29 U.S.C. § 773 — Demonstration and training programs

Page 277 TITLE 29—LABOR § 773 Subsec. (g)(1). Pub. L. 113–128, § 441(b)(3)(B), inserted after period at end ‘‘Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities.’’ Subsec. (g)(3). Pub. L. 113–128, § 441(b)(3)(C), struck out par. (3) which related to use of funding for projects for in-service training for rehabilitation personnel. Subsec. (h). Pub. L. 113–128, § 441(b)(4), made technical amendment to reference in original act which appears in text as reference to section 776 of this title. Subsec. (i). Pub. L. 113–128, § 441(b)(5), substituted ‘‘$33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020.’’ for ‘‘such sums as may be nec- essary for each of the fiscal years 1999 through 2003.’’ 2004—Subsec. (f)(1)(D)(ii). Pub. L. 108–446 made tech- nical amendment to reference in original act which ap- pears in text as reference to section 1402 of title 20. § 773. Demonstration and training programs (a) Demonstration projects to increase client choice (1) Grants The Commissioner may make grants to States and public or nonprofit agencies and or- ganizations to pay all or part of the costs of projects to demonstrate ways to increase cli- ent choice in the rehabilitation process, in- cluding the selection of providers of voca- tional rehabilitation services. (2) Use of funds An entity that receives a grant under this subsection shall use the grant only— (A) for activities that are directly related to planning, operating, and evaluating the demonstration projects; and (B) to supplement, and not supplant, funds made available from Federal and non-Fed- eral sources for such projects. (3) Application Any eligible entity that desires to receive a grant under this subsection shall submit an application at such time, in such manner, and containing such information and assurances as the Commissioner may require, including— (A) a description of— (i) how the entity intends to promote in- creased client choice in the rehabilitation process, including a description, if appro- priate, of how an applicant will determine the cost of any service or product offered to an eligible client; (ii) how the entity intends to ensure that any vocational rehabilitation service or related service is provided by a qualified provider who is accredited or meets such other quality assurance and cost-control criteria as the State may establish; and (iii) the outreach activities to be con- ducted by the applicant to obtain eligible clients; and (B) assurances that a written plan will be established with the full participation of the client, which plan shall, at a minimum, in- clude— (i) a statement of the vocational reha- bilitation goals to be achieved; (ii) a statement of the specific voca- tional rehabilitation services to be pro- vided, the projected dates for their initi- ation, and the anticipated duration of each such service; and (iii) objective criteria, an evaluation pro- cedure, and a schedule, for determining whether such goals are being achieved. (4) Award of grants In selecting entities to receive grants under paragraph (1), the Commissioner shall take into consideration— (A) the diversity of strategies used to in- crease client choice, including selection among qualified service providers; (B) the geographic distribution of projects; and (C) the diversity of clients to be served. (5) Records Entities that receive grants under paragraph (1) shall maintain such records as the Commis- sioner may require and comply with any re- quest from the Commissioner for such records. (6) Direct services At least 80 percent of the funds awarded for any project under this subsection shall be used for direct services, as specifically chosen by eligible clients. (7) Evaluation The Commissioner may conduct an evalua- tion of the demonstration projects with re- spect to the services provided, clients served, client outcomes obtained, implementation issues addressed, the cost-effectiveness of the project, and the effects of increased choice on clients and service providers. The Commis- sioner may reserve funds for the evaluation for a fiscal year from the amounts appro- priated to carry out projects under this sec- tion for the fiscal year. (8) Definitions For the purposes of this subsection: (A) Direct services The term ‘‘direct services’’ means voca- tional rehabilitation services, as described in section 723(a) of this title. (B) Eligible client The term ‘‘eligible client’’ means an indi- vidual with a disability, as defined in section 705(20)(A) of this title, who is not currently receiving services under an individualized plan for employment established through a designated State unit. (b) Special demonstration programs (1) Grants; contracts The Commissioner, subject to the provisions of section 776 of this title, may provide grants to, or enter into contracts with, eligible enti- ties to pay all or part of the cost of programs that expand and improve the provision of re- habilitation and other services authorized under this chapter or that further the pur- poses of the chapter, including related re- search and evaluation activities. (2) Eligible entities; terms and conditions (A) Eligible entities To be eligible to receive a grant, or enter into a contract, under paragraph (1), an enti- Page 278 TITLE 29—LABOR § 773 ty shall be a State vocational rehabilitation agency, community rehabilitation program, Indian tribe or tribal organization, or other public or nonprofit agency or organization, or as the Commissioner determines appro- priate, a for-profit organization. The Com- missioner may limit