29 U.S.C. § 710 — Reports

Page 209 TITLE 29—LABOR § 710 1 So in original. There is no par. (2). 1111; renumbered § 12, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 405(c), July 22, 2014, 128 Stat. 1637.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (d)(2), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. 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 Provisions similar to this section were contained in section 711 of this title prior to repeal by Pub. L. 105–220. A prior section 709, Pub. L. 93–112, § 10, Sept. 26, 1973, 87 Stat. 363; Pub. L. 95–602, title I, § 122(a)(9), Nov. 6, 1978, 92 Stat. 2985; Pub. L. 100–630, title II, § 201(d), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–569, title I, § 104, Oct. 29, 1992, 106 Stat. 4361, related to nonduplication prohi- bition, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 707 of this title. A prior section 12 of Pub. L. 93–112 was renumbered section 14 and is classified to section 711 of this title. Another prior section 12 of Pub. L. 93–112 was classi- fied to section 711 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–128, § 405(c)(1)(A), des- ignated existing provisions as subpar. (A) and added subpars. (B) to (D). Subsec. (a)(2). Pub. L. 113–128, § 405(c)(1)(B), struck out ‘‘, centers for independent living,’’ after ‘‘community rehabilitation programs’’. Subsec. (c). Pub. L. 113–128, § 405(c)(6)(A), (D), (E), des- ignated existing provisions as par. (1) and redesignated subsec. (f) as par. (2). Pub. L. 113–128, § 405(c)(2), substituted ‘‘Secretary of Education’’ for ‘‘Commissioner’’. Subsec. (d). Pub. L. 113–128, § 405(c)(6)(B), (C), des- ignated existing provisions as par. (1) and redesignated subsec. (e) as par. (2). Pub. L. 113–128, § 405(c)(3), inserted ‘‘of Education’’ after ‘‘Secretary’’. Subsec. (e). Pub. L. 113–128, § 405(c)(7), added subsec. (e). Former subsec. (e) redesignated par. (2) of subsec. (d). Pub. L. 113–128, § 405(c)(4), amended reference in origi- nal act which resulted in substitution of ‘‘July 22, 2014’’ for ‘‘August 7, 1998’’ in text, inserted ‘‘of Education’’ after ‘‘Secretary’’, and substituted ‘‘Workforce Innova- tion and Opportunity Act’’ for ‘‘Rehabilitation Act Amendments of 1998’’. Subsec. (f). Pub. L. 113–128, § 405(c)(7), added subsec. (f). Former subsec. (f) redesignated par. (2) of subsec. (c). Pub. L. 113–128, § 405(c)(5), inserted ‘‘of Education’’ after ‘‘Secretary’’. § 710. Reports (a) Annual reports required Not later than one hundred and eighty days after the close of each fiscal year, the Commis- sioner 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 infor- mation clearinghouse under section 712 of this title. (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 nec- essary to assure that the identity of each indi- vidual for which information is supplied under this section is kept confidential, except as oth- erwise required by law (including regulation). (c) Information to be included in reports (1) 1 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, including information on administra- tive costs as required by section 721(a)(10)(D) of this title. The Commissioner shall, to the max- imum 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 and that pertains to the employment of individuals with disabilities. (d) Availability to public The Commissioner shall ensure that the report described in this section is made publicly avail- able in a timely manner, including through elec- tronic means, in order to inform the public about the administration and performance of programs under this chapter. (Pub. L. 93–112, § 13, formerly § 11, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1111; renumbered § 13, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 406, July 22, 2014, 128 Stat. 1638.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 712 of this title prior to repeal by Pub. L. 105–220. A prior section 710, Pub. L. 93–112, § 11, as added Pub. L. 95–602, title I, § 121, Nov. 6, 1978, 92 Stat. 2984, related to application of other laws, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 708 of this title. A prior section 13 of Pub. L. 93–112 was renumbered section 15 and is classified to section 712 of this title. Another prior section 13 of Pub. L. 93–112 was classi- fied to section 712 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (c)(1). Pub. L. 113–128, § 406(1), des- ignated existing provisions as par. (1) and substituted ‘‘section 3141(d)(2) of this title’’ for ‘‘section 2871(d) of this title’’. Subsec. (d). Pub. L. 113–128, § 406(2), added subsec. (d). Statutory Notes and Related Subsidiaries EXCHANGE OF DATA Pub. L. 102–569, title I, § 137, Oct. 29, 1992, 106 Stat. 4397, provided that: ‘‘The Secretary of Education and the Secretary of Health and Human Services shall enter into a memorandum of understanding for the pur- pose of exchanging data of mutual importance, regard- Page 210 TITLE 29—LABOR § 711 ing clients of State vocational rehabilitation agencies, that are contained in databases maintained by the Re- habilitation Services Administration, as required under section 13 of the Rehabilitation Act of 1973 ([former] 29 U.S.C. 712), and the Social Security Administration, from its Summary Earnings and Records and Master Beneficiary Records. For purposes of the exchange, the Social Security data shall not be considered tax infor- mation and, as appropriate, the confidentiality of all client information shall be maintained by both agen- cies.’’ § 711. Evaluation (a) Statement of purpose; standards; persons eli- gible to conduct evaluations For the purpose of improving program man- agement and effectiveness, the Secretary of Education, in consultation with the Commis- sioner, shall evaluate all the programs author- ized by this chapter, their general effectiveness in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, using appropriate meth- odology and evaluative research designs. The Secretary of Education shall establish and use standards for the evaluations required by this subsection. Such an evaluation shall be con- ducted by a person not immediately involved in the administration of the program evaluated. (b) Opinions of participants; data as property of United States; availability of information (1) In carrying out evaluations under this sec- tion, the Secretary of Education shall obtain the opinions of program and project participants about the strengths and weaknesses of the pro- grams and projects. (2) The Secretary of Education shall take the necessary action to assure that all studies, eval- uations, proposals, and data produced or devel- oped with Federal funds under this chapter shall become the property of the United States. (3) Such information as the Secretary of Edu- cation may determine to be necessary for pur- poses of the evaluations conducted under this section shall be made available upon request of the Secretary of Education, by the departments and agencies of the executive branch. (c) Longitudinal study (1) To assess the linkages between vocational rehabilitation services and economic and non- economic outcomes, the Secretary of Education shall continue to conduct a longitudinal study of a national sample of applicants for the serv- ices. (2) The study shall address factors related to attrition and completion of the program through which the services are provided and fac- tors within and outside the program affecting results. Appropriate comparisons shall be used to contrast the experiences of similar persons who do not obtain the services. (3) The study shall be planned to cover the pe- riod beginning on the application of individuals with disabilities for the services, through the eligibility determination and provision of serv- ices for the individuals, and a further period of not less than 2 years after the termination of services. (d) Information on exemplary practices (1) The Commissioner shall identify and dis- seminate information on exemplary practices concerning vocational rehabilitation. (2) To facilitate compliance with paragraph (1), the Commissioner shall conduct studies and analyses that identify exemplary practices con- cerning vocational rehabilitation, including studies in areas relating to providing informed choice in the rehabilitation process, promoting consumer satisfaction, promoting job placement and retention, providing supported employment, providing services to particular disability popu- lations, financing personal assistance services, providing assistive technology devices and as- sistive technology services, entering into coop- erative agreements, establishing standards and certification for community rehabilitation pro- grams, converting from nonintegrated to com- petitive integrated employment, and providing caseload management. (e) Authorities and responsibilities of Secretary of Education and Commissioner (1) The Secretary of Health and Human Serv- ices may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (a) and (b). (2) The Administrator of the Administration for Community Living may carry out the au- thorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and (d)(1), except that, for purposes of applying those subsections, a reference in those sub- sections to exemplary practices shall be consid- ered to be a reference to exemplary practices concerning independent living services and cen- ters for independent living. (f) References to ‘‘this chapter’’ (1) In subsections (a) through (d), a reference to ‘‘this chapter’’ means a provision of this chapter that the Secretary of Education has au- thority to carry out; and (2) In subsection (e), for purposes of applying subsections (a), (b), and (d), a reference in those subsections to ‘‘this chapter’’ means a provision of this chapter that the Secretary of Health and Human Services has authority to carry out. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary. (Pub. L. 93–112, § 14, formerly § 12, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1110; renumbered § 14, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 407(a), July 22, 2014, 128 Stat. 1638.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 713 of this title prior to repeal by Pub. L. 105–220. A prior section 711, Pub. L. 93–112, § 12, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2985; amended Pub. L. 99–506, title I, § 104, title X, § 1001(a)(4), Oct. 21, 1986, 100 Stat. 1811, 1841; Pub. L. 100–630, title II, § 201(e), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–569, title