29 U.S.C. § 794e — Protection and advocacy of individual

Page 306 TITLE 29—LABOR § 794e 1 See References in Text note below. to be submitted to the Director and the Ad- ministrator pursuant to paragraph (3), includ- ing how to submit such data and information, the metrics by which compliance will be as- sessed in the reports required in subsection (b), and any other directions necessary for agencies to demonstrate compliance with ac- cessibility standards for electronic and infor- mation technology procured and in use within an agency, as required by such section 794d of this title. (3) Not later than 225 days after December 29, 2022, the head of each agency shall— (A) evaluate the extent to which the elec- tronic and information technology of the agency are accessible to and usable by individ- uals with disabilities described in subsection (a)(1) of such section 794d of this title com- pared to the access to and use of the tech- nology and services by individuals described in such section who are not individuals with dis- abilities; (B) evaluate the electronic and information technology of the agency in accordance with the criteria and instructions provided in para- graph (1); and (C) submit a report containing the evalua- tions jointly to the Director and the Adminis- trator. (b)(1) Not later than 1 year after December 29, 2022, and annually thereafter, the Adminis- trator, in consultation with the Director, shall prepare and submit to the Committees on Ap- propriations and Homeland Security and Gov- ernmental Affairs of the Senate and the Com- mittees on Appropriations and Oversight and Reform of the House of Representatives a report that shall include— (A) a comprehensive assessment (including information identifying the metrics and data used) of compliance by each agency, and by the Federal Government generally, with the criteria and instructions disseminated under subsection (a)(1); (B) a detailed description of the actions, ac- tivities, and other efforts made by the Admin- istrator over the year preceding submission to support such compliance at agencies and any planned efforts in the coming year to improve compliance at agencies; and (C) a list of recommendations that agencies or Congress may take to help support that compliance. (2) The Administrator shall ensure that the re- ports required under this subsection are made available on a public website and are maintained as an open Government data asset (as that term is defined in section 3502 of title 44). (Pub. L. 117–328, div. E, title VII, § 752, Dec. 29, 2022, 136 Stat. 4719.) Editorial Notes CODIFICATION Section was enacted as part of the Financial Services and General Government Appropriations Act, 2023, and also as part of the Consolidated Appropriations Act, 2023, and not as part of the Rehabilitation Act of 1973 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 794e. Protection and advocacy of individual rights (a) Purpose and construction (1) Purpose The purpose of this section is to support a system in each State to protect the legal and human rights of individuals with disabilities who— (A) need services that are beyond the scope of services authorized to be provided by the client assistance program under section 732 of this title; and (B)(i) are ineligible for protection and ad- vocacy programs under subtitle C of the De- velopmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.] because the individuals do not have a devel- opmental disability, as defined in section 102 of such Act [42 U.S.C. 15002]; and (ii) are ineligible for services under the Protection and Advocacy for Mentally Ill In- dividuals Act of 1986 1 (42 U.S.C. 10801 et seq.) because the individuals are not individuals with mental illness, as defined in section 102 of such Act (42 U.S.C. 10802). (2) Construction This section shall not be construed to re- quire the provision of protection and advocacy services that can be provided under the Assist- ive Technology Act of 1998 [29 U.S.C. 3001 et seq.]. (b) Appropriations less than $5,500,000 For any fiscal year in which the amount ap- propriated to carry out this section is less than $5,500,000, the Commissioner may make grants from such amount to eligible systems within States to plan for, develop outreach strategies for, and carry out protection and advocacy pro- grams authorized under this section for individ- uals with disabilities who meet the require- ments of subparagraphs (A) and (B) of sub- section (a)(1). (c) Appropriations of $5,500,000 or more (1) Reservations (A) Technical assistance For any fiscal year in which the amount appropriated to carry out this section equals or exceeds $5,500,000, the Commissioner shall set aside not less than 1.8 percent and not more than 2.2 percent of the amount to pro- vide a grant, contract, or cooperative agree- ment for training and technical assistance to the systems established under this sec- tion. (B) Grant for the eligible system serving the American Indian consortium For any fiscal year in which the amount appropriated to carry out this section equals Page 307 TITLE 29—LABOR § 794e or exceeds $10,500,000, the Commissioner shall reserve a portion, and use the portion to make a grant for the eligible system serv- ing the American Indian consortium. The Commission shall make the grant in an amount of not less than $50,000 for the fiscal year. (2) Allotments For any such fiscal year, after the reserva- tions required by paragraph (1) have been made, the