competitions to one or more types of organizations described in this subparagraph. (B) Terms and conditions A grant or contract under paragraph (1) shall contain such terms and conditions as the Commissioner may require. (3) Application An eligible entity that desires to receive a grant, or enter into a contract, under para- graph (1) shall submit an application to the Secretary at such time, in such form, and con- taining such information and assurances as the Commissioner may require, including, if the Commissioner determines appropriate, a description of how the proposed project or demonstration program— (A) is based on current research findings, which may include research conducted by the National Institute on Disability, Inde- pendent Living, and Rehabilitation Re- search, the National Institutes of Health, and other public or private organizations; and (B) is of national significance. (4) Types of projects The programs that may be funded under this subsection may include— (A) special projects and demonstrations of service delivery; (B) model demonstration projects; (C) technical assistance projects; (D) systems change projects; (E) special studies and evaluations; and (F) dissemination and utilization activi- ties. (5) Priority for competitions (A) In general In announcing competitions for grants and contracts under this subsection, the Com- missioner shall give priority consideration to— (i) initiatives focused on improving tran- sition from education, including postsec- ondary education, to employment, particu- larly in competitive integrated employ- ment, for youth who are individuals with significant disabilities; (ii) supported employment, including community-based supported employment programs to meet the needs of individuals with the most significant disabilities or to provide technical assistance to States and community organizations to improve and expand the provision of supported employ- ment services; and (iii) increasing competitive integrated employment for individuals with signifi- cant disabilities. (B) Additional competitions In announcing competitions for grants and contracts under this subsection, the Com- missioner may require that applicants ad- dress one or more of the following: (i) Age ranges. (ii) Types of disabilities. (iii) Types of services. (iv) Models of service delivery. (v) Stage of the rehabilitation process. (vi) The needs of underserved popu- lations, unserved and underserved areas, individuals with significant disabilities, low-incidence disability population or in- dividuals residing in federally designated empowerment zones and enterprise com- munities. (vii) Expansion of employment opportu- nities for individuals with disabilities. (viii) Systems change projects to pro- mote meaningful access of individuals with disabilities to employment-related services under subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151 et seq.] and under other Federal laws. (ix) Innovative methods of promoting achievement of high-quality employment outcomes. (x) The demonstration of the effective- ness of early intervention activities in im- proving employment outcomes. (xi) Alternative methods of providing af- fordable transportation services to individ- uals with disabilities who are employed, seeking employment, or receiving voca- tional rehabilitation services from public or private organizations and who reside in geographic areas in which public transpor- tation or paratransit service is not avail- able. (c) Parent information and training program (1) Grants The Commissioner is authorized to make grants to private nonprofit organizations for the purpose of establishing programs to pro- vide training and information to enable indi- viduals with disabilities, and the parents, fam- ily members, guardians, advocates, or other authorized representatives of the individuals to participate more effectively with profes- sionals in meeting the vocational, independent living, and rehabilitation needs of individuals with disabilities. Such grants shall be de- signed to meet the unique training and infor- mation needs of the individuals described in the preceding sentence, who live in the area to be served, particularly those who are members of populations that have been unserved or un- derserved by programs under this chapter. (2) Use of grants An organization that receives a grant to es- tablish training and information programs under this subsection shall use the grant to as- sist individuals with disabilities, and the par- ents, family members, guardians, advocates, or authorized representatives of the individ- uals— (A) to better understand vocational reha- bilitation and independent living programs and services; (B) to provide followup support for transi- tion and employment programs; Page 279 TITLE 29—LABOR § 773 (C) to communicate more effectively with transition and rehabilitation personnel and other relevant professionals; (D) to provide support in the development of the individualized plan for employment; (E) to provide support and expertise in ob- taining information about rehabilitation and independent living programs, services, and resources that are appropriate; (F) to provide support and guidance in helping individuals with significant disabil- ities, including students with disabilities, transition to competitive integrated em- ployment; and (G) to understand the provisions of this chapter, particularly provisions relating to employment, supported employment, and independent living. (3) Award of grants The Commissioner shall ensure that grants under this subsection— (A) shall be distributed