text:
US (United States) Code. Title 29. Chapter 16: Vocational rehabilitation and other
-CITE-
29 USC Sec. 772 01/06/03
-EXPCITE-
TITLE 29 - LABOR
CHAPTER 16 - VOCATIONAL REHABILITATION AND OTHER REHABILITATION
SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
-HEAD-
Sec. 772. Training
-STATUTE-
(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
(including 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 personnel (especially
rehabilitation counselors) who are trained in providing
vocational, medical, social, and psychological rehabilitation
services, who are trained to assist individuals with
communication and related disorders, who are trained to provide
other services provided under this chapter, to individuals with
disabilities, and who may include -
(A) personnel specifically trained in providing employment
assistance to individuals with disabilities through job
development and job placement services;
(B) personnel specifically trained to identify, assess, and
meet the individual rehabilitation needs of individuals with
disabilities, including needs for rehabilitation technology;
(C) personnel specifically trained to deliver services to
individuals who may benefit from receiving independent living
services;
(D) personnel specifically trained to deliver services in the
client assistance programs;
(E) personnel specifically trained to deliver services,
through supported employment programs, to individuals with a
most significant disability; and
(F) personnel specifically trained to deliver services to
individuals with disabilities pursuing self-employment,
business ownership, and telecommuting; and
(G) personnel trained in performing other functions necessary
to the provision of vocational, medical, social, and
psychological rehabilitation services, and other services
provided under this chapter.
(2) Authority to provide scholarships
Grants and contracts under paragraph (1) may be expended for
scholarships and may include necessary stipends and allowances.
(3) Related Federal statutes
In carrying out this subsection, the Commissioner may make
grants to and enter into contracts with States and public or
nonprofit agencies and organizations, including institutions of
higher education, to furnish training regarding provisions of
Federal statutes, including section 794 of this title, title I of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et
seq.), and the provisions of titles II and XVI of the Social
Security Act (42 U.S.C. 401 et seq. and 1381 et seq.), that are
related to work incentives for individuals with disabilities.
(4) Training for statewide workforce systems personnel
The Commissioner may make grants to and enter into contracts
under this subsection with States and public or nonprofit
agencies and organizations, including institutions of higher
education, to furnish training to personnel providing services to
individuals with disabilities under title I of the Workforce
Investment Act of 1998 [29 U.S.C. 2801 et seq.]. Under this
paragraph, personnel may be trained -
(A) in evaluative skills to determine whether an individual
with a disability may be served by the State vocational
rehabilitation program or another component of a statewide
workforce investment system; or
(B) to assist individuals with disabilities seeking
assistance through one-stop delivery systems described in
section 134(c) of the Workforce Investment Act of 1998 [29
U.S.C. 2864(c)].
(5) Joint funding
Training and other activities provided under paragraph (4) for
personnel may be jointly funded with the Department of Labor,
using funds made available under title I of the Workforce
Investment Act of 1998 [29 U.S.C. 2801 et seq.].
(b) Grants and contracts for academic degrees and academic
certificate granting training projects
(A) In general
The Commissioner may make grants to, and enter into contracts
costs of academic training projects to provide training that
leads to an academic degree or academic certificate. In making
such grants or entering into such contracts, the Commissioner
shall target funds to areas determined under subsection (e) of
this section to have shortages of qualified personnel.
(B) Types of projects
Academic training projects described in this subsection may
include -
(i) projects to train personnel in the areas of assisting
and supporting individuals with disabilities pursuing
self-employment, business ownership, and telecommuting, and
of vocational rehabilitation counseling, rehabilitation
technology, rehabilitation medicine, rehabilitation nursing,
rehabilitation social work, rehabilitation psychiatry,
rehabilitation psychology, rehabilitation dentistry, physical
therapy, occupational therapy, speech pathology and
audiology, physical education, therapeutic recreation,
community rehabilitation programs, or prosthetics and
orthotics;
(ii) projects to train personnel to provide -
(I) services to individuals with specific disabilities or
individuals with disabilities who have specific impediments
to rehabilitation, including individuals who are members of
populations that are unserved or underserved by programs
under this chapter;
(II) job development and job placement services to
individuals with disabilities;
(III) supported employment services, including services
of employment specialists for individuals with
disabilities;
(IV) specialized services for individuals with
significant disabilities; or
(V) recreation for individuals with disabilities;
(iii) projects to train personnel in other fields
contributing to the rehabilitation of individuals with
disabilities; and
(iv) projects to train personnel in the use, applications,
and benefits of rehabilitation technology.
(2) Application
No grant shall be awarded or contract entered into under this
subsection unless the applicant has submitted to the Commissioner
an application at such time, in such form, in accordance with
such procedures, and including such information as the Secretary
may require, including -
(A) a description of how the designated State unit or units
will participate in the project to be funded under the grant or
contract, including, as appropriate, participation on advisory
committees, as practicum sites, in curriculum development, and
in other ways so as to build closer relationships between the
applicant and the designated State unit and to encourage
students to pursue careers in public vocational rehabilitation
programs;
(B) the identification of potential employers that provide
employment that meets the requirements of paragraph (5)(A)(i);
(C) an assurance that data on the employment of graduates or
trainees who participate in the project is accurate.
(3) Limitation
Except as provided in subparagraph (B), no grant or contract
under this subsection may be used to provide any one course of
study to an individual for a period of more than 4 years.
(B) Exception
If a grant or contract recipient under this subsection
determines that an individual has a disability which seriously
affects the completion of training under this subsection, the
grant or contract recipient may extend the period referred to
in subparagraph (A).
Grants and contracts under paragraph (1) may be expanded to
provide services that include the provision of scholarships and
necessary stipends and allowances.
(5) Agreements
(A) Contents
A recipient of a grant or contract under this subsection
shall provide assurances to the Commissioner that each
individual who receives a scholarship, for any academic year
beginning after June 1, 1992, utilizing funds provided under
such grant or contract shall enter into an agreement with the
recipient under which the individual shall -
(i) maintain employment -
(I) in a nonprofit rehabilitation agency or related
agency or in a State rehabilitation agency or related
agency, including a professional corporation or
professional practice group through which the individual
has a service arrangement with the designated State agency;
(II) on a full- or part-time basis; and
(III) for a period of not less than the full-time
equivalent of 2 years for each year for which assistance
under this section was received by the individual,
within a period, beginning after the recipient completes the
training for which the scholarship was awarded, of not more
than the sum of the number of years in the period described
in subclause (III) and 2 additional years; and
(ii) repay all or part of any scholarship received, plus
interest, if the individual does not fulfill the requirements
of clause (i),
except as the Commissioner by regulation may provide for
repayment exceptions and deferrals.
(B) Enforcement
The Commissioner shall be responsible for the enforcement of
each agreement entered into under subparagraph (A) upon
completion of the training involved under such subparagraph.
(c) Grants to historically Black colleges and universities
The Commissioner, in carrying out this section, shall make grants
to historically Black colleges and universities and other
institutions of higher education whose minority student enrollment
is at least 50 percent of the total enrollment of the institution.
(d) Application
A grant may not be awarded to a State or other organization under
this section unless the State or organization has submitted an
application to the Commissioner at such time, in such form, in
accordance with such procedures, and containing such information as
the Commissioner may require. Any such application shall include a
detailed description of strategies that will be utilized to recruit
and train individuals so as to reflect the diverse populations of
the United States as part of the effort to increase the number of
individuals with disabilities, and individuals who are from
linguistically and culturally diverse backgrounds, who are
available to provide rehabilitation services.
(e) Evaluation and collection of data
The Commissioner shall evaluate the impact of the training
programs conducted under this section, and collect information on
the training needs of, and data on shortages of qualified personnel
necessary to provide services to individuals with disabilities. The
Commissioner shall prepare and submit to Congress, by September 30
of each fiscal year, a report setting forth and justifying in
detail how the funds made available for training under this section
for the fiscal year prior to such submission are allocated by
professional discipline and other program areas. The report shall
also contain findings on such personnel shortages, how funds
proposed for the succeeding fiscal year will be allocated under the
President's budget proposal, and how the findings on personnel
shortages justify the allocations.
(f) Grants for the training of interpreters
For the purpose of training a sufficient number of qualified
interpreters to meet the communications needs of individuals
who are deaf or hard of hearing, and individuals who are
deaf-blind, the Commissioner, acting through a Federal office
responsible for deafness and communicative disorders, may award
grants to public or private nonprofit agencies or organizations
to pay part of the costs -
(i) for the establishment of interpreter training programs;
(ii) to enable such agencies or organizations to provide
financial assistance for ongoing interpreter training
(B) Geographic areas
The Commissioner shall award grants under this subsection for
programs in geographic areas throughout the United States that
the Commissioner considers appropriate to best carry out the
objectives of this section.
(C) Priority
In awarding grants under this subsection, the Commissioner
shall give priority to public or private nonprofit agencies or
organizations with existing programs that have a demonstrated
capacity for providing interpreter training services.
(D) Funding
The Commissioner may award grants under this subsection
through the use of -
(i) amounts appropriated to carry out this section; or
(ii) pursuant to an agreement with the Director of the
Office of the Special Education Program (established under
section 1402 of title 20), amounts appropriated under section
1486 of title 20.
A grant may not be awarded to an agency or organization under
paragraph (1) unless the agency or organization has submitted an
accordance with such procedures, and containing such information
as the Commissioner may require, including -
(A) a description of the manner in which an interpreter
training program will be developed and operated during the
5-year period following the date on which a grant is received
by the applicant under this subsection;
(B) a demonstration of the applicant's capacity or potential
for providing training for interpreters for individuals who are
deaf or hard of hearing, and individuals who are deaf-blind;
(C) assurances that any interpreter trained or retrained
under a program funded under the grant will meet such minimum
standards of competency as the Commissioner may establish for
purposes of this subsection; and
(D) such other information as the Commissioner may require.
(g) Technical assistance and in-service training
(1) Technical assistance
The Commissioner is authorized to provide technical assistance
to State designated agencies and community rehabilitation
programs, directly or through contracts with State designated
agencies or nonprofit organizations.
(2) Compensation
An expert or consultant appointed or serving under contract
pursuant to this section shall be compensated at a rate, subject
to approval of the Commissioner, that shall not exceed the daily
equivalent of the rate of pay for level 4 of the Senior Executive
Service Schedule under section 5382 of title 5. Such an expert or
consultant may be allowed travel and transportation expenses in
accordance with section 5703 of title 5.
(3) In-service training of rehabilitation personnel
(A) Projects
Subject to subparagraph (B), at least 15 percent of the sums
appropriated to carry out this section shall be allocated to
designated State agencies to be used, directly or indirectly,
for projects for in-service training for rehabilitation
personnel, consistent with the needs identified through the
comprehensive system for personnel development required by
section 721(a)(7) of this title, including projects designed -
(i) to address recruitment and retention of qualified
rehabilitation professionals;
(ii) to provide for succession planning;
(iii) to provide for leadership development and capacity
building; and
(iv) for fiscal years 1999 and 2000, to provide training
regarding the Workforce Investment Act of 1998 and the
amendments to this chapter made by the Rehabilitation Act
Amendments of 1998.
(B) Limitation
If the allocation to designated State agencies required by
subparagraph (A) would result in a lower level of funding for
projects being carried out on August 7, 1998, by other
recipients of funds under this section, the Commissioner may
allocate less than 15 percent of the sums described in
subparagraph (A) to designated State agencies for such
in-service training.
(h) Provision of information
The Commissioner, subject to the provisions of section 776 of
this title, may require that recipients of grants or contracts
under this section provide information, including data, with regard
to the impact of activities funded under this section.
(i) Authorization of appropriations
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.
-SOURCE-
(Pub. L. 93-112, title III, Sec. 302, as added Pub. L. 105-220,
title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1184.)
-REFTEXT-
The Americans with Disabilities Act of 1990, referred to in
subsec. (a)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,
as amended. Title I of the Act is classified generally to
subchapter I (Sec. 12111 et seq.) of chapter 126 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.
The Social Security Act, referred to in subsec. (a)(3), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI
of the Act are classified generally to subchapters II (Sec. 401 et
seq.) and XVI (Sec. 1381 et seq.), respectively, of chapter 7 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.
The Workforce Investment Act of 1998, referred to in subsecs.
(a)(4), (5) and (g)(3)(A)(iv), is Pub. L. 105-220, Aug. 7, 1998,
112 Stat. 936, as amended. Title I of the Act is classified
principally to chapter 30 (Sec. 2801 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 9201 of Title 20, Education, and Tables.
The Rehabilitation Act Amendments of 1998, referred to in subsec.
(g)(3)(A)(iv), is title IV of Pub. L. 105-220, Aug. 7, 1998, 112
Stat. 1092. For complete classification of this Act to the Code,
see Short Title of 1998 Amendment note set out under section 701 of
this title and Tables.
-MISC1-
PRIOR PROVISIONS
Provisions similar to this section were contained in section 771a
of this title prior to the general amendment of this subchapter by
Pub. L. 105-220.
A prior section 772, Pub. L. 93-112, title III, Sec. 303,
formerly Sec. 302, Sept. 26, 1973, 87 Stat. 378; Pub. L. 93-516,
title I, Sec. 105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651,
title I, Sec. 105, Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230,
Secs. 5, 11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L.
95-602, title I, Secs. 112(b), 122(c)(3), Nov. 6, 1978, 92 Stat.
2968, 2987; Pub. L. 98-221, title I, Sec. 132, Feb. 22, 1984, 98
Stat. 24; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title IV,
Sec. 402, title X, Sec. 1001(d)(1), Oct. 21, 1986, 100 Stat. 1810,
1824, 1842; Pub. L. 100-630, title II, Sec. 204(b), Nov. 7, 1988,
102 Stat. 3308; Pub. L. 102-52, Sec. 4(b), June 6, 1991, 105 Stat.
261; renumbered Sec. 303 and amended Pub. L. 102-569, title I, Sec.
102(p)(16), title III, Secs. 301(b)(3), 303, Oct. 29, 1992, 106
Stat. 4358, 4411, 4416, related to vocational rehabilitation
services for individuals with disabilities, prior to the general
amendment of this subchapter by Pub. L. 105-220.
A prior section 302 of Pub. L. 93-112 was classified to section
771a of this title prior to the general amendment of this
subchapter by Pub. L. 105-220.
Sec. 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 organizations to pay all or part of the
costs of projects to demonstrate ways to increase client choice
in the rehabilitation process, including the selection of
providers of vocational 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-Federal sources for such projects.
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 increased client
choice in the rehabilitation process, including a
description, if appropriate, 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 conducted 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, include -
(i) a statement of the vocational rehabilitation goals to
be achieved;
(ii) a statement of the specific vocational rehabilitation
services to be provided, the projected dates for their
initiation, and the anticipated duration of each such
service; and
(iii) objective criteria, an evaluation procedure, 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 increase 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 Commissioner may require and comply with any
request 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 evaluation of the demonstration
projects with respect 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 Commissioner may
reserve funds for the evaluation for a fiscal year from the
amounts appropriated to carry out projects under this section for
the fiscal year.
(8) Definitions
For the purposes of this subsection:
(A) Direct services
The term "direct services" means vocational rehabilitation
services, as described in section 723(a) of this title.
(B) Eligible client
The term "eligible client" means an individual 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
(b) Special demonstration programs
(1) Grants; contracts
this title, may provide grants to, or enter into contracts with,
eligible entities to pay all or part of the cost of programs that
expand and improve the provision of rehabilitation and other
services authorized under this chapter or that further the
purposes of the chapter, including related research 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 entity 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
appropriate, a for-profit organization. The Commissioner 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.
An eligible entity that desires to receive a grant, or enter
into a contract, under paragraph (1) shall submit an application
to the Secretary at such time, in such form, and containing 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 and
Rehabilitation Research, 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
(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 activities.
(5) Priority for competitions
In announcing competitions for grants and contracts under
this subsection, the Commissioner shall give priority
consideration to -
(i) special projects and demonstration programs of service
delivery for adults who are either low-functioning and deaf
or low-functioning and hard of hearing;
(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 employment services; and
(iii) model transitional planning services for youths with
disabilities.
(B) Additional competitions
this subsection, the Commissioner may require that applicants
address 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 populations, unserved and
underserved areas, individuals with significant disabilities,
low-incidence disability population or individuals residing
in federally designated empowerment zones and enterprise
(vii) Expansion of employment opportunities for individuals
with disabilities.
(viii) Systems change projects to promote meaningful access
of individuals with disabilities to employment-related
services under title I of the Workforce Investment Act of
1998 [29 U.S.C. 2801 et seq.] and under other Federal laws.
(ix) Innovative methods of promoting achievement of
high-quality employment outcomes.
(x) The demonstration of the effectiveness of early
intervention activities in improving employment outcomes.
(xi) Alternative methods of providing affordable
transportation services to individuals with disabilities who
are employed, seeking employment, or receiving vocational
rehabilitation services from public or private organizations
and who reside in geographic areas in which public
transportation or paratransit service is not available.
(6) Use of funds for continuation awards
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 sections were
in effect on the day before August 7, 1998).
(c) Parent information and training program
The Commissioner is authorized to make grants to private
nonprofit organizations for the purpose of establishing programs
to provide training and information to enable individuals with
disabilities, and the parents, family members, guardians,
advocates, or other authorized representatives of the individuals
to participate more effectively with professionals in meeting the
vocational, independent living, and rehabilitation needs of
individuals with disabilities. Such grants shall be designed to
meet the unique training and information 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 underserved by programs under this chapter.
(2) Use of grants
An organization that receives a grant to establish training and
information programs under this subsection shall use the grant to
assist individuals with disabilities, and the parents, family
members, guardians, advocates, or authorized representatives of
the individuals -
(A) to better understand vocational rehabilitation and
independent living programs and services;
(B) to provide followup support for transition and employment
(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 obtaining information
about rehabilitation and independent living programs, services,
and resources that are appropriate; and
(F) to understand the provisions of this chapter,
particularly provisions relating to employment, supported
employment, and independent living.
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 members, guardians, advocates, or
authorized representatives of the individuals, in both urban
and rural areas or on a State or regional basis.
(4) Eligible organizations
In order to receive a grant under this subsection, 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 information demonstrating
the capacity and expertise of the organization -
(i) to coordinate training and information activities with
Centers for Independent Living;
(ii) to coordinate and work closely with parent training
and information centers established pursuant to section
1482(a) 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 directors -
(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 parents, family members, guardians,
advocates, or authorized representatives of the individuals;
(ii)(I) shall have a membership that represents the interests
of individuals with disabilities; 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 individuals with a full range of
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 coordination and technical
assistance by grant or cooperative agreement for establishing,
developing, and coordinating the training and information
programs. To the extent practicable, such assistance shall be
provided by the parent training and information centers
established pursuant to section 1482(a) 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 requests the renewal of a
grant under this subsection, the board of directors or the
special governing committee shall prepare and submit to the
Commissioner a written review of the training and information
program conducted by the organization during the preceding
fiscal year.
(d) Braille training programs
(1) Establishment
with, States and public or nonprofit agencies and organizations,
including institutions of higher education, to pay all or part of
the cost of training in the use of braille for personnel
providing vocational rehabilitation services or educational
services to youth and adults who are blind.
(2) Projects
Such grants shall be used for the establishment or continuation
of projects that may provide -
(A) development of braille training materials;
(B) in-service or pre-service training in the use of braille,
the importance of braille literacy, and methods of teaching
braille to youth and adults who are blind; and
(C) activities to promote knowledge and use of braille and
nonvisual access technology for blind youth and adults through
a program of training, demonstration, and evaluation conducted
with leadership of experienced blind individuals, including the
use of comprehensive, state-of-the-art technology.
under paragraph (1), an agency 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
The Workforce Investment Act of 1998, referred to in subsec.
(b)(5)(B)(viii), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936,
as amended. Title I of the Act is classified principally to chapter
30 (Sec. 2801 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
9201 of Title 20, Education, and Tables.
Sections 711 and 777a of this title (as in effect on the day
before August 7, 1998), referred to in subsec. (b)(6), means
section 711 of this title prior to repeal by Pub. L. 105-220, title
IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093, and section 777a of
this title prior to the general amendment of this subchapter by
Pub. L. 105-220, title IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1183.
title I, Sec. 113, Nov. 6, 1978, 92 Stat. 2968; Pub. L. 99-506,
title I, Sec. 103(d)(2)(C), title X, Sec. 1001(d)(2), Oct. 21,
1986, 100 Stat. 1810, 1843; renumbered Sec. 304 and amended Pub. L.
102-569, title I, Sec. 102(p)(17), title III, Secs. 301(b)(3), 304,
Oct. 29, 1992, 106 Stat. 4358, 4411, 4417, related to loan
guarantees for community rehabilitation programs, prior to the
general amendment of this subchapter by Pub. L. 105-220.
772 of this title prior to the general amendment of this subchapter
by Pub. L. 105-220.
Sec. 774. Migrant and seasonal farmworkers
(a) Grants
this title, may make grants to eligible entities to pay up to 90
percent of the cost of projects or demonstration programs for the
provision of vocational rehabilitation services to individuals
with disabilities who are migrant or seasonal farmworkers, as
determined in accordance with rules prescribed by the Secretary
of Labor, and to the family members who are residing with such
individuals (whether or not such family members are individuals
with disabilities).
(2) Eligible entities
To be eligible to receive a grant under paragraph (1), an
entity shall be -
(A) a State designated agency;
(B) a nonprofit agency working in collaboration with a State
agency described in subparagraph (A); or
(C) a local agency working in collaboration with a State
agency described in subparagraph (A).
(3) Maintenance and transportation
Amounts provided under a grant under this section may be used
to provide for the maintenance of and transportation for
individuals and family members described in paragraph (1) as
necessary for the rehabilitation of such individuals.
(B) Requirement
Maintenance payments under this paragraph shall be provided
in a manner consistent with any maintenance payments provided
to other individuals with disabilities in the State under this
chapter.
(4) Assurance of cooperation
To be eligible to receive a grant under this section an entity
shall provide assurances (satisfactory to the Commissioner) that
in the provision of services under the grant there will be
appropriate cooperation between the grantee and other public or
nonprofit agencies and organizations having special skills and
experience in the provision of services to migrant or seasonal
farmworkers or their families.
(5) Coordination with other programs
The Commissioner shall administer this section in coordination
with other programs serving migrant and seasonal farmworkers,
including programs under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), section 254b of
title 42, the Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1801 et seq.), and the Workforce Investment Act of
(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out this section, for each of the fiscal years
1999 through 2003.
The Elementary and Secondary Education Act of 1965, referred to
in subsec. (a)(5), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
amended. Title I of the Act is classified generally to subchapter I
(Sec. 6301 et seq.) of chapter 70 of Title 20, Education. For
note set out under section 6301 of Title 20 and Tables.
The Migrant and Seasonal Agricultural Worker Protection Act,
referred to in subsec. (a)(5), is Pub. L. 97-470, Jan. 14, 1983, 96
Stat. 2584, as amended, which is classified generally to chapter 20
(Sec. 1801 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
1801 of this title and Tables.
(a)(5), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
amended. For complete classification of this Act to the Code, see
Short Title note set out under section 9201 of Title 20, Education,
and Tables.
Provisions similar to this section were contained in section 777b
formerly title II, Sec. 203, Sept. 26, 1973, 87 Stat. 376,
renumbered 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, Sec. 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, Sec. 304,
Sept. 26, 1973, 87 Stat. 381; Pub. L. 93-516, title I, Secs. 106,
111(i)-(k), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93-651,
title I, Secs. 106, 111(i)-(k), Nov. 21, 1974, 89 Stat. 2-4, 2-6;
Pub. L. 94-230, Secs. 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, Sec. 109(1), Nov. 6, 1978, 92
Stat. 2962.
Sec. 775. Recreational programs
this title, shall make grants to States, public agencies, and
nonprofit private organizations to pay the Federal share of the
cost of the establishment and operation of recreation programs
to provide individuals with disabilities with recreational
activities and related experiences to aid in the employment,
mobility, socialization, independence, and community
integration of such individuals.
(B) Recreation programs
The recreation programs that may be funded using assistance
provided under a grant under this section may include
vocational skills development, leisure education, leisure
networking, leisure resource development, physical education
and sports, scouting and camping, 4-H activities, construction
of facilities for aquatic rehabilitation therapy, music,
dancing, handicrafts, art, and homemaking. When possible and
appropriate, such programs and activities should be provided in
settings with peers who are not individuals with disabilities.
(C) Design of program
Programs and activities carried out under this section shall
be designed to demonstrate ways in which such programs assist
in maximizing the independence and integration of individuals
(2) Maximum term of grant
A grant under this section shall be made for a period of not
more than 3 years.
(3) Availability of nongrant resources
A grant may not be made to an applicant under this section
unless the applicant provides assurances that, with respect to
costs of the recreation program to be carried out under the
grant, the applicant, to the maximum extent practicable, will
make available non-Federal resources (in cash or in-kind) to
pay the non-Federal share of such costs.
(B) Federal share
The Federal share of the costs of the recreation programs
carried out under this section shall be -
(i) with respect to the first year in which assistance is
provided under a grant under this section, 100 percent;
(ii) with respect to the second year in which assistance is
provided under a grant under this section, 75 percent; and
(iii) with respect to the third year in which assistance is
provided under a grant under this section, 50 percent.
To be eligible to receive a grant under this section, a State,
agency, or organization shall submit an application to the
Commissioner at such time, in such manner, and containing such
information as the Commissioner may require, including a
description of -
(A) the manner in which the findings and results of the
project to be funded under the grant, particularly information
that facilitates the replication of the results of such
projects, will be made generally available; and
(B) the manner in which the service program funded under the
grant will be continued after Federal assistance ends.
(5) Level of services
Recreation programs funded under this section shall maintain,
at a minimum, the same level of services over a 3-year project
(6) Reports by grantees
(A) Requirement
The Commissioner shall require that each recipient of a grant
under this section annually prepare and submit to the
Commissioner a report concerning the results of the activities
funded under the grant.
The Commissioner may not make financial assistance available
to a grant recipient for a subsequent year until the
Commissioner has received and evaluated the annual report of
the recipient under subparagraph (A) for the current year.
There are authorized to be appropriated to carry out this
section, such sums as may be necessary for each of the fiscal years
Provisions similar to this section were contained in section 777f
A prior section 775, Pub. L. 93-112, title III, Sec. 305, as
added Pub. L. 95-602, title I, Sec. 115(a), Nov. 6, 1978, 92 Stat.
2971; amended Pub. L. 98-221, title I, Sec. 134, Feb. 22, 1984, 98
1825, 1844; Pub. L. 100-630, title II, Sec. 204(d), Nov. 7, 1988,
102 Stat. 3309; Pub. L. 102-52, Sec. 4(d), June 6, 1991, 105 Stat.
261; Pub. L. 102-569, title I, Sec. 102(p)(19), title III, Sec.
305, Oct. 29, 1992, 106 Stat. 4358, 4417, related to comprehensive
rehabilitation centers, prior to the general amendment of this
Sept. 26, 1973, 87 Stat. 383, as amended, which authorized
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 National Center for Deaf-Blind
Youths and Adults, was renumbered section 313 of Pub. L. 93-112 by
Pub. L. 95-602, title I, Sec. 109(1), Nov. 6, 1978, 92 Stat. 2962,
transferred to section 777c of this title, and subsequently
repealed by Pub. L. 100-630.