Commissioner shall make allot- ments from the remainder of such amount in accordance with paragraph (3) to eligible sys- tems within States to enable such systems to carry out protection and advocacy programs authorized under this section for individuals referred to in subsection (b). (3) Systems within States (A) Population basis Except as provided in subparagraph (B), from such remainder for each such fiscal year, the Commissioner shall make an allot- ment to the eligible system within a State of an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States. (B) Minimums Subject to the availability of appropria- tions to carry out this section, and except as provided in paragraph (4), the allotment to any system under subparagraph (A) shall be not less than $100,000 or 1⁄3 of 1 percent of the remainder for the fiscal year for which the allotment is made, whichever is greater, and the allotment to any system under this sec- tion for any fiscal year that is less than $100,000 or 1⁄3 of 1 percent of such remainder shall be increased to the greater of the two amounts. (4) Systems within other jurisdictions (A) In general For the purposes of paragraph (3)(B), Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States. (B) Allotment The eligible system within a jurisdiction described in subparagraph (A) shall be allot- ted under paragraph (3)(A) not less than $50,000 for the fiscal year for which the allot- ment is made. (5) Adjustment for inflation For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this section exceeds the total amount appropriated to carry out this section for the preceding fiscal year, the Commis- sioner shall increase each of the minimum grants or allotments under paragraphs (1)(B), (3)(B), and (4)(B) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this section between the preceding fiscal year and the fis- cal year involved. (d) Proportional reduction To provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(3)(B), or to provide minimum allotments to systems within States (as increased under subsection (c)(5)) under sub- section (c)(4)(B), the Commissioner shall propor- tionately reduce the allotments of the remain- ing systems within States under subsection (c)(3), with such adjustments as may be nec- essary to prevent the allotment of any such re- maining system within a State from being re- duced to less than the minimum allotment for a system within a State (as increased under sub- section (c)(5)) under subsection (c)(3)(B), or the minimum allotment for a State (as increased under subsection (c)(5)) under subsection (c)(4)(B), as appropriate. (e) Reallotment Whenever the Commissioner determines that any amount of an allotment to a system within a State for any fiscal year described in sub- section (c)(1) will not be expended by such sys- tem in carrying out the provisions of this sec- tion, the Commissioner shall make such amount available for carrying out the provisions of this section to one or more of the systems that the Commissioner determines will be able to use ad- ditional amounts during such year for carrying out such provisions. Any amount made available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allot- ment of the system (as determined under the preceding provisions of this section) for such year. (f) Application In order to receive assistance under this sec- tion, an eligible system shall submit an applica- tion to the Commissioner, at such time, in such form and manner, and containing such informa- tion and assurances as the Commissioner deter- mines necessary to meet the requirements of this section, including assurances that the eligi- ble system will— (1) have in effect a system to protect and ad- vocate the rights of individuals with disabil- ities; (2) have the same general authorities, in- cluding the authority to access records and program income, as are set forth in subtitle C of title I of the Developmental Disabilities As- sistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.]; (3) have the authority to pursue legal, ad- ministrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State or the American Indian con- sortium who are individuals described in sub- section (a)(1); (4) provide information on and make refer- rals to programs and services addressing the needs of individuals with disabilities in the State or the American Indian consortium; (5) develop a statement of objectives and pri- orities on an annual basis, and provide to the public, including individuals with disabilities and, as appropriate, the individuals’ represent- atives, an opportunity to comment on the ob- jectives and priorities established by, and ac- tivities of, the system including— (A) the objectives and priorities for the ac- tivities of the system for each year and the Page 308 TITLE 29—LABOR § 794e rationale for the establishment of such ob- jectives and priorities; and (B) the coordination of programs provided through the system under this section with the advocacy programs of the client assist- ance program under section 732 of this title, the State long-term care ombudsman pro- gram established under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), the Devel- opmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.], and the Protection and Advocacy for Men- tally Ill Individuals Act of 1986 1 (42 U.S.C. 10801 et seq.); (6) establish a grievance procedure for cli- ents or prospective clients of the system to en- sure that individuals with