29 U.S.C. § 771 — Declaration of purpose and competitive

Page 272 TITLE 29—LABOR § 766 of the personnel of the Department of Health and Human Services to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal em- ployee. (h) Technical assistance On the request of the Council, the Secretary shall provide such technical assistance to the Council as the Council determines to be nec- essary to carry out its duties. (i) Termination Section 1013 of title 5 shall not apply with re- spect to the Council. (Pub. L. 93–112, title II, § 205, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1182; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, §§ 401(16), 402(b)(11)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–414; Pub. L. 113–128, title IV, § 436, July 22, 2014, 128 Stat. 1671; Pub. L. 117–286, § 4(a)(187), Dec. 27, 2022, 136 Stat. 4326.) Editorial Notes PRIOR PROVISIONS A prior section 765, Pub. L. 93–112, title II, § 205, as added Pub. L. 102–569, title II, § 206(a), Oct. 29, 1992, 106 Stat. 4409, related to the Rehabilitation Research Advi- sory Council, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2022—Subsec. (i). Pub. L. 117–286 substituted ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)’’. 2014—Pub. L. 113–128, § 436(1), inserted ‘‘Disability, Independent Living, and’’ before ‘‘Rehabilitation’’ in section catchline. Subsec. (a). Pub. L. 113–128, § 436(2), substituted ‘‘De- partment of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advi- sory Council’’ for ‘‘Department of Education a Reha- bilitation Research Advisory Council’’ and inserted ‘‘not less than’’ after ‘‘composed of’’. Subsec. (c). Pub. L. 113–128, § 436(3), added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘Members of the Council shall be generally representa- tive of the community of rehabilitation professionals, the community of rehabilitation researchers, the com- munity of individuals with disabilities, and the individ- uals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.’’ Subsec. (g). Pub. L. 113–128, § 436(4), substituted ‘‘De- partment of Health and Human Services’’ for ‘‘Depart- ment of Education’’. 1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(11)], made technical amendment to section designation and catchline in original. Pub. L. 105–277, § 101(f) [title VIII, § 401(16)], made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section. § 766. Definition of covered school In this subchapter, the term ‘‘covered school’’ means an elementary school or secondary school (as such terms are defined in section 7801 of title 20) or an institution of higher education. (Pub. L. 93–112, title II, § 206, as added Pub. L. 113–128, title IV, § 437, July 22, 2014, 128 Stat. 1671; amended Pub. L. 114–95, title IX, § 9215(mmm)(2), Dec. 10, 2015, 129 Stat. 2188.) Editorial Notes PRIOR PROVISIONS A prior section 770, Pub. L. 93–112, title III, § 301, for- merly § 300, Sept. 26, 1973, 87 Stat. 377; Pub. L. 95–602, title I, § 122(c)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 100–630, title II, § 204(a), Nov. 7, 1988, 102 Stat. 3308; renumbered § 301 and amended Pub. L. 102–569, title I, § 102(p)(15), title III, § 301(a), (b)(3), Oct. 29, 1992, 106 Stat. 4358, 4410, 4411, contained congressional declara- tion of purpose, prior to the general amendment of sub- chapter III of this chapter by Pub. L. 105–220. AMENDMENTS 2015—Pub. L. 114–95 made technical amendment to reference in original act which appears in text as ref- erence to section 7801 of title 20. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. SUBCHAPTER III—PROFESSIONAL DEVEL- OPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS Editorial Notes CODIFICATION Title III of the Rehabilitation Act of 1973, comprising this subchapter, was originally enacted by Pub. L. 93–112, title III, Sept. 26, 1973, 87 Stat. 377, 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. 94–273, Apr. 21, 1976, 90 Stat. 375; Pub. L. 94–288, May 21, 1976, 90 Stat. 520; Pub. L. 95–602, Nov. 6, 1978, 92 Stat. 2955; 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. 102–119, Oct. 7, 1991, 105 Stat. 587; 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. 104–66, Dec. 21, 1995, 109 Stat. 707. Title III is shown herein, however, as having been added by Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1183, without reference to those intervening amendments because of the extensive revi- sion of title III by Pub. L. 105–220. § 771. Declaration of purpose and competitive basis of grants and contracts (a) Purpose It is the purpose of this subchapter to author- ize grants and contracts to— (1)(A) provide academic training to ensure that skilled personnel are available to provide rehabilitation services to individuals with dis- abilities through vocational, medical, social, and psychological rehabilitation programs (in- cluding supported employment programs), through economic and business development programs, through independent living services programs, and through client assistance pro- grams; and (B) provide training to maintain and up- grade basic skills and knowledge of personnel (including personnel specifically trained to de- liver services to individuals with disabilities whose employment outcome is self-employ- Page 273 TITLE 29—LABOR § 772 ment or telecommuting) employed to provide state-of-the-art service delivery and rehabili- tation technology services; (2) conduct special projects and demonstra- tions that expand and improve the provision of rehabilitation and other services (including those services provided through community rehabilitation programs) authorized under this chapter, or that otherwise further the pur- poses of this chapter, including related re- search and evaluation; and (3) provide training and information