29 U.S.C. § 728 — Expenditure of certain amounts

Page 246 TITLE 29—LABOR § 728 to such State under this subchapter (or shall reduce payments or limit payments to projects under those parts of the State plan in which there is no such failure). (3) Disbursal of withheld funds The Commissioner may, in accordance with regulations the Secretary shall prescribe, dis- burse any funds withheld from a State under paragraph (1) to any public or nonprofit pri- vate organization or agency within such State or to any political subdivision of such State submitting a plan meeting the requirements of section 721(a) of this title. The Commissioner may not make any payment under this para- graph unless the entity to which such pay- ment is made has provided assurances to the Commissioner that such entity will con- tribute, for purposes of carrying out such plan, the same amount as the State would have been obligated to contribute if the State received such payment. (d) Review (1) Petition Any State that is dissatisfied with a final determination of the Commissioner under sec- tion 721(b) of this title or subsection (c) may file a petition for judicial review of such deter- mination in the United States Court of Ap- peals for the circuit in which the State is lo- cated. Such a petition may be filed only with- in the 30-day period beginning on the date that notice of such final determination was re- ceived by the State. The clerk of the court shall transmit a copy of the petition to the Commissioner or to any officer designated by the Commissioner for that purpose. In accord- ance with section 2112 of title 28, the Commis- sioner shall file with the court a record of the proceeding on which the Commissioner based the determination being appealed by the State. Until a record is so filed, the Commis- sioner may modify or set aside any determina- tion made under such proceedings. (2) Submissions and determinations If, in an action under this subsection to re- view a final determination of the Commis- sioner under section 721(b) of this title or sub- section (c), the petitioner or the Commissioner applies to the court for leave to have addi- tional oral submissions or written presen- tations made respecting such determination, the court may, for good cause shown, order the Commissioner to provide within 30 days an ad- ditional opportunity to make such submis- sions and presentations. Within such period, the Commissioner may revise any findings of fact, modify or set aside the determination being reviewed, or make a new determination by reason of the additional submissions and presentations, and shall file such modified or new determination, and any revised findings of fact, with the return of such submissions and presentations. The court shall thereafter re- view such new or modified determination. (3) Standards of review (A) In general Upon the filing of a petition under para- graph (1) for judicial review of a determina- tion, the court shall have jurisdiction— (i) to grant appropriate relief as provided in chapter 7 of title 5, except for interim relief with respect to a determination under subsection (c); and (ii) except as otherwise provided in sub- paragraph (B), to review such determina- tion in accordance with chapter 7 of title 5. (B) Substantial evidence Section 706 of title 5 shall apply to the re- view of any determination under this sub- section, except that the standard for review prescribed by paragraph (2)(E) of such sec- tion 706 shall not apply and the court shall hold unlawful and set aside such determina- tion if the court finds that the determina- tion is not supported by substantial evidence in the record of the proceeding submitted pursuant to paragraph (1), as supplemented by any additional submissions and presen- tations filed under paragraph (2). (Pub. L. 93–112, title I, § 107, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1157; amended Pub. L. 113–128, title IV, § 417(a), July 22, 2014, 128 Stat. 1654.) Editorial Notes PRIOR PROVISIONS A prior section 727, Pub. L. 93–112, title I, § 107, as added Pub. L. 102–569, title I, § 128(a), Oct. 29, 1992, 106 Stat. 4386, related to monitoring and review, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(3)(E). Pub. L. 113–128, § 417(a)(1)(A), inserted ‘‘, including personnel of a client assistance program under section 732 of this title, and past or cur- rent recipients of vocational rehabilitation services’’ before period at end. Subsec. (a)(4)(A), (B). Pub. L. 113–128, § 417(a)(1)(B)(i), added subpars. (A) and (B) and struck out former sub- pars. (A) and (B) which read as follows: ‘‘(A) the eligibility process; ‘‘(B) the provision of services, including, if applicable, the order of selection;’’. Subsec. (a)(4)(D), (E). Pub. L. 113–128, § 417(a)(1)(B)(ii)–(iv), added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (b)(3). Pub. L. 113–128, § 417(a)(2), added par. (3). 