geographically to the greatest extent possible throughout all States; and (B) shall be targeted to individuals with disabilities, and the parents, family mem- bers, guardians, advocates, or authorized representatives of the individuals, in both urban and rural areas or on a State or re- gional basis. (4) Eligible organizations In order to receive a grant under this sub- section, an organization— (A) shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require, including infor- mation demonstrating the capacity and ex- pertise of the organization— (i) to coordinate training and informa- tion activities with Centers for Inde- pendent Living; (ii) to coordinate and work closely with the parent training and information cen- ters established pursuant to section 1471 of title 20, the community parent resource centers established pursuant to section 1472 of title 20, and the eligible entities re- ceiving awards under section 1473 of title 20; and (iii) to effectively conduct the training and information activities authorized under this subsection; (B)(i) shall be governed by a board of direc- tors— (I) that includes professionals in the field of vocational rehabilitation; and (II) on which a majority of the members are individuals with disabilities or the par- ents, family members, guardians, advo- cates, or authorized representatives of the individuals; or (ii)(I) shall have a membership that rep- resents the interests of individuals with dis- abilities; and (II) shall establish a special governing committee that meets the requirements specified in subclauses (I) and (II) of clause (i) to operate a training and information program under this subsection; and (C) shall serve, and demonstrate the capac- ity for serving, individuals with a full range of disabilities, and the parents, family mem- bers, guardians, advocates, or authorized representatives of the individuals. (5) Consultation Each organization carrying out a program receiving assistance under this subsection shall consult with appropriate agencies that serve or assist individuals with disabilities, and the parents, family members, guardians, advocates, or authorized representatives of the individuals, located in the jurisdiction served by the program. (6) Coordination The Commissioner shall provide coordina- tion and technical assistance by grant or coop- erative agreement for establishing, devel- oping, and coordinating the training and infor- mation programs. To the extent practicable, such assistance shall be provided by the parent training and information centers established pursuant to section 1471 of title 20. (7) Review (A) Quarterly review The board of directors or special governing committee of an organization receiving a grant under this subsection shall meet at least once in each calendar quarter to review the training and information program, and each such committee shall directly advise the governing board regarding the views and recommendations of the committee. (B) Review for grant renewal If a nonprofit private organization re- quests the renewal of a grant under this sub- section, the board of directors or the special governing committee shall prepare and sub- mit to the Commissioner a written review of the training and information program con- ducted by the organization during the pre- ceding fiscal year. (8) Reservation From the amount appropriated to carry out this section for a fiscal year, 20 percent of such amount or $500,000, whichever is less, may be reserved to carry out paragraph (6). (d) Braille training programs (1) Establishment The Commissioner shall make grants to, and enter into contracts with, States and public or nonprofit agencies and organizations, includ- ing institutions of higher education, to pay all or part of the cost of training in the use of braille for personnel providing vocational re- habilitation services or educational services to youth and adults who are blind. (2) Projects Such grants shall be used for the establish- ment or continuation of projects that may provide— (A) development of braille training mate- rials; (B) in-service or pre-service training in the use of braille, the importance of braille lit- eracy, and methods of teaching braille to youth and adults who are blind; and Page 280 TITLE 29—LABOR §§ 774, 775 (C) activities to promote knowledge and use of braille and nonvisual access tech- nology for blind youth and adults through a program of training, demonstration, and evaluation conducted with leadership of ex- perienced blind individuals, including the use of comprehensive, state-of-the-art tech- nology. (3) Application To be eligible to receive a grant, or enter into a contract, under paragraph (1), an agen- cy or organization shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. (e) Authorization of appropriations For the purpose of carrying out this section there are authorized to be appropriated $5,796,000 for fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for fiscal year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for fiscal year 2019, and $6,809,000 for fiscal year 2020. (Pub. L. 93–112, title III, § 303, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1190; amended Pub. L. 108–446, title III, § 305(h)(5), (6), Dec. 3, 2004, 118 Stat. 2805; Pub. L. 113–128, title IV, § 442, July 22, 2014, 128 Stat. 1673.