Sec. 776. Measuring of project outcomes and performance
The Commissioner may require that recipients of grants under this
subchapter submit information, including data, as determined by the
Commissioner to be necessary to measure project outcomes and
performance, including any data needed to comply with the
Government Performance and Results Act.
The Government Performance and Results Act, referred to in text,
probably means the Government Performance and Results Act of 1993,
Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285, which enacted section
306 of Title 5, Government Organization and Employees, sections
1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and
sections 2801 to 2805 of Title 39, Postal Service, amended section
1105 of Title 31, and enacted provisions set out as notes under
sections 1101 and 1115 of Title 31. For complete classification of
this Act to the Code, see Short Title of 1993 Amendment note set
out under section 1101 of Title 31 and Tables.
Prior sections 776 to 777b were omitted in the general amendment
of this subchapter by Pub. L. 105-220.
Section 776, Pub. L. 93-112, title III, Sec. 306, Sept. 26, 1973,
87 Stat. 384; Pub. L. 93-516, title I, Sec. 111(l), Dec. 7, 1974,
88 Stat. 1621; Pub. L. 93-651, title I, Sec. 111(l), Nov. 21, 1974,
89 Stat. 2-6; Pub. L. 95-602, title I, Secs. 115(b), 122(c)(4)-(6),
Nov. 6, 1978, 92 Stat. 2972, 2987; Pub. L. 99-506, title I, Sec.
103(d)(2)(C), title X, Sec. 1002(d)(4), Oct. 21, 1986, 100 Stat.
1810, 1844; Pub. L. 100-630, title II, Sec. 204(e), Nov. 7, 1988,
102 Stat. 3309; Pub. L. 102-569, title I, Sec. 102(p)(20), title
III, Sec. 306, Oct. 29, 1992, 106 Stat. 4359, 4417, related to
general grant and contract requirements.
Section 777, Pub. L. 93-112, title III, Sec. 310, as added Pub.
L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat. 2973;
amended Pub. L. 98-221, title I, Sec. 135, title II, Sec. 208(b),
Feb. 22, 1984, 98 Stat. 25, 34; Pub. L. 99-506, title IV, Sec. 405,
Oct. 21, 1986, 100 Stat. 1825; Pub. L. 100-630, title II, Sec.
204(f), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102-52, Sec. 4(e)(1),
June 6, 1991, 105 Stat. 261; Pub. L. 102-569, title III, Sec. 307,
Oct. 29, 1992, 106 Stat. 4418; Pub. L. 103-73, title I, Sec.
110(b), Aug. 11, 1993, 107 Stat. 726, authorized appropriations.
Section 777a, Pub. L. 93-112, title III, Sec. 311, as added Pub.
amended Pub. L. 98-221, title I, Sec. 136, Feb. 22, 1984, 98 Stat.
26; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title III, Sec.
302(b), title IV, Sec. 406, Oct. 21, 1986, 100 Stat. 1810, 1821,
1826; Pub. L. 100-630, title II, Sec. 204(g), Nov. 7, 1988, 102
Stat. 3309; Pub. L. 102-52, Sec. 4(e)(2), June 6, 1991, 105 Stat.
261; Pub. L. 102-119, Sec. 26(e), Oct. 7, 1991, 105 Stat. 607; Pub.
L. 102-569, title I, Sec. 102(p)(21), title III, Sec. 308, Oct. 29,
1992, 106 Stat. 4359, 4418; Pub. L. 103-73, title I, Sec. 110(c),
Aug. 11, 1993, 107 Stat. 726; Pub. L. 104-66, title I, Sec.
1041(b), Dec. 21, 1995, 109 Stat. 714, related to special
demonstration programs.
Section 777b, Pub. L. 93-112, title III, Sec. 312, as added Pub.
amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986,
100 Stat. 1810; Pub. L. 100-630, title II, Sec. 204(h), Nov. 7,
1988, 102 Stat. 3309; Pub. L. 102-569, title I, Sec. 102(p)(22),
title III, Sec. 309, Oct. 29, 1992, 106 Stat. 4359, 4420, related
to migratory workers, maintenance payments, and coordination with
other programs. See section 774 of this title.
A prior section 777c, Pub. L. 93-112, title III, Sec. 313, as
added Pub. L. 95-602, title I, Sec. 116(2), Nov. 6, 1978, 92 Stat.
2974, related to Helen Keller National Center for Deaf-Blind Youths
and Adults, prior to repeal by Pub. L. 98-221, title II, Sec.
203(a), Feb. 22, 1984, 98 Stat. 33. See chapter 21 (Sec. 1901 et
seq.) of this title.
Another prior section 777c, Pub. L. 93-112, title III, Sec. 313,
Secs. 7, 11(b)(10), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L.
94-288, Secs. 1, 2, May 21, 1976, 90 Stat. 520; renumbered Sec.
313, Pub. L. 95-602, title I, Sec. 109(1), Nov. 6, 1978, 92 Stat.
2962, formerly classified to section 775 of this title, authorized
1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for
establishment of Helen Keller National Center for Deaf-Blind Youths
and Adults, prior to repeal by Pub. L. 100-630, title II, Sec.
204(k), Nov. 7, 1988, 102 Stat. 3309.
Prior sections 777d to 777f were omitted in the general amendment
Section 777d, Pub. L. 93-112, title III, Sec. 314, as added Pub.
amended Pub. L. 100-630, title II, Sec. 204(i), Nov. 7, 1988, 102
Stat. 3309; Pub. L. 102-569, title I, Sec. 102(p)(23), Oct. 29,
1992, 106 Stat. 4359, related to reader services for individuals
who are blind.
Section 777e, Pub. L. 93-112, title III, Sec. 315, as added Pub.
amended Pub. L. 102-569, title I, Sec. 102(p)(24), Oct. 29, 1992,
106 Stat. 4359, related to interpreter services for individuals who
are deaf.
Section 777f, Pub. L. 93-112, title III, Sec. 316, as added Pub.
26; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title IV, Sec. 407,
Oct. 21, 1986, 100 Stat. 1810, 1827; Pub. L. 100-630, title II,
Sec. 204(j), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102-52, Sec.
4(e)(3), June 6, 1991, 105 Stat. 261; Pub. L. 102-569, title I,
Sec. 102(p)(25), title III, Sec. 310, Oct. 29, 1992, 106 Stat.
4359, 4420; Pub. L. 103-73, title I, Sec. 110(d), Aug. 11, 1993,
107 Stat. 726, related to special recreational programs. See
section 775 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 772, 773, 774, 775 of
this title.
29 USC SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY 01/06/03
SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY
-COD-
Title IV of the Rehabilitation Act of 1973, comprising this
subchapter, was originally enacted by Pub. L. 93-112, title IV,
Sept. 26, 1973, 87 Stat. 385, 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. 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. 102-569, Oct. 29, 1992, 106 Stat.
4344; Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 104-66,
Dec. 21, 1995, 109 Stat. 707. Title IV is shown herein, however, as
having been added by Pub. L. 105-220, title IV, Sec. 407, Aug. 7,
1998, 112 Stat. 1198, without reference to those intervening
amendments because of the extensive revision of title IV by Pub. L.
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 702, 705, 718, 762 of
Sec. 780. Establishment of National Council on Disability
(a) Membership; purpose
(1)(A) There is established within the Federal Government a
National Council on Disability (hereinafter in this subchapter
referred to as the "National Council"), which shall be composed of
fifteen members appointed by the President, by and with the advice
and consent of the Senate.
(B) The President shall select members of the National Council
after soliciting recommendations from representatives of -
(i) organizations representing a broad range of individuals
with disabilities; and
(ii) organizations interested in individuals with disabilities.
(C) The members of the National Council shall be individuals with
disabilities, parents or guardians of individuals with
disabilities, or other individuals who have substantial knowledge
or experience relating to disability policy or programs. The
members of the National Council shall be appointed so as to be
representative of individuals with disabilities, national
organizations concerned with individuals with disabilities,
providers and administrators of services to individuals with
disabilities, individuals engaged in conducting medical or
scientific research relating to individuals with disabilities,
business concerns, and labor organizations. A majority of the
members of the National Council shall be individuals with
disabilities. The members of the National Council shall be broadly
representative of minority and other individuals and groups.
(2) The purpose of the National Council is to promote policies,
programs, practices, and procedures that -
(A) guarantee equal opportunity for all individuals with
disabilities, regardless of the nature or severity of the
disability; and
(B) empower individuals with disabilities to achieve economic
self-sufficiency, independent living, and inclusion and
integration into all aspects of society.
(b) Term of office
(1) Each member of the National Council shall serve for a term of
3 years, except that the terms of service of the members initially
appointed after November 6, 1978, shall be (as specified by the
President) for such fewer number of years as will provide for the
expiration of terms on a staggered basis.
(2)(A) No member of the National Council may serve more than two
consecutive full terms beginning on the date of commencement of the
first full term on the Council. Members may serve after the
expiration of their terms until their successors have taken office.
(B) As used in this paragraph, the term "full term" means a term
of 3 years.
(3) Any member appointed to fill a vacancy occurring before the
expiration of the term for which such member's predecessor was
appointed shall be appointed only for the remainder of such term.
(c) Chairperson; meetings
The President shall designate the Chairperson from among the
members appointed to the National Council. The National Council
shall meet at the call of the Chairperson, but not less often than
four times each year.
(d) Quorum; vacancies
Eight members of the National Council shall constitute a quorum
and any vacancy in the National Council shall not affect its power
to function.
(Pub. L. 93-112, title IV, Sec. 400, as added Pub. L. 105-220,
A prior section 780, Pub. L. 93-112, title IV, Sec. 400, as added
Pub. L. 95-602, title I, Sec. 117, Nov. 6, 1978, 92 Stat. 2977;
amended Pub. L. 98-221, title I, Sec. 141(a), Feb. 22, 1984, 98
Stat. 26; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title V, Sec.
501, title X, Sec. 1001(e), Oct. 21, 1986, 100 Stat. 1810, 1828,
1843; Pub. L. 100-630, title II, Sec. 205(b), Nov. 7, 1988, 102
Stat. 3310; Pub. L. 102-569, title I, Sec. 102(p)(26), title IV,
Sec. 401, Oct. 29, 1992, 106 Stat. 4360, 4421, related to
establishment of the National Council on Disability, prior to the
Another prior section 780, Pub. L. 93-112, title IV, Sec. 400,
Sept. 26, 1973, 87 Stat. 385, related to general administrative
powers of Secretary under this chapter, prior to repeal by Pub. L.
95-602, Sec. 117.
This section is referred to in section 781 of this title.
29 USC Sec. 780a 01/06/03
Sec. 780a. Independent status of National Council on the
(1) Council as independent agency within Federal Government
Effective on February 22, 1984, the National Council on the
Handicapped shall be an independent agency within the Federal
Government and shall not be an agency within the Department of
Education or any other department or agency of the United States.
(2) Transfer of functions to Council Chairman
There are transferred to the Chairman of the National Council on
the Handicapped all functions relating to the Council which were
vested in the Secretary of Education on the day before February 22,
1984. The Chairman of the National Council on the Handicapped shall
continue to exercise all the functions under the Rehabilitation Act
of 1973 [29 U.S.C. 701 et seq.] or any other law or authority which
the Chairman was performing before February 22, 1984.
(3) Changes in statutory and other references
References in any statute, reorganization plan, Executive order,
regulation, or other official document or proceeding to the
Department of Education or the Secretary of Education with respect
to functions or activities relating to the National Council on the
Handicapped shall be deemed to refer to the National Council on the
Handicapped or the Chairman of the National Council on the
Handicapped, respectively.
(Pub. L. 98-221, title I, Sec. 141(b), Feb. 22, 1984, 98 Stat. 26.)
The Rehabilitation Act of 1973, referred to in par. (2), is Pub.
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is
classified generally to this chapter (Sec. 701 et seq.). For
note set out under section 701 of this title and Tables.
Section was enacted as part of the Rehabilitation Amendments of
1984, and not as part of Rehabilitation Act of 1973 which comprises
this chapter.
-CHANGE-
The National Council on the Handicapped was established by former
section 780 of this title and was redesignated the National Council
on Disability by an amendment to that section by Pub. L. 100-630,
title II, Sec. 205(b), Nov. 7, 1988, 102 Stat. 3310.
Sec. 781. Duties of National Council
The National Council shall -
(1) provide advice to the Director with respect to the policies
and conduct of the National Institute on Disability and
Rehabilitation Research, including ways to improve research
concerning individuals with disabilities and the methods of
collecting and disseminating findings of such research;
(2) provide advice to the Commissioner with respect to the
policies of and conduct of the Rehabilitation Services
Administration;
(3) advise the President, the Congress, the Commissioner, the
appropriate Assistant Secretary of the Department of Education,
and the Director of the National Institute on Disability and
Rehabilitation Research on the development of the programs to be
carried out under this chapter;
(4) provide advice regarding priorities for the activities of
the Interagency Disability Coordinating Council and review the
recommendations of such Council for legislative and
administrative changes to ensure that such recommendations are
consistent with the purposes of the Council to promote the full
integration, independence, and productivity of individuals with
(5) review and evaluate on a continuing basis -
(A) policies, programs, practices, and procedures concerning
individuals with disabilities conducted or assisted by Federal
departments and agencies, including programs established or
assisted under this chapter or under the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 [42
U.S.C. 15001 et seq.]; and
(B) all statutes and regulations pertaining to Federal
programs which assist such individuals with disabilities;
in order to assess the effectiveness of such policies, programs,
practices, procedures, statutes, and regulations in meeting the
needs of individuals with disabilities;
(6) assess the extent to which such policies, programs,
practices, and procedures facilitate or impede the promotion of
the policies set forth in subparagraphs (A) and (B) of section
780(a)(2) of this title;
(7) gather information about the implementation, effectiveness,
and impact of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(8) make recommendations to the President, the Congress, the
Secretary, the Director of the National Institute on Disability
and Rehabilitation Research, and other officials of Federal
agencies or other Federal entities, respecting ways to better
promote the policies set forth in section 780(a)(2) of this
title;
(9) provide to the Congress on a continuing basis advice,
recommendations, legislative proposals, and any additional
information that the National Council or the Congress deems
appropriate; and
(10) review and evaluate on a continuing basis new and emerging
disability policy issues affecting individuals with disabilities
at the Federal, State, and local levels, and in the private
sector, including the need for and coordination of adult
services, access to personal assistance services, school reform
efforts and the impact of such efforts on individuals with
disabilities, access to health care, and policies that operate as
disincentives for the individuals to seek and retain employment.
(b) Annual reports
(1) Not later than October 31, 1998, and annually thereafter, the
National Council shall prepare and submit to the President and the
appropriate committees of the Congress a report entitled "National
Disability Policy: A Progress Report".
(2) The report shall assess the status of the Nation in achieving
the policies set forth in section 780(a)(2) of this title, with
particular focus on the new and emerging issues impacting on the
lives of individuals with disabilities. The report shall present,
as appropriate, available data on health, housing, employment,
insurance, transportation, recreation, training, prevention, early
intervention, and education. The report shall include
recommendations for policy change.
(3) In determining the issues to focus on and the findings,
conclusions, and recommendations to include in the report, the
National Council shall seek input from the public, particularly
individuals with disabilities, representatives of organizations
representing a broad range of individuals with disabilities, and
organizations and agencies interested in individuals with
(c) Report describing barriers
(1) Not later than December 31, 1999, the Council shall prepare a
report describing the barriers in Federal assistive technology
policy to increasing the availability of and access to assistive
technology devices and assistive technology services for
individuals with disabilities.
(2) In preparing the report, the Council shall obtain input from
the National Institute on Disability and Rehabilitation Research
and the Association of Tech Act Projects, and from targeted
individuals, as defined in section 3002 of this title.
(3) The Council shall submit the report, along with such
recommendations as the Council determines to be appropriate, to the
Committee on Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House of
title IV, Sec. 407, Aug. 7, 1998, 112 Stat. 1199; amended Pub. L.
105-394, title II, Sec. 202, Nov. 13, 1998, 112 Stat. 3653; Pub. L.
106-402, title IV, Sec. 401(b)(3)(B), Oct. 30, 2000, 114 Stat.
1737.)
The Developmental Disabilities Assistance and Bill of Rights Act
of 2000, referred to in subsec. (a)(5)(A), is Pub. L. 106-402, Oct.
30, 2000, 114 Stat. 1677, which is classified principally to
chapter 144 (Sec. 15001 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 15001 of Title 42 and
as amended, which is classified principally to chapter 126 (Sec.
12101 et seq.) of Title 42, The Public Health and Welfare. For
note set out under section 12101 of Title 42 and Tables.
302(b), title V, Sec. 502, Oct. 21, 1986, 100 Stat. 1810, 1821,
1828; Pub. L. 100-630, title II, Sec. 205(c), Nov. 7, 1988, 102
Sec. 402, Oct. 29, 1992, 106 Stat. 4360, 4422; Pub. L. 104-66,
title II, Sec. 2131, Dec. 21, 1995, 109 Stat. 731, related to
duties of National Council on Disability, prior to the general
Sept. 26, 1973, 87 Stat. 386, related to program and project
evaluation, prior to repeal by Pub. L. 95-602, Sec. 117.
2000 - Subsec. (a)(5)(A). Pub. L. 106-402, which directed
substitution of "Developmental Disabilities Assistance and Bill of
Rights Act of 2000" for "Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6000 et seq.)", was executed by
making the substitution for "Developmental Disabilities Assistance
and Bill of Rights Act" to reflect the probable intent of Congress.
1998 - Subsec. (c). Pub. L. 105-394 added subsec. (c).
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 a report to Congress required under subsec. (b) of this
section is listed on page 182), see section 3003 of Pub. L. 104-66,
as amended, set out as a note under section 1113 of Title 31, Money
and Finance.
Sec. 782. Compensation of National Council members
(a) Rate
Members of the National Council shall be entitled to receive
compensation at a rate equal to the rate of pay for level 4 of the
Senior Executive Service Schedule under section 5382 of title 5,
including travel time, for each day they are engaged in the
performance of their duties as members of the National Council.
(b) Full-time officers or employees of United States
Members of the National Council who are full-time officers or
employees of the United States shall receive no additional pay on
account of their service on the National Council except for
compensation for travel expenses as provided under subsection (c)
of this section.
(c) Travel expenses
While away from their homes or regular places of business in the
performance of services for the National Council, members of the
National Council shall be allowed travel expenses, including per
diem in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5.
amended Pub. L. 100-630, title II, Sec. 205(d), Nov. 7, 1988, 102
Stat. 3310; Pub. L. 102-569, title IV, Sec. 403, Oct. 29, 1992, 106
Stat. 4423, related to compensation of National Council members,
prior to the general amendment of this subchapter by Pub. L.
Sept. 26, 1973, 87 Stat. 387, authorized the Secretary to obtain
information from Federal agencies, prior to repeal by Pub. L.
Sec. 783. Staff of National Council
(a) Executive Director; technical and professional employees
(1) The Chairperson of the National Council may appoint and
remove, without regard to the provisions of title 5 governing
appointments, the provisions of chapter 75 of such title (relating
to adverse actions), the provisions of chapter 77 of such title
(relating to appeals), or the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to
classification and General Schedule pay rates), an Executive
Director to assist the National Council to carry out its duties.
The Executive Director shall be appointed from among individuals
who are experienced in the planning or operation of programs for
(2) The Executive Director is authorized to hire technical and
professional employees to assist the National Council to carry out
its duties.
(b) Temporary or intermittent services; voluntary and uncompensated
services; gifts, etc.; contracts and agreements; official
representation and reception
(1) The National Council may procure temporary and intermittent
services to the same extent as is authorized by section 3109(b) of
title 5 (but at rates for individuals not to exceed the daily
Service Schedule under section 5382 of title 5).
(2) The National Council may -
(A) accept voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of title 31;
(B) in the name of the Council, solicit, accept, employ, and
dispose of, in furtherance of this chapter, any money or
property, real or personal, or mixed, tangible or nontangible,
received by gift, devise, bequest, or otherwise; and
(C) enter into contracts and cooperative agreements with
Federal and State agencies, private firms, institutions, and
individuals for the conduct of research and surveys, preparation
of reports and other activities necessary to the discharge of the
Council's duties and responsibilities.
(3) Not more than 10 per centum of the total amounts available to
the National Council in each fiscal year may be used for official
representation and reception.
(c) Administrative support services
The Administrator of General Services shall provide to the
National Council on a reimbursable basis such administrative
support services as the Council may request.
(d) Investment of amounts not required for current withdrawals
(1) It shall be the duty of the Secretary of the Treasury to
invest such portion of the amounts made available under subsection
(a)(2)(B) (!1) of this section as is not, in the Secretary's
judgment, required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
(2) The amounts described in paragraph (1), and the interest on,
and the proceeds from the sale or redemption of, the obligations
described in paragraph (1) shall be available to the National
Council to carry out this subchapter.
The provisions of title 5 governing appointments, referred to in
subsec. (a)(1), are classified generally to section 3301 et seq. of
Title 5, Government Organization and Employees.
28; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title V, Sec. 503,
Sec. 205(e), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102-569, title
I, Sec. 102(p)(28), title IV, Sec. 404, Oct. 29, 1992, 106 Stat.
4360, 4423; Pub. L. 103-73, title I, Sec. 111, Aug. 11, 1993, 107
Stat. 727, related to National Council staff, prior to the general
Sept. 26, 1973, 87 Stat. 387; Pub. L. 93-516, title I, Sec. 108,
Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651, title I, Sec. 108,
Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230, Secs. 8, 11(b)(11),
Mar. 15, 1976, 90 Stat. 212, 213, authorized appropriations to
conduct program and project evaluations, prior to repeal by Pub. L.
-FOOTNOTE-
(!1) So in original. Probably should be subsection "(b)(2)(B)".
Sec. 784. Administrative powers of National Council
(a) Bylaws and rules
The National Council may prescribe such bylaws and rules as may
be necessary to carry out its duties under this subchapter.
(b) Hearings
The National Council may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence as
it deems advisable.
(c) Advisory committees
The National Council may appoint advisory committees to assist
the National Council in carrying out its duties. The members
thereof shall serve without compensation.
(d) Use of mails
The National Council may use the United States mails in the same
manner and upon the same conditions as other departments and
agencies of the United States.
(e) Use of services, personnel, information, and facilities
The National Council may use, with the consent of the agencies
represented on the Interagency Disability Coordinating Council, and
as authorized in subchapter V of this chapter, such services,
personnel, information, and facilities as may be needed to carry
out its duties under this subchapter, with or without reimbursement
to such agencies.
amended Pub. L. 102-569, title IV, Sec. 405, Oct. 29, 1992, 106
Stat. 4423, related to administrative powers of National Council,
Sept. 26, 1973, 87 Stat. 387, directed Secretary to submit annual
reports to the President and to Congress on activities carried out
under this chapter, prior to repeal by Pub. L. 95-602, Sec. 117.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a committee
established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
committee established by the Congress, its duration is otherwise
provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
Sec. 785. Authorization of appropriations
subchapter such sums as may be necessary for each of the fiscal
years 1999 through 2003.
amended Pub. L. 99-506, title V, Sec. 504, Oct. 21, 1986, 100 Stat.
1829; Pub. L. 102-52, Sec. 5, June 6, 1991, 105 Stat. 262; Pub. L.
102-569, title IV, Sec. 406, Oct. 29, 1992, 106 Stat. 4423,
authorized appropriations, prior to the general amendment of this
111(m), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93-651, title I,
Secs. 109, 111(m), Nov. 21, 1974, 89 Stat. 2-4, 2-6; Pub. L.
94-230, Secs. 9, 11(b)(12), Mar. 15, 1976, 90 Stat. 212, 213,
specified certain responsibilities of the Secretary, prior to
repeal by Pub. L. 95-602, Sec. 117.
Prior sections 786 and 787 were repealed by Pub. L. 95-602, title
I, Sec. 117, Nov. 6, 1978, 92 Stat. 2977.
Section 786, Pub. L. 93-112, title IV, Sec. 406, Sept. 26, 1973,
87 Stat. 389; S. Res. 4, Feb. 4, 1977, provided that the Secretary
conduct a study on the role of sheltered workshops in the
rehabilitation and employment of handicapped individuals and report
the results of this study to Congress within twenty-four months
after Sept. 26, 1973.
87 Stat. 389, provided that the Secretary conduct a study on
allotment of funds among the States for grants for basic vocational
rehabilitation and report the results of this study to Congress not
later than June 30, 1974.
29 USC SUBCHAPTER V - RIGHTS AND ADVOCACY 01/06/03
SUBCHAPTER V - RIGHTS AND ADVOCACY
This subchapter is referred to in sections 702, 705, 718, 720,
764, 784 of this title; title 20 sections 1221, 1415; title 38
section 3116; title 42 sections 12201, 15007.
Sec. 790. Repealed. Pub. L. 102-569, title V, Sec. 502(a), Oct. 29,
1992, 106 Stat. 4424
Section, Pub. L. 93-112, title V, Sec. 500, Sept. 26, 1973, 87
Stat. 390, related to effects on existing law, references in other
provisions, availability of unexpended appropriations, savings
provision, and extension of appropriations.
Sec. 791. Employment of individuals with disabilities
(a) Interagency Committee on Employees who are Individuals with
Disabilities; establishment; membership; co-chairmen;
availability of other Committee resources; purpose and functions
There is established within the Federal Government an Interagency
Committee on Employees who are Individuals with Disabilities
(hereinafter in this section referred to as the "Committee"),
comprised of such members as the President may select, including
the following (or their designees whose positions are Executive
Level IV or higher): the Chairman of the Equal Employment
Opportunity Commission (hereafter in this section referred to as
the "Commission"), the Director of the Office of Personnel
Management, the Secretary of Veterans Affairs, the Secretary of
Labor, the Secretary of Education, and the Secretary of Health and
Human Services. Either the Director of the Office of Personnel
Management and the Chairman of the Commission shall serve as
co-chairpersons of the Committee or the Director or Chairman shall
serve as the sole chairperson of the Committee, as the Director and
Chairman jointly determine, from time to time, to be appropriate.
The resources of the President's Committees on Employment of People
With Disabilities and on Mental Retardation shall be made fully
available to the Committee. It shall be the purpose and function of
the Committee (1) to provide a focus for Federal and other
employment of individuals with disabilities, and to review, on a
periodic basis, in cooperation with the Commission, the adequacy of
hiring, placement, and advancement practices with respect to
individuals with disabilities, by each department, agency, and
instrumentality in the executive branch of Government and the
Smithsonian Institution, and to insure that the special needs of
such individuals are being met; and (2) to consult with the
Commission to assist the Commission to carry out its
responsibilities under subsections (b), (c), and (d) of this
section. On the basis of such review and consultation, the
Committee shall periodically make to the Commission such
recommendations for legislative and administrative changes as it
deems necessary or desirable. The Commission shall timely transmit
to the appropriate committees of Congress any such recommendations.
