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29 U.S.C. § 728a — Training and services for employers

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 728a — Training and services for employers

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

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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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 728a — Reports

**(a) Annual reports required** Not later than one hundred and eighty days after the close of each fiscal year, the Commissioner shall prepare and submit to the President and to the Congress a full and complete report on the activities carried out under this chapter, including the activities and staffing of the information clearinghouse under [section 712 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section712&num=0&edition=prelim). **(b) Collection of information** The Commissioner shall collect information to determine whether the purposes of this chapter are being met and to assess the performance of programs carried out under this chapter. The Commissioner shall take whatever action is necessary to assure that the identity of each individual for which information is supplied under this section is kept confidential, except as otherwise required by law (including regulation). **(c) Information to be included in reports** (1) 11 So in original. There is no par. (2). In preparing the report, the Commissioner shall annually collect and include in the report information based on the information submitted by States in accordance with [section 721(a)(10) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721/a/10&num=0&edition=prelim), including information on administrative costs as required by [section 721(a)(10)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721/a/10/D&num=0&edition=prelim). The Commissioner shall, to the maximum extent appropriate, include in the report all information that is required to be submitted in the reports described in [section 3141(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-tit

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Findings and purpose

Page 8237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12101 read as follows: ‘‘The plan shall accompany the Presi- dent’s annual budget submission to the Congress.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a) and (b) of this section are listed as the 20th item on page 84 and the 19th item on page 86), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 12007. No antitrust immunity or defenses Nothing in this chapter shall be deemed to convey to any person, partnership, corporation, or other entity immunity from civil or criminal liability under any antitrust law or to create de- fenses to actions under any antitrust law. As used in this section, ‘‘antitrust laws’’ means those Acts set forth in section 12 of title 15. (Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. CHAPTER 126—EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose. 12102. Definition of disability. 12103. Additional definitions. SUBCHAPTER I—EMPLOYMENT 12111. Definitions. 12112.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12111 — Findings and purpose

**(a) Findings** The Congress finds that— (1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services; (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination; (5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferio

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12111 — Definitions

Page 8240 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12103 (D) An impairment that is episodic or in remission is a disability if it would substan- tially limit a major life activity when ac- tive. (E)(i) The determination of whether an im- pairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as— (I) medication, medical supplies, equip- ment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and coch- lear implants or other implantable hearing devices, mobility devices, or oxygen ther- apy equipment and supplies; (II) use of assistive technology; (III) reasonable accommodations or aux- iliary aids or services; or (IV) learned behavioral or adaptive neu- rological modifications. (ii) The ameliorative effects of the miti- gating measures of ordinary eyeglasses or contact lenses shall be considered in deter- mining whether an impairment substan- tially limits a major life activity. (iii) As used in this subparagraph— (I) the term ‘‘ordinary eyeglasses or con- tact lenses’’ means lenses that are in- tended to fully correct visual acuity or eliminate refractive error; and (II) the term ‘‘low-vision devices’’ means devices that magnify, enhance, or other- wise augment a visual image. (Pub. L. 101–336, § 3, July 26, 1990, 104 Stat. 329; Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set

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