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. § 728. Expenditure of certain amounts (a) Expenditure Amounts described in subsection (b) may not be expended by a State for any purpose other than carrying out programs for which the State receives financial assistance under this sub- chapter, under subchapter VI, or under sub- chapter VII. (b) Amounts The amounts referred to in subsection (a) are amounts provided to a State under the Social Security Act (42 U.S.C. 301 et seq.) as reimburse- Page 247 TITLE 29—LABOR § 730 1 So in original. ment for the expenditure of payments received by the State from allotments under section 730 of this title. (Pub. L. 93–112, title I, § 108, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 113–128, title IV, § 417(b), July 22, 2014, 128 Stat. 1655.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) 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. PRIOR PROVISIONS A prior section 728, Pub. L. 93–112, title I, § 108, as added Pub. L. 102–569, title I, § 129(a), Oct. 29, 1992, 106 Stat. 4389, related to expenditure of certain amounts, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128 substituted ‘‘under subchapter VI’’ for ‘‘under part B of subchapter VI’’. 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. § 728a. Training and services for employers A State may expend payments received under section 731 of this title to educate and provide services to employers who have hired or are in- terested in hiring individuals with disabilities under programs carried out under this sub- chapter, including— (1) providing training and technical assist- ance to employers regarding the employment of individuals with disabilities, including dis- ability awareness, and the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and other employment-re- lated laws; (2) working with employers to— (A) provide opportunities for work-based learning experiences (including internships, short-term employment, apprenticeships, and fellowships), and opportunities for pre- employment transition services; (B) recruit qualified applicants who are in- dividuals with disabilities; (C) train employees who are individuals with disabilities; and (D) promote awareness of disability-re- lated obstacles to continued employment; (3) providing consultation, technical assist- ance, and support to employers on workplace accommodations, assistive technology, and fa- cilities and workplace access through collabo- ration with community partners and employ- ers, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this subchapter, or who are ap- plicants for such services; and (4) assisting employers with utilizing avail- able financial support for hiring or accommo- dating individuals with disabilities. (Pub. L. 93–112, title I, § 109, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1160; amended Pub. L. 113–128, title IV, § 418, July 22, 2014, 128 Stat. 1655.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in par. (1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 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 section 12101 of Title 42 and Tables. PRIOR PROVISIONS A prior section 728a, Pub. L. 93–112, title I, § 109, as added Pub. L. 102–569, title I, § 130(a), Oct. 29, 1992, 106 Stat. 4389, related to training of employers with respect to Americans with Disabilities Act of 1990, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Pub. L. 113–128 amended section generally. Prior to amendment, text read as follows: ‘‘A State may ex- pend payments received under section 731 of this title— ‘‘(1) to carry out a program to train employers with respect to compliance with the requirements of title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); and ‘‘(2) to inform employers of the existence of the pro- gram and the availability of the services of the pro- gram.’’ 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 B—BASIC VOCATIONAL REHABILITATION SERVICES § 730. State allotments (a) Computation; additional amount; minimum amount; adjustments (1) Subject to the provisions of subsections (c) and (d),,1 for each fiscal year beginning before October 1, 1978, each State shall be entitled to an allotment of an amount bearing the same ratio to the amount authorized to be appro- priated under section 720(b)(1) of this title for al- lotment under this section as the product of— (A) the population of the State; and (B) the square of its allotment percentage, bears to the sum of the corresponding products for all the States. (2)(A) For each fiscal year beginning on or after October 1, 1978, each State shall be entitled to an allotment in an amount equal to the amount such State received under paragraph (1) for the fiscal year ending September 30, 1978, and an additional amount determined pursuant to subparagraph (B) of this paragraph.