(b) Federal agencies; affirmative action program plans
Each department, agency, and instrumentality (including the
United States Postal Service and the Postal Rate Commission) in the
executive branch and the Smithsonian Institution shall, within one
hundred and eighty days after September 26, 1973, submit to the
Commission and to the Committee an affirmative action program plan
for the hiring, placement, and advancement of individuals with
disabilities in such department, agency, instrumentality, or
Institution. Such plan shall include a description of the extent to
which and methods whereby the special needs of employees who are
individuals with disabilities are being met. Such plan shall be
updated annually, and shall be reviewed annually and approved by
the Commission, if the Commission determines, after consultation
with the Committee, that such plan provides sufficient assurances,
procedures and commitments to provide adequate hiring, placement,
and advancement opportunities for individuals with disabilities.
(c) State agencies; rehabilitated individuals, employment
The Commission, after consultation with the Committee, shall
develop and recommend to the Secretary for referral to the
appropriate State agencies, policies and procedures which will
facilitate the hiring, placement, and advancement in employment of
individuals who have received rehabilitation services under State
vocational rehabilitation programs, veterans' programs, or any
other program for individuals with disabilities, including the
promotion of job opportunities for such individuals. The Secretary
shall encourage such State agencies to adopt and implement such
policies and procedures.
(d) Report to Congressional committees
The Commission, after consultation with the Committee, shall, on
June 30, 1974, and at the end of each subsequent fiscal year, make
a complete report to the appropriate committees of the Congress
with respect to the practices of and achievements in hiring,
placement, and advancement of individuals with disabilities by each
department, agency, and instrumentality and the Smithsonian
Institution and the effectiveness of the affirmative action
programs required by subsection (b) of this section, together with
recommendations as to legislation which have been submitted to the
Commission under subsection (a) of this section, or other
appropriate action to insure the adequacy of such practices. Such
report shall also include an evaluation by the Committee of the
effectiveness of the activities of the Commission under subsections
(b) and (c) of this section.
(e) Federal work experience without pay; non-Federal status
An individual who, as a part of an individualized plan for
employment under a State plan approved under this chapter,
participates in a program of unpaid work experience in a Federal
agency, shall not, by reason thereof, be considered to be a Federal
employee or to be subject to the provisions of law relating to
Federal employment, including those relating to hours of work,
rates of compensation, leave, unemployment compensation, and
Federal employee benefits.
(f) Federal agency cooperation; special consideration for positions
on President's Committee on Employment of People With
(1) The Secretary of Labor and the Secretary of Education are
authorized and directed to cooperate with the President's Committee
on Employment of People With Disabilities in carrying out its
(2) In selecting personnel to fill all positions on the
President's Committee on Employment of People With Disabilities,
special consideration shall be given to qualified individuals with
(g) Standards used in determining violation of section
The standards used to determine whether this section has been
violated in a complaint alleging nonaffirmative action employment
discrimination under this section shall be the standards applied
under title I of the Americans with Disabilities Act of 1990 (42
U.S.C. 12111 et seq.) and the provisions of sections 501 through
504, and 510, of the Americans with Disabilities Act of 1990 (42
U.S.C. 12201-12204 and 12210), as such sections relate to
(Pub. L. 93-112, title V, Sec. 501, Sept. 26, 1973, 87 Stat. 390;
Pub. L. 98-221, title I, Sec. 104(b)(3), Feb. 22, 1984, 98 Stat.
18; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title X, Secs.
1001(f)(1), 1002(e)(1), (2)(A), Oct. 21, 1986, 100 Stat. 1810,
1843, 1844; Pub. L. 100-630, title II, Sec. 206(a), Nov. 7, 1988,
102 Stat. 3310; Pub. L. 102-54, Sec. 13(k)(1)(B), June 13, 1991,
105 Stat. 276; Pub. L. 102-569, title I, Sec. 102(p)(29), title V,
title I, Sec. 112(a), Aug. 11, 1993, 107 Stat. 727; Pub. L.
105-220, title III, Sec. 341(c), title IV, Sec. 408(a)(1), Aug. 7,
1998, 112 Stat. 1092, 1202.)
Level IV of the Executive Schedule, referred to in subsec. (a),
is set out in section 5315 of Title 5, Government Organization and
subsec. (g), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as
(Sec. 12111 et seq.) of chapter 126 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
Prior similar provisions were set out in section 38 of this
1998 - Subsec. (a). Pub. L. 105-220, Sec. 408(a)(1)(A),
substituted "President's Committees on Employment of People With
Disabilities" for "President's Committees on Employment of the
Handicapped" in third sentence.
Pub. L. 105-220, Sec. 341(c)(1), inserted "and the Smithsonian
Institution" after "Government" in fourth sentence.
Subsec. (b). Pub. L. 105-220, Sec. 341(c)(2), in first sentence,
inserted "and the Smithsonian Institution" after "in the executive
branch" and substituted "such department, agency, instrumentality,
or Institution" for "such department, agency, or instrumentality".
Subsec. (d). Pub. L. 105-220, Sec. 341(c)(3), inserted "and the
Smithsonian Institution" after "instrumentality".
Subsec. (e). Pub. L. 105-220, Sec. 408(a)(1)(B), substituted
"individualized plan for employment" for "individualized written
rehabilitation program".
1993 - Subsec. (a). Pub. L. 103-73 in first sentence inserted
comma after "Veterans Affairs".
1992 - Pub. L. 102-569, Sec. 102(p)(29)(A), substituted
"disabilities" for "handicaps" in section catchline.
Subsec. (a). Pub. L. 102-569, Sec. 503(a), substituted "the
Director of the Office of Personnel Management, the Secretary of
Veterans Affairs" for "the Secretary of Veterans Affairs, and", and
amended second sentence generally. Prior to amendment, second
sentence read as follows: "The Secretary of Education and the
Chairman of the Commission shall serve as co-chairpersons of the
Committee."
Pub. L. 102-569, Sec. 102(p)(29)(B), (C), substituted
"Interagency Committee on Employees who are Individuals with
Disabilities" for "Interagency Committee on Handicapped Employees"
and "individuals with disabilities" for "individuals with
handicaps" in two places.
Subsec. (b). Pub. L. 102-569, Sec. 102(p)(29)(C), (D),
substituted "individuals with disabilities" for "individuals with
handicaps" after "advancement of" and after "opportunities for" and
"employees who are individuals with disabilities" for "employees
with handicaps".
Subsecs. (c), (d), (f)(2). Pub. L. 102-569, Sec. 102(p)(29)(C),
handicaps".
Subsec. (g). Pub. L. 102-569, Sec. 503(b), added subsec. (g).
1991 - Subsec. (a). Pub. L. 102-54 substituted "Secretary of
Veterans Affairs" for "Administrator of Veterans' Affairs".
1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(a)(3)(C), which
directed substitution of "Employment of People With Disabilities"
for "Employment of the Handicapped" in second sentence, could not
be executed because the words did not appear in second sentence.
Pub. L. 100-630, Sec. 206(a)(1)-(3)(B), (4), inserted "(hereafter
in this section referred to as the 'Commission')" after first
reference to "Equal Employment Opportunity Commission" and
substituted "Commission" for "Equal Opportunity Employment
Commission" wherever appearing, "Secretary of Labor, the Secretary
of Education, and the Secretary of Health and Human Services" for
"Secretaries of Labor and Education and Health and Human Services"
in first sentence, "co-chairpersons" for "co-chairmen" in second
sentence, and "Commission" for "Office" in cl. (2).
Subsec. (b). Pub. L. 100-630, Sec. 206(a)(2), (5), substituted
"submit to the Commission" for "submit to the Equal Employment
Opportunity Commission", "employees with handicaps" for
"handicapped employees", and "Commission, if the Commission
determines" for "Office, if the Office determines".
Subsecs. (c), (d). Pub. L. 100-630, Sec. 206(a)(2), substituted
"Commission" for "Equal Opportunity Employment Commission" wherever
appearing.
Subsec. (e). Pub. L. 100-630, Sec. 206(a)(6), substituted "an
individualized" for "a individualized".
Subsec. (f)(1), (2). Pub. L. 100-630, Sec. 206(a)(7), substituted
"Employment of People With Disabilities" for "Employment of the
Handicapped".
1986 - Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
"individuals with handicaps" for "handicapped individuals" in
section catchline.
Subsecs. (a) to (c). Pub. L. 99-506, Secs. 103(d)(2)(C),
1002(e)(1), substituted "Equal Employment Opportunity Commission"
for "Office of Personnel Management" and "individuals with
handicaps" for "handicapped individuals" wherever appearing.
Subsec. (d). Pub. L. 99-506, Secs. 103(d)(2)(C), 1002(e)(1),
(2)(A), substituted "Equal Employment Opportunity Commission" for
"Office of Personnel Management" wherever appearing, "individuals
with handicaps" for "handicapped individuals", and "of the
activities" for "of the the activities".
Subsec. (e). Pub. L. 99-506, Sec. 1001(f)(1), substituted "a
individualized" for "his individualized".
Subsec. (f)(2). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
"individuals with handicaps" for "handicapped individuals".
1984 - Subsec. (a). Pub. L. 98-221, Sec. 104(b)(3)(A)-(D),
substituted "the Chairman of the Office of Personnel Management"
and "Education and Health and Human Services" for "the Chairman of
the Civil Service Commission" and "Health, Education, and Welfare",
respectively, in first sentence, "Secretary of Education and the
Chairman of the Office of Personnel Management" for "Secretary of
Health, Education, and Welfare and the Chairman of the Civil
Service Commission" in second sentence, "Office of Personnel
Management" for "Civil Service Commission" in four places, and
"Office" for "Commission".
Subsec. (b). Pub. L. 98-221, Sec. 104(b)(3)(C), (D), substituted
"Office of Personnel Management" for "Civil Service Commission" and
substituted "Office" for "Commission" in two places.
Subsec. (c). Pub. L. 98-221, Sec. 104(b)(3)(C), substituted
"Office of Personnel Management" for "Civil Service Commission".
Subsec. (d). Pub. L. 98-221, Sec. 104(b)(3)(C), (E), substituted
"Office of Personnel Management" for "Civil Service Commission" in
two places and "the activities of the Office of Personnel
Management" for "Civil Service Commission's activities".
Subsec. (f)(1). Pub. L. 98-221, Sec. 104(b)(3)(F), substituted
"Secretary of Education" for "Secretary of Health, Education, and
Welfare".
Amendment by section 341(c) of Pub. L. 105-220 effective Aug. 7,
1998, and applicable to and may be raised in any administrative or
judicial claim or action brought before Aug. 7, 1998, but pending
on such date, and any administrative or judicial claim or action
brought after such date regardless of whether the claim or action
arose prior to such date, if the claim or action was brought within
the applicable statute of limitations, see section 341(d) of Pub.
L. 105-220, set out as a note under section 633a of this title.
Pub. L. 102-569, title I, Sec. 138, Oct. 29, 1992, 106 Stat.
4397, as amended by Pub. L. 103-73, title I, Sec. 102(3), Aug. 11,
1993, 107 Stat. 718, provided that:
"(a) Effective Date. - Except as provided in subsection (b), this
title [enacting sections 718 to 718b, 725 to 728a, and 740 to 744
of this title, amending this section and sections 701, 705 to 707,
709, 711 to 715, 717, 720 to 724, 730 to 732, 740, 741, 750, 761a
to 762, 770, 772 to 776, 777a, 777b, 777d to 777f, 780, 781, 783,
792 to 794, 795, 795d, 795e, and 795h of this title, repealing
section 752 of this title, enacting provisions set out as notes
under section 712 of this title, and amending provisions set out as
a note under section 701 of this title] and the amendments made by
this title shall take effect on the date of enactment of this Act
[Oct. 29, 1992].
"(b) Compliance. - Each State agency subject to the provisions of
title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.]
shall comply with the amendments made by this subtitle [subtitle B
(Secs. 121-138) of title I of Pub. L. 102-569, enacting sections
725 to 728a and 740 to 744 of this title, amending sections 705,
720 to 724, and 730 to 732 of this title, and repealing section 752
of this title], as soon as is practicable after the date of
enactment of this Act [Oct. 29, 1992], consistent with the
effective and efficient administration of the Rehabilitation Act of
1973 [29 U.S.C. 701 et seq.], but not later than October 1, 1993."
Pub. L. 99-506, title X, Sec. 1006, Oct. 21, 1986, 100 Stat.
1846, provided that: "Except as otherwise provided in this Act [see
Short Title of 1986 Amendment note set out under section 701 of
this title], this Act shall take effect on the date of its
enactment [Oct. 21, 1986]."
which reports required under subsecs. (a) and (d) of this section
are listed on page 188), see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money
-EXEC-
EXECUTIVE ORDER NO. 10640
Ex. Ord. No. 10640, Oct. 10, 1955, 20 F.R. 7717, formerly set out
as a note under section 39 of this title, which related to
President's Committee on Employment of the Physically Handicapped,
was superseded by section 6(a) of Ex. Ord. No. 10994, Feb. 14,
1962, 27 F.R. 1447, which established President's Committee on
Employment of the Handicapped.
Ex. Ord. No. 10994, Feb. 14, 1962, 27 F.R. 1447, as amended by
Ex. Ord. No. 11018, Apr. 27, 1962, 27 F.R. 4143, which established
the President's Committee on Employment of the Handicapped, was
superseded by Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273,
formerly set out below.
Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, as amended by
Ex. Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No.
12608, Sept. 9, 1987, 52 F.R. 34617, which established and provided
for the functions of the President's Committee on Employment of the
Handicapped, was superseded by Ex. Ord. No. 12640, May 10, 1988, 53
F.R. 16996, formerly set out below.
EX. ORD. NO. 11830. ENLARGING MEMBERSHIP OF INTERAGENCY COMMITTEE
ON HANDICAPPED EMPLOYEES
Ex. Ord. No. 11830, Jan. 9, 1975, 40 F.R. 2411, as amended by Ex.
Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No. 12450,
Dec. 9, 1983, 48 F.R. 55409; Ex. Ord. No. 12672, Mar. 21, 1989, 54
F.R. 12167; Ex. Ord. No. 12704, Sec. 1, Feb. 26, 1990, 55 F.R.
6969, provided:
By virtue of the authority vested in me by section 501(a) of the
Rehabilitation Act of 1973 (Public Law 93-112; 87 Stat. 390)
[subsec. (a) of this section], it is hereby ordered as follows:
Section 1. In accord with Section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791) and Section 4 of Reorganization Plan No. 1
of 1978 (43 FR 19808) [set out in the Appendix to Title 5,
Government Organization and Employees], the Interagency Committee
on Handicapped Employees is enlarged and composed of the following,
or their designees whose positions are Executive level IV or
higher:
(1) Secretary of Defense.
(2) Secretary of Labor.
(3) Secretary of Education, Co-Chairman.
(4) Director of the Office of Personnel Management.
(5) Administrator of Veterans Affairs.
(6) Administrator of General Services.
(7) Chairman of the Federal Communications Commission.
(8) Chairman of the Equal Employment Opportunity Commission,
Co-Chairman.
(9) Secretary of Health and Human Services.
(10) Postmaster General of the United States Postal Service.
(11) Chairman of the President's Committee on Employment of
People with Disabilities (Ex Officio).
(12) Such other members as the President may designate.
Sec. 2. The Interagency Committee on Handicapped Employees shall
also be referred to as the Interagency Committee on Employment of
People with Disabilities.
Ex. Ord. No. 12640, May 10, 1988, 53 F.R. 16996, as amended by
Ex. Ord. No. 12945, Jan. 20, 1995, 60 F.R. 4527, which established
the President's Committee on Employment of People with
Disabilities, the Executive Committee of the President's Committee
on Employment of People with Disabilities, and the Advisory Council
on Employment of People with Disabilities, and provided for the
membership, functions, and administration of those bodies, and
superseded Ex. Ord. No. 11480, was revoked by Ex. Ord. No. 13187,
Sec. 4(a), Jan. 10, 2001, 66 F.R. 3858, set out as a note under
EX. ORD. NO. 13163. INCREASING THE OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES TO BE EMPLOYED IN THE FEDERAL GOVERNMENT
Ex. Ord. No. 13163, July 26, 2000, 65 F.R. 46563, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
promote an increase in the opportunities for individuals with
disabilities to be employed at all levels and occupations of the
Federal Government, and to support the goals articulated in section
501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), it is hereby
ordered as follows:
Section 1. Increasing the Federal Employment Opportunities for
Individuals with Disabilities. (a) Recent evidence demonstrates
that, throughout the United States, qualified persons with
disabilities have been refused employment despite their
availability and qualifications, and many qualified persons with
disabilities are never made aware of available employment
opportunities. Evidence also suggests that increased efforts at
outreach, and increased understanding of the reasonable
accommodations available for persons with disabilities, will permit
persons with disabilities to compete for employment on a more level
(b) Based on current hiring patterns and anticipated increases
from expanded outreach efforts and appropriate accommodations, the
Federal Government, over the next 5 years, will be able to hire
100,000 qualified individuals with disabilities. In furtherance of
such efforts, Federal agencies shall:
(1) Use available hiring authorities, consistent with statutes,
regulations, and prior Executive orders and Presidential
Memoranda;
(2) Expand their outreach efforts, using both traditional and
nontraditional methods; and
(3) Increase their efforts to accommodate individuals with
(c) As a model employer, the Federal Government will take the
lead in educating the public about employment opportunities
available for individuals with disabilities.
(d) This order does not require agencies to create new positions
or to change existing qualification standards for any position.
Sec. 2. Implementation. Each Federal agency shall prepare a plan
to increase the opportunities for individuals with disabilities to
be employed in the agency. Each agency shall submit that plan to
the Office of Personnel Management within 60 days from the date of
this order.
Sec. 3. Authority to Develop Guidance. The Office of Personnel
Management shall develop guidance on the provisions of this order
to increase the opportunities for individuals with disabilities
employed in the Federal Government.
Sec. 4. Judicial Review. This order is intended only to improve
the internal management of the executive branch and does not create
any right or benefit, substantive or procedural, enforceable at law
or equity by a party against the United States, its agencies, its
officers, its employees, or any person.
William J. Clinton.
EX. ORD. NO. 13164. REQUIRING FEDERAL AGENCIES TO ESTABLISH
PROCEDURES TO FACILITATE THE PROVISION OF REASONABLE ACCOMMODATION
and the laws of the United States of America, including the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended, and
in order to promote a model Federal workplace that provides
reasonable accommodation for (1) individuals with disabilities in
the application process for Federal employment; (2) Federal
employees with disabilities to perform the essential functions of a
position; and (3) Federal employees with disabilities to enjoy
benefits and privileges of employment equal to those enjoyed by
employees without disabilities, it is hereby ordered as follows:
Section 1. Establishment of Effective Written Procedures to
Facilitate the Provision of Reasonable Accommodation. (a) Each
Federal agency shall establish effective written procedures for
processing requests for reasonable accommodation by employees and
applicants with disabilities. The written procedures may allow
different components of an agency to tailor their procedures as
necessary to ensure the expeditious processing of requests.
(b) As set forth in Re-charting the Course: The First Report of
the Presidential Task Force on Employment of Adults with
Disabilities (1998), effective written procedures for processing
requests for reasonable accommodation should include the following:
(1) Explain that an employee or job applicant may initiate a
request for reasonable accommodation orally or in writing. If the
agency requires an applicant or employee to complete a reasonable
accommodation request form for recordkeeping purposes, the form
must be provided as an attachment to the agency's written
procedures;
(2) Explain how the agency will process a request for
reasonable accommodation, and from whom the individual will
receive a final decision;
(3) Designate a time period during which reasonable
accommodation requests will be granted or denied, absent
extenuating circumstances. Time limits for decision making should
be as short as reasonably possible;
(4) Explain the responsibility of the employee or applicant to
provide appropriate medical information related to the functional
impairment at issue and the requested accommodation where the
disability and/or need for accommodation is not obvious;
(5) Explain the agency's right to request relevant supplemental
medical information if the information submitted does not clearly
explain the nature of the disability, or the need for the
reasonable accommodation, or does not otherwise clarify how the
requested accommodation will assist the employee to perform the
essential functions of the job or to enjoy the benefits and
privileges of the workplace;
(6) Explain the agency's right to have medical information
reviewed by a medical expert of the agency's choosing at the
agency's expense;
(7) Provide that reassignment will be considered as a
reasonable accommodation if the agency determines that no other
reasonable accommodation will permit the employee with a
disability to perform the essential functions of his or her
current position;
(8) Provide that reasonable accommodation denials be in writing
and specify the reasons for denial;
(9) Ensure that agencies' systems of recordkeeping track the
processing of requests for reasonable accommodation and maintain
the confidentiality of medical information received in accordance
with applicable law and regulations; and
(10) Encourage the use of informal dispute resolution processes
to allow individuals with disabilities to obtain prompt
reconsideration of denials of reasonable accommodation. Agencies
must also inform individuals with disabilities that they have the
right to file complaints in the Equal Employment Opportunity
process and other statutory processes, as appropriate, if their
requests for reasonable accommodation are denied.
Sec. 2. Submission of Agency Reasonable Accommodation Procedures
to the Equal Employment Opportunity Commission (EEOC). Within 1
year from the date of this order, each agency shall submit its
procedures to the EEOC. Each agency shall also submit to the EEOC
any modifications to its reasonable accommodation procedures at the
time that those modifications are adopted.
Sec. 3. Collective Bargaining Obligations. In adopting their
reasonable accommodation procedures, agencies must honor their
obligations to notify their collective bargaining representatives
and bargain over such procedures to the extent required by law.
Sec. 4. Implementation. The EEOC shall issue guidance for the
implementation of this order within 90 days from the date of this
Sec. 5. Construction and Judicial Review. (a) Nothing in this
order limits the rights that individuals with disabilities may have
under the Rehabilitation Act of 1973, as amended.
(b) This order is intended only to improve the internal
management of the executive branch and does not create any right or
benefit, substantive or procedural, enforceable at law or equity by
a party against the United States, its agencies, its officers, its
employees, or any person.
This section is referred to in sections 705, 794a, 794d of this
title; title 2 section 1311; title 3 sections 411, 421; title 5
sections 2302, 3102, 7702; title 22 sections 3905, 4131; title 38
section 4214; title 42 sections 1981a, 2000e-16b.
Sec. 792. Architectural and Transportation Barriers Compliance
(a) Establishment; membership; chairperson; vice-chairperson; term
of office; termination of membership; reappointment; compensation
and travel expenses; bylaws; quorum requirements
(1) There is established within the Federal Government the
Architectural and Transportation Barriers Compliance Board
(hereinafter referred to as the "Access Board") which shall be
composed as follows:
(A) Thirteen members shall be appointed by the President from
among members of the general public of whom at least a majority
shall be individuals with disabilities.
(B) The remaining members shall be the heads of each of the
following departments or agencies (or their designees whose
positions are executive level IV or higher):
(i) Department of Health and Human Services.
(ii) Department of Transportation.
(iii) Department of Housing and Urban Development.
(iv) Department of Labor.
(v) Department of the Interior.
(vi) Department of Defense.
(vii) Department of Justice.
(viii) General Services Administration.
(ix) Department of Veterans Affairs.
(x) United States Postal Service.
(xi) Department of Education.
(xii) Department of Commerce.
The chairperson and vice-chairperson of the Access Board shall be
elected by majority vote of the members of the Access Board to
serve for terms of one year. When the chairperson is a member of
the general public, the vice-chairperson shall be a Federal
official; and when the chairperson is a Federal official, the
vice-chairperson shall be a member of the general public. Upon the
expiration of the term as chairperson of a member who is a Federal
official, the subsequent chairperson shall be a member of the
general public; and vice versa.
(2)(A)(i) The term of office of each appointed member of the
Access Board shall be 4 years, except as provided in clause (ii).
Each year, the terms of office of at least three appointed members
of the board (!1) shall expire.
(ii)(I) One member appointed for a term beginning December 4,
1992 shall serve for a term of 3 years.
(II) One member appointed for a term beginning December 4, 1993
shall serve for a term of 2 years.
(III) One member appointed for a term beginning December 4, 1994
shall serve for a term of 1 year.
(IV) Members appointed for terms beginning before December 4,
1992 shall serve for terms of 3 years.
(B) A member whose term has expired may continue to serve until a
successor has been appointed.
(C) A member appointed to fill a vacancy shall serve for the
remainder of the term to which that member's predecessor was
appointed.
(3) If any appointed member of the Access Board becomes a Federal
employee, such member may continue as a member of the Access Board
for not longer than the sixty-day period beginning on the date the
member becomes a Federal employee.
(4) No individual appointed under paragraph (1)(A) of this
subsection who has served as a member of the Access Board may be
reappointed to the Access Board more than once unless such
individual has not served on the Access Board for a period of two
years prior to the effective date of such individual's appointment.
(5)(A) Members of the Access Board who are not regular full-time
employees of the United States shall, while serving on the business
of the Access Board, be entitled to receive compensation at rates
fixed by the President, but not to exceed the daily equivalent of
the rate of pay for level IV of the Executive Schedule under
section 5315 of title 5, including travel time, for each day they
are engaged in the performance of their duties as members of the
Access Board; and shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred by them in
carrying out their duties under this section.
(B) Members of the Access Board who are employed by the Federal
Government shall serve without compensation, but shall be
reimbursed for travel, subsistence, and other necessary expenses
incurred by them in carrying out their duties under this section.
(6)(A) The Access Board shall establish such bylaws and other
rules as may be appropriate to enable the Access Board to carry out
its functions under this chapter.
(B) The bylaws shall include quorum requirements. The quorum
requirements shall provide that (i) a proxy may not be counted for
purposes of establishing a quorum, and (ii) not less than half the
members required for a quorum shall be members of the general
public appointed under paragraph (1)(A).
(b) Functions
It shall be the function of the Access Board to -
(1) ensure compliance with the standards prescribed pursuant to
the Act entitled "An Act to ensure that certain buildings
financed with Federal funds are so designed and constructed as to
be accessible to the physically handicapped", approved August 12,
1968 (commonly known as the Architectural Barriers Act of 1968;
42 U.S.C. 4151 et seq.) (including the application of such Act to
the United States Postal Service), including enforcing all
standards under such Act, and ensuring that all waivers and
modifications to the standards are based on findings of fact and
are not inconsistent with the provisions of this section;
(2) develop advisory information for, and provide appropriate
technical assistance to, individuals or entities with rights or
duties under regulations prescribed pursuant to this subchapter
or titles II and III of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131 et seq. and 12181 et seq.) with respect to
overcoming architectural, transportation, and communication
barriers;
(3) establish and maintain -
(A) minimum guidelines and requirements for the standards
issued pursuant to the Act commonly known as the Architectural
Barriers Act of 1968;
(B) minimum guidelines and requirements for the standards
issued pursuant to titles II and III of the Americans with
Disabilities Act of 1990;
(C) guidelines for accessibility of telecommunications
equipment and customer premises equipment under section 255 of
title 47; and
(D) standards for accessible electronic and information
technology under section 794d of this title;
(4) promote accessibility throughout all segments of society;
(5) investigate and examine alternative approaches to the
architectural, transportation, communication, and attitudinal
barriers confronting individuals with disabilities, particularly
with respect to telecommunications devices, public buildings and
monuments, parks and parklands, public transportation (including
air, water, and surface transportation, whether interstate,
foreign, intrastate, or local), and residential and institutional
housing;
(6) determine what measures are being taken by Federal, State,
and local governments and by other public or nonprofit agencies
to eliminate the barriers described in paragraph (5);
(7) promote the use of the International Accessibility Symbol
in all public facilities that are in compliance with the
standards prescribed by the Administrator of General Services,
the Secretary of Defense, and the Secretary of Housing and Urban
Development pursuant to the Act commonly known as the
Architectural Barriers Act of 1968;
(8) make to the President and to the Congress reports that
shall describe in detail the results of its investigations under
paragraphs (5) and (6);
(9) make to the President and to the Congress such
recommendations for legislative and administrative changes as the
Access Board determines to be necessary or desirable to eliminate
the barriers described in paragraph (5);
(10) ensure that public conveyances, including rolling stock,
are readily accessible to, and usable by, individuals with
physical disabilities; and
(11) carry out the responsibilities specified for the Access
Board in section 794d of this title.
