29 U.S.C. § 741 — Vocational rehabilitation services grants

Page 253 TITLE 29—LABOR § 741 Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(5), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see sec- tion 1400 of Title 20 and Tables. The Social Security Act, referred to in subsec. (d)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) 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. Statutory Notes and Related Subsidiaries DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. PART C—AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES § 741. Vocational rehabilitation services grants (a) Governing bodies of Indian tribes; amount; non-Federal share The Commissioner, in accordance with the provisions of this part, may make grants to the governing bodies of Indian tribes located on Fed- eral and State reservations (and consortia of such governing bodies) to pay 90 percent of the costs of vocational rehabilitation services for American Indians who are individuals with dis- abilities residing on or near such reservations (referred to in this section as ‘‘eligible individ- uals’’), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abili- ties, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-suffi- ciency. The non-Federal share of such costs may be in cash or in kind, fairly valued, and the Commissioner may waive such non-Federal share requirement in order to carry out the pur- poses of this chapter. (b) Application; effective period; continuation of programs and services; separate service de- livery systems (1) No grant may be made under this part for any fiscal year unless an application therefor has been submitted to and approved by the Com- missioner. The Commissioner may not approve an application unless the application— (A) is made at such time, in such manner, and contains such information as the Commis- sioner may require; (B) contains assurances that the rehabilita- tion services provided under this part to American Indians who are individuals with disabilities residing on or near a reservation in a State shall be, to the maximum extent feasible, comparable to rehabilitation services provided under this subchapter to other indi- viduals with disabilities residing in the State and that, where appropriate, may include serv- ices traditionally used by Indian tribes; (C) contains assurances that the application was developed in consultation with the des- ignated State unit of the State; and (D) contains assurances that— (i) all decisions affecting eligibility for vo- cational rehabilitation services, the nature and scope of available vocational rehabilita- tion services and the provision of such serv- ices will, consistent with this subchapter, be made by a representative of the tribal voca- tional rehabilitation program funded through the grant; and (ii) such decisions will not be delegated to another agency or individual. (2) The provisions of sections 5305, 5306, 5307, and 5321(a) of title 25 shall be applicable to any application submitted under this part. For pur- poses of this paragraph, any reference in any such provision to the Secretary of Education or to the Secretary of the Interior shall be consid- ered to be a reference to the Commissioner. (3) Any application approved under this part shall be effective for not more than 60 months, except as determined otherwise by the Commis- sioner pursuant to prescribed regulations. The State shall continue to provide vocational reha- bilitation services under its State plan to Amer- ican Indians residing on or near a reservation whenever such State includes any such Amer- ican Indians in its State population under sec- tion 730(a)(1) of this title. (4) In making grants under this part, the Sec- retary shall give priority consideration to appli- cations for the continuation of programs which have been funded under this part. (5) Nothing in this section may be construed to authorize a separate service delivery system for Indian residents of a State who reside in non-reservation areas. (c) Funds reserved for training and technical as- sistance (1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Com- missioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year. (2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agree- ments with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs. (3) The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or cooperative agreements. (4) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, such an entity shall submit an ap- plication to the Commissioner at such time, in such manner, and containing a proposal to pro- vide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not govern- Page 254 TITLE 29—LABOR § 751 ment employees and who have experience in the operation of vocational rehabilitation services programs under this section. (d) ‘‘Reservation’’ defined The term ‘‘reservation’’ includes Indian res- ervations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, re- gional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]. (Pub. L. 93–112, title I, § 121, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1166; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(10)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 423, July 22, 2014, 128 Stat. 1659.