29 U.S.C. § 751 — Data sharing

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. Page 255 TITLE 29—LABOR § 760 PRIOR PROVISIONS A prior section 751, Pub. L. 93–112, title I, § 131, as added Pub. L. 95–602, title I, § 106, Nov. 6, 1978, 92 Stat. 2961, and amended Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810, directed Secretary to sub- mit to Congress, not less than thirty months after Nov. 6, 1978, an evaluation of programs conducted under part D of former subchapter I of this chapter, prior to repeal by Pub. L. 99–506, title X, § 1002(b)(2)(A), Oct. 21, 1986, 100 Stat. 1844. A prior section 752, Pub. L. 93–112, title I, § 131, for- merly § 132, as added Pub. L. 99–506, title II, § 212(a), Oct. 21, 1986, 100 Stat. 1820; renumbered § 132, Pub. L. 100–630, title II, § 202(j), Nov. 7, 1988, 102 Stat. 3307, provided for study on special problems and needs of Indians with handicaps both on and off the reservation, prior to re- peal by Pub. L. 102–569, title I, § 135(a), Oct. 29, 1992, 106 Stat. 4396. Prior sections 753 and 753a were omitted in the gen- eral amendment of this subchapter by Pub. L. 105–220. Section 753, Pub. L. 93–112, title I, § 140, as added Pub. L. 103–73, title I, § 108, Aug. 11, 1993, 107 Stat. 724, related to review of data collection and reporting system. Section 753a, Pub. L. 93–112, title I, § 141, as added Pub. L. 103–73, title I, § 108, Aug. 11, 1993, 107 Stat. 725, related to exchange of data. AMENDMENTS 2014—Subsec. (a)(2). Pub. L. 113–128 substituted ‘‘title I of the Workforce Innovation and Opportunity Act’’ for ‘‘title I of the Workforce Investment Act of 1998’’. 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. SUBCHAPTER II—RESEARCH AND TRAINING Editorial Notes CODIFICATION Title II of the Rehabilitation Act of 1973, comprising this subchapter, was originally enacted by Pub. L. 93–112, title II, Sept. 26, 1973, 87 Stat. 374, and amended by Pub. L. 93–516, Dec. 7, 1974, 88 Stat. 1617; Pub. L. 93–651, Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 95–602, Nov. 6, 1978, 92 Stat. 2955; Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 98–221, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, Oct. 21, 1986, 100 Stat. 1807; Pub. L. 100–630, Nov. 7, 1988, 102 Stat. 3289; Pub. L. 102–52, June 6, 1991, 105 Stat. 260; Pub. L. 102–54, June 13, 1991, 105 Stat. 267; Pub. L. 102–569, Oct. 29, 1992, 106 Stat. 4344; Pub. L. 103–73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 103–218, Mar. 9, 1994, 108 Stat. 50; Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518. Title II is shown herein, however, as having been added by Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1167, with- out reference to those intervening amendments because of the extensive revision of title II by Pub. L. 105–220. § 760. Declaration of purpose The purpose of this subchapter is to— (1) provide for research, demonstration projects, training, technical assistance, and related activities to maximize the full inclu- sion and integration into society, employ- ment, independent living, family support, and economic and social self-sufficiency of individ- uals with disabilities of all ages, with par- ticular emphasis on improving the effective- ness of services authorized under this chapter; (2) provide for a comprehensive and coordi- nated approach to the support and conduct of such research, demonstration projects, train- ing, technical assistance, and related activi- ties and to ensure that the approach is in ac- cordance with the 5-year plan developed under section 762(h) of this title; (3) promote the transfer and use of rehabili- tation technology to individuals with disabil- ities, in a timely and efficient manner, through research and demonstration projects relating to— (A) the procurement process for the pur- chase of rehabilitation technology; (B) the utilization of rehabilitation tech- nology on a national basis; (C) specific adaptations or customizations of products to enable individuals with dis- abilities to live more independently; and (D) the development or transfer of assist- ive technology; (4) ensure the widespread dissemination, in usable formats, of practical scientific and technological information— (A) generated by research, demonstration projects, training, and related activities; and (B) regarding state-of-the-art practices, improvements in the services authorized under this chapter, rehabilitation tech- nology, and new knowledge regarding dis- abilities, to rehabilitation professionals, individuals with disabilities, and other interested parties, including the general public; (5) identify effective strategies that enhance the opportunities of individuals with disabil- ities, including individuals with intellectual and psychiatric disabilities, to engage in em- ployment, including employment involving telecommuting and self-employment; (6) identify strategies for effective coordina- tion of services to job seekers with disabilities available through programs of one-stop part- ners, as defined in section 3102 of this title; (7) increase opportunities for researchers who are members of traditionally underserved populations, including researchers who are members of minority groups and researchers who are individuals with disabilities; and (8) identify effective strategies for sup- porting the employment of individuals with disabilities in competitive integrated employ- ment. (Pub. L. 93–112, title II, § 200, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1167; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; Pub. L. 113–128, title IV, § 431, July 22, 2014, 128 Stat. 1660.) Editorial Notes PRIOR PROVISIONS A prior section 760, Pub. L. 93–112, title II, § 200, Sept. 26, 1973, 87 Stat. 374; Pub. L. 95–602, title I, § 107, Nov. 6, 1978, 92 Stat. 2962; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 102–569, title II, § 201, Oct. 29, 1992, 106 Stat. 4398, contained congressional dec- laration of purpose, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Pars. (1), (2). Pub. L. 113–128, § 431(1), (2), in- serted ‘‘technical assistance,’’ after ‘‘training,’’.