disabilities are af- forded equal opportunity to access the services of the system; and (7) provide assurances to the Commissioner that funds made available under this section will be used to supplement and not supplant the non-Federal funds that would otherwise be made available for the purpose for which Fed- eral funds are provided. (g) Carryover and direct payment (1) Direct payment Notwithstanding any other provision of law, the Commissioner shall pay directly to any system that complies with the provisions of this section, the amount of the allotment of the State or the grant for the eligible system that serves the American Indian consortium involved under this section, unless the State or American Indian consortium provides oth- erwise. (2) Carryover Any amount paid to an eligible system that serves a State or American Indian consortium for a fiscal year that remains unobligated at the end of such year shall remain available to such system that serves the State or American Indian consortium for obligation during the next fiscal year for the purposes for which such amount was paid. (h) Limitation on disclosure requirements For purposes of any audit, report, or evalua- tion of the performance of the program estab- lished under this section, the Commissioner shall not require such a program to disclose the identity of, or any other personally identifiable information related to, any individual request- ing assistance under such program. (i) Administrative cost In any State in which an eligible system is lo- cated within a State agency, a State may use a portion of any allotment under subsection (c) for the cost of the administration of the system required by this section. Such portion may not exceed 5 percent of the allotment. (j) Delegation The Commissioner may delegate the adminis- tration of this program to the Commissioner of the Administration on Developmental Disabil- ities within the Department of Health and Human Services. (k) Report The Commissioner shall annually prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report describing the types of services and activities being undertaken by pro- grams funded under this section, the total num- ber of individuals served under this section, the types of disabilities represented by such individ- uals, and the types of issues being addressed on behalf of such individuals. (l) Authorization of appropriations There are authorized to be appropriated to carry out this section $17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020. (m) Definitions As used in this section: (1) Eligible system The term ‘‘eligible system’’ means a protec- tion and advocacy system that is established under subtitle C of the Developmental Disabil- ities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.] and that meets the re- quirements of subsection (f). (2) American Indian consortium The term ‘‘American Indian consortium’’ means a consortium established as described in section 142 1 of the Developmental Disabil- ities Assistance and Bill of Rights Act (42 U.S.C. 6042). (Pub. L. 93–112, title V, § 509, as added Pub. L. 102–569, title V, § 510(a), Oct. 29, 1992, 106 Stat. 4430; amended Pub. L. 103–73, title I, § 112(c), Aug. 11, 1993, 107 Stat. 727; Pub. L. 105–12, § 9(n), Apr. 30, 1997, 111 Stat. 28; Pub. L. 105–220, title IV, § 408(c), Aug. 7, 1998, 112 Stat. 1206; Pub. L. 105–394, title IV, § 402(c), Nov. 13, 1998, 112 Stat. 3662; Pub. L. 106–402, title IV, § 401(b)(3)(C), (D), Oct. 30, 2000, 114 Stat. 1738; Pub. L. 113–128, title IV, § 457, July 22, 2014, 128 Stat. 1676.) Editorial Notes REFERENCES IN TEXT The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsecs. (a)(1)(B)(i), (f)(2), (5)(B), and (m)(1), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677, which is classified principally to chapter 144 (§ 15001 et seq.) of Title 42, The Public Health and Welfare. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables. The Protection and Advocacy for Mentally Ill Indi- viduals Act of 1986, referred to in subsecs. (a)(1)(B)(ii) and (f)(5)(B), was Pub. L. 99–319, May 23, 1986, 100 Stat. 478, as amended. Pub. L. 99–319 was renamed the Protec- tion and Advocacy for Individuals with Mental Illness Act by Pub. L. 106–310, div. B, title XXXII, § 3206(a), Oct. 17, 2000, 114 Stat. 1193, and is classified generally to chapter 114 (§ 10801 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 10801 of Title 42 and Tables. The Assistive Technology Act of 1998, referred to in subsec. (a)(2), is Pub. L. 105–394, Nov. 13, 1998, 112 Stat. Page 309 TITLE 29—LABOR § 794e 3627, which is classified principally to chapter 31 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3001 of this title and Tables. The Older Americans Act of 1965, referred to in sub- sec. (f)(5)(B), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Ta- bles. Section 142 of the Developmental Disabilities Assist- ance and Bill of Rights Act (42 U.S.C. 6042), referred to in subsec. (m)(2), was repealed by Pub. L. 106–402, title IV, § 401(a), Oct. 30, 2000, 114 Stat. 1737. AMENDMENTS 2014—Subsec. (c)(1)(A). Pub. L. 113–128, § 457(1), in- serted ‘‘a grant, contract, or cooperative agreement for’’ before ‘‘training’’. Subsec. (f)(2). Pub. L. 113–128, § 457(2), substituted ‘‘general authorities, including the authority to access records’’ for ‘‘general authorities, including access to records’’ and inserted ‘‘of title I’’ after ‘‘subtitle C’’. Subsec. (l). Pub. L. 113–128, § 457(3), substituted ‘‘$17,650,000 for fiscal year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal year 2019, and $20,735,000 for fiscal year 2020.’’ for ‘‘such sums as may be nec- essary for each of the fiscal years 1999 through 2003.’’ 2000—Subsecs. (a)(1)(B)(i), (f)(2). Pub. L. 106–402, § 401(b)(3)(C), substituted ‘‘subtitle C of the Develop- mental Disabilities Assistance and Bill of Rights Act of 2000’’ for ‘‘part C of the Developmental Disabilities As- sistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)’’. Subsec. (f)(5)(B). Pub. L. 106–402, § 401(b)(3)(D), sub- stituted ‘‘Developmental Disabilities Assistance and Bill of Rights Act of 2000’’ for ‘‘Developmental Disabil- ities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)’’. Subsec. (m)(1). Pub. L. 106–402, § 401(b)(3)(C), sub- stituted ‘‘subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’ for ‘‘part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)’’. 1998—Pub. L. 105–220 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (n) relating to protection and advocacy of individual rights. Subsec. (a)(2). Pub. L. 105–394 substituted ‘‘the Assist- ive Technology Act of 1998’’ for ‘‘the Technology-Re- lated Assistance for Individuals With Disabilities Act of 1988 (42 U.S.C. 2201 et seq.)’’. 1997—Subsec. (f)(8). Pub. L. 105–12 added par. (8). 1993—Subsec. (a)(1). Pub. L. 103–73, § 112(c)(1), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘are ineligible for client assistance programs under section 732 of this title; and’’. Subsec. (b). Pub. L. 103–73, § 112(c)(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘(1) ALLOTMENTS.—For any fiscal year in which the amount appropriated to carry out this section is less than $5,500,000, the Commissioner may make grants from such amount to eligible systems within States to plan for, develop outreach strategies for, and carry out protection and advocacy programs authorized under this section for individuals with disabilities who meet the requirements of paragraphs (1) and (2) of subsection (a). ‘‘(2) OTHER JURISDICTIONS.—For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau shall not be considered to be States.’’ Subsec. (c)(4)(A). Pub. L. 103–73, § 112(c)(3)(A)(i), sub- stituted ‘‘paragraph (3)(B)’’ for ‘‘this subsection’’. Subsec. (c)(4)(B). Pub. L. 103–73, § 112(c)(3)(A)(ii), sub- stituted ‘‘allotted under paragraph (3)(A)’’ for ‘‘allot- ted’’. Subsec. (c)(5). Pub. L. 103–73, § 112(c)(3)(B), added par. (5) and struck out heading and text of former par. (5). Text read as follows: ‘‘(A) STATES.—For purposes of determining the min- imum amount of an allotment under paragraph (3)(B), the amount $100,000 shall, in the case of such allot- ments for fiscal year 1994 and subsequent fiscal years, be increased to the extent necessary to offset the ef- fects of inflation occurring since October 1992, as meas- ured by the percentage increase in the Consumer Price Index For All Urban Consumers (U.S. city average) dur- ing the period ending on April 1 of the fiscal year pre- ceding the fiscal year for which the allotment is to be made. ‘‘(B) CERTAIN TERRITORIES.—For purposes of deter- mining the minimum amount of an allotment under paragraph (4)(B), the amount $50,000 shall, in the case of such allotments for fiscal year 1994 and subsequent fiscal years, be increased to the extent necessary to off- set the effects of inflation occurring since October 1992, as measured by the percentage increase in the Con- sumer Price Index For All Urban Consumers (U.S. city average) during the period ending on April 1 of the fis- cal year preceding the fiscal year for which the allot- ment is to be made.’’ Subsec. (d). Pub. L. 103–73, § 112(c)(4), added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: ‘‘Amounts necessary to provide allotments to systems within States in accordance with subsection (c)(3)(B) as increased under subsection (c)(5), or to provide allotments in accordance with sub- section (c)(4)(B) as increased in accordance with sub- section (c)(5), shall be derived by proportionately re- ducing the allotments of the remaining systems within States under subsection (c)(3), but with such adjust- ments as may be necessary to prevent the allotment of any such remaining systems within States from being thereby reduced to less than the greater of $100,000 or one-third of one percent of the sums made available for purposes of this section for the fiscal year for which the allotment is made, as increased in accordance with sub- section (c)(5).’’ Subsec. (i). Pub. L. 103–73, § 112(c)(6), which directed the amendment of this section ‘‘in subsection (i), to read as follows:’’, was executed by adding subsec. (i). Former subsec. (i) redesignated (n). Subsec. (j). Pub. L. 103–73, § 112(c)(7), added subsec. (j) and struck out heading and text of former subsec. (j). Text read as follows: ‘‘An eligible system may not use more than 5 percent of any allotment under subsection (c) for the cost of administration of the system re- quired by this section.’’ Subsec. (n). Pub. L. 103–73, § 112(c)(5), redesignated subsec. (i) as (n). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–12 effective Apr. 30, 1997, applicable to Federal payments made pursuant to obli- gations incurred after Apr. 30, 1997, for items and serv- ices provided on or after such date, and also applicable with respect to contracts entered into, renewed, or ex- tended after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 1997, to the extent permitted under such contracts, see section 11 of Pub. L. 105–12, set out as an Effective Date note under section 14401 of Title 42, The Public Health and Welfare. Page 310 TITLE 29—LABOR § 794f 1 See References in Text note below. § 794f. Establishment of standards for accessible medical diagnostic equipment (a) Standards Not later than 24 months after March 23, 2010,1 the Architectural and Transportation Barriers Compliance Board shall, in consultation with the Commissioner of the Food and Drug Admin- istration, promulgate regulatory standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.) 1 setting forth the min- imum technical criteria for medical diagnostic equipment used in (or in conjunction with) phy- sician’s offices, clinics, emergency rooms, hos- pitals, and other medical settings. The stand- ards shall ensure that such equipment is acces- sible to, and usable by, individuals with accessi- bility needs, and shall allow independent entry to, use of, and exit from the equipment by such individuals to the maximum extent possible. (b) Medical diagnostic equipment covered The standards issued under subsection (a) for medical diagnostic equipment shall apply to equipment that includes examination tables, ex- amination chairs (including chairs used for eye examinations or procedures, and dental exami- nations or procedures), weight scales, mammog- raphy equipment, x-ray machines, and other ra- diological equipment commonly used for diag- nostic purposes by health professionals. (c) Review and amendment The Architectural and Transportation Bar- riers Compliance Board, in consultation with the Commissioner of the Food and Drug Admin- istration, shall periodically review and, as ap- propriate, amend the standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.).1 (Pub. L. 93–112, title V, § 510, as added Pub. L. 111–148, title IV, § 4203, Mar. 23, 2010, 124 Stat. 570.) Editorial Notes REFERENCES IN TEXT March 23, 2010, referred to in subsec. (a), was in the original ‘‘the date of enactment of the Affordable Health Choices Act’’, which was translated as meaning the date of enactment of the Patient Protection and Affordable Care Act, Pub. L. 111–148, which enacted this section, to reflect the probable intent of Congress. The Administrative Procedure Act, referred to in sub- secs. (a) and (c), is act June 11, 1946, ch. 324, 60 Stat. 237, which was repealed and reenacted as subchapter II of chapter 5, and chapter 7, of Title 5, Government Organi- zation and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378. § 794g. Limitations on use of subminimum wage (a) In general No entity, including a contractor or subcon- tractor of the entity, which holds a special wage certificate as described in section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) may compensate an individual with a dis- ability who is age 24 or younger at a wage (re- ferred to in this section as a ‘‘subminimum wage’’) that is less than the Federal minimum wage unless 1 of the following conditions is met: (1) The individual is currently employed, as of the effective date of this section, by an enti- ty that holds a valid certificate pursuant to section 14(c) of the Fair Labor Standards Act of 1938. (2) The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces documentation indicating completion of, each of the following actions: (A) The individual has received pre-em- ployment transition services that are avail- able to the individual under section 733 of this title, or transition services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) such as transition services available to the individual under section 614(d) of that Act (20 U.S.C. 1414(d)). (B) The individual has applied for voca- tional rehabilitation services under sub- chapter I, with the result that— (i)(I) the individual has been found ineli- gible for such services pursuant to that subchapter and has documentation con- sistent with section 722(a)(5)(C) of this title regarding the determination of ineli- gibility; or (II)(aa) the individual has been deter- mined to be eligible for vocational reha- bilitation services; (bb) the individual has an individualized plan for employment under section 722 of this title; (cc) the individual has been working to- ward an employment outcome specified in such individualized plan for employment, with appropriate supports and services, in- cluding supported employment services, for a reasonable period of time without success; and (dd) the individual’s vocational rehabili- tation case is closed; and (ii)(I) the individual has been provided career counseling, and information and re- ferrals to Federal and State programs and other resources in the individual’s geo- graphic area that offer employment-re- lated services and supports designed to en- able the individual to explore, discover, ex- perience, and attain competitive inte- grated employment; and (II) such counseling and information and referrals are not for employment com- pensated at a subminimum wage provided by an entity described in this subsection, and such employment-related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage pro- vided by an entity described in this sub- section. (b) Construction (1) Rule Nothing in this section shall be construed to— (A) change the purpose of this chapter de- scribed in section 701(b)(2) of this title, to empower individuals with disabilities to maximize opportunities for competitive in- tegrated employment; or