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (b)(5)(B)(viii), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Subtitle B of title I of the Act is classified generally to part B (§ 3151 et seq.) of subchapter I 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. PRIOR PROVISIONS A prior section 773, Pub. L. 93–112, title III, § 304, for- merly § 303, Sept. 26, 1973, 87 Stat. 379; Pub. L. 95–602, title I, § 113, Nov. 6, 1978, 92 Stat. 2968; Pub. L. 99–506, title I, § 103(d)(2)(C), title X, § 1001(d)(2), Oct. 21, 1986, 100 Stat. 1810, 1843; renumbered § 304 and amended Pub. L. 102–569, title I, § 102(p)(17), title III, §§ 301(b)(3), 304, Oct. 29, 1992, 106 Stat. 4358, 4411, 4417, related to loan guaran- tees for community rehabilitation programs, prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 303 of Pub. L. 93–112 was classified to section 772 of this title prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (b)(1). Pub. L. 113–128, § 442(1)(A), made technical amendment to reference in original act which appears in text as reference to section 776 of this title. Subsec. (b)(3)(A). Pub. L. 113–128, § 442(1)(B), sub- stituted ‘‘National Institute on Disability, Independent Living, and Rehabilitation Research’’ for ‘‘National In- stitute on Disability and Rehabilitation Research’’. Subsec. (b)(5)(A)(i). Pub. L. 113–128, § 442(1)(C)(i)(I), added cl. (i) and struck out former cl. (i) which read as follows: ‘‘special projects and demonstration programs of service delivery for adults who are either low-func- tioning and deaf or low-functioning and hard of hear- ing;’’. Subsec. (b)(5)(A)(iii). Pub. L. 113–128, § 442(1)(C)(i)(II), added cl. (iii) and struck out former cl. (iii) which read as follows: ‘‘model transitional planning services for youths with disabilities.’’ Subsec. (b)(5)(B)(viii). Pub. L. 113–128, § 442(1)(C)(ii), substituted ‘‘under subtitle B of title I of the Work- force Innovation and Opportunity Act’’ for ‘‘under title I of the Workforce Investment Act of 1998’’. Subsec. (b)(6). Pub. L. 113–128, § 442(1)(D), struck out par. (6) which read as follows: ‘‘The Commissioner may use funds made available to carry out this section for continuation awards for projects that were funded under sections 711 and 777a of this title (as such sec- tions were in effect on the day before August 7, 1998).’’ Subsec. (c)(2)(F), (G). Pub. L. 113–128, § 442(2)(A), added par. (F) and redesignated former par. (F) as (G). Subsec. (c)(4)(A)(ii). Pub. L. 113–128, § 442(2)(B)(i), in- serted ‘‘the’’ after ‘‘closely with’’ and ‘‘, the commu- nity parent resource centers established pursuant to section 1472 of title 20, and the eligible entities receiv- ing awards under section 1473 of title 20’’ after ‘‘section 1471 of title 20’’. Subsec. (c)(4)(C). Pub. L. 113–128, § 442(2)(B)(ii), in- serted ‘‘, and demonstrate the capacity for serving,’’ after ‘‘shall serve’’. Subsec. (c)(8). Pub. L. 113–128, § 442(2)(C), added par. (8). Subsec. (e). Pub. L. 113–128, § 442(3), added subsec. (e) and struck out former subsec. (e) which read as follows: ‘‘There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 1999 through 2003.’’ 2004—Subsec. (c)(4)(A)(ii). Pub. L. 108–446, § 305(h)(6), substituted ‘‘section 1471’’ for ‘‘section 1482(a)’’. Subsec. (c)(6). Pub. L. 108–446, § 305(h)(5), substituted ‘‘section 1471’’ for ‘‘section 1482(a)’’. §§ 774, 775. Repealed. Pub. L. 113–128, title IV, § 443(1), July 22, 2014, 128 Stat. 1674 Section 774, Pub. L. 93–112, title III, § 304, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1195, related to grants for vocational rehabilitation services to individuals with disabilities who are migrant or sea- sonal farmworkers and to the family members who are residing with such individuals. A prior section 774, Pub. L. 93–112, title III, § 304, for- merly title II, § 203, Sept. 26, 1973, 87 Stat. 376, renum- bered and amended, which related to Federal grants, contracts, and programs for training in rehabilitation services, was renumbered section 302 of Pub. L. 93–112, by Pub. L. 102–569, title III, § 301(b)(3), Oct. 29, 1992, 106 Stat. 4411, and transferred to section 771a of this title, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 774, Pub. L. 93–112, title III, § 304, Sept. 26, 1973, 87 Stat. 381; Pub. L. 93–516, title I, §§ 106, 111(i)–(k), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93–651, title I, §§ 106, 111(i)–(k), Nov. 21, 1974, 89 Stat. 2–4, 2–6; Pub. L. 94–230, §§ 6, 11(b)(9), Mar. 15, 1976, 90 Stat. 212, 213, related to special projects and demonstrations, prior to repeal by Pub. L. 95–602, title I, § 109(1), Nov. 6, 1978, 92 Stat. 2962. Section 775, Pub. L. 93–112, title III, § 305, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1196, related to grants to recreation programs to provide in- dividuals with disabilities with recreational activities and related experiences. A prior section 775, Pub. L. 93–112, title III, § 305, as added Pub. L. 95–602, title I, § 115(a), Nov. 6, 1978, 92 Stat. 2971; amended Pub. L. 98–221, title I, § 134, Feb. 22, 1984, 98 Stat. 25; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV, § 404, title X, § 1002(d)(3), Oct. 21, 1986, 100 Stat. 1810, 1825, 1844; Pub. L. 100–630, title II, § 204(d), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–52, § 4(d), June 6, 1991, 105 Stat. 261; Pub. L. 102–569, title I, § 102(p)(19), title III, § 305, Oct. 29, 1992, 106 Stat. 4358, 4417, related to com- prehensive rehabilitation centers, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 775, Pub. L. 93–112, title III, § 305, Sept. 26, 1973, 87 Stat. 383, as amended, which au- thorized appropriations for fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for the establishment of the Helen Keller Na- tional Center for Deaf-Blind Youths and Adults, was re- numbered section 313 of Pub. L. 93–112 by Pub. L. 95–602,