29 U.S.C. § 711 — Evaluation

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 Page 211 TITLE 29—LABOR § 713 1 See References in Text note below. I, § 105, Oct. 29, 1992, 106 Stat. 4361, related to adminis- tration of this chapter, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 709 of this title. A prior section 14 of Pub. L. 93–112 was renumbered section 16 and is classified to section 713 of this title. Another prior section 14 of Pub. L. 93–112 was classi- fied to section 713 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Pub. L. 113–128, § 407(a)(1), inserted ‘‘of Edu- cation’’ after ‘‘Secretary’’ wherever appearing. Subsec. (b). Pub. L. 113–128, § 407(a)(3)(A)–(C), des- ignated existing provisions as par. (1), redesignated subsec. (c) as par. (2), and redesignated subsec. (d) as par. (3). Subsecs. (c), (d). Pub. L. 113–128, § 407(a)(3)(D), redesig- nated subsecs. (e) and (f) as (c) and (d), respectively. Former subsecs. (c) and (d) redesignated pars. (2) and (3), respectively, of subsec. (b). Subsecs. (e), (f). Pub. L. 113–128, § 407(a)(4), added sub- secs. (e) and (f). Former subsecs. (e) and (f) redesignated (c) and (d), respectively. Subsec. (f)(2). Pub. L. 113–128, § 407(a)(2), inserted ‘‘competitive’’ after ‘‘nonintegrated to’’. § 712. Information clearinghouse (a) Establishment; information and resources for individuals with disabilities The Secretary of Education shall establish a central clearinghouse for information and re- source availability for individuals with disabil- ities which shall provide information and data regarding— (1) the location, provision, and availability of services and programs for individuals with disabilities, including such information and data provided by State workforce development boards regarding such services and programs authorized under title I of such Act; 1 (2) research and recent medical and sci- entific developments bearing on disabilities (and their prevention, amelioration, causes, and cures); and (3) the current numbers of individuals with disabilities and their needs. The clearinghouse shall also provide any other relevant information and data which the Sec- retary of Education considers appropriate. (b) Information and data retrieval system The Commissioner may assist the Secretary of Education to develop within the Department of Education a coordinated system of information and data retrieval, which will have the capacity and responsibility to provide information re- garding the information and data referred to in subsection (a) of this section to the Congress, public and private agencies and organizations, individuals with disabilities and their families, professionals in fields serving such individuals, and the general public. (c) Office of Information and Resources for Indi- viduals with Disabilities The office established to carry out the provi- sions of this section shall be known as the ‘‘Of- fice of Information and Resources for Individ- uals with Disabilities’’. (d) 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, § 15, formerly § 13, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1113; renumbered § 15, 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(b), July 22, 2014, 128 Stat. 1639.) Editorial Notes REFERENCES IN TEXT Such Act, referred to in subsec. (a)(1), probably means the Workforce Investment Act of 1998, which is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was re- pealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to former chapter 30 (former § 2801 et seq.) of this title. Pursuant to section 3361(a) of this title, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Inno- vation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce Investment Act of 1998 to the Code, see Ta- bles. For complete classification of the Workforce Inno- vation and Opportunity 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 714 of this title prior to repeal by Pub. L. 105–220. A prior section 712, Pub. L. 93–112, § 13, as added Pub. L. 95–602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2985; amended Pub. L. 98–221, title I, § 102, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, title I, § 105, Oct. 21, 1986, 100 Stat. 1812; Pub. L. 102–569, title I, §§ 102(p)(4), 106, Oct. 29, 1992, 106 Stat. 4356, 4362; Pub. L. 104–66, title I, § 1042(c), Dec. 21, 1995, 109 Stat. 715, related to reports to President and Congress, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 710 of this title. A prior section 15 of Pub. L. 93–112 was renumbered section 17 and is classified to section 714 of this title. Another prior section 15 of Pub. L. 93–112 was classi- fied to section 714 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128, § 407(b)(1)(A), in- serted ‘‘of Education’’ after ‘‘Secretary’’ in introduc- tory and concluding provisions. Subsec. (a)(1). Pub. L. 113–128, § 407(b)(1)(B), sub- stituted ‘‘State workforce development boards’’ for ‘‘State workforce investment boards’’. Subsec. (b). Pub. L. 113–128, § 407(b)(2), substituted ‘‘Secretary of Education’’ for ‘‘Secretary’’. § 713. Transfer of funds (a) Except as provided in subsection (b) of this section, no funds appropriated under this chap- ter for any program or activity may be used for any purpose other than that for which the funds were specifically authorized. (b) No more than 1 percent of funds appro- priated for discretionary grants, contracts, or cooperative agreements authorized by this chap- ter may be used for the purpose of providing non-Federal panels of experts to review applica- tions for such grants, contracts, or cooperative agreements.