(c) Additional functions; transportation barriers and housing
needs; transportation and housing plans and proposals
The Access Board shall also (1)(A) determine how and to what
extent transportation barriers impede the mobility of individuals
with disabilities and aged individuals with disabilities and
consider ways in which travel expenses in connection with
transportation to and from work for individuals with disabilities
can be met or subsidized when such individuals are unable to use
mass transit systems or need special equipment in private
transportation, and (B) consider the housing needs of individuals
with disabilities; (2) determine what measures are being taken,
especially by public and other nonprofit agencies and groups having
an interest in and a capacity to deal with such problems, (A) to
eliminate barriers from public transportation systems (including
vehicles used in such systems), and to prevent their incorporation
in new or expanded transportation systems, and (B) to make housing
available and accessible to individuals with disabilities or to
meet sheltered housing needs; and (3) prepare plans and proposals
for such further actions as may be necessary to the goals of
adequate transportation and housing for individuals with
disabilities, including proposals for bringing together in a
cooperative effort, agencies, organizations, and groups already
working toward such goals or whose cooperation is essential to
effective and comprehensive action.
(d) Electronic and information technology accessibility training
Beginning in fiscal year 2000, the Access Board, after
consultation with the Secretary, representatives of such public and
private entities as the Access Board determines to be appropriate
(including the electronic and information technology industry),
targeted individuals (as defined in section 3002 of this title),
and State information technology officers, shall provide training
for Federal and State employees on any obligations related to
section 794d of this title.
(e) Investigations; hearings; orders; administrative procedure
applicable; final orders; judicial review; civil action;
(1) The Access Board shall conduct investigations, hold public
hearings, and issue such orders as it deems necessary to ensure
compliance with the provisions of the Acts cited in subsection (b)
of this section. Except as provided in paragraph (3) of subsection
(f) of this section, the provisions of subchapter II of chapter 5,
and chapter 7 of title 5 shall apply to procedures under this
subsection, and an order of compliance issued by the Access Board
shall be a final order for purposes of judicial review. Any such
order affecting any Federal department, agency, or instrumentality
of the United States shall be final and binding on such department,
agency, or instrumentality. An order of compliance may include the
withholding or suspension of Federal funds with respect to any
building or public conveyance or rolling stock found not to be in
compliance with standards enforced under this section. Pursuant to
chapter 7 of title 5, any complainant or participant in a
proceeding under this subsection may obtain review of a final order
issued in such proceeding.
(2) The executive director is authorized, at the direction of the
Access Board -
(A) to bring a civil action in any appropriate United States
district court to enforce, in whole or in part, any final order
of the Access Board under this subsection; and
(B) to intervene, appear, and participate, or to appear as
amicus curiae, in any court of the United States or in any court
of a State in civil actions that relate to this section or to the
Architectural Barriers Act of 1968 [42 U.S.C. 4151 et seq.].
Except as provided in section 518(a) of title 28, relating to
litigation before the Supreme Court, the executive director may
appear for and represent the Access Board in any civil litigation
brought under this section.
(f) Appointment of executive director, administrative law judges,
and other personnel; provisions applicable to administrative law
judges; authority and duties of executive director; finality of
orders of compliance
(1) There shall be appointed by the Access Board an executive
director and such other professional and clerical personnel as are
necessary to carry out its functions under this chapter. The Access
Board is authorized to appoint as many administrative law judges as
are necessary for proceedings required to be conducted under this
section. The provisions applicable to administrative law judges
appointed under section 3105 of title 5 shall apply to
administrative law judges appointed under this subsection.
(2) The Executive Director shall exercise general supervision
over all personnel employed by the Access Board (other than
administrative law judges and their assistants). The Executive
Director shall have final authority on behalf of the Access Board,
with respect to the investigation of alleged noncompliance and in
the issuance of formal complaints before the Access Board, and
shall have such other duties as the Access Board may prescribe.
(3) For the purpose of this section, an order of compliance
issued by an administrative law judge shall be deemed to be an
order of the Access Board and shall be the final order for the
purpose of judicial review.
(g) Technical, administrative, or other assistance; appointment,
compensation, and travel expenses of advisory and technical
experts and consultants
(1)(A) In carrying out the technical assistance responsibilities
of the Access Board under this section, the Board may enter into an
interagency agreement with another Federal department or agency.
(B) Any funds appropriated to such a department or agency for the
purpose of providing technical assistance may be transferred to the
Access Board. Any funds appropriated to the Access Board for the
purpose of providing such technical assistance may be transferred
to such department or agency.
(C) The Access Board may arrange to carry out the technical
assistance responsibilities of the Board under this section through
such other departments and agencies for such periods as the Board
determines to be appropriate.
(D) The Access Board shall establish a procedure to ensure
separation of its compliance and technical assistance
responsibilities under this section.
(2) The departments or agencies specified in subsection (a) of
this section shall make available to the Access Board such
technical, administrative, or other assistance as it may require to
carry out its functions under this section, and the Access Board
may appoint such other advisers, technical experts, and consultants
as it deems necessary to assist it in carrying out its functions
under this section. Special advisory and technical experts and
consultants appointed pursuant to this paragraph shall, while
performing their functions under this section, be entitled to
receive compensation at rates fixed by the Chairperson,(!2) but not
exceeding the daily equivalent of the rate of pay for level 4 of
the Senior Executive Service Schedule under section 5382 of title
5, including travel time, and while serving away from their homes
or regular places of business they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by section
5703 of such title 5 for persons in the Government service employed
intermittently.
(h) Omitted
(i) Grants and contracts to aid Access Board in carrying out its
functions; acceptance of gifts, devises, and bequests of property
(1) The Access Board may make grants to, or enter into contracts
with, public or private organizations to carry out its duties under
subsections (b) and (c) of this section.
(2)(A) The Access Board may accept, hold, administer, and utilize
gifts, devises, and bequests of property, both real and personal,
for the purpose of aiding and facilitating the functions of the
Access Board under paragraphs (2) and (4) of subsection (b) of this
section. Gifts and bequests of money and proceeds from sales of
other property received as gifts, devises, or bequests shall be
deposited in the Treasury and shall be disbursed upon the order of
the Chairperson.(!2) Property accepted pursuant to this section,
and the proceeds thereof, shall be used as nearly as possible in
accordance with the terms of the gifts, devises, or bequests. For
purposes of Federal income, estate, or gift taxes, property
accepted under this section shall be considered as a gift, devise,
or bequest to the United States.
(B) The Access Board shall publish regulations setting forth the
criteria the Board will use in determining whether the acceptance
of gifts, devises, and bequests of property, both real and
personal, would reflect unfavorably upon the ability of the Board
or any employee to carry out the responsibilities or official
duties of the Board in a fair and objective manner, or would
compromise the integrity of or the appearance of the integrity of a
Government program or any official involved in that program.
(3) Omitted.
(j) Authorization of appropriations
There are authorized to be appropriated for the purpose of
carrying out the duties and functions of the Access Board under
this section such sums as may be necessary for each of the fiscal
Pub. L. 93-516, title I, Secs. 110, 111(n)-(q), Dec. 7, 1974, 88
Stat. 1619, 1621, 1622; Pub. L. 93-651, title I, Secs. 110,
111(n)-(q), Nov. 21, 1974, 89 Stat. 2-4, 2-6, 2-7; Pub. L. 94-230,
Secs. 10, 11(b)(13), Mar. 15, 1976, 90 Stat. 212, 214; Pub. L.
95-251, Sec. 2(a)(8), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-602,
title XIII, Sec. 1321, Oct. 3, 1980, 94 Stat. 1499; Pub. L. 98-221,
title I, Sec. 151, Feb. 22, 1984, 98 Stat. 28; Pub. L. 99-506,
title I, Sec. 103(d)(2)(C), title VI, Sec. 601, title X, Sec.
1002(e)(2)(B)-(D), Oct. 21, 1986, 100 Stat. 1810, 1829, 1844; Pub.
L. 100-630, title II, Sec. 206(b), Nov. 7, 1988, 102 Stat. 3311;
Pub. L. 102-52, Sec. 6, June 6, 1991, 105 Stat. 262; Pub. L.
102-54, Sec. 13(k)(1)(A), June 13, 1991, 105 Stat. 276; Pub. L.
102-569, title I, Sec. 102(p)(30), title V, Sec. 504, Oct. 29,
1992, 106 Stat. 4360, 4424; Pub. L. 103-73, title I, Sec. 112(b),
Aug. 11, 1993, 107 Stat. 727; Pub. L. 105-220, title IV, Sec.
408(a)(2), Aug. 7, 1998, 112 Stat. 1202; Pub. L. 105-394, title II,
Sec. 203(a), Nov. 13, 1998, 112 Stat. 3653.)
Executive level IV, referred to in subsec. (a)(1)(B), is set out
in section 5315 of Title 5, Government Organization and Employees.
The Act commonly known as the Architectural Barriers Act of 1968,
referred to in subsecs. (b)(1), (3)(A), (7) and (e)(2)(B), is Pub.
L. 90-480, Aug. 12, 1968, 82 Stat. 718, as amended, which is
classified generally to chapter 51 (Sec. 4151 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 4151 of
subsec. (b)(2), (3)(B), is Pub. L. 101-336, July 26, 1990, 104
Stat. 327, as amended. Titles II and III of the Act are classified
generally to subchapters II (Sec. 12131 et seq.) and III (Sec.
12181 et seq.), respectively, of chapter 126 of Title 42, The
Subsecs. (h) and (i)(3) of this section, which required the Board
to submit an annual report on its activities to Congress and, at
the same time the Board transmits the report required under section
4157(b) of Title 42, The Public Health and Welfare, to transmit
that report to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance. See,
also, items 4 to 6 on page 155 of House Document No. 103-7.
1998 - Subsec. (a)(1). Pub. L. 105-220, Sec. 408(a)(2)(A),
substituted "chairperson and" for "Chairperson and" in concluding
provisions.
Subsec. (b)(2). Pub. L. 105-220, Sec. 408(a)(2)(B)(i),
substituted "information" for "guidelines".
Subsec. (b)(3). Pub. L. 105-220, Sec. 408(a)(2)(B)(ii), added
par. (3) and struck out former par. (3) which read as follows:
"establish and maintain minimum guidelines and requirements for the
standards issued pursuant to the Act commonly known as the
Architectural Barriers Act of 1968 and titles II and III of the
Americans with Disabilities Act of 1990;".
Subsec. (b)(11). Pub. L. 105-220, Sec. 408(a)(2)(B)(iii)-(v),
added par. (11).
Subsec. (d). Pub. L. 105-394, Sec. 203(a)(2), added subsec. (d).
Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 105-220, Sec. 408(a)(2)(C), substituted
"procedures under this subsection" for "procedures under this
section".
Subsec. (e). Pub. L. 105-394, Sec. 203(a)(1), (3), redesignated
subsec. (d) as (e) and substituted "subsection (f)" for "subsection
(e)" in second sentence of par. (1). Former subsec. (e)
redesignated (f).
Subsec. (f). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(2). Pub. L. 105-220, Sec. 408(a)(2)(D), substituted
"Committee on Education and the Workforce" for "Committee on
Education and Labor".
Subsec. (h). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(2)(A). Pub. L. 105-220, Sec. 408(a)(2)(E),
substituted "paragraphs (2) and (4)" for "paragraphs (5) and (7)".
Subsec. (i). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 105-220, Sec. 408(a)(2)(F), substituted "fiscal years
1999 through 2003" for "fiscal years 1993 through 1997".
Subsec. (j). Pub. L. 105-394, Sec. 203(a)(1), redesignated
subsec. (i) as (j).
1993 - Subsec. (a)(5)(A). Pub. L. 103-73 substituted "level IV of
the Executive Schedule under section 5315" for "level 4 of the
Senior Executive Service Schedule under section 5382".
1992 - Pub. L. 102-569, Sec. 504(a)(2), (3), substituted "the
Access Board" and "The Access Board" for "the Board" and "The
Board", respectively, wherever appearing.
Subsec. (a)(1). Pub. L. 102-569, Sec. 504(a)(1), substituted "the
'Access Board' " for "the 'Board' " in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 102-569, Sec. 504(b)(1)(A),
substituted "Thirteen" for "Twelve" and "at least a majority" for
"six".
Pub. L. 102-569, Sec. 102(p)(30), substituted "individuals with
disabilities" for "individuals with handicaps".
Subsec. (a)(1)(B)(xii). Pub. L. 102-569, Sec. 504(b)(1)(B), added
cl. (xii).
Subsec. (a)(2)(A). Pub. L. 102-569, Sec. 504(b)(2), designated
existing provisions as cl. (i), substituted "4 years, except as
provided in clause (ii)" for "three years" and "at least three" for
"four", and added cl. (ii).
Subsec. (a)(3). Pub. L. 102-569, Sec. 504(b)(3), substituted "a
Federal" for "such an" after "member becomes".
Subsec. (a)(5)(A). Pub. L. 102-569, Sec. 504(b)(4), substituted
"the daily equivalent of the rate of pay for level 4 of the Senior
Executive Service Schedule under section 5382" for "the daily rate
prescribed for GS-18 under section 5332".
Subsec. (b). Pub. L. 102-569, Sec. 504(c), amended subsec. (b)
generally, substituting present provisions for provisions which
outlined eight specific functions of the Access Board.
Subsec. (c). Pub. L. 102-569, Sec. 102(p)(30), substituted
"individuals with disabilities" for "individuals with handicaps"
wherever appearing.
Subsec. (d)(1). Pub. L. 102-569, Sec. 504(d)(1), in first
sentence, substituted "The Access Board shall conduct" for "In
carrying out its functions under this chapter, the Access Board
shall, directly or through grants to public or private nonprofit
organizations or contracts with private nonprofit or forprofit
organizations, carry out its functions under subsections (b) and
(c) of this section, and shall conduct" and "to ensure compliance"
for "to insure compliance".
Subsec. (d)(3). Pub. L. 102-569, Sec. 504(d)(2), struck out par.
(3) which read as follows: "The Access Board, in consultation and
coordination with other concerned Federal departments and agencies
and agencies within the Department of Education, shall develop
standards and provide appropriate technical assistance to any
public or private activity, person, or entity affected by
regulations prescribed pursuant to this subchapter with respect to
barriers. Any funds appropriated to any such department or agency
for the purpose of providing such assistance may be transferred to
the Access Board for the purpose of carrying out this paragraph.
The Access Board may arrange to carry out its responsibilities
under this paragraph through such other departments and agencies
for such periods as the Access Board determines is appropriate. In
carrying out its technical assistance responsibilities under this
paragraph, the Access Board shall establish a procedure to insure
responsibilities under this section."
Subsec. (f). Pub. L. 102-569, Sec. 504(e), added par. (1),
designated existing provisions as par. (2) and substituted
"paragraph" for "subsection", "Chairperson" for "Secretary", and
Executive Service Schedule under section 5382" for "the daily pay
rate for a person employed as a GS-18 under section 5332".
Subsec. (g). Pub. L. 102-569, Sec. 504(f), designated existing
provisions as par. (1), substituted "paragraphs (8) and (9) of such
subsection" for "clauses (5) and (6) of subsection (b) of this
section", struck out at end "The Access Board shall prepare two
final reports of its activities under subsection (c) of this
section. One such report shall be on its activities in the field of
transportation barriers facing individuals with disabilities, and
the other such report shall be on its activities in the field of
the housing needs of individuals with disabilities. The Access
Board shall, not later than September 30, 1975, submit each such
report, together with its recommendations, to the President and the
Congress. The Access Board shall also prepare for such submission
an interim report of its activities in each such field within 18
months after September 26, 1973. The Access Board shall prepare and
submit two additional reports of its activities under subsection
(c) of this section, one report on its activities in the field of
transportation barriers facing individuals with disabilities and
the other report on its activities in the field of the housing
needs of individuals with disabilities. The two additional reports
required by the previous sentence shall be submitted not later than
February 1, 1988.", and added par. (2).
disabilities" for "individuals with handicaps" wherever appearing.
Subsec. (h)(1). Pub. L. 102-569, Sec. 504(g)(1)-(3), redesignated
par. (2) as (1), struck out at end "The Access Board may also make
grants to any designated State unit for the purpose of conducting
studies to provide the cost assessments required by paragraph (1).
Before including in such report the findings of any study conducted
for the Access Board under a grant or contract to provide the
Access Board with such cost assessments, the Access Board shall
take all necessary steps to validate the accuracy of any such
findings.", and struck out former par. (1) which read as follows:
"Within one year following November 6, 1978, the Access Board shall
submit to the President and the Congress a report containing an
assessment of the amounts required to be expended by States and by
political subdivisions thereof to provide individuals with
disabilities with full access to all programs and activities
receiving Federal assistance."
disabilities" for "individuals with handicaps" before "with full
access".
Subsec. (h)(2). Pub. L. 102-569, Sec. 504(g)(4), which directed
the addition of par. (2) "at the end" of subsec. (h), was executed
by adding par. (2) before par. (3) to reflect the probable intent
of Congress. Former par. (2) redesignated (1).
Subsec. (i). Pub. L. 102-569, Sec. 504(h), substituted "fiscal
years 1993 through 1997." for "fiscal years 1987 through 1992, but
in no event shall the amount appropriated for any one fiscal year
exceed $3,000,000."
1991 - Subsec. (a)(1)(B)(ix). Pub. L. 102-54 substituted
"Department of Veterans Affairs" for "Veterans' Administration".
Subsec. (i). Pub. L. 102-52 substituted "1987 through 1992" for
"1987, 1988, 1989, 1990, and 1991".
1988 - Subsec. (a)(2). Pub. L. 100-630, Sec. 206(b)(1), amended
par. (2) generally. Prior to amendment, par. (2) read as follows:
"The term of office of each appointed member of the Board shall be
three years; except that (i) the members first taking office shall
serve, as designated by the President at the time of appointment,
four for a term of one year, four for a term of two years, and
three for a term of three years, (ii) a member whose term has
expired may continue to serve until a successor has been appointed,
and (iii) a member appointed to fill a vacancy shall serve for the
appointed."
Subsec. (a)(3). Pub. L. 100-630, Sec. 206(b)(2), substituted "the
member" for "he".
"travel time" for "traveltime".
Subsec. (b). Pub. L. 100-630, Sec. 206(b)(4)-(7), inserted a
comma after "surface transportation" in cl. (2), and substituted
"Administrator of General Services" for "Administrator of the
General Services Administration" in cl. (4), "results of" for
"results to" in cl. (5), and "individuals with physical handicaps"
for "physically handicapped persons" in cl. (8).
Subsec. (c)(2)(A). Pub. L. 100-630, Sec. 206(b)(8), inserted a
comma after "expanded transportation systems".
Subsec. (d)(2)((B). Pub. L. 100-630, Sec. 206(b)(9), substituted
"that relate to" for "which related to".
Subsec. (f). Pub. L. 100-630, Sec. 206(b)(10), substituted "daily
pay rate for" for "daily pay rate, for", "section 5332 of title 5"
for "section 5332 of title 45", and "travel time" for "traveltime".
Subsec. (g). Pub. L. 100-630, Sec. 206(b)(11), substituted
"transportation barriers facing individuals with handicaps" for
"transportation barriers to individuals with handicaps" and for
"transportation barriers of handicapped individuals" in fourth and
seventh sentences, respectively, and "housing needs of individuals
with handicaps" for "housing needs of handicapped individuals" in
seventh sentence.
1986 - Subsec. (a)(1)(A). Pub. L. 99-506, Secs. 103(d)(2)(C),
601(a)(2), substituted "Twelve" for "Eleven", "six" for "five", and
Subsec. (a)(1)(B). Pub. L. 99-506, Sec. 601(a)(1), substituted
provision that Chairperson and vice-chairperson of Board shall be
elected by majority vote of members of Board to serve for terms of
one year, for provision that President had to appoint first
Chairman of such Board who was to serve for term of not more than
two years, with subsequent Chairmen to be elected by majority vote
of Board for term of one year, and inserted provisions that
positions of Chairperson and vice-chairperson each be held
alternately in succession by Federal official and by member of
general public, and that when either office is held by member of
general public, the other will be held by Federal official.
Subsec. (a)(2)(ii), (iii). Pub. L. 99-506, Sec. 601(a)(3), added
cls. (ii) and (iii), and struck out former cl. (ii) which read as
follows: "any member appointed to fill a vacancy shall serve for
the remainder of the term for which his predecessor was appointed".
Subsec. (a)(6). Pub. L. 99-506, Sec. 601(a)(4), added par. (6).
Subsecs. (b)(2), (c). Pub. L. 99-506, Sec. 103(d)(2)(C),
substituted "individuals with handicaps" for "handicapped
individuals" wherever appearing.
Subsec. (d)(2)(A). Pub. L. 99-506, Sec. 1002(e)(2)(B),
substituted "any final order" for "any, final order".
Subsec. (d)(3). Pub. L. 99-506, Sec. 1002(e)(2)(C), substituted
"Department of Education" for "Department of Health, Education, and
Welfare" and "with respect to overcoming" for "with respect
overcoming to".
Subsec. (e)(2). Pub. L. 99-506, Sec. 1002(e)(2)(D), substituted
"alleged noncompliance and in" for "alleged noncompliance in".
Subsec. (g). Pub. L. 99-506, Sec. 601(b), inserted provisions
requiring the Board to submit, not later than Feb. 1, 1988, two
additional reports on its activities under subsec. (c), one report
to deal with its activities relating to transportation barriers to
handicapped individuals, the other to deal with activities relating
to the housing needs of handicapped individuals.
Pub. L. 99-506, Sec. 103(d)(2)(C), substituted "individuals with
Subsec. (h)(1). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
reference to individuals with handicaps for reference to
handicapped individuals.
Subsec. (i). Pub. L. 99-506, Sec. 601(c), which directed the
substitution of "of the fiscal years 1987, 1988, 1989, 1990, and
1991," for "fiscal year ending before October 1, 1986," was
executed by making the substitution for "fiscal year ending before
October 1, 1986.," as the probable intent of Congress. See 1984
Amendment note below.
1984 - Subsec. (i). Pub. L. 98-221 substituted "October 1, 1986."
for "October 1, 1982".
1980 - Subsec. (a)(1)(B)(i). Pub. L. 96-374, Sec. 1321(a)(1),
substituted "Department of Health and Human Services" for
"Department of Health, Education, and Welfare".
Subsec. (a)(1)(B)(xi). Pub. L. 96-374, Sec. 1321(a)(2), added cl.
(xi).
Subsec. (h)(3). Pub. L. 96-374, Sec. 1321(b), added par. (3).
1978 - Subsec. (a). Pub. L. 95-602, Sec. 118(a), substituted
provision permitting President to appoint eleven members of Board
from general public of whom five are to be handicapped, adding head
of the Department of Justice as a Board member, authorizing
President to appoint the first chairman, and providing for the term
of office, reappointment, and compensation of Board members for
provision restricting Board membership to head of Department of
Health, Education, and Welfare, Department of Transportation,
Department of Housing and Urban Development, Department of Labor,
Department of the Interior, Department of Defense, General Services
Administration, United States Postal Service, and Veterans'
Administration, appointing Secretary of Health, Education, and
Welfare as chairman, and authorizing appointment of a Consumer
Advisory Panel, a majority of members of which were to be
handicapped, to provide guidance, advice, and recommendations to
Board.
Subsec. (b)(1). Pub. L. 95-602, Sec. 118(b)(1), substituted
provision requiring Board to insure compliance with standards of
Architectural Barriers Act of 1968, including application to United
States Postal Service, and to insure all waivers and modifications
of standards are based on findings of fact and are not inconsistent
with that Act or this section for provision requiring Board to
insure compliance with the standards prescribed by General Services
Administration, Department of Defense, and Department of Housing
and Urban Development pursuant to Architectural Barriers Act of
Subsec. (b)(2). Pub. L. 95-602, Sec. 118(b)(2), inserted
"communication," before "and attitudinal" and "telecommunication
devices," before "public buildings".
Subsec. (b)(7), (8). Pub. L. 95-602, Sec. 118(b)(3), added pars.
(7) and (8).
Subsec. (d). Pub. L. 95-602, Sec. 118(c), designated existing
provision as par. (1), substituted "public or private nonprofit
organizations" for "or contracts with public or private nonprofit
organizations", "Except as provided in paragraph (3) of subsection
(e) of this section, provisions" for "The provisions", "building or
public conveyance or rolling stock found" for "building found", and
"enforced under this section" for "prescribed pursuant to the Acts
cited in subsection (b) of this section", inserted provision
permitting a complainant or participant in a proceeding under this
subsection to obtain review of a final order pursuant to chapter 7
of title 5, and added pars. (2) and (3).
Subsec. (e). Pub. L. 95-602, Sec. 118(d), designated existing
provisions as par. (1) and added pars. (2) and (3).
Pub. L. 95-251 substituted "administrative law judges" for
"hearing examiners" wherever appearing. Such substitution was made
in pars. (2) and (3) as the probable intent of Congress in view of
the amendment to subsec. (e) by section 2(a)(8) of Pub. L. 95-251
(although prior in time to the amendment by Pub. L. 95-602)
requiring such substitution wherever appearing in text.
Subsec. (h). Pub. L. 95-602, Sec. 118(e), added subsec. (h).
Former subsec. (h), which authorized appropriations for carrying
out duties and functions of the Board of $1,000,000 for each of
fiscal years ending June 30, 1974, and June 30, 1975, $1,500,000
for fiscal year ending June 30, 1976, and $1,500,000 for each of
fiscal years ending Sept. 30, 1977 and Sept. 30, 1978, was struck
Subsec. (i). Pub. L. 95-602, Sec. 118(e), added subsec. (i).
1976 - Subsec. (h). Pub. L. 94-230, Sec. 10, authorized
appropriation of $1,500,000 for fiscal year ending Sept. 30, 1977.
Pub. L. 94-230, Sec. 11(b)(13), authorized appropriation of
$1,500,000 for fiscal year ending Sept. 30, 1978.
1974 - Subsec. (a). Pub. L. 93-516, Sec. 111(n), redesignated
cls. (6), (7), and (8), as cls. (7), (8), and (9), added cl. (6),
and following designated clauses, inserted provisions that
Secretary of Health, Education, and Welfare shall be Chairman of
Board, and that Board shall appoint, upon recommendation of
Secretary, a Consumer Advisory Panel, a majority of members of
which shall be handicapped individuals, to provide guidance,
advice, and recommendations to Board in carrying out its functions.
Pub. L. 93-651, Sec. 111(n), amended subsec. (a) in exactly the
same manner as it was amended by Pub. L. 93-516.
