help improve public understanding of the problems of such individuals. (e) Independent living services Independent living services for purposes of subsection (d)(1) include— (1) services to help correct blindness, such as— (A) outreach services; (B) visual screening; (C) surgical or therapeutic treatment to prevent, correct, or modify disabling eye conditions; and (D) hospitalization related to such serv- ices; (2) the provision of eyeglasses and other vis- ual aids; (3) the provision of services and equipment to assist an older individual who is blind to be- come more mobile and more self-sufficient; (4) mobility training, braille instruction, and other services and equipment to help an older individual who is blind adjust to blind- ness; (5) guide services, reader services, and trans- portation; (6) any other appropriate service designed to assist an older individual who is blind in cop- ing with daily living activities, including sup- portive services and rehabilitation teaching services; (7) independent living skills training, infor- mation and referral services, peer counseling, and individual advocacy training; and (8) other independent living services. (f) Matching funds (1) In general The Commissioner may not make a grant under subsection (a) unless the State involved agrees, with respect to the costs of the pro- gram to be carried out by the State pursuant to such subsection, to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than $1 for each $9 of Federal funds provided in the grant. (2) Determination of amount contributed Non-Federal contributions required in para- graph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or serv- ices. Amounts provided by the Federal Gov- ernment, or services assisted or subsidized to any significant extent by the Federal Govern- ment, may not be included in determining the amount of such non-Federal contributions. (g) Certain expenditures of grants A State may expend a grant under subsection (a) to carry out the purposes specified in sub- section (d) through grants to, or contracts or co- operative agreements with, public and nonprofit private agencies or organizations. (h) Application for grant (1) In general The Commissioner may not make a grant under subsection (a) unless an application for the grant is submitted to the Commissioner and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Commis- Page 338 TITLE 29—LABOR § 796k sioner determines to be necessary to carry out this section (including agreements, assur- ances, and information with respect to any grants under subsection (i)(4)). (2) Contents An application for a grant under this section shall contain— (A) an assurance that the agency described in subsection (a)(2) will prepare and submit to the Commissioner a report, at the end of each fiscal year, with respect to each project or program the agency operates or admin- isters under this section, whether directly or through a grant or contract, which report shall contain, at a minimum, information on— (i) the number and types of older individ- uals who are blind and are receiving serv- ices; (ii) the types of services provided and the number of older individuals who are blind and are receiving each type of service; (iii) the sources and amounts of funding for the operation of each project or pro- gram; (iv) the amounts and percentages of re- sources committed to each type of service provided; (v) data on actions taken to employ, and advance in employment, qualified individ- uals with significant disabilities, including older individuals who are blind; and (vi) a comparison, if appropriate, of prior year activities with the activities of the most recent year; and (B) an assurance that the agency will— (i) provide services that contribute to the maintenance of, or the increased inde- pendence of, older individuals who are blind; and (ii) engage in— (I) capacity-building activities, includ- ing collaboration with other agencies and organizations; (II) activities to promote community awareness, involvement, and assistance; and (III) outreach efforts. (i) Amount of formula grant (1) In general Subject to the availability of appropriations, the amount of an allotment under subsection (a) for a State for a fiscal year shall be the greater of— (A) the amount determined under para- graph (2); or (B) the amount determined under para- graph (3). (2) Minimum allotment (A) States In the case of the several States, the Dis- trict of Columbia, and the Commonwealth of Puerto Rico, the amount referred to in sub- paragraph (A) of paragraph (1) for a fiscal year is the greater of— (i) $225,000; or (ii) an amount