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in subsec. (d), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. PRIOR PROVISIONS Prior sections 741 to 744 and 750 were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 741, Pub. L. 93–112, title I, § 121, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4392, re- lated to contents of strategic plans. Another prior section 741, Pub. L. 93–112, title I, § 121, Sept. 26, 1973, 87 Stat. 373; Pub. L. 93–516, title I, § 102(c), Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 102(c), Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, § 2(c), Mar. 15, 1976, 90 Stat. 211; Pub. L. 95–602, title I, §§ 101(e)(2), 122(b), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 98–221, title I, § 114, Feb. 22, 1984, 98 Stat. 23; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 210, Oct. 21, 1986, 100 Stat. 1810, 1819; Pub. L. 100–630, title II, § 202(h), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–52, § 2(b)(2), June 6, 1991, 105 Stat. 260, related to payments to States for planning, preparing, and initiating special programs under ap- proved State plans and payments for the costs of con- structing facilities to be used in providing services under such State plans, prior to the general amend- ment of part C of former subchapter I of this chapter by Pub. L. 102–569. Section 742, Pub. L. 93–112, title I, § 122, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4393, re- lated to process for developing strategic plans. Section 743, Pub. L. 93–112, title I, § 123, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4393, re- lated to use of funds. Section 744, Pub. L. 93–112, title I, § 124, as added Pub. L. 102–569, title I, § 134(a), Oct. 29, 1992, 106 Stat. 4395; amended Pub. L. 103–73, title I, § 107(h), Aug. 11, 1993, 107 Stat. 723, related to allotments among States. Section 750, Pub. L. 93–112, title I, § 130, Sept. 26, 1973, 87 Stat. 374; Pub. L. 93–516, title I, § 111(g), Dec. 7, 1974, 88 Stat. 1621; Pub. L. 93–651, title I, § 111(g), Nov. 21, 1974, 89 Stat. 2–6; Pub. L. 95–602, title I, § 106, Nov. 6, 1978, 92 Stat. 2960; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 211, title X, § 1002(b)(1), Oct. 21, 1986, 100 Stat. 1810, 1819, 1844; Pub. L. 100–630, title II, § 202(i), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–569, title I, § 102(p)(11), Oct. 29, 1992, 106 Stat. 4357, related to American Indian voca- tional rehabilitation services grants. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128, § 423(1), inserted ‘‘(referred to in this section as ‘eligible individuals’), consistent with such eligible individuals’ strengths, re- sources, priorities, concerns, abilities, capabilities, in- terests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employ- ment that will increase opportunities for economic self-sufficiency’’ after ‘‘on or near such reservations’’. Subsec. (b)(1)(D). Pub. L. 113–128, § 423(2), added sub- par. (D). Subsecs. (c), (d). Pub. L. 113–128, § 423(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d). 1998—Pub. L. 105–277 made technical amendment to section designation and catchline in original. PART D—VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION § 751. Data sharing (a) In general (1) Memorandum of understanding The Secretary of Education and the Sec- retary of Health and Human Services shall enter into a memorandum of understanding for the purposes of exchanging data of mutual importance— (A) that concern clients of designated State agencies; and (B) that are data maintained either by— (i) the Rehabilitation Services Adminis- tration, as required by section 710 of this title; or (ii) the Social Security Administration, from its Summary Earnings and Records and Master Beneficiary Records. (2) Employment statistics The Secretary of Labor shall provide the Commissioner with employment statistics specified in section 49l–2 of this title, that fa- cilitate evaluation by the Commissioner of the program carried out under part B, and allow the Commissioner to compare the progress of individuals with disabilities who are assisted under the program in securing, retaining, re- gaining, and advancing in employment with the progress made by individuals who are as- sisted under title I of the Workforce Innova- tion and Opportunity Act [29 U.S.C. 3111 et seq.]. (b) Treatment of information For purposes of the exchange described in sub- section (a)(1), the data described in subsection (a)(1)(B)(ii) shall not be considered return infor- mation (as defined in section 6103(b)(2) of title 26) and, as appropriate, the confidentiality of all client information shall be maintained by the Rehabilitation Services Administration and the Social Security Administration. (Pub. L. 93–112, title I, § 131, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1167; amended Pub. L. 113–128, title IV, § 424, July 22, 2014, 128 Stat. 1660.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (a)(2), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified gen- erally to subchapter I (§ 3111 et seq.) of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.