Subsec. (d). Pub. L. 93-516, Sec. 111(o), substituted "this
chapter, the Board shall, directly or through grants to or
contracts with public or private nonprofit organizations, carrying
out its functions under subsections (b) and (c) of this section,
and shall conduct" for "this section, the Board shall conduct", and
inserted provisions that any such order affecting any Federal
department, agency, or instrumentality of the United States shall
be final and binding on such department, agency, or
instrumentality, and that an order of compliance may include the
building found not to be in compliance with standards prescribed
pursuant to the Acts referred to in subsec. (b) of this section.
Pub. L. 93-651, 111(o), amended subsec. (d) in exactly the same
manner as it was amended by Pub. L. 93-516.
Subsec. (e). Pub. L. 93-516, Sec. 111(p), inserted provisions
relating to appointment of an executive director and other
professional and clerical personnel.
Pub. L. 93-651, Sec. 111(p), amended subsec. (e) in exactly the
Subsec. (g). Pub. L. 93-516, Sec. 111(q), substituted "not later
than September 30, 1975" for "prior to January 1, 1975".
Pub. L. 93-651, Sec. 111(q), amended subsec. (g) in exactly the
Subsec. (h). Pub. L. 93-516, Sec. 110, authorized appropriation
of $1,500,000 for fiscal year ending June 30, 1976.
Pub. L. 93-651, Sec. 110, amended subsec. (h) in exactly the same
Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section
1393(a) of Pub. L. 96-374, set out as a note under section 1001 of
Title 20, Education.
EXTENSION OF VOCATIONAL REHABILITATION PROGRAMS THROUGH FISCAL YEAR
ENDING SEPTEMBER 30, 1978; EFFECTIVE DATE OF 1976 AMENDMENT
For contingency provisions relating to the extensions of program
authorizations and to the effective date of such extensions, see
section 11(a), (b)(1), and (c) of Pub. L. 94-230, set out as a note
under section 720 of this title.
TERMINATION OF ADVISORY PANELS
Advisory panels established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a panel
Government, such panel is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a panel
established by the Congress, its duration is otherwise provided for
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
86 Stat. 770, 776, set out in the Appendix to Title 5, Government
This section is referred to in sections 794b, 794d of this title;
title 42 sections 12185, 15344, 15361; title 49 section 40103.
(!1) So in original. Probably should be "Access Board".
(!2) So in original. Probably should not be capitalized.
Sec. 793. Employment under Federal contracts
(a) Amount of contracts or subcontracts; provision for employment
and advancement of qualified individuals with disabilities;
Any contract in excess of $10,000 entered into by any Federal
department or agency for the procurement of personal property and
nonpersonal services (including construction) for the United States
shall contain a provision requiring that the party contracting with
the United States shall take affirmative action to employ and
advance in employment qualified individuals with disabilities. The
provisions of this section shall apply to any subcontract in excess
of $10,000 entered into by a prime contractor in carrying out any
contract for the procurement of personal property and nonpersonal
services (including construction) for the United States. The
President shall implement the provisions of this section by
promulgating regulations within ninety days after September 26,
(b) Administrative enforcement; complaints; investigations;
departmental action
If any individual with a disability believes any contractor has
failed or refused to comply with the provisions of a contract with
the United States, relating to employment of individuals with
disabilities, such individual may file a complaint with the
Department of Labor. The Department shall promptly investigate such
complaint and shall take such action thereon as the facts and
circumstances warrant, consistent with the terms of such contract
and the laws and regulations applicable thereto.
(c) Waiver by President; national interest special circumstances
for waiver of particular agreements; waiver by Secretary of Labor
of affirmative action requirements
(1) The requirements of this section may be waived, in whole or
in part, by the President with respect to a particular contract or
subcontract, in accordance with guidelines set forth in regulations
which the President shall prescribe, when the President determines
that special circumstances in the national interest so require and
states in writing the reasons for such determination.
(2)(A) The Secretary of Labor may waive the requirements of the
affirmative action clause required by regulations promulgated under
subsection (a) of this section with respect to any of a prime
contractor's or subcontractor's facilities that are found to be in
all respects separate and distinct from activities of the prime
contractor or subcontractor related to the performance of the
contract or subcontract, if the Secretary of Labor also finds that
such a waiver will not interfere with or impede the effectuation of
(B) Such waivers shall be considered only upon the request of the
contractor or subcontractor. The Secretary of Labor shall
promulgate regulations that set forth the standards used for
granting such a waiver.
(d) Standards used in determining violation of section
(e) Avoidance of duplicative efforts and inconsistencies
The Secretary shall develop procedures to ensure that
administrative complaints filed under this section and under the
Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.]
are dealt with in a manner that avoids duplication of effort and
prevents imposition of inconsistent or conflicting standards for
the same requirements under this section and the Americans with
Disabilities Act of 1990.
Pub. L. 95-602, title I, Sec. 122(d)(1), Nov. 6, 1978, 92 Stat.
2987; Pub. L. 99-506, title I, Sec. 103(d)(2)(B), (C), title X,
Secs. 1001(f)(2), (3), 1002(e)(3), Oct. 21, 1986, 100 Stat. 1810,
1843, 1844; Pub. L. 100-630, title II, Sec. 206(c), Nov. 7, 1988,
102 Stat. 3312; Pub. L. 102-569, title I, Sec. 102(p)(31), title V,
Sec. 505, Oct. 29, 1992, 106 Stat. 4360, 4427.)
subsecs. (d) and (e), is Pub. L. 101-336, July 26, 1990, 104 Stat.
327, as amended, which is classified principally to chapter 126
(Sec. 12101 et seq.) of Title 42, The Public Health and Welfare.
Title I of the Act is classified generally to subchapter I (Sec.
12111 et seq.) of chapter 126 of Title 42. For complete
classification of this Act to the Code, see Short Title note set
out under section 12101 of Title 42 and Tables.
1992 - Subsec. (a). Pub. L. 102-569, Secs. 102(p)(31)(A), 505(a),
substituted "$10,000" for "$2,500" in two places, struck out ", in
employing persons to carry out such contract," after "contain a
provision requiring that", and substituted "individuals with
disabilities" for "individuals with handicaps as defined in section
706(8) of this title".
Subsec. (b). Pub. L. 102-569, Sec. 102(p)(31)(B), substituted
"individual with a disability" for "individual with handicaps" and
"individuals with disabilities" for "individuals with handicaps".
Subsec. (c). Pub. L. 102-569, Sec. 505(b), designated existing
provisions as par. (1) and added par. (2).
Subsecs. (d), (e). Pub. L. 102-569, Sec. 505(c), added subsecs.
(d) and (e).
1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(c)(1), inserted a
comma after "to carry out such contract".
Subsec. (b). Pub. L. 100-630, Sec. 206(c)(2), substituted
"refused" for "refuses".
Subsec. (c). Pub. L. 100-630, Sec. 206(c)(3), substituted "which
the President" for "which The President" and "when the President"
for "when The President".
1986 - Subsec. (a). Pub. L. 99-506, Secs. 103(d)(2)(C),
1002(e)(3), substituted "individuals with handicaps" for
"handicapped individuals" and "section 706(8) of this title" for
"section 706(7) of this title".
Subsec. (b). Pub. L. 99-506, Secs. 103(d)(2)(B), (C), 1001(f)(2),
substituted "individual with handicaps" for "handicapped
individual", "individuals with handicaps" for "handicapped
individuals", and "a contract" for "his contract".
Subsec. (c). Pub. L. 99-506, Sec. 1001(f)(3), substituted "The
President" for "he" in two places and substituted "the reasons" for
"his reasons".
1978 - Subsec. (a). Pub. L. 95-602 substituted "section 706(7) of
this title" for "section 706(6) of this title".
This section is referred to in sections 705, 721, 794d, 796c,
796f-4 of this title.
Sec. 794. Nondiscrimination under Federal grants and programs
(a) Promulgation of rules and regulations
No otherwise qualified individual with a disability in the United
States, as defined in section 705(20) of this title, shall, solely
by reason of her or his disability, be excluded from the
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance or under any program or activity conducted by
any Executive agency or by the United States Postal Service. The
head of each such agency shall promulgate such regulations as may
be necessary to carry out the amendments to this section made by
the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Act of 1978. Copies of any proposed regulation shall
be submitted to appropriate authorizing committees of the Congress,
and such regulation may take effect no earlier than the thirtieth
day after the date on which such regulation is so submitted to such
committees.
(b) "Program or activity" defined
For the purposes of this section, the term "program or activity"
means all of the operations of -
(1)(A) a department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(B) the entity of such State or local government that
distributes such assistance and each such department or agency
(and each other State or local government entity) to which the
assistance is extended, in the case of assistance to a State or
local government;
(2)(A) a college, university, or other postsecondary
institution, or a public system of higher education; or
(B) a local educational agency (as defined in section 7801 of
title 20), system of vocational education, or other school
(3)(A) an entire corporation, partnership, or other private
organization, or an entire sole proprietorship -
(i) if assistance is extended to such corporation,
partnership, private organization, or sole proprietorship as a
whole; or
(ii) which is principally engaged in the business of
providing education, health care, housing, social services, or
parks and recreation; or
(B) the entire plant or other comparable, geographically
separate facility to which Federal financial assistance is
extended, in the case of any other corporation, partnership,
private organization, or sole proprietorship; or
(4) any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3);
any part of which is extended Federal financial assistance.
(c) Significant structural alterations by small providers
Small providers are not required by subsection (a) of this
section to make significant structural alterations to their
existing facilities for the purpose of assuring program
accessibility, if alternative means of providing the services are
available. The terms used in this subsection shall be construed
with reference to the regulations existing on March 22, 1988.
violated in a complaint alleging employment discrimination under
this section shall be the standards applied under title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)
and the provisions of sections 501 through 504, and 510, of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and
12210), as such sections relate to employment.
Pub. L. 95-602, title I, Secs. 119, 122(d)(2), Nov. 6, 1978, 92
Stat. 2982, 2987; Pub. L. 99-506, title I, Sec. 103(d)(2)(B), title
X, Sec. 1002(e)(4), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L.
100-259, Sec. 4, Mar. 22, 1988, 102 Stat. 29; Pub. L. 100-630,
title II, Sec. 206(d), Nov. 7, 1988, 102 Stat. 3312; Pub. L.
1992, 106 Stat. 4360, 4428; Pub. L. 103-382, title III, Sec.
394(i)(2), Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105-220, title
IV, Sec. 408(a)(3), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 107-110,
title X, Sec. 1076(u)(2), Jan. 8, 2002, 115 Stat. 2093.)
The amendments to this section made by the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Act of 1978,
referred to in subsec. (a), mean the amendments made by Pub. L.
95-602. See 1978 Amendments note below.
subsec. (d), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as
2002 - Subsec. (b)(2)(B). Pub. L. 107-110 substituted "section
7801 of title 20" for "section 8801 of title 20".
1998 - Subsec. (a). Pub. L. 105-220 substituted "section 705(20)"
for "section 706(8)".
8801 of title 20" for "section 2891(12) of title 20".
1992 - Subsec. (a). Pub. L. 102-569, Sec. 102(p)(32), substituted
"a disability" for "handicaps" and "disability" for "handicap" in
first sentence.
Subsec. (d). Pub. L. 102-569, Sec. 506, added subsec. (d).
1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(d)(1), substituted
"her or his handicap" for "his handicap".
Pub. L. 100-259, Sec. 4(1), designated existing provisions as
subsec. (a).
Subsec. (b). Pub. L. 100-259, Sec. 4(2), added subsec. (b).
Subsec. (b)(2)(B). Pub. L. 100-630, Sec. 206(d)(2), substituted
"section 2891(12) of title 20" for "section 2854(a)(10) of title
20".
Subsec. (c). Pub. L. 100-259, Sec. 4(2), added subsec. (c).
1986 - Pub. L. 99-506 substituted "individual with handicaps" for
"handicapped individual" and "section 706(8) of this title" for
1978 - Pub. L. 95-602 substituted "section 706(7) of this title"
for "section 706(6) of this title" and inserted provision
prohibiting discrimination under any program or activity conducted
by any Executive agency or by the United States Postal Service and
requiring the heads of these agencies to promulgate regulations
prohibiting discrimination.
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive
programs, see section 5 of Pub. L. 107-110, set out as an Effective
Date note under section 6301 of Title 20, Education.
EXCLUSION FROM COVERAGE
Amendment by Pub. L. 100-259 not to be construed to extend
application of this chapter to ultimate beneficiaries of Federal
financial assistance excluded from coverage before Mar. 22, 1988,
see section 7 of Pub. L. 100-259, set out as a Construction note
under section 1687 of Title 20, Education.
ABORTION NEUTRALITY
Amendment by Pub. L. 100-259 not to be construed to force or
require any individual or hospital or any other institution,
program, or activity receiving Federal funds to perform or pay for
an abortion, see section 8 of Pub. L. 100-259, set out as a note
CONSTRUCTION OF PROHIBITION AGAINST DISCRIMINATION UNDER FEDERAL
Rights or protections of this section not affected by any
provision of Pub. L. 98-457, see section 127 of Pub. L. 98-457, set
out as a note under section 5101 of Title 42, The Public Health and
Welfare.
COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS
For provisions relating to the coordination of implementation and
enforcement of the provisions of this section by the Attorney
General, see section 1-201 of Ex. Ord. No. 12250, Nov. 2, 1980, 45
F.R. 72995, set out as a note under section 2000d-1 of Title 42,
The Public Health and Welfare.
Ex. Ord. No. 11914, Apr. 28, 1976, 41 F.R. 17871, which related
to nondiscrimination in federally assisted programs, was revoked by
Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note
under section 2000d-1 of Title 42, The Public Health and Welfare.
This section is referred to in sections 705, 721, 772, 794a,
794d, 2618, 2938, 3011 of this title; title 5 section 3102; title 7
section 2279d; title 12 section 1715z-1a; title 16 sections
410aaa-41, 410aaa-52; title 20 sections 1140c, 1231e, 1232e, 2415,
7221i; title 25 section 2005; title 42 sections 290cc-33, 300w-7,
300x-57, 608, 708, 1437c-1, 1437aaa-1, 1437aaa-2, 1760, 1786,
2000d-7, 3608, 3796gg-7, 5057, 5309, 6727, 8625, 9849, 9918, 10406,
11386, 11394, 12134, 12142, 12143, 12144, 12146, 12147, 12148,
12162, 12635, 12832, 12872, 12873, 12892, 12893, 12899b, 12899c,
13603; title 49 section 5310.
Sec. 794a. Remedies and attorney fees
(a)(1) The remedies, procedures, and rights set forth in section
717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), including
the application of sections 706(f) through 706(k) (42 U.S.C.
2000e-5(f) through (k)), shall be available, with respect to any
complaint under section 791 of this title, to any employee or
applicant for employment aggrieved by the final disposition of such
complaint, or by the failure to take final action on such
complaint. In fashioning an equitable or affirmative action remedy
under such section, a court may take into account the
reasonableness of the cost of any necessary work place
accommodation, and the availability of alternatives therefor or
other appropriate relief in order to achieve an equitable and
appropriate remedy.
(2) The remedies, procedures, and rights set forth in title VI of
the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] shall be
available to any person aggrieved by any act or failure to act by
any recipient of Federal assistance or Federal provider of such
assistance under section 794 of this title.
(b) In any action or proceeding to enforce or charge a violation
of a provision of this subchapter, the court, in its discretion,
may allow the prevailing party, other than the United States, a
reasonable attorney's fee as part of the costs.
(Pub. L. 93-112, title V, Sec. 505, as added Pub. L. 95-602, title
I, Sec. 120(a), Nov. 6, 1978, 92 Stat. 2982.)
The Civil Rights Act of 1964, referred to in subsec. (a)(2), is
Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of
the Civil Rights Act of 1964 is classified generally to subchapter
V (Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health
see Short Title note set out under section 2000a of Title 42 and
This section is referred to in section 794d of this title; title
2 section 1311; title 3 section 411; title 22 section 3905; title
42 sections 1981a, 10406, 12133.
29 USC Sec. 794b 01/06/03
Sec. 794b. Removal of architectural, transportation, or
communication barriers; technical and financial assistance;
compensation of experts or consultants; authorization of
(a) The Secretary may provide directly or by contract with State
vocational rehabilitation agencies or experts or consultants or
groups thereof, technical assistance -
(1) to persons operating community rehabilitation programs; and
(2) with the concurrence of the Access Board established by
section 792 of this title, to any public or nonprofit agency,
institution, or organization;
for the purpose of assisting such persons or entities in removing
architectural, transportation, or communication barriers. Any
concurrence of the Access Board under paragraph (2) shall reflect
its consideration of cost studies carried out by States.
(b) Any such experts or consultants, while serving pursuant to
such contracts, shall be entitled to receive compensation at rates
fixed by the Secretary, but not exceeding the daily equivalent of
the rate of pay for level 4 of the Senior Executive Service
Schedule under section 5382 of title 5, including travel time, and
while so serving away from their homes or regular places of
business, they may be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by section 5703 of title 5
for persons in the Government service employed intermittently.
(c) The Secretary, with the concurrence of the Access Board and
the President, may provide, directly or by contract, financial
assistance to any public or nonprofit agency, institution, or
organization for the purpose of removing architectural,
transportation, and communication barriers. No assistance may be
provided under this subsection until a study demonstrating the need
for such assistance has been conducted and submitted under section
792(i)(1) of this title.
(d) In order to carry out this section, there are authorized to
be appropriated such sums as may be necessary.
I, Sec. 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L.
100-630, title II, Sec. 206(e), Nov. 7, 1988, 102 Stat. 3312; Pub.
L. 102-569, title V, Sec. 507, Oct. 29, 1992, 106 Stat. 4428; Pub.
L. 105-220, title IV, Sec. 408(a)(4), Aug. 7, 1998, 112 Stat. 1203;
Pub. L. 105-394, title II, Sec. 203(b), Nov. 13, 1998, 112 Stat.
1998 - Subsec. (a). Pub. L. 105-220, Sec. 408(a)(4)(A), in
concluding provisions, inserted last sentence and struck out former
last sentence which read as follows: "Any concurrence of the Access
Board under this paragraph shall reflect its consideration of the
cost studies carried out by States under section 792(c)(1) of this
title."
Subsec. (c). Pub. L. 105-394 substituted "792(i)(1)" for
"792(h)(1)".
Pub. L. 105-220, Sec. 408(a)(4)(B), substituted "provided under
this subsection" for "provided under this paragraph".
1992 - Subsec. (a). Pub. L. 102-569, Sec. 507(a), (b),
substituted "community rehabilitation programs" for "rehabilitation
facilities" in par. (1) and inserted "Access" before "Board" in
par. (2) and concluding provisions.
Subsec. (b). Pub. L. 102-569, Sec. 507(c), substituted "the rate
of pay for level 4 of the Senior Executive Service Schedule under
section 5382" for "the rate of basic pay payable for grade GS-18 of
the General Schedule, under section 5332".
Subsec. (c). Pub. L. 102-569, Sec. 507(a), (d), inserted "Access"
before "Board" and substituted "792(h)(1)" for "792(h)(2)".
1988 - Subsec. (a). Pub. L. 100-630, Sec. 206(e)(1), (2),
redesignated former par. (1) as subsec. (a) and former subpars. (A)
and (B) as pars. (1) and (2), respectively.
Subsec. (b). Pub. L. 100-630, Sec. 206(e)(1), (3), redesignated
former par. (2) as subsec. (b) and substituted "travel time" for
"traveltime".
Subsec. (c). Pub. L. 100-630, Sec. 206(e)(1), (4), redesignated
former par. (3) as subsec. (c) and inserted a comma after "the
President".
Subsec. (d). Pub. L. 100-630, Sec. 206(e)(1), redesignated former
par. (4) as subsec. (d).
29 USC Sec. 794c 01/06/03
Sec. 794c. Interagency Disability Coordinating Council
(a) Establishment
There is hereby established an Interagency Disability
Coordinating Council (hereafter in this section referred to as the
"Council") composed of the Secretary of Education, the Secretary of
Health and Human Services, the Secretary of Labor, the Secretary of
Housing and Urban Development, the Secretary of Transportation, the
Assistant Secretary of the Interior for Indian Affairs, the
Attorney General, the Director of the Office of Personnel
Management, the Chairperson of the Equal Employment Opportunity
Commission, the Chairperson of the Architectural and Transportation
Barriers Compliance Board, and such other officials as may be
designated by the President.
(b) Duties
The Council shall -
(1) have the responsibility for developing and implementing
agreements, policies, and practices designed to maximize effort,
promote efficiency, and eliminate conflict, competition,
duplication, and inconsistencies among the operations, functions,
and jurisdictions of the various departments, agencies, and
branches of the Federal Government responsible for the
implementation and enforcement of the provisions of this
subchapter, and the regulations prescribed thereunder;
(2) be responsible for developing and implementing agreements,
policies, and practices designed to coordinate operations,
functions, and jurisdictions of the various departments and
agencies of the Federal Government responsible for promoting the
full integration into society, independence, and productivity of
individuals with disabilities; and
(3) carry out such studies and other activities, subject to the
availability of resources, with advice from the National Council
on Disability, in order to identify methods for overcoming
barriers to integration into society, independence, and
productivity of individuals with disabilities.
(c) Report
On or before July 1 of each year, the Interagency Disability
Coordinating Council shall prepare and submit to the President and
to the Congress a report of the activities of the Council designed
to promote and meet the employment needs of individuals with
disabilities, together with such recommendations for legislative
and administrative changes as the Council concludes are desirable
to further promote this section, along with any comments submitted
by the National Council on Disability as to the effectiveness of
such activities and recommendations in meeting the needs of
individuals with disabilities. Nothing in this section shall impair
any responsibilities assigned by any Executive order to any Federal
department, agency, or instrumentality to act as a lead Federal
agency with respect to any provisions of this subchapter.
I, Sec. 120(a), Nov. 6, 1978, 92 Stat. 2983; amended Pub. L. 96-88,
title V, Sec. 508(m)(2), Oct. 17, 1979, 93 Stat. 694; Pub. L.
98-221, title I, Sec. 104(b)(4), Feb. 22, 1984, 98 Stat. 18; Pub.
L. 99-506, title VI, Sec. 602, title X, Sec. 1001(f)(4), Oct. 21,
1986, 100 Stat. 1830, 1843; Pub. L. 102-569, title V, Sec. 508(a),
Oct. 29, 1992, 106 Stat. 4429.)
1992 - Pub. L. 102-569 amended section generally, changing
Council name from Interagency Coordinating Council to Interagency
Disability Coordinating Council, including as members Secretary of
Housing and Urban Development, Secretary of Transportation, and
such other officials as designated by the President, requiring
Council to be responsible for developing and implementing policies
and practices to eliminate inconsistencies among Federal
departments and agencies responsible for enforcement of provisions
of this subchapter and to carry out such studies and other
activities, with advice from the National Council on Disability, to
identify methods for overcoming barriers to integration into
society, independence, and productivity of individuals with
disabilities, and directing in annual report inclusion of any
comments submitted by National Council on Disability as to
effectiveness of activities and recommendations in meeting needs of
1986 - Pub. L. 99-506, Sec. 602, inserted reference to Assistant
Secretary of the Interior for Indian Affairs.
Pub. L. 99-506, Sec. 1001(f)(4), which directed the substitution
of "Chairperson" for "Chairman" was executed by substituting
"Chairperson of the Architectural and Transportation Barriers
Compliance Board" for "Chairman of the Architectural and
Transportation Barriers Compliance Board" to reflect the probable
intent of Congress.
1984 - Pub. L. 98-221 substituted "Chairman of the Office of
Personnel Management" for "Chairman of the United States Civil
Service Commission" and purported to substitute "Secretary of
Education, the Secretary of Health and Human Services," for
"Secretary of Health, Education, and Welfare" which amendment could
not be executed in view of the previous amendment by Pub. L. 96-88.
See 1979 Amendment note below.
1979 - Pub. L. 96-88 substituted requirement that the Secretaries
of Education and Health and Human Services be members of the
Council for requirement that the Secretary of Health, Education,
and Welfare be a member.
Amendment by Pub. L. 96-88 effective May 4, 1980, with specified
exceptions, see section 601 of Pub. L. 96-88, set out as an
Effective Date note under section 3401 of Title 20, Education.
For termination, effective May 15, 2000, of provisions in subsec.
(c) of this section relating to requirement that the Council submit
an annual report of activities to Congress, see section 3003 of
Pub. L. 104-66, as amended, set out as a note under section 1113 of
Title 31, Money and Finance, and page 175 of House Document No.
29 USC Sec. 794d 01/06/03
Sec. 794d. Electronic and information technology
(a) Requirements for Federal departments and agencies
(1) Accessibility
(A) Development, procurement, maintenance, or use of electronic
and information technology
When developing, procuring, maintaining, or using electronic
and information technology, each Federal department or agency,
including the United States Postal Service, shall ensure,
unless an undue burden would be imposed on the department or
agency, that the electronic and information technology allows,
regardless of the type of medium of the technology -
(i) individuals with disabilities who are Federal employees
to have access to and use of information and data that is
comparable to the access to and use of the information and
data by Federal employees who are not individuals with
(ii) individuals with disabilities who are members of the
public seeking information or services from a Federal
department or agency to have access to and use of information
and data that is comparable to the access to and use of the
information and data by such members of the public who are
not individuals with disabilities.
(B) Alternative means efforts
When development, procurement, maintenance, or use of
electronic and information technology that meets the standards
published by the Access Board under paragraph (2) would impose
an undue burden, the Federal department or agency shall provide
individuals with disabilities covered by paragraph (1) with the
information and data involved by an alternative means of access
that allows the individual to use the information and data.
(2) Electronic and information technology standards
Not later than 18 months after August 7, 1998, the
(referred to in this section as the "Access Board"), after
consultation with the Secretary of Education, the Administrator
of General Services, the Secretary of Commerce, the Chairman of
the Federal Communications Commission, the Secretary of
Defense, and the head of any other Federal department or agency
that the Access Board determines to be appropriate, including
consultation on relevant research findings, and after
consultation with the electronic and information technology
industry and appropriate public or nonprofit agencies or
organizations, including organizations representing individuals
with disabilities, shall issue and publish standards setting
forth -
(i) for purposes of this section, a definition of
electronic and information technology that is consistent with
the definition of information technology specified in section
11101(6) of title 40; and
(ii) the technical and functional performance criteria
necessary to implement the requirements set forth in
paragraph (1).
(B) Review and amendment
The Access Board shall periodically review and, as
appropriate, amend the standards required under subparagraph
(A) to reflect technological advances or changes in electronic
and information technology.
(3) Incorporation of standards
Not later than 6 months after the Access Board publishes the
standards required under paragraph (2), the Federal Acquisition
Regulatory Council shall revise the Federal Acquisition
Regulation and each Federal department or agency shall revise the
Federal procurement policies and directives under the control of
the department or agency to incorporate those standards. Not
later than 6 months after the Access Board revises any standards
required under paragraph (2), the Council shall revise the
Federal Acquisition Regulation and each appropriate Federal
department or agency shall revise the procurement policies and
directives, as necessary, to incorporate the revisions.
(4) Acquisition planning
In the event that a Federal department or agency determines
that compliance with the standards issued by the Access Board
under paragraph (2) relating to procurement imposes an undue
burden, the documentation by the department or agency supporting
the procurement shall explain why compliance creates an undue
burden.