equal to 1⁄3 of 1 percent of the amount appropriated under section 796l of this title, and not reserved under sec- tion 796j–1 of this title, for the fiscal year and available for allotments under sub- section (a). (B) Certain territories In the case of Guam, American Samoa, the United States Virgin Islands, and the Com- monwealth of the Northern Mariana Islands, the amount referred to in subparagraph (A) of paragraph (1) for a fiscal year is $40,000. (3) Formula The amount referred to in subparagraph (B) of paragraph (1) for a State for a fiscal year is the product of— (A) the amount appropriated under section 796l of this title, and not reserved under sec- tion 796j–1 of this title, and available for al- lotments under subsection (a); and (B) a percentage equal to the quotient of— (i) an amount equal to the number of in- dividuals residing in the State who are not less than 55 years of age; divided by (ii) an amount equal to the number of in- dividuals residing in the United States who are not less than 55 years of age. (4) Disposition of certain amounts (A) Grants From the amounts specified in subpara- graph (B), the Commissioner may make grants to States whose population of older individuals who are blind has a substantial need for the services specified in subsection (d) relative to the populations in other States of older individuals who are blind. (B) Amounts The amounts referred to in subparagraph (A) are any amounts that are not paid to States under subsection (a) as a result of— (i) the failure of any State to submit an application under subsection (h); (ii) the failure of any State to prepare within a reasonable period of time such ap- plication in compliance with such sub- section; or (iii) any State informing the Commis- sioner that the State does not intend to expend the full amount of the allotment made for the State under subsection (a). (C) Conditions The Commissioner may not make a grant under subparagraph (A) unless the State in- volved agrees that the grant is subject to the same conditions as grants made under sub- section (a). (Pub. L. 93–112, title VII, § 752, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1237; amended Pub. L. 113–128, title IV, § 487, July 22, 2014, 128 Stat. 1694.) Editorial Notes REFERENCES IN TEXT Part C, as in effect on the day before October 29, 1992, referred to in subsec. (b)(2)(B), means former part C (§ 796f) which was included in the repeal of subchapter VII of this chapter by Pub. L. 102–569, title VII, § 701(1), Oct. 29, 1992, 106 Stat. 4443. Page 339 TITLE 29—LABOR §§ 801, 802 PRIOR PROVISIONS A prior section 796k, Pub. L. 93–112, title VII, § 752, as added Pub. L. 102–569, title VII, § 703(a), Oct. 29, 1992, 106 Stat. 4465; amended Pub. L. 103–73, title I, § 114(m), Aug. 11, 1993, 107 Stat. 732, authorized grants to provide inde- pendent living services for older individuals who are blind, prior to the general amendment of this sub- chapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (c)(2). Pub. L. 113–128, § 487(3), sub- stituted ‘‘subsection (i)’’ for ‘‘subsection (j)’’ and ‘‘sub- section (h)’’ for ‘‘subsection (i)’’. Subsec. (g). Pub. L. 113–128, § 487(4), inserted ‘‘, or con- tracts or cooperative agreements with,’’ after ‘‘grants to’’. Subsec. (h). Pub. L. 113–128, § 487(1), (2), redesignated subsec. (i) as (h) and struck out former subsec. (h). Prior to amendment, text read as follows: ‘‘The Com- missioner may not make a grant under subsection (a) unless the State involved agrees that, in carrying out subsection (d)(1), the State will seek to incorporate into the State plan under section 796c of this title any new methods and approaches relating to independent living services for older individuals who are blind.’’ Subsec. (h)(1). Pub. L. 113–128, § 487(5)(A), substituted ‘‘subsection (i)(4)’’ for ‘‘subsection (j)(4)’’. Subsec. (h)(2)(A)(vi) to (C). Pub. L. 113–128, § 487(5)(B), inserted ‘‘and’’ after semicolon at end of subpar. (A)(vi), substituted a period for ‘‘; and’’ at end of sub- par. (B)(ii)(III), and struck out subpar. (C) which read as follows: ‘‘an assurance that the application is con- sistent with the State plan for providing independent living services required by section 796c of this title.’’ Subsec. (i). Pub. L. 113–128, § 487(2), redesignated sub- sec. (j) as (i). Former subsec. (i) redesignated (h). Subsec. (i)(2)(A)(ii), (3)(A). Pub. L. 113–128, § 487(6)(A), (B), inserted ‘‘, and not reserved under section 796j–1 of this title,’’ after ‘‘section 796l of this title’’. Subsec. (i)(4)(B)(i). Pub. L. 113–128, § 487(6)(C), sub- stituted ‘‘subsection (h)’’ for ‘‘subsection (i)’’. Subsec. (j). Pub. L. 113–128, § 487(2), redesignated sub- sec. (j) as (i). § 796l. Authorization of appropriations There are authorized to be appropriated to carry out this part $33,317,000 for fiscal year 2015, $35,890,000 for fiscal year 2016, $36,635,000 for fis- cal year 2017, $37,448,000 for fiscal year 2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal year 2020. (Pub. L. 93–112, title VII, § 753, as added Pub. L. 105–220, title IV, § 410, Aug. 7, 1998, 112 Stat. 1241; amended Pub. L. 113–128, title IV, § 488, July 22, 2014, 128 Stat. 1694.) Editorial Notes PRIOR PROVISIONS A prior section 796l, Pub. L. 93–112, title VII, § 753, as added Pub. L. 102–569, title VII, § 703(a), Oct. 29, 1992, 106 Stat. 4468, authorized appropriations, prior to the gen- eral amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Pub. L. 113–128 substituted ‘‘$33,317,000 for fiscal year 2015, $35,890,000 for fiscal year 2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year 2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal year 2020.’’ for ‘‘such sums as may be necessary for each of the fis- cal years 1999 through 2003.’’ SUBCHAPTER VIII—SPECIAL DEMONSTRA- TIONS AND TRAINING PROJECTS §§ 797 to 797b. Repealed. Pub. L. 105–220, title IV, § 411, Aug. 7, 1998, 112 Stat. 1241 Section 797, Pub. L. 93–112, title VIII, § 801, as added Pub. L. 102–569, title VIII, § 801(a), Oct. 29, 1992, 106 Stat. 4469, authorized appropriations. Section 797a, Pub. L. 93–112, title VIII, § 802, as added Pub. L. 102–569, title VIII, § 801(a), Oct. 29, 1992, 106 Stat. 4469, authorized grants for various demonstration projects. Section 797b, Pub. L. 93–112, title VIII, § 803, as added Pub. L. 102–569, title VIII, § 801(a), Oct. 29, 1992, 106 Stat. 4478, authorized grants for training projects. CHAPTER 17—COMPREHENSIVE EMPLOYMENT AND TRAINING PROGRAMS Editorial Notes CODIFICATION The Comprehensive Employment and Training Act of 1973, Pub. L. 93–203, Dec. 28, 1973, 87 Stat. 839, as amend- ed by Pub. L. 93–567, Dec. 31, 1974, 88 Stat. 1845; Pub. L. 94–444, Oct. 1, 1976, 90 Stat. 1476; Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–40, June 3, 1977, 91 Stat. 203; Pub. L. 95–44, June 15, 1977, 91 Stat. 220; Pub. L. 95–93, Aug. 5, 1977, 91 Stat. 627, comprised this chapter prior to its complete revision by Pub. L. 95–524, Oct. 27, 1978, 92 Stat. 1909. The Act, Pub. L. 93–203, as amended generally by Pub. L. 95–524, § 2, Oct. 27, 1978, 92 Stat. 1909, was known as the Comprehensive Employment and Training Act, and was set out as having been added by Pub. L. 95–524 without reference to the intervening amendments in view of the extensive revision of the Act’s provisions by Pub. L. 95–524. §§ 801, 802. Repealed. Pub. L. 97–300, title I, § 184(a)(1), Oct. 13, 1982, 96 Stat. 1357 Section 801, Pub. L. 93–203, § 2, as added Pub. L. 95–524, § 2, Oct. 27, 1978, 92 Stat. 1912, set out Congressional statement of purpose in enacting this chapter. A prior section 801, Pub. L. 93–203, § 2, Dec. 28, 1973, 87 Stat. 839, provided for a Congressional statement of purpose for this chapter, prior to the general revision of Pub. L. 93–203 by Pub. L. 95–524. Section 802, Pub. L. 93–203, § 3, as added Pub. L. 95–524, § 2, Oct. 27, 1978, 92 Stat. 1912, provided definitions for this chapter. A prior section 802, Pub. L. 93–203, § 4, Dec. 28, 1973, 87 Stat. 839; Pub. L. 95–44, § 2(a), June 15, 1977, 91 Stat. 220; Pub. L. 95–93, title III, § 302, Aug. 5, 1977, 91 Stat. 650, au- thorized appropriations for this chapter, prior to the general revision of Pub. L. 93–203 by Pub. L. 95–524. A prior section 3 of Pub. L. 93–203, Dec. 28, 1973, 87 Stat. 839, provided for transitional provisions and was set out as a note under section 801 of this title, prior to the general revision of Pub. L. 93–203 by Pub. L. 95–524. Provisions similar to those comprising this section were contained in former section 981 of this title prior to the general revision of Pub. L. 93–203 by Pub. L. 95–524. A prior section 803, Pub. L. 95–93, title III, § 305, Aug. 5, 1977, 91 Stat. 651, providing for increased participa- tion of veterans in public service employment pro- grams and job training opportunities, was omitted be- cause it was limited to fiscal years 1977 and 1978. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 97–300, title I, § 184(a), Oct. 13, 1982, 96 Stat. 1357, which provided for the repeal of the Comprehen- sive Employment and Training Act, this chapter, effec- tive Oct. 13, 1982, was itself repealed by Pub. L. 105–220, title I, § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, as amended, eff. July 1, 2000.