to indi- viduals with disabilities and the individuals’ representatives, and other appropriate parties to develop the skills necessary for individuals with disabilities to gain access to the rehabili- tation system and statewide workforce devel- opment systems and to become active deci- sionmakers in the rehabilitation process. (b) Competitive basis of grants and contracts The Secretary shall ensure that all grants and contracts are awarded under this subchapter on a competitive basis. (Pub. L. 93–112, title III, § 301, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1183; amended Pub. L. 113–128, title IV, § 441(a), July 22, 2014, 128 Stat. 1672.) Editorial Notes PRIOR PROVISIONS A prior section 771, Pub. L. 93–112, title III, § 301, Sept. 26, 1973, 87 Stat. 377; Pub. L. 93–516, title I, § 104, Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 104, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 4, 11(b)(7), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 94–273, § 3(18), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–602, title I, §§ 112(a), 122(c)(2), Nov. 6, 1978, 92 Stat. 2967, 2987; Pub. L. 98–221, title I, § 131, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title IV, § 401, title X, § 1002(d)(1), Oct. 21, 1986, 100 Stat. 1823, 1844; Pub. L. 102–52, § 4(a), June 6, 1991, 105 Stat. 261, related to grants for construction of rehabilitation facilities, staffing, and planning assistance, prior to repeal by Pub. L. 102–569, title III, § 301(b)(2), Oct. 29, 1992, 106 Stat. 4411. A prior section 301 of Pub. L. 93–112 was classified to section 770 of this title prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 771a, Pub. L. 93–112, title III, § 302, for- merly title II, § 203, Sept. 26, 1973, 87 Stat. 376; renum- bered title III, § 304, and amended Pub. L. 95–602, title I, §§ 109(2), 114, Nov. 6, 1978, 92 Stat. 2963, 2970; Pub. L. 98–221, title I, § 133, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV, § 403, title X, § 1002(d)(2), Oct. 21, 1986, 100 Stat. 1810, 1824, 1844; Pub. L. 100–630, title II, § 204(c), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102–52, § 4(c), June 6, 1991, 105 Stat. 261; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat. 607; renumbered § 302 and amended Pub. L. 102–569, title I, § 102(p)(18), title III, §§ 301(b)(3), (4), 302, Oct. 29, 1992, 106 Stat. 4358, 4411; Pub. L. 103–73, title I, § 110(a), Aug. 11, 1993, 107 Stat. 726; Pub. L. 103–218, title IV, § 402(b), Mar. 9, 1994, 108 Stat. 96; Pub. L. 104–66, title I, § 1042(d), Dec. 21, 1995, 109 Stat. 715, related to assistance for training, prior to the general amendment of this subchapter by Pub. L. 105–220. See section 772 of this title. AMENDMENTS 2014—Subsec. (a)(2). Pub. L. 113–128, § 441(a)(1), in- serted ‘‘and’’ at end. Subsec. (a)(3) to (5). Pub. L. 113–128, § 441(a)(2)–(4), re- designated par. (5) as (3), substituted ‘‘workforce devel- opment systems’’ for ‘‘workforce investment systems’’, and struck out former pars. (3) and (4) which read as follows: ‘‘(3) provide vocational rehabilitation services to in- dividuals with disabilities who are migrant or seasonal farmworkers; ‘‘(4) initiate recreational programs to provide rec- reational activities and related experiences for individ- uals with disabilities to aid such individuals in employ- ment, mobility, socialization, independence, and com- munity integration; and’’. § 772. Training (a) Grants and contracts for personnel training (1) Authority 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 part of the cost of projects to provide training, traineeships, and related activities, including the provision of technical assistance, that are designed to assist in increasing the numbers of, and upgrading the skills of, qualified per- sonnel (especially rehabilitation counselors) who are trained in providing vocational, med- ical, social, and psychological rehabilitation services, who are trained to assist individuals with communication and related disorders, who are trained to provide other services pro- vided under this chapter, to individuals with disabilities, and who may include— (A) personnel specifically trained in pro- viding employment assistance to individuals with disabilities through job development and job placement services; (B) personnel specifically trained to iden- tify, assess, and meet the individual reha- bilitation needs of individuals with disabil- ities, including needs for rehabilitation tech- nology; (C) personnel specifically trained to de- liver services to individuals who may benefit from receiving independent living services; (D) personnel specifically trained to de- liver services in the client assistance pro- grams; (E) personnel specifically trained to de- liver supported employment services and customized employment services to individ- uals with the most significant disabilities; (F) personnel specifically trained to de- liver services to individuals with disabilities pursuing self-employment, business owner- ship, and telecommuting; (G) personnel trained in performing other functions necessary to the provision of voca- tional, medical, social, and psychological re- habilitation services, and other services pro- vided under this chapter; and (H) personnel trained in providing assist- ive technology services. (2) Authority to provide scholarships Grants and contracts under paragraph (1) may be expended for scholarships and may in- clude necessary stipends and allowances. (3) Related Federal statutes In carrying out this subsection, the Commis- sioner may make grants to and enter into con- tracts with States and public or nonprofit agencies and organizations, including institu- tions of higher education, to furnish training regarding provisions of Federal statutes, in-