(5) Exemption for national security systems
This section shall not apply to national security systems, as
that term is defined in section 11103(a) of title 40.
(6) Construction
(A) Equipment
In a case in which the Federal Government provides access to
the public to information or data through electronic and
information technology, nothing in this section shall be
construed to require a Federal department or agency -
(i) to make equipment owned by the Federal Government
available for access and use by individuals with disabilities
covered by paragraph (1) at a location other than that where
the electronic and information technology is provided to the
public; or
(ii) to purchase equipment for access and use by
individuals with disabilities covered by paragraph (1) at a
location other than that where the electronic and information
technology is provided to the public.
(B) Software and peripheral devices
Except as required to comply with standards issued by the
Access Board under paragraph (2), nothing in paragraph (1)
requires the installation of specific accessibility-related
software or the attachment of a specific accessibility-related
peripheral device at a workstation of a Federal employee who is
not an individual with a disability.
(b) Technical assistance
The Administrator of General Services and the Access Board shall
provide technical assistance to individuals and Federal departments
and agencies concerning the requirements of this section.
(c) Agency evaluations
Not later than 6 months after August 7, 1998, the head of each
Federal department or agency shall evaluate the extent to which the
electronic and information technology of the department or agency
is accessible to and usable by individuals with disabilities
described in subsection (a)(1) of this section, compared to the
access to and use of the technology by individuals described in
such subsection who are not individuals with disabilities, and
submit a report containing the evaluation to the Attorney General.
(d) Reports
(1) Interim report
Not later than 18 months after August 7, 1998, the Attorney
General shall prepare and submit to the President a report
containing information on and recommendations regarding the
extent to which the electronic and information technology of the
Federal Government is accessible to and usable by individuals
with disabilities described in subsection (a)(1) of this section.
(2) Biennial reports
Not later than 3 years after August 7, 1998, and every 2 years
thereafter, the Attorney General shall prepare and submit to the
President and Congress a report containing information on and
recommendations regarding the state of Federal department and
agency compliance with the requirements of this section,
including actions regarding individual complaints under
subsection (f) of this section.
(e) Cooperation
Each head of a Federal department or agency (including the Access
Board, the Equal Employment Opportunity Commission, and the General
Services Administration) shall provide to the Attorney General such
information as the Attorney General determines is necessary to
conduct the evaluations under subsection (c) of this section and
prepare the reports under subsection (d) of this section.
(f) Enforcement
(1) General
(A) Complaints
Effective 6 months after the date of publication by the
Access Board of final standards described in subsection (a)(2)
of this section, any individual with a disability may file a
complaint alleging that a Federal department or agency fails to
comply with subsection (a)(1) of this section in providing
electronic and information technology.
(B) Application
This subsection shall apply only to electronic and
information technology that is procured by a Federal department
or agency not less than 6 months after the date of publication
by the Access Board of final standards described in subsection
(a)(2) of this section.
(2) Administrative complaints
Complaints filed under paragraph (1) shall be filed with the
Federal department or agency alleged to be in noncompliance. The
Federal department or agency receiving the complaint shall apply
the complaint procedures established to implement section 794 of
this title for resolving allegations of discrimination in a
federally conducted program or activity.
(3) Civil actions
The remedies, procedures, and rights set forth in sections
794a(a)(2) and 794a(b) of this title shall be the remedies,
procedures, and rights available to any individual with a
disability filing a complaint under paragraph (1).
(g) Application to other Federal laws
This section shall not be construed to limit any right, remedy,
or procedure otherwise available under any provision of Federal law
(including sections 791 through 794a of this title) that provides
greater or equal protection for the rights of individuals with
disabilities than this section.
VI, Sec. 603(a), Oct. 21, 1986, 100 Stat. 1830; amended Pub. L.
100-630, title II, Sec. 206(f), Nov. 7, 1988, 102 Stat. 3312; Pub.
L. 102-569, title V, Sec. 509(a), Oct. 29, 1992, 106 Stat. 4430;
Pub. L. 105-220, title IV, Sec. 408(b), Aug. 7, 1998, 112 Stat.
1203; Pub. L. 106-246, div. B, title II, Sec. 2405, July 13, 2000,
114 Stat. 555.)
"Section 11101(6) of title 40" substituted in subsec.
(a)(2)(A)(i) for "section 5002(3) of the Clinger-Cohen Act of 1996
(40 U.S.C. 1401(3))" and "section 11103(a) of title 40" substituted
in subsec. (a)(5) for "section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452)" on authority of Pub. L. 107-217, Sec. 5(c),
Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.
2000 - Subsec. (f)(1)(A). Pub. L. 106-246, Sec. 2405(1),
substituted "Effective 6 months after the date of publication by
the Access Board of final standards described in subsection (a)(2)
of this section," for "Effective 2 years after August 7, 1998,".
Subsec. (f)(1)(B). Pub. L. 106-246, Sec. 2405(2), substituted "6
months after the date of publication by the Access Board of final
standards described in subsection (a)(2) of this section." for "2
years after August 7, 1998."
1998 - Pub. L. 105-220 amended section catchline and text
generally. Prior to amendment, text consisted of subsecs. (a) and
(b) relating to electronic and information technology accessibility
1992 - Pub. L. 102-569 amended section generally, substituting
present provisions for provisions relating to electronic equipment
accessibility guidelines, in consultation with electronic industry,
designed to insure individuals with handicaps use of electronic
office equipment with or without special peripherals, requiring the
Administrator of General Services to adopt guidelines for
electronic equipment accessibility established under this section
for Federal procurement of electronic equipment, and defining term
"special peripherals".
1988 - Subsec. (a)(1). Pub. L. 100-630, Sec. 206(f)(1), inserted
"the Director of" before "the National Institute", struck out "the"
before "General Services", and substituted "individuals with
handicaps" for "handicapped individuals".
Subsec. (a)(3). Pub. L. 100-630, Sec. 206(f)(2), inserted "by the
Director of the National Institute on Disability and Rehabilitation
Research and the Administrator of General Services in consultation
with the electronics industry and the Interagency Committee for
Computer Support of Handicapped Employees" after "revised".
Subsec. (c). Pub. L. 100-630, Sec. 206(f)(3), substituted "an
individual with handicaps" for "a handicapped individual".
This section is referred to in section 792 of this title; title
42 section 15024; title 44 section 3602.
29 USC Sec. 794e 01/06/03
Sec. 794e. Protection and advocacy of individual rights
(a) Purpose and construction
(1) Purpose
The purpose of this section is to support a system in each
State to protect the legal and human rights of individuals with
disabilities who -
(A) need services that are beyond the scope of services
authorized to be provided by the client assistance program
under section 732 of this title; and
(B)(i) are ineligible for protection and advocacy programs
under subtitle C of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.]
because the individuals do not have a developmental disability,
as defined in section 102 of such Act [42 U.S.C. 15002]; and
(ii) are ineligible for services under the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (!1) (42
U.S.C. 10801 et seq.) because the individuals are not
individuals with mental illness, as defined in section 102 of
such Act (42 U.S.C. 10802).
This section shall not be construed to require the provision of
protection and advocacy services that can be provided under the
Assistive Technology Act of 1998 [29 U.S.C. 3001 et seq.].
(b) Appropriations less than $5,500,000
For any fiscal year in which the amount appropriated to carry out
this section is less than $5,500,000, the Commissioner may make
grants from such amount to eligible systems within States to plan
for, develop outreach strategies for, and carry out protection and
advocacy programs authorized under this section for individuals
with disabilities who meet the requirements of subparagraphs (A)
and (B) of subsection (a)(1) of this section.
(c) Appropriations of $5,500,000 or more
(1) Reservations
(A) Technical assistance
For any fiscal year in which the amount appropriated to carry
out this section equals or exceeds $5,500,000, the Commissioner
shall set aside not less than 1.8 percent and not more than 2.2
percent of the amount to provide training and technical
assistance to the systems established under this section.
(B) Grant for the eligible system serving the American Indian
out this section equals or exceeds $10,500,000, the
Commissioner shall reserve a portion, and use the portion to
make a grant for the eligible system serving the American
Indian consortium. The Commission shall make the grant in an
amount of not less than $50,000 for the fiscal year.
(2) Allotments
For any such fiscal year, after the reservations required by
paragraph (1) have been made, the Commissioner shall make
allotments from the remainder of such amount in accordance with
paragraph (3) to eligible systems within States to enable such
systems to carry out protection and advocacy programs authorized
under this section for individuals referred to in subsection (b)
(3) Systems within States
(A) Population basis
Except as provided in subparagraph (B), from such remainder
for each such fiscal year, the Commissioner shall make an
allotment to the eligible system within a State of an amount
bearing the same ratio to such remainder as the population of
the State bears to the population of all States.
(B) Minimums
Subject to the availability of appropriations to carry out
this section, and except as provided in paragraph (4), the
allotment to any system under subparagraph (A) shall be not
less than $100,000 or 1/3 of 1 percent of the remainder for
the fiscal year for which the allotment is made, whichever is
greater, and the allotment to any system under this section for
any fiscal year that is less than $100,000 or 1/3 of 1
percent of such remainder shall be increased to the greater of
the two amounts.
(4) Systems within other jurisdictions
For the purposes of paragraph (3)(B), Guam, American Samoa,
the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands shall not be considered to be States.
(B) Allotment
The eligible system within a jurisdiction described in
subparagraph (A) shall be allotted under paragraph (3)(A) not
less than $50,000 for the fiscal year for which the allotment
is made.
(5) Adjustment for inflation
For any fiscal year, beginning in fiscal year 1999, in which
the total amount appropriated to carry out this section exceeds
the total amount appropriated to carry out this section for the
preceding fiscal year, the Commissioner shall increase each of
the minimum grants or allotments under paragraphs (1)(B), (3)(B),
and (4)(B) by a percentage that shall not exceed the percentage
increase in the total amount appropriated to carry out this
section between the preceding fiscal year and the fiscal year
(d) Proportional reduction
To provide minimum allotments to systems within States (as
increased under subsection (c)(5) of this section) under subsection
(c)(3)(B) of this section, or to provide minimum allotments to
systems within States (as increased under subsection (c)(5) of this
section) under subsection (c)(4)(B) of this section, the
Commissioner shall proportionately reduce the allotments of the
remaining systems within States under subsection (c)(3) of this
section, with such adjustments as may be necessary to prevent the
allotment of any such remaining system within a State from being
reduced to less than the minimum allotment for a system within a
State (as increased under subsection (c)(5) of this section) under
subsection (c)(3)(B) of this section, or the minimum allotment for
a State (as increased under subsection (c)(5) of this section)
under subsection (c)(4)(B) of this section, as appropriate.
(e) Reallotment
Whenever the Commissioner determines that any amount of an
allotment to a system within a State for any fiscal year described
in subsection (c)(1) of this section will not be expended by such
system in carrying out the provisions of this section, the
Commissioner shall make such amount available for carrying out the
provisions of this section to one or more of the systems that the
Commissioner determines will be able to use additional amounts
during such year for carrying out such provisions. Any amount made
available to a system for any fiscal year pursuant to the preceding
sentence shall, for the purposes of this section, be regarded as an
increase in the allotment of the system (as determined under the
preceding provisions of this section) for such year.
(f) Application
In order to receive assistance under this section, an eligible
system shall submit an application to the Commissioner, at such
time, in such form and manner, and containing such information and
assurances as the Commissioner determines necessary to meet the
requirements of this section, including assurances that the
eligible system will -
(1) have in effect a system to protect and advocate the rights
of individuals with disabilities;
(2) have the same general authorities, including access to
records and program income, as are set forth in subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 [42 U.S.C. 15041 et seq.];
(3) have the authority to pursue legal, administrative, and
other appropriate remedies or approaches to ensure the protection
of, and advocacy for, the rights of such individuals within the
State or the American Indian consortium who are individuals
described in subsection (a)(1) of this section;
(4) provide information on and make referrals to programs and
services addressing the needs of individuals with disabilities in
the State or the American Indian consortium;
(5) develop a statement of objectives and priorities on an
annual basis, and provide to the public, including individuals
with disabilities and, as appropriate, the individuals'
representatives, an opportunity to comment on the objectives and
priorities established by, and activities of, the system
including -
(A) the objectives and priorities for the activities of the
system for each year and the rationale for the establishment of
such objectives and priorities; and
(B) the coordination of programs provided through the system
under this section with the advocacy programs of the client
assistance program under section 732 of this title, the State
long-term care ombudsman program established under the Older
Americans Act of 1965 (42 U.S.C. 3001 et seq.), the
2000 [42 U.S.C. 15001 et seq.], and the Protection and Advocacy
for Mentally Ill Individuals Act of 1986 (!2) (42 U.S.C. 10801
et seq.);
(6) establish a grievance procedure for clients or prospective
clients of the system to ensure that individuals with
disabilities are afforded equal opportunity to access the
services of the system; and
(7) provide assurances to the Commissioner that funds made
available under this section will be used to supplement and not
supplant the non-Federal funds that would otherwise be made
available for the purpose for which Federal funds are provided.
(g) Carryover and direct payment
(1) Direct payment
Notwithstanding any other provision of law, the Commissioner
shall pay directly to any system that complies with the
provisions of this section, the amount of the allotment of the
State or the grant for the eligible system that serves the
American Indian consortium involved under this section, unless
the State or American Indian consortium provides otherwise.
(2) Carryover
Any amount paid to an eligible system that serves a State or
American Indian consortium for a fiscal year that remains
unobligated at the end of such year shall remain available to
such system that serves the State or American Indian consortium
for obligation during the next fiscal year for the purposes for
which such amount was paid.
(h) Limitation on disclosure requirements
For purposes of any audit, report, or evaluation of the
performance of the program established under this section, the
Commissioner shall not require such a program to disclose the
identity of, or any other personally identifiable information
related to, any individual requesting assistance under such
(i) Administrative cost
In any State in which an eligible system is located within a
State agency, a State may use a portion of any allotment under
subsection (c) of this section for the cost of the administration
of the system required by this section. Such portion may not exceed
5 percent of the allotment.
(j) Delegation
The Commissioner may delegate the administration of this program
to the Commissioner of the Administration on Developmental
Disabilities within the Department of Health and Human Services.
(k) Report
The Commissioner shall annually prepare and submit to the
Representatives and the Committee on Labor and Human Resources of
the Senate a report describing the types of services and activities
being undertaken by programs funded under this section, the total
number of individuals served under this section, the types of
disabilities represented by such individuals, and the types of
issues being addressed on behalf of such individuals.
(g742l) Authorization of appropriations
(m) Definitions
(1) Eligible system
The term "eligible system" means a protection and advocacy
system that is established under subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C.
15041 et seq.] and that meets the requirements of subsection (f)
(2) American Indian consortium
The term "American Indian consortium" means a consortium
established as described in section 142 (!2) of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042).
(Pub. L. 93-112, title V, Sec. 509, as added Pub. L. 102-569, title
V, Sec. 510(a), Oct. 29, 1992, 106 Stat. 4430; amended Pub. L.
103-73, title I, Sec. 112(c), Aug. 11, 1993, 107 Stat. 727; Pub. L.
105-12, Sec. 9(n), Apr. 30, 1997, 111 Stat. 28; Pub. L. 105-220,
title IV, Sec. 408(c), Aug. 7, 1998, 112 Stat. 1206; Pub. L.
105-394, title IV, Sec. 402(c), Nov. 13, 1998, 112 Stat. 3662; Pub.
L. 106-402, title IV, Sec. 401(b)(3)(C), (D), Oct. 30, 2000, 114
Stat. 1738.)
of 2000, referred to in subsecs. (a)(1)(B)(i), (f)(2), (5)(B), and
(m)(1), is Pub. L. 106-402, Oct. 30, 2000, 114 Stat. 1677, which is
classified principally to chapter 144 (Sec. 15001 et seq.) of Title
42, The Public Health and Welfare. Subtitle C of the Act probably
means subtitle C of title I of the Act which is classified
generally to part C (Sec. 15041 et seq.) of subchapter I of chapter
144 of Title 42. For complete classification of this Act to the
Code, see Short Title note set out under section 15001 of Title 42
The Protection and Advocacy for Mentally Ill Individuals Act of
1986, referred to in subsecs. (a)(1)(B)(ii) and (f)(5)(B), was Pub.
L. 99-319, May 23, 1986, 100 Stat. 478, as amended. Pub. L. 99-319
was renamed the Protection and Advocacy for Individuals with Mental
Illness Act by Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a),
Oct. 17, 2000, 114 Stat. 1193, and is classified generally to
The Assistive Technology Act of 1998, referred to in subsec.
(a)(2), is Pub. L. 105-394, Nov. 13, 1998, 112 Stat. 3627, which is
classified principally to chapter 31 (Sec. 3001 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 3001 of this title and
The Older Americans Act of 1965, referred to in subsec.
(f)(5)(B), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as
amended, which is classified generally to chapter 35 (Sec. 3001 et
seq.) of Title 42, The Public Health and Welfare. For complete
Section 142 of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6042), referred to in subsec. (m)(2), was
repealed by Pub. L. 106-402, title IV, Sec. 401(a), Oct. 30, 2000,
114 Stat. 1737.
2000 - Subsecs. (a)(1)(B)(i), (f)(2). Pub. L. 106-402, Sec.
401(b)(3)(C), substituted "subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000" for "part C
of the Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6041 et seq.)".
Subsec. (f)(5)(B). Pub. L. 106-402, Sec. 401(b)(3)(D),
substituted "Developmental Disabilities Assistance and Bill of
Bill of Rights Act (42 U.S.C. 6000 et seq.)".
Subsec. (m)(1). Pub. L. 106-402, Sec. 401(b)(3)(C), substituted
"subtitle C of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000" for "part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et
seq.)".
generally. Prior to amendment, text consisted of subsecs. (a) to
(n) relating to protection and advocacy of individual rights.
Subsec. (a)(2). Pub. L. 105-394 substituted "the Assistive
Technology Act of 1998" for "the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (42 U.S.C. 2201 et
1997 - Subsec. (f)(8). Pub. L. 105-12 added par. (8).
1993 - Subsec. (a)(1). Pub. L. 103-73, Sec. 112(c)(1), added par.
(1) and struck out former par. (1) which read as follows: "are
ineligible for client assistance programs under section 732 of this
title; and".
Subsec. (b). Pub. L. 103-73, Sec. 112(c)(2), added subsec. (b)
and struck out heading and text of former subsec. (b). Text read as
"(1) Allotments. - For any fiscal year in which the amount
appropriated to carry out this section is less than $5,500,000, the
Commissioner may make grants from such amount to eligible systems
within States to plan for, develop outreach strategies for, and
carry out protection and advocacy programs authorized under this
section for individuals with disabilities who meet the requirements
of paragraphs (1) and (2) of subsection (a) of this section.
"(2) Other jurisdictions. - For the purposes of this subsection,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and the Republic of
Palau shall not be considered to be States."
Subsec. (c)(4)(A). Pub. L. 103-73, Sec. 112(c)(3)(A)(i),
substituted "paragraph (3)(B)" for "this subsection".
Subsec. (c)(4)(B). Pub. L. 103-73, Sec. 112(c)(3)(A)(ii),
substituted "allotted under paragraph (3)(A)" for "allotted".
Subsec. (c)(5). Pub. L. 103-73, Sec. 112(c)(3)(B), added par. (5)
and struck out heading and text of former par. (5). Text read as
"(A) States. - For purposes of determining the minimum amount of
an allotment under paragraph (3)(B), the amount $100,000 shall, in
the case of such allotments for fiscal year 1994 and subsequent
fiscal years, be increased to the extent necessary to offset the
effects of inflation occurring since October 1992, as measured by
the percentage increase in the Consumer Price Index For All Urban
Consumers (U.S. city average) during the period ending on April 1
of the fiscal year preceding the fiscal year for which the
allotment is to be made.
"(B) Certain territories. - For purposes of determining the
minimum amount of an allotment under paragraph (4)(B), the amount
$50,000 shall, in the case of such allotments for fiscal year 1994
and subsequent fiscal years, be increased to the extent necessary
to offset the effects of inflation occurring since October 1992, as
measured by the percentage increase in the Consumer Price Index For
All Urban Consumers (U.S. city average) during the period ending on
April 1 of the fiscal year preceding the fiscal year for which the
allotment is to be made."
Subsec. (d). Pub. L. 103-73, Sec. 112(c)(4), added subsec. (d)
and struck out heading and text of former subsec. (d). Text read as
follows: "Amounts necessary to provide allotments to systems within
States in accordance with subsection (c)(3)(B) of this section as
increased under subsection (c)(5) of this section, or to provide
allotments in accordance with subsection (c)(4)(B) of this section
as increased in accordance with subsection (c)(5) of this section,
shall be derived by proportionately reducing the allotments of the
section, but with such adjustments as may be necessary to prevent
the allotment of any such remaining systems within States from
being thereby reduced to less than the greater of $100,000 or
one-third of one percent of the sums made available for purposes of
this section for the fiscal year for which the allotment is made,
as increased in accordance with subsection (c)(5) of this section."
Subsec. (i). Pub. L. 103-73, Sec. 112(c)(6), which directed the
amendment of this section "in subsection (i), to read as follows:
", was executed by adding subsec. (i). Former subsec. (i)
redesignated (n).
Subsec. (j). Pub. L. 103-73, Sec. 112(c)(7), added subsec. (j)
and struck out heading and text of former subsec. (j). Text read as
follows: "An eligible system may not use more than 5 percent of any
allotment under subsection (c) of this section for the cost of
administration of the system required by this section."
Subsec. (n). Pub. L. 103-73, Sec. 112(c)(5), redesignated subsec.
(i) as (n).
Amendment by Pub. L. 105-12 effective Apr. 30, 1997, applicable
to Federal payments made pursuant to obligations incurred after
Apr. 30, 1997, for items and services provided on or after such
date, and also applicable with respect to contracts entered into,
renewed, or extended after Apr. 30, 1997, as well as contracts
entered into before Apr. 30, 1997, to the extent permitted under
such contracts, see section 11 of Pub. L. 105-12, set out as an
Effective Date note under section 14401 of Title 42, The Public
Health and Welfare.
This section is referred to in sections 716, 718, 3002 of this
title; title 42 section 14404; 15461.
(!1) See References in Text note below.
29 USC SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR
INDIVIDUALS WITH DISABILITIES 01/06/03
SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
Title VI of the Rehabilitation Act of 1973, comprising this
subchapter, was originally added to Pub. L. 93-112 by Pub. L.
95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2989, and
amended by 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. Title VI is shown herein, however, as having been added by
Pub. L. 105-220, title IV, Sec. 409, Aug. 7, 1998, 112 Stat. 1210,
without reference to those intervening amendments because of the
extensive revision of title VI by Pub. L. 105-220.
This subchapter is referred to in sections 705, 718, 764 of this
29 USC Part A - Projects With Industry 01/06/03
Part A - Projects With Industry
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in section 721 of this title.
Sec. 795. Projects With Industry
(a) Purpose; award of grants; eligibility; agreements; evaluation;
(1) The purpose of this part is to create and expand job and
career opportunities for individuals with disabilities in the
competitive labor market by engaging the talent and leadership of
private industry as partners in the rehabilitation process, to
identify competitive job and career opportunities and the skills
needed to perform such jobs, to create practical job and career
readiness and training programs, and to provide job placements and
career advancement.
(2) The Commissioner, in consultation with the Secretary of Labor
and with designated State units, may award grants to individual
employers, community rehabilitation program providers, labor
unions, trade associations, Indian tribes, tribal organizations,
designated State units, and other entities to establish jointly
financed Projects With Industry to create and expand job and career
opportunities for individuals with disabilities, which projects
shall -
(A) provide for the establishment of business advisory
councils, that shall -
(i) be comprised of -
(I) representatives of private industry, business concerns,
and organized labor;
(II) individuals with disabilities and representatives of
(III) a representative of the appropriate designated State
unit;
(ii) identify job and career availability within the
community, consistent with the current and projected local
employment opportunities identified by the local workforce
investment board for the community under section 2833(b)(1)(B)
of this title;
(iii) identify the skills necessary to perform the jobs and
careers identified; and
(iv) prescribe training programs designed to develop
appropriate job and career skills, or job placement programs
designed to identify and develop job placement and career
advancement opportunities, for individuals with disabilities in
fields related to the job and career availability identified
under clause (ii);
(B) provide job development, job placement, and career
advancement services;
(C) to the extent appropriate, provide for -
(i) training in realistic work settings in order to prepare
individuals with disabilities for employment and career
advancement in the competitive market; and
(ii) to the extent practicable, the modification of any
facilities or equipment of the employer involved that are used
primarily by individuals with disabilities, except that a
project shall not be required to provide for such modification
if the modification is required as a reasonable accommodation
under the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.); and
(D) provide individuals with disabilities with such support
services as may be required in order to maintain the employment
and career advancement for which the individuals have received
training under this part.
(3)(A) An individual shall be eligible for services described in
paragraph (2) if the individual is determined to be an individual
described in section 722(a)(1) of this title, and if the
determination is made in a manner consistent with section 722(a) of
(B) Such a determination may be made by the recipient of a grant
under this part, to the extent the determination is appropriate and
available and consistent with the requirements of section 722(a) of
(4) The Commissioner shall enter into an agreement with the grant
recipient regarding the establishment of the project. Any agreement
shall be jointly developed by the Commissioner, the grant
recipient, and, to the extent practicable, the appropriate
designated State unit and the individuals with disabilities (or the
individuals' representatives) involved. Such agreements shall
specify the terms of training and employment under the project,
provide for the payment by the Commissioner of part of the costs of
the project (in accordance with subsection (c) of this section),
and contain the items required under subsection (b) of this section
and such other provisions as the parties to the agreement consider
to be appropriate.
(5) Any agreement shall include a description of a plan to
annually conduct a review and evaluation of the operation of the
project in accordance with standards developed by the Commissioner
under subsection (d) of this section, and, in conducting the review
and evaluation, to collect data and information of the type
described in subparagraphs (A) through (C) of section 721(a)(10) of
this title, as determined to be appropriate by the Commissioner.
(6) The Commissioner may include, as part of agreements with
grant recipients, authority for such grant recipients to provide
technical assistance to -
(A) assist employers in hiring individuals with disabilities;
(B) improve or develop relationships between -
(i) grant recipients or prospective grant recipients; and
(ii) employers or organized labor; or
(C) assist employers in understanding and meeting the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) as the Act relates to employment of
(b) Requirements for payment
No payment shall be made by the Commissioner under any agreement
with a grant recipient entered into under subsection (a) of this
section unless such agreement -
(1) provides an assurance that individuals with disabilities
placed under such agreement shall receive at least the applicable
minimum wage;
(2) provides an assurance that any individual with a disability
placed under this part shall be afforded terms and benefits of
employment equal to terms and benefits that are afforded to the
similarly situated nondisabled co-workers of the individual, and
that such individuals with disabilities shall not be segregated
from their co-workers; and
(3) provides an assurance that an annual evaluation report
containing information specified under subsection (a)(5) of this
section shall be submitted as determined to be appropriate by the
Commissioner.
(c) Amount of payments
Payments under this section with respect to any project may not
exceed 80 per centum of the costs of the project.
(d) Standards for evaluation; recommendations
(1) The Commissioner shall develop standards for the evaluation
described in subsection (a)(5) of this section and shall review and
revise the evaluation standards as necessary, subject to paragraph
(2).
(2) In revising the standards for evaluation to be used by the
grant recipients, the Commissioner shall obtain and consider
recommendations for such standards from State vocational
rehabilitation agencies, current and former grant recipients,
professional organizations representing business and industry,
organizations representing individuals with disabilities,
individuals served by grant recipients, organizations representing
community rehabilitation program providers, and labor
organizations.
(e) Period of grant; renewal; award on competitive basis; equitable
(1)(A) A grant may be awarded under this section for a period of
up to 5 years and such grant may be renewed.
(B) Grants under this section shall be awarded on a competitive
basis. To be eligible to receive such a grant, a prospective grant
recipient shall submit an application to the Commissioner at such
Commissioner may require.
(2) The Commissioner shall, to the extent practicable, ensure an
equitable distribution of payments made under this section among
the States. To the extent funds are available, the Commissioner
shall award grants under this section to new projects that will
serve individuals with disabilities in States, portions of States,
Indian tribes, or tribal organizations, that are currently unserved
or underserved by projects.
(f) Indicators for compliance with evaluation standards; annual
reports; onsite compliance reviews; analysis included in reports
to Congress
(1) The Commissioner shall, as necessary, develop and publish in
the Federal Register, in final form, indicators of what constitutes
minimum compliance consistent with the evaluation standards under
subsection (d)(1) of this section.
(2) Each grant recipient shall report to the Commissioner at the
end of each project year the extent to which the grant recipient is
in compliance with the evaluation standards.
(3)(A) The Commissioner shall annually conduct onsite compliance
reviews of at least 15 percent of grant recipients. The
Commissioner shall select grant recipients for review on a random
(B) The Commissioner shall use the indicators in determining
compliance with the evaluation standards.
(C) The Commissioner shall ensure that at least one member of a
team conducting such a review shall be an individual who -
(i) is not an employee of the Federal Government; and
(ii) has experience or expertise in conducting projects.
(D) The Commissioner shall ensure that -
(i) a representative of the appropriate designated State unit
shall participate in the review; and
(ii) no person shall participate in the review of a grant
recipient if -
(I) the grant recipient provides any direct financial benefit
to the reviewer; or
(II) participation in the review would give the appearance of
a conflict of interest.
(4) In making a determination concerning any subsequent grant
under this section, the Commissioner shall consider the past
performance of the applicant, if applicable. The Commissioner shall
use compliance indicators developed under this subsection that are
consistent with program evaluation standards developed under
subsection (d) of this section to assess minimum project
performance for purposes of making continuation awards in the
third, fourth, and fifth years.
(5) Each fiscal year the Commissioner shall include in the annual
report to Congress required by section 710 of this title an
analysis of the extent to which grant recipients have complied with
the evaluation standards. The Commissioner may identify individual
grant recipients in the analysis. In addition, the Commissioner
shall report the results of onsite compliance reviews, identifying
individual grant recipients.
(g) Technical assistance to entities conducting or planning
The Commissioner may provide, directly or by way of grant,
contract, or cooperative agreement, technical assistance to -
(1) entities conducting projects for the purpose of assisting
such entities in -
(A) the improvement of or the development of relationships
with private industry or labor; or
(B) the improvement of relationships with State vocational
rehabilitation agencies; and
(2) entities planning the development of new projects.
(h) Definitions
(1) The term "agreement" means an agreement described in
subsection (a)(4) of this section.
(2) The term "project" means a Project With Industry
established under subsection (a)(2) of this section.
(3) The term "grant recipient" means a recipient of a grant
under subsection (a)(2) of this section.
(Pub. L. 93-112, title VI, Sec. 611, as added Pub. L. 105-220,
subsec. (a)(2)(C)(ii), (6)(C), is Pub. L. 101-336, July 26, 1990,
104 Stat. 327, as amended, which is classified principally to
Provisions similar to this section were contained in section 795g
A prior section 795, Pub. L. 93-112, title VI, Sec. 611, as added
Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2989;
amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title X, Sec.
1002(f), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L. 102-569,
title I, Sec. 102(p)(36), title VI, Sec. 601, Oct. 29, 1992, 106
Stat. 4360, 4434, authorized community service employment pilot
programs for individuals with disabilities, prior to the general
For short title of this subchapter as the "Employment
Opportunities for Individuals With Disabilities Act", see section
601 of Pub. L. 93-112, as amended, set out as a note under section
701 of this title.
Sec. 795a. Authorization of appropriations
There are authorized to be appropriated to carry out the
provisions of this part, such sums as may be necessary for each of
fiscal years 1999 through 2003.
Provisions similar to this section were contained in section 795i
Prior sections 795a to 795f were omitted in the general amendment
Section 795a, Pub. L. 93-112, title VI, Sec. 612, as added Pub.
L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2991; amended
Pub. L. 98-221, title I, Sec. 165, Feb. 22, 1984, 98 Stat. 30; Pub.
L. 100-630, title II, Sec. 207(a), Nov. 7, 1988, 102 Stat. 3313,
related to administration of community service employment pilot
programs for individuals with disabilities.
Section 795b, Pub. L. 93-112, title VI, Sec. 613, as added Pub.
Pub. L. 102-569, title VI, Sec. 602, Oct. 29, 1992, 106 Stat. 4434,
related to employment.
Section 795c, Pub. L. 93-112, title VI, Sec. 614, as added Pub.
18, related to interagency cooperation.
Section 795d, Pub. L. 93-112, title VI, Sec. 615, as added Pub.
Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title VII, Sec. 701,
Oct. 21, 1986, 100 Stat. 1810, 1831; Pub. L. 102-569, title I, Sec.
102(p)(37), Oct. 29, 1992, 106 Stat. 4360, related to award of
grants or contracts.
Section 795e, Pub. L. 93-112, title VI, Sec. 616, as added Pub.
Pub. L. 99-506, title I, Sec. 103(d)(2)(C), Oct. 21, 1986, 100
Stat. 1810; Pub. L. 102-569, title I, Sec. 102(p)(38), title VI,
Sec. 603, Oct. 29, 1992, 106 Stat. 4361, 4434, defined terms
"community service" and "pilot program".
Section 795f, Pub. L. 93-112, title VI, Sec. 617, as added Pub.
L. 99-506, title VII, Sec. 702, Oct. 21, 1986, 100 Stat. 1831; Pub.
L. 102-52, Sec. 7(a), June 6, 1991, 105 Stat. 262; Pub. L. 102-569,
title VI, Sec. 604, Oct. 29, 1992, 106 Stat. 4434, authorized
appropriations.
29 USC Part B - Supported Employment Services for
Individuals With the Most
Significant Disabilities 01/06/03
Part B - Supported Employment Services for Individuals With the Most
Significant Disabilities
PART B - SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH THE
MOST SIGNIFICANT DISABILITIES
This part is referred to in sections 716, 721, 728, 796 of this
29 USC Sec. 795g 01/06/03
Sec. 795g. Purpose
It is the purpose of this part to authorize allotments, in
addition to grants for vocational rehabilitation services under
subchapter I of this chapter, to assist States in developing
collaborative programs with appropriate entities to provide
supported employment services for individuals with the most
significant disabilities to enable such individuals to achieve the
employment outcome of supported employment.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(b)(12)], Oct.
21, 1998, 112 Stat. 2681-337, 2681-414.)
Provisions similar to this section were contained in section 795j
A prior section 795g, Pub. L. 93-112, title VI, Sec. 621, as
added Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92 Stat.
2993; amended Pub. L. 98-221, title I, Secs. 162, 163, Feb. 22,
1984, 98 Stat. 29, 30; Pub. L. 99-506, title I, Sec. 103(d)(2)(B),
(C), title VII, Sec. 703(a)(1)-(3), (b)-(d), Oct. 21, 1986, 100
Stat. 1810, 1831, 1832; Pub. L. 100-630, title II, Sec. 207(b),
Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102-569, title VI, Sec. 611,
Oct. 29, 1992, 106 Stat. 4434, related to Projects With Industry,
105-220. See section 795 of this title.
1998 - Pub. L. 105-277 made technical amendment to section
designation and catchline in original.
29 USC Sec. 795h 01/06/03
Sec. 795h. Allotments
(1) States
The Secretary shall allot the sums appropriated for each fiscal
year to carry out this part among the States on the basis of
relative population of each State, except that -
(A) no State shall receive less than $250,000, or 1/3 of 1
percent of the sums appropriated for the fiscal year for which
the allotment is made, whichever is greater; and
(B) if the sums appropriated to carry out this part for the
fiscal year exceed by $1,000,000 or more the sums appropriated
to carry out this part in fiscal year 1992, no State shall
receive less than $300,000, or 1/3 of 1 percent of the sums
appropriated for the fiscal year for which the allotment is
made, whichever is greater.
(2) Certain territories
For the purposes of this subsection, Guam, American Samoa,
Each jurisdiction described in subparagraph (A) shall be
allotted not less than one-eighth of one percent of the amounts
(b) Reallotment
allotment to a State for any fiscal year will not be expended by
such State for carrying out the provisions of this part, the
provisions of this part to one or more of the States that the
available to a State for any fiscal year pursuant to the preceding
increase in the allotment of the State (as determined under the
Provisions similar to this section were contained in section 795k
A prior section 795h, Pub. L. 93-112, title VI, Sec. 622, as
2994, and amended, which related to business opportunities for
individuals with disabilities and promulgation of regulations, was
VI, Sec. 612(a)(2), (3), Oct. 29, 1992, 106 Stat. 4438, and
transferred to section 795r of this title, prior to the general
1998 - Pub. L. 105-277 made technical amendment in original to
section designation and catchline.
This section is referred to in section 795k of this title.
29 USC Sec. 795i 01/06/03
Sec. 795i. Availability of services
Funds provided under this part may be used to provide supported
employment services to individuals who are eligible under this
part. Funds provided under this part, or subchapter I of this
chapter, may not be used to provide extended services to
individuals who are eligible under this part or subchapter I of
Provisions similar to this section were contained in section 795l
A prior section 795i, Pub. L. 93-112, title VI, Sec. 622,
formerly Sec. 623, as added Pub. L. 95-602, title II, Sec. 201,
Nov. 6, 1978, 92 Stat. 2994; amended Pub. L. 98-221, title I, Sec.
164, Feb. 22, 1984, 98 Stat. 30; Pub. L. 99-506, title VII, Sec.
704, Oct. 21, 1986, 100 Stat. 1834; Pub. L. 100-630, title II, Sec.
207(d), Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102-52, Sec. 7(b),
June 6, 1991, 105 Stat. 262; renumbered Sec. 622 and amended Pub.
L. 102-569, title VI, Sec. 613(a), Oct. 29, 1992, 106 Stat. 4439,
subchapter by Pub. L. 105-220. See section 795a of this title.
29 USC Sec. 795j 01/06/03
Sec. 795j. Eligibility
An individual shall be eligible under this part to receive
supported employment services authorized under this chapter if -
(1) the individual is eligible for vocational rehabilitation
(2) the individual is determined to be an individual with a
(3) a comprehensive assessment of rehabilitation needs of the
individual described in section 705(2)(B) of this title,
including an evaluation of rehabilitation, career, and job needs,
identifies supported employment as the appropriate employment
outcome for the individual.
Provisions similar to this section were contained in section 795m
A prior section 795j, Pub. L. 93-112, title VI, Sec. 631, as
added Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106
Stat. 4439, stated purpose of program for supported employment
services for individuals with severe disabilities, prior to the
general amendment of this subchapter by Pub. L. 105-220. See
section 795g of this title.
Another prior section 795j, Pub. L. 93-112, title VI, Sec. 631,
as added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986,
100 Stat. 1834, outlined the purpose of former part C of this
subchapter, prior to repeal by Pub. L. 102-569, Sec. 621(a).
29 USC Sec. 795k 01/06/03
Sec. 795k. State plan
(a) State plan supplements
To be eligible for an allotment under this part, a State shall
submit to the Commissioner, as part of the State plan under section
721 of this title, a State plan supplement for providing supported
employment services authorized under this chapter to individuals
who are eligible under this chapter to receive the services. Each
State shall make such annual revisions in the plan supplement as
may be necessary.
(b) Contents
Each such plan supplement shall -
(1) designate each designated State agency as the agency to
administer the program assisted under this part;
(2) summarize the results of the comprehensive, statewide
assessment conducted under section 721(a)(15)(A)(i) of this
title, with respect to the rehabilitation needs of individuals
with significant disabilities and the need for supported
employment services, including needs related to coordination;
(3) describe the quality, scope, and extent of supported
employment services authorized under this chapter to be provided
to individuals who are eligible under this chapter to receive the
services and specify the goals and plans of the State with
respect to the distribution of funds received under section 795h
(4) demonstrate evidence of the efforts of the designated State
agency to identify and make arrangements (including entering into
cooperative agreements) with other State agencies and other
appropriate entities to assist in the provision of supported
employment services;
cooperative agreements) with other public or nonprofit agencies
or organizations within the State, employers, natural supports,
and other entities with respect to the provision of extended
(6) provide assurances that -
(A) funds made available under this part will only be used to
provide supported employment services authorized under this
chapter to individuals who are eligible under this part to
receive the services;
(B) the comprehensive assessments of individuals with
significant disabilities conducted under section 722(b)(1) of
this title and funded under subchapter I of this chapter will
include consideration of supported employment as an appropriate
employment outcome;
(C) an individualized plan for employment, as required by
section 722 of this title, will be developed and updated using
funds under subchapter I of this chapter in order to -
(i) specify the supported employment services to be
provided;
(ii) specify the expected extended services needed; and
(iii) identify the source of extended services, which may
include natural supports, or to the extent that it is not
possible to identify the source of extended services at the
time the individualized plan for employment is developed, a
statement describing the basis for concluding that there is a
reasonable expectation that such sources will become
available;
(D) the State will use funds provided under this part only to
supplement, and not supplant, the funds provided under
subchapter I of this chapter, in providing supported employment
services specified in the individualized plan for employment;
(E) services provided under an individualized plan for
employment will be coordinated with services provided under
other individualized plans established under other Federal or
State programs;
(F) to the extent jobs skills training is provided, the
training will be provided on site; and
(G) supported employment services will include placement in
an integrated setting for the maximum number of hours possible
based on the unique strengths, resources, priorities, concerns,
abilities, capabilities, interests, and informed choice of
individuals with the most significant disabilities;
(7) provide assurances that the State agencies designated under
paragraph (1) will expend not more than 5 percent of the
allotment of the State under this part for administrative costs
of carrying out this part; and
(8) contain such other information and be submitted in such
manner as the Commissioner may require.
Provisions similar to this section were contained in section 795n
A prior section 795k, Pub. L. 93-112, title VI, Sec. 632, as
Stat. 4439, related to allotments, prior to the general amendment
of this subchapter by Pub. L. 105-220. See section 795h of this
Another prior section 795k, Pub. L. 93-112, title VI, Sec. 632,
100 Stat. 1834, related to eligibility for services under former
part C of this subchapter, prior to repeal by Pub. L. 102-569, Sec.
621(a).
This section is referred to in section 795l of this title.
29 USC Sec. 795l 01/06/03
Sec. 795g742l. Restriction
Each State agency designated under section 795k(b)(1) of this
title shall collect the information required by section 721(a)(10)
of this title separately for eligible individuals receiving
supported employment services under this part and for eligible
individuals receiving supported employment services under
subchapter I of this chapter.
Provisions similar to this section were contained in section 795o
A prior section 795l, Pub. L. 93-112, title VI, Sec. 633, as
Stat. 4440; amended Pub. L. 103-73, title I, Sec. 113, Aug. 11,
1993, 107 Stat. 728, related to availability of services, prior to
the general amendment of this subchapter by Pub. L. 105-220. See
section 795i of this title.
Another prior section 795l, Pub. L. 93-112, title VI, Sec. 633,
100 Stat. 1834; amended Pub. L. 100-630, title II, Sec. 207(e),
Nov. 7, 1988, 102 Stat. 3313, provided for allotments to States,
unused funds, and planning grants, prior to repeal by Pub. L.
102-569, Sec. 621(a).
29 USC Sec. 795m 01/06/03
Sec. 795m. Savings provision
(a) Supported employment services
Nothing in this chapter shall be construed to prohibit a State
from providing supported employment services in accordance with the
State plan submitted under section 721 of this title by using funds
made available through a State allotment under section 730 of this
(b) Postemployment services
Nothing in this part shall be construed to prohibit a State from
providing discrete postemployment services in accordance with the
title to an individual who is eligible under this part.
Provisions similar to this section were contained in section 795p
A prior section 795m, Pub. L. 93-112, title VI, Sec. 634, as
Stat. 4440, related to eligibility for services, prior to the
section 795j of this title.
Another prior section 795m, Pub. L. 93-112, title VI, Sec. 634,
100 Stat. 1835; amended Pub. L. 100-630, title II, Sec. 207(f),
Nov. 7, 1988, 102 Stat. 3313; Pub. L. 102-119, Sec. 26(e), Oct. 7,
1991, 105 Stat. 607, provided for submission of State plans for
assistance under former part C of this subchapter, prior to repeal
by Pub. L. 102-569, Sec. 621(a).
29 USC Sec. 795n 01/06/03
Sec. 795n. Authorization of appropriations
There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 1999 through
Provisions similar to this section were contained in section 795q
Prior sections 795n to 795r were omitted in the general amendment
Section 795n, Pub. L. 93-112, title VI, Sec. 635, as added Pub.
related to State plans. See section 795k of this title.
Another prior section 795n, Pub. L. 93-112, title VI, Sec. 635,
100 Stat. 1836; amended Pub. L. 100-630, title II, Sec. 207(g),
Nov. 7, 1988, 102 Stat. 3314, related to availability and
comparability of services under former part C of this subchapter,
prior to repeal by Pub. L. 102-569, Sec. 621(a).
Section 795o, Pub. L. 93-112, title VI, Sec. 636, as added Pub.
related to collection of client information. See section 795l of
Another prior section 795o, Pub. L. 93-112, title VI, Sec. 636,
100 Stat. 1836, related to collection of client information, prior
to repeal by Pub. L. 102-569, Sec. 621(a).
Section 795p, Pub. L. 93-112, title VI, Sec. 637, as added Pub.
contained savings provision. See section 795m of this title.
Another prior section 795p, Pub. L. 93-112, title VI, Sec. 637,
100 Stat. 1837, contained a savings provision not prohibiting a
State from carrying out post-employment services leading to
supported employment, prior to repeal by Pub. L. 102-569, Sec.
Section 795q, Pub. L. 93-112, title VI, Sec. 638, as added Pub.
authorized appropriations.
Another prior section 795q, Pub. L. 93-112, title VI, Sec. 638,
100 Stat. 1837; amended Pub. L. 100-630, title II, Sec. 207(h),
Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102-52, Sec. 7(c), June 6,
1991, 105 Stat. 262, authorized appropriations for fiscal years
1987 to 1992, prior to repeal by Pub. L. 102-569, Sec. 621(a).
Section 795r, Pub. L. 93-112, title VI, Sec. 641, formerly Sec.
622, as added Pub. L. 95-602, title II, Sec. 201, Nov. 6, 1978, 92
Stat. 2994; amended Pub. L. 99-506, title I, Sec. 103(d)(2)(C),
207(c), Nov. 7, 1988, 102 Stat. 3313; renumbered Sec. 641 and
amended Pub. L. 102-569, title I, Sec. 102(p)(39), title VI, Sec.
612(a)(2), (3), (b), Oct. 29, 1992, 106 Stat. 4361, 4438, related
to business opportunities for individuals with disabilities.
29 USC SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND
CENTERS FOR INDEPENDENT LIVING 01/06/03
SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
Title VII of the Rehabilitation Act of 1973, comprising this
102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106 Stat. 4443, and
amended by Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718. Title VII
is shown herein, however, as having been added by Pub. L. 105-220,
title IV, Sec. 410, Aug. 7, 1998, 112 Stat. 1217, without reference
to those intervening amendments because of the extensive revision
of title VII by Pub. L. 105-220.
this title; title 42 section 1320b-20.
29 USC Part A - Individuals With Significant Disabilities 01/06/03
Part A - Individuals With Significant Disabilities
29 USC subpart 1 - general provisions 01/06/03
subpart 1 - general provisions
Sec. 796. Purpose
The purpose of this part is to promote a philosophy of
independent living, including a philosophy of consumer control,
peer support, self-help, self-determination, equal access, and
individual and system advocacy, in order to maximize the
leadership, empowerment, independence, and productivity of
individuals with disabilities, and the integration and full
inclusion of individuals with disabilities into the mainstream of
American society, by -
(1) providing financial assistance to States for providing,
expanding, and improving the provision of independent living
(2) providing financial assistance to develop and support
statewide networks of centers for independent living; and
(3) providing financial assistance to States for improving
working relationships among State independent living
rehabilitation service programs, centers for independent living,
Statewide Independent Living Councils established under section
796d of this title, State vocational rehabilitation programs
receiving assistance under subchapter I of this chapter, State
programs of supported employment services receiving assistance
under part B of subchapter VI of this chapter, client assistance
programs receiving assistance under section 732 of this title,
programs funded under other subchapters of this chapter, programs
funded under other Federal law, and programs funded through
non-Federal sources.
(Pub. L. 93-112, title VII, Sec. 701, as added Pub. L. 105-220,
A prior section 796, Pub. L. 93-112, title VII, Sec. 701, as
added Pub. L. 102-569, title VII, Sec. 701(2), Oct. 29, 1992, 106
Stat. 4443; amended Pub. L. 103-73, title I, Sec. 114(a), Aug. 11,
1993, 107 Stat. 728, related to purpose of program to provide
assistance for independent living for individuals with severe
disabilities, prior to the general amendment of this subchapter by
Another prior section 796, Pub. L. 93-112, title VII, Sec. 701,
as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 2995, provided Congressional statement of purpose of former
subchapter VII, prior to repeal by Pub. L. 102-569, Sec. 701(1).
Sec. 796a. Definitions
As used in this part:
(1) Center for independent living
The term "center for independent living" means a
consumer-controlled, community-based, cross-disability,
nonresidential private nonprofit agency that -
(A) is designed and operated within a local community by
(B) provides an array of independent living services.
(2) Consumer control
The term "consumer control" means, with respect to a center for
independent living, that the center vests power and authority in
A prior section 796a, Pub. L. 93-112, title VII, Sec. 702, as
Stat. 4443, defined terms "center for independent living" and
"consumer control", prior to the general amendment of this
Another prior section 796a, Pub. L. 93-112, title VII, Sec. 702,
Stat. 2995; amended Pub. L. 99-506, title I, Sec. 103(d)(2)(A),
(C), title VIII, Sec. 801, title X, Secs. 1001(g)(1), 1002(h), Oct.
21, 1986, 100 Stat. 1810, 1837, 1843, 1844; Pub. L. 100-630, title
II, Sec. 208(a), Nov. 7, 1988, 102 Stat. 3314, provided eligibility
requirements and definition of "comprehensive services for
independent living", prior to repeal by Pub. L. 102-569, Sec.
701(1).
This section is referred to in section 3011 of this title.
Sec. 796b. Eligibility for receipt of services
Services may be provided under this part to any individual with a
significant disability, as defined in section 705(21)(B) of this
A prior section 796b, Pub. L. 93-112, title VII, Sec. 703, as
Stat. 4444, related to eligibility for receipt of services, prior
to the general amendment of this subchapter by Pub. L. 105-220.
Another prior section 796b, Pub. L. 93-112, title VII, Sec. 703,
Stat. 2996; amended Pub. L. 99-506, title X, Sec. 1001(g)(2), Oct.
21, 1986, 100 Stat. 1843; Pub. L. 100-630, title II, Sec. 208(b),
Nov. 7, 1988, 102 Stat. 3314, related to State allotments for
comprehensive services for independent living, prior to repeal by
Pub. L. 102-569, Sec. 701(1).
Sec. 796c. State plan
(1) Requirement
To be eligible to receive financial assistance under this part,
a State shall submit to the Commissioner, and obtain approval of,
a State plan containing such provisions as the Commissioner may
require, including, at a minimum, the provisions required in this
(2) Joint development
The plan under paragraph (1) shall be jointly developed and
signed by -
(A) the director of the designated State unit; and
(B) the chairperson of the Statewide Independent Living
Council, acting on behalf of and at the direction of the
(3) Periodic review and revision
The plan shall provide for the review and revision of the plan,
not less than once every 3 years, to ensure the existence of
appropriate planning, financial support and coordination, and
other assistance to appropriately address, on a statewide and
comprehensive basis, needs in the State for -
(A) the provision of State independent living services;
(B) the development and support of a statewide network of
centers for independent living; and
(C) working relationships between -
(i) programs providing independent living services and
independent living centers; and
(ii) the vocational rehabilitation program established
under subchapter I of this chapter, and other programs
providing services for individuals with disabilities.
(4) Date of submission
The State shall submit the plan to the Commissioner 90 days
before the completion date of the preceding plan. If a State
fails to submit such a plan that complies with the requirements
of this section, the Commissioner may withhold financial
assistance under this part until such time as the State submits
such a plan.
(b) Statewide Independent Living Council
The plan shall provide for the establishment of a Statewide
Independent Living Council in accordance with section 796d of this
(c) Designation of State unit
The plan shall designate the designated State unit of such State
as the agency that, on behalf of the State, shall -
(1) receive, account for, and disburse funds received by the
State under this part based on the plan;
(2) provide administrative support services for a program under
subpart 2, and a program under subpart 3 in a case in which the
program is administered by the State under section 796f-2 of this
(3) keep such records and afford such access to such records as
the Commissioner finds to be necessary with respect to the
programs; and
(4) submit such additional information or provide such
assurances as the Commissioner may require with respect to the
(d) Objectives
The plan shall -
(1) specify the objectives to be achieved under the plan and
establish timelines for the achievement of the objectives; and
(2) explain how such objectives are consistent with and further
the purpose of this part.
(e) Independent living services
The plan shall provide that the State will provide independent
living services under this part to individuals with significant
disabilities, and will provide the services to such an individual
in accordance with an independent living plan mutually agreed upon
by an appropriate staff member of the service provider and the
individual, unless the individual signs a waiver stating that such
a plan is unnecessary.
(f) Scope and arrangements
The plan shall describe the extent and scope of independent
living services to be provided under this part to meet such
objectives. If the State makes arrangements, by grant or contract,
for providing such services, such arrangements shall be described
in the plan.
(g) Network
The plan shall set forth a design for the establishment of a
statewide network of centers for independent living that comply
with the standards and assurances set forth in section 796f-4 of
(h) Centers
In States in which State funding for centers for independent
living equals or exceeds the amount of funds allotted to the State
under subpart 3, as provided in section 796f-2 of this title, the
plan shall include policies, practices, and procedures governing
the awarding of grants to centers for independent living and
oversight of such centers consistent with section 796f-2 of this
(i) Cooperation, coordination, and working relationships among
various entities
The plan shall set forth the steps that will be taken to maximize
the cooperation, coordination, and working relationships among -
(1) the independent living rehabilitation service program, the
Statewide Independent Living Council, and centers for independent
living; and
(2) the designated State unit, other State agencies represented
on such Council, other councils that address the needs of
specific disability populations and issues, and other public and
private entities determined to be appropriate by the Council.
(j) Coordination of services
The plan shall describe how services funded under this part will
be coordinated with, and complement, other services, in order to
avoid unnecessary duplication with other Federal, State, and local
(k) Coordination between Federal and State sources
The plan shall describe efforts to coordinate Federal and State
funding for centers for independent living and independent living
(g742l) Outreach
With respect to services and centers funded under this part, the
plan shall set forth steps to be taken regarding outreach to
populations that are unserved or underserved by programs under this
subchapter, including minority groups and urban and rural
populations.
(m) Requirements
The plan shall provide satisfactory assurances that all
recipients of financial assistance under this part will -
(1) notify all individuals seeking or receiving services under
this part about the availability of the client assistance program
under section 732 of this title, the purposes of the services
provided under such program, and how to contact such program;
(2) take affirmative action to employ and advance in employment
qualified individuals with disabilities on the same terms and
conditions required with respect to the employment of such
individuals under the provisions of section 793 of this title;
(3) adopt such fiscal control and fund accounting procedures as
may be necessary to ensure the proper disbursement of and
accounting for funds paid to the State under this part;
(4)(A) maintain records that fully disclose -
(i) the amount and disposition by such recipient of the
proceeds of such financial assistance;
(ii) the total cost of the project or undertaking in
connection with which such financial assistance is given or
used; and
(iii) the amount of that portion of the cost of the project
or undertaking supplied by other sources;
(B) maintain such other records as the Commissioner determines
to be appropriate to facilitate an effective audit;
(C) afford such access to records maintained under
subparagraphs (A) and (B) as the Commissioner determines to be
(D) submit such reports with respect to such records as the
Commissioner determines to be appropriate;
(5) provide access to the Commissioner and the Comptroller
General or any of their duly authorized representatives, for the
purpose of conducting audits and examinations, of any books,
documents, papers, and records of the recipients that are
pertinent to the financial assistance received under this part;
(6) provide for public hearings regarding the contents of the
plan during both the formulation and review of the plan.
(n) Evaluation
The plan shall establish a method for the periodic evaluation of
the effectiveness of the plan in meeting the objectives established
in subsection (d) of this section, including evaluation of
satisfaction by individuals with disabilities.
A prior section 796c, Pub. L. 93-112, title VII, Sec. 704, as
Stat. 4444; amended Pub. L. 103-73, title I, Sec. 114(b), Aug. 11,
1993, 107 Stat. 728, related to State plans, prior to the general
Another prior section 796c, Pub. L. 93-112, title VII, Sec. 704,
Stat. 2997; amended Pub. L. 100-630, title II, Sec. 208(c), Nov. 7,
1988, 102 Stat. 3314, related to payments to States from allotments
to pay Federal share of expenditures, prior to repeal by Pub. L.
102-569, Sec. 701(1).
This section is referred to in sections 764, 796d, 796d-1,
796f-1, 796f-2, 796f-4, 796k of this title.
Sec. 796d. Statewide Independent Living Council
each State shall establish a Statewide Independent Living Council
(referred to in this section as the "Council"). The Council shall
not be established as an entity within a State agency.
(b) Composition and appointment
(1) Appointment
Members of the Council shall be appointed by the Governor or,
in the case of a State that, under State law, vests authority for
the administration of the activities carried out under this
chapter in an entity other than the Governor (such as one or more
houses of the State legislature or an independent board), the
chief officer of that entity. The appointing authority shall
select members after soliciting recommendations from
representatives of organizations representing a broad range of
individuals with disabilities and organizations interested in
(2) Composition
The Council shall include -
(A) at least one director of a center for independent living
chosen by the directors of centers for independent living
within the State;
(B) as ex officio, nonvoting members -
(i) a representative from the designated State unit; and
(ii) representatives from other State agencies that provide
services for individuals with disabilities; and
(C) in a State in which one or more projects are carried out
under section 741 of this title, at least one representative of
the directors of the projects.
(3) Additional members
The Council may include -
(A) other representatives from centers for independent
living;
(B) parents and guardians of individuals with disabilities;
(C) advocates of and for individuals with disabilities;
(D) representatives from private businesses;
(E) representatives from organizations that provide services
for individuals with disabilities; and
(F) other appropriate individuals.
(4) Qualifications
The Council shall be composed of members -
(i) who provide statewide representation;
(ii) who represent a broad range of individuals with
disabilities from diverse backgrounds;
(iii) who are knowledgeable about centers for independent
living and independent living services; and
(iv) a majority of whom are persons who are -
(I) individuals with disabilities described in section
705(20)(B) of this title; and
(II) not employed by any State agency or center for
(B) Voting members
A majority of the voting members of the Council shall be -
(5) Chairperson
Except as provided in subparagraph (B), the Council shall
select a chairperson from among the voting membership of the
(B) Designation by chief executive officer
In States in which the Governor does not have veto power
pursuant to State law, the appointing authority described in
paragraph (3) shall designate a voting member of the Council to
serve as the chairperson of the Council or shall require the
Council to so designate such a voting member.
(6) Terms of appointment
(A) Length of term
Each member of the Council shall serve for a term of 3 years,
except that -
(i) a member appointed to fill a vacancy occurring prior to
the expiration of the term for which a predecessor was
appointed, shall be appointed for the remainder of such term;
(ii) the terms of service of the members initially
appointed shall be (as specified by the appointing authority
described in paragraph (3)) for such fewer number of years as
will provide for the expiration of terms on a staggered
(B) Number of terms
No member of the Council may serve more than two consecutive
full terms.
(7) Vacancies
Except as provided in subparagraph (B), any vacancy occurring
in the membership of the Council shall be filled in the same
manner as the original appointment. The vacancy shall not
affect the power of the remaining members to execute the duties
of the Council.
(B) Delegation
The appointing authority described in paragraph (3) may
delegate the authority to fill such a vacancy to the remaining
voting members of the Council after making the original
appointment.
(c) Duties
(1) jointly develop and sign (in conjunction with the
designated State unit) the State plan required in section 796c of
this title;
(2) monitor, review, and evaluate the implementation of the
State plan;
(3) coordinate activities with the State Rehabilitation Council
established under section 725 of this title, if the State has
such a Council, or the commission described in section
721(a)(21)(A) of this title, if the State has such a commission,
and councils that address the needs of specific disability
populations and issues under other Federal law;
(4) ensure that all regularly scheduled meetings of the
Statewide Independent Living Council are open to the public and
sufficient advance notice is provided; and
(5) submit to the Commissioner such periodic reports as the
Commissioner may reasonably request, and keep such records, and
afford such access to such records, as the Commissioner finds
necessary to verify such reports.
(d) Hearings and forums
The Council is authorized to hold such hearings and forums as the
Council may determine to be necessary to carry out the duties of
the Council.
(e) Plan
(1) In general
The Council shall prepare, in conjunction with the designated
State unit, a plan for the provision of such resources, including
such staff and personnel, as may be necessary and sufficient to
carry out the functions of the Council under this section, with
funds made available under this part, and under section 730 of
this title (consistent with section 721(a)(18) of this title),
and from other public and private sources. The resource plan
shall, to the maximum extent possible, rely on the use of
resources in existence during the period of implementation of the
(2) Supervision and evaluation
Each Council shall, consistent with State law, supervise and
evaluate such staff and other personnel as may be necessary to
carry out the functions of the Council under this section.
(3) Conflict of interest
While assisting the Council in carrying out its duties, staff
and other personnel shall not be assigned duties by the
designated State agency or any other agency or office of the
State, that would create a conflict of interest.
(f) Compensation and expenses
The Council may use such resources to reimburse members of the
Council for reasonable and necessary expenses of attending Council
meetings and performing Council duties (including child care and
personal assistance services), and to pay compensation to a member
of the Council, if such member is not employed or must forfeit
wages from other employment, for each day the member is engaged in
performing Council duties.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 402(c)(7)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-416.)
A prior section 796d, Pub. L. 93-112, title VII, Sec. 705, as
Stat. 4446; amended Pub. L. 103-73, title I, Sec. 114(c), Aug. 11,
1993, 107 Stat. 728, related to Statewide Independent Living
Councils, prior to the general amendment of this subchapter by Pub.
L. 105-220.
Another prior section 796d, Pub. L. 93-112, title VII, Sec. 705,
Stat. 2997; amended Pub. L. 99-506, title I, Sec. 103(d)(2)(B),
(C), (h)(2), title VIII, Sec. 802, title X, Sec. 1001(g)(3), Oct.
II, Sec. 208(d), Nov. 7, 1988, 102 Stat. 3314; Pub. L. 102-119,
Sec. 26(e), Oct. 7, 1991, 105 Stat. 607, related to State plans for
providing comprehensive services for independent living, prior to
repeal by Pub. L. 102-569, Sec. 701(1).
1998 - Subsec. (b)(1). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 402(c)(7)(A)], in first sentence, substituted "by the Governor
or, in the case of a State that, under State law, vests authority
for the administration of the activities carried out under this
houses of the State legislature or an independent board), the chief
officer of that entity" for "by the Governor" and, in second
sentence, substituted "The appointing authority" for "The
Governor".
Subsec. (b)(5)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
402(c)(7)(B)], substituted "chief executive officer" for "Governor"
in heading and "appointing authority described in paragraph (3)
shall" for "Governor shall" in text.
Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105-277, Sec. 101(f)
[title VIII, Sec. 402(c)(7)(C)], substituted "appointing authority
described in paragraph (3)" for "Governor".
This section is referred to in sections 721, 725, 796, 796c,
796e-2 of this title.
29 USC Sec. 796d-1 01/06/03
Sec. 796d-1. Responsibilities of Commissioner
(a) Approval of State plans
The Commissioner shall approve any State plan submitted under
section 796c of this title that the Commissioner determines meets
the requirements of section 796c of this title, and shall
disapprove any such plan that does not meet such requirements, as
soon as practicable after receiving the plan. Prior to such
disapproval, the Commissioner shall notify the State of the
intention to disapprove the plan, and shall afford such State
reasonable notice and opportunity for a hearing.
(2) Procedures
Except as provided in subparagraph (B), the provisions of
subsections (c) and (d) of section 727 of this title shall
apply to any State plan submitted to the Commissioner under
section 796c of this title.
For purposes of the application described in subparagraph
(A), all references in such provisions -
(i) to the Secretary shall be deemed to be references to
the Commissioner; and
(ii) to section 721 of this title shall be deemed to be
references to section 796c of this title.
(b) Indicators
Not later than October 1, 1993, the Commissioner shall develop
and publish in the Federal Register indicators of minimum
compliance consistent with the standards set forth in section
(c) Onsite compliance reviews
The Commissioner shall annually conduct onsite compliance
reviews of at least 15 percent of the centers for independent
living that receive funds under section 796f-1 of this title and
shall periodically conduct such a review of each such center. The
Commissioner shall annually conduct onsite compliance reviews of
at least one-third of the designated State units that receive
funding under section 796f-2 of this title, and, to the extent
necessary to determine the compliance of such a State unit with
subsections (f) and (g) of section 796f-2 of this title, centers
that receive funding under section 796f-2 of this title in such
State. The Commissioner shall select the centers and State units
described in this paragraph for review on a random basis.
(2) Qualifications of employees conducting reviews
The Commissioner shall -
(A) to the maximum extent practicable, carry out such a
review by using employees of the Department who are
knowledgeable about the provision of independent living
(B) ensure that the employee of the Department with
responsibility for supervising such a review shall have such
knowledge; and
(C) ensure that at least one member of a team conducting such
a review shall be an individual who -
(i) is not a government employee; and
(ii) has experience in the operation of centers for
The Commissioner shall include, in the annual report required
under section 710 of this title, information on the extent to which
centers for independent living receiving funds under subpart 3 have
complied with the standards and assurances set forth in section
796f-4 of this title. The Commissioner may identify individual
centers for independent living in the analysis. The Commissioner
individual centers for independent living and other recipients of
assistance under this part.
A prior section 796d-1, Pub. L. 93-112, title VII, Sec. 706, as
Stat. 4448; amended Pub. L. 103-73, title I, Sec. 114(d), Aug. 11,
1993, 107 Stat. 729, related to responsibilities of Commissioner,
Another prior section 796d-1, Pub. L. 93-112, title VII, Sec.
706, as added Pub. L. 99-506, title VIII, Sec. 803(a), Oct. 21,
1986, 100 Stat. 1837; amended Pub. L. 100-630, title II, Sec.
208(e), Nov. 7, 1988, 102 Stat. 3314, provided for a State
Independent Living Council, prior to repeal by Pub. L. 102-569,
Sec. 701(1).
This section is referred to in sections 796e, 796e-1, 796f of
29 USC subpart 2 - independent living services 01/06/03
subpart 2 - independent living services
SUBPART REFERRED TO IN OTHER SECTIONS
This subpart is referred to in sections 716, 796c, 796f-1, 796f-2
of this title.
Sec. 796e. Allotments
Except as provided in subparagraphs (B) and (C), from sums
appropriated for each fiscal year to carry out this subpart,
the Commissioner shall make an allotment to each State whose
State plan has been approved under section 796d-1 of this title
of an amount bearing the same ratio to such sums as the
population of the State bears to the population of all States.
(B) Maintenance of 1992 amounts
this subpart, the amount of any allotment made under
subparagraph (A) to a State for a fiscal year shall not be less
than the amount of an allotment made to the State for fiscal
year 1992 under part A of this subchapter, as in effect on the
day before October 29, 1992.
(C) Minimums
this subpart, and except as provided in subparagraph (B), the
allotment to any State under subparagraph (A) shall be not less
than $275,000 or 1/3 of 1 percent of the sums made available
for the fiscal year for which the allotment is made, whichever
is greater, and the allotment of any State under this section
for any fiscal year that is less than $275,000 or 1/3 of 1
percent of such sums shall be increased to the greater of the
two amounts.
For the purposes of paragraph (1)(C), Guam, American Samoa,
allotted under paragraph (1)(A) not less than 1/8 of 1
percent of the amounts made available for purposes of this
subpart for the fiscal year for which the allotment is made.
the total amount appropriated to carry out this subpart exceeds
the total amount appropriated to carry out this subpart for the
preceding fiscal year, the Commissioner shall increase the
minimum allotment under paragraph (1)(C) by a percentage that
shall not exceed the percentage increase in the total amount
appropriated to carry out this subpart between the preceding
fiscal year and the fiscal year involved.
(b) Proportional reduction
To provide allotments to States in accordance with subsection
(a)(1)(B) of this section, to provide minimum allotments to States
(as increased under subsection (a)(3) of this section) under
subsection (a)(1)(C) of this section, or to provide minimum
allotments to States under subsection (a)(2)(B) of this section,
the Commissioner shall proportionately reduce the allotments of the
remaining States under subsection (a)(1)(A) of this section, with
such adjustments as may be necessary to prevent the allotment of
any such remaining State from being reduced to less than the amount
required by subsection (a)(1)(B) of this section.
(c) Reallotment
such State in carrying out the provisions of this subpart, the
provisions of this subpart to one or more of the States that the
Part A of this subchapter, as in effect on the day before October
29, 1992, referred to in subsec. (a)(1)(B), means former part A
(Sec. 796 et seq.) which was included in the repeal of subchapter
VII of this chapter by Pub. L. 102-569, title VII, Sec. 701(1),
Oct. 29, 1992, 106 Stat. 4443.
A prior section 796e, Pub. L. 93-112, title VII, Sec. 711, as
Stat. 4450; amended Pub. L. 103-73, title I, Sec. 114(e), Aug. 11,
1993, 107 Stat. 729, related to allotments to provide independent
living services, prior to the general amendment of this subchapter
Another prior section 796e, Pub. L. 93-112, title VII, Sec. 711,
Stat. 2998; amended Pub. L. 98-221, title I, Sec. 171, Feb. 22,
1984, 98 Stat. 30; Pub. L. 99-506, title I, Sec. 103(d)(2)(C),
title VIII, Secs. 804(a)(1), (b), (c), 805, Oct. 21, 1986, 100
Stat. 1810, 1838, 1839; Pub. L. 100-630, title II, Sec. 208(f),
Nov. 7, 1988, 102 Stat. 3314, related to establishment and
operation of independent living centers, prior to repeal by Pub. L.
This section is referred to in section 796e-1 of this title.
29 USC Sec. 796e-1 01/06/03
Sec. 796e-1. Payments to States from allotments
(a) Payments
From the allotment of each State for a fiscal year under section
796e of this title, the State shall be paid the Federal share of
the expenditures incurred during such year under its State plan
approved under section 796d-1 of this title. Such payments may be
made (after necessary adjustments on account of previously made
overpayments or underpayments) in advance or by way of
reimbursement, and in such installments and on such conditions as
the Commissioner may determine.
The Federal share with respect to any State for any fiscal year
shall be 90 percent of the expenditures incurred by the State
during such year under its State plan approved under section
796d-1 of this title.
(2) Non-Federal share
The non-Federal share of the cost of any project that receives
assistance through an allotment under this subpart may be
provided in cash or in kind, fairly evaluated, including plant,
equipment, or services.
A prior section 796e-1, Pub. L. 93-112, title VII, Sec. 712, as
Stat. 4451; amended Pub. L. 103-73, title I, Sec. 114(f), Aug. 11,
1993, 107 Stat. 730, related to payments to States from allotments,
Sec. 796e-2. Authorized uses of funds
The State may use funds received under this subpart to provide
the resources described in section 796d(e) of this title, relating
to the Statewide Independent Living Council, and may use funds
received under this subpart -
(1) to provide independent living services to individuals with
significant disabilities;
(2) to demonstrate ways to expand and improve independent
living services;
(3) to support the operation of centers for independent living
that are in compliance with the standards and assurances set
forth in subsections (b) and (c) of section 796f-4 of this title;
(4) to support activities to increase the capacities of public
or nonprofit agencies and organizations and other entities to
develop comprehensive approaches or systems for providing
independent living services;
(5) to conduct studies and analyses, gather information,
develop model policies and procedures, and present information,
approaches, strategies, findings, conclusions, and
recommendations to Federal, State, and local policymakers in
order to enhance independent living services for individuals with
(6) to train individuals with disabilities and individuals
providing services to individuals with disabilities and other
persons regarding the independent living philosophy; and
(7) to provide outreach to populations that are unserved or
underserved by programs under this subchapter, including minority
groups and urban and rural populations.
Stat. 4451; amended Pub. L. 103-73, title I, Sec. 114(g), Aug. 11,
1993, 107 Stat. 730, related to authorized uses of funds, prior to
the general amendment of this subchapter by Pub. L. 105-220.
Sec. 796e-3. Authorization of appropriations
There are authorized to be appropriated to carry out this subpart
Stat. 4452, authorized appropriations, prior to the general
29 USC subpart 3 - centers for independent living 01/06/03
subpart 3 - centers for independent living
This subpart is referred to in sections 716, 721, 796c, 796d-1 of
29 USC Sec. 796f 01/06/03
Sec. 796f. Program authorization
From the funds appropriated for fiscal year 1999 and for each
subsequent fiscal year to carry out this subpart, the Commissioner
shall allot such sums as may be necessary to States and other
entities in accordance with subsections (b) through (d) of this
(b) Training
(1) Grants; contracts; other arrangements
For any fiscal year in which the funds appropriated to carry
out this subpart exceed the funds appropriated to carry out this
subpart for fiscal year 1993, the Commissioner shall first
reserve from such excess, to provide training and technical
assistance to eligible agencies, centers for independent living,
and Statewide Independent Living Councils for such fiscal year,
not less than 1.8 percent, and not more than 2 percent, of the
funds appropriated to carry out this subpart for the fiscal year
(2) Allocation
From the funds reserved under paragraph (1), the Commissioner
shall make grants to, and enter into contracts and other
arrangements with, entities that have experience in the operation
of centers for independent living to provide such training and
technical assistance with respect to planning, developing,
conducting, administering, and evaluating centers for independent
(3) Funding priorities
The Commissioner shall conduct a survey of Statewide
Independent Living Councils and centers for independent living
regarding training and technical assistance needs in order to
determine funding priorities for such grants, contracts, and
other arrangements.
To be eligible to receive a grant or enter into a contract or
other arrangement under this subsection, such an entity shall
submit an application to the Commissioner at such time, in such
manner, and containing a proposal to provide such training and
technical assistance, and containing such additional information
as the Commissioner may require. The Commissioner shall provide
for peer review of grant applications by panels that include
persons who are not government employees and who have experience
in the operation of centers for independent living.
(5) Prohibition on combined funds
No funds reserved by the Commissioner under this subsection may
be combined with funds appropriated under any other Act or part
of this chapter if the purpose of combining funds is to make a
single discretionary grant or a single discretionary payment,
unless such funds appropriated under this part are separately
identified in such grant or payment and are used for the purposes
of this part.
(c) In general
After the reservation required by subsection (b) of this
section has been made, and except as provided in subparagraphs
(B) and (C), from the remainder of the amounts appropriated for
each such fiscal year to carry out this subpart, the
Commissioner shall make an allotment to each State whose State
plan has been approved under section 796d-1 of this title of an
amount bearing the same ratio to such remainder as the
than the amount of financial assistance received by centers for
independent living in the State for fiscal year 1992 under part
B of this subchapter, as in effect on the day before October
this subpart and except as provided in subparagraph (B), for a
fiscal year in which the amounts appropriated to carry out this
subpart exceed the amounts appropriated for fiscal year 1992 to
carry out part B of this subchapter, as in effect on the day
before October 29, 1992 -
(i) if such excess is not less than $8,000,000, the
allotment to any State under subparagraph (A) shall be not
less than $450,000 or 1/3 of 1 percent of the sums made
available for the fiscal year for which the allotment is
made, whichever is greater, and the allotment of any State
under this section for any fiscal year that is less than
$450,000 or 1/3 of 1 percent of such sums shall be
increased to the greater of the 2 amounts;
(ii) if such excess is not less than $4,000,000 and is less
than $8,000,000, the allotment to any State under
subparagraph (A) shall be not less than $400,000 or 1/3 of
1 percent of the sums made available for the fiscal year for
which the allotment is made, whichever is greater, and the
allotment of any State under this section for any fiscal year
that is less than $400,000 or 1/3 of 1 percent of such sums
shall be increased to the greater of the 2 amounts; and
(iii) if such excess is less than $4,000,000, the allotment
to any State under subparagraph (A) shall approach, as nearly
as possible, the greater of the 2 amounts described in clause
(ii).
percent of the remainder for the fiscal year for which the
allotment is made.
(4) Proportional reduction
To provide allotments to States in accordance with paragraph
(1)(B), to provide minimum allotments to States (as increased
under paragraph (3)) under paragraph (1)(C), or to provide
minimum allotments to States under paragraph (2)(B), the
remaining States under paragraph (1)(A), with such adjustments as
may be necessary to prevent the allotment of any such remaining
State from being reduced to less than the amount required by
paragraph (1)(B).
(d) Reallotment
such State for carrying out the provisions of this subpart, the
Part B of this subchapter, as in effect on the day before October
29, 1992, referred to in subsec. (c)(1)(B), (C), means former part
B (Sec. 796e) which was included in the repeal of subchapter VII of
this chapter by Pub. L. 102-569, title VII, Sec. 701(1), Oct. 29,
1992, 106 Stat. 4443.
A prior section 796f, Pub. L. 93-112, title VII, Sec. 721, as
Stat. 4452; amended Pub. L. 103-73, title I, Sec. 114(h), Aug. 11,
1993, 107 Stat. 730, authorized program to assist centers for
independent living, prior to the general amendment of this
Another prior section 796f, Pub. L. 93-112, title VII, Sec. 721,
21, 1986, 100 Stat. 1843; Pub. L. 100-630, title II, Sec. 208(g),
Nov. 7, 1988, 102 Stat. 3314, related to establishment of
independent living service programs for older blind individuals,
prior to repeal by Pub. L. 102-569, Sec. 701(1).
This section is referred to in sections 796f-1, 796f-2 of this
29 USC Sec. 796f-1 01/06/03
Sec. 796f-1. Grants to centers for independent living in States in
which Federal funding exceeds State funding
Unless the director of a designated State unit awards grants
under section 796f-2 of this title to eligible agencies in a
State for a fiscal year, the Commissioner shall award grants
under this section to such eligible agencies for such fiscal year
from the amount of funds allotted to the State under subsection
(c) or (d) of section 796f of this title for such year.
The Commissioner shall award such grants, from the amount of
funds so allotted, to such eligible agencies for the planning,
conduct, administration, and evaluation of centers for
independent living that comply with the standards and assurances
set forth in section 796f-4 of this title.
(b) Eligible agencies
In any State in which the Commissioner has approved the State
plan required by section 796c of this title, the Commissioner may
make a grant under this section to any eligible agency that -
(1) has the power and authority to carry out the purpose of
this subpart and perform the functions set forth in section
796f-4 of this title within a community and to receive and
administer funds under this subpart, funds and contributions from
private or public sources that may be used in support of a center
for independent living, and funds from other public and private
(2) is determined by the Commissioner to be able to plan,
conduct, administer, and evaluate a center for independent living
consistent with the standards and assurances set forth in section
796f-4 of this title; and
(3) submits an application to the Commissioner at such time, in
such manner, and containing such information as the Commissioner
may require.
(c) Existing eligible agencies
In the administration of the provisions of this section, the
Commissioner shall award grants to any eligible agency that has
been awarded a grant under this subpart by September 30, 1997,
unless the Commissioner makes a finding that the agency involved
fails to meet program and fiscal standards and assurances set forth
in section 796f-4 of this title.
(d) New centers for independent living
If there is no center for independent living serving a region
of the State or a region is underserved, and the increase in the
allotment of the State is sufficient to support an additional
center for independent living in the State, the Commissioner may
award a grant under this section to the most qualified applicant
proposing to serve such region, consistent with the provisions in
the State plan setting forth the design of the State for
establishing a statewide network of centers for independent
(2) Selection
In selecting from among applicants for a grant under this
section for a new center for independent living, the Commissioner
(A) shall consider comments regarding the application, if
any, by the Statewide Independent Living Council in the State
in which the applicant is located;
(B) shall consider the ability of each such applicant to
operate a center for independent living based on -
(i) evidence of the need for such a center;
(ii) any past performance of such applicant in providing
services comparable to independent living services;
(iii) the plan for satisfying or demonstrated success in
satisfying the standards and the assurances set forth in
section 796f-4 of this title;
(iv) the quality of key personnel and the involvement of
individuals with significant disabilities;
(v) budgets and cost-effectiveness;
(vi) an evaluation plan; and
(vii) the ability of such applicant to carry out the plans;
(C) shall give priority to applications from applicants
proposing to serve geographic areas within each State that are
currently unserved or underserved by independent living
programs, consistent with the provisions of the State plan
submitted under section 796c of this title regarding
establishment of a statewide network of centers for independent
(3) Current centers
Notwithstanding paragraphs (1) and (2), a center for
independent living that receives assistance under subpart 2 for a
fiscal year shall be eligible for a grant for the subsequent
fiscal year under this subsection.
(e) Order of priorities
The Commissioner shall be guided by the following order of
priorities in allocating funds among centers for independent living
within a State, to the extent funds are available:
(1) The Commissioner shall support existing centers for
independent living, as described in subsection (c) of this
section, that comply with the standards and assurances set forth
in section 796f-4 of this title, at the level of funding for the
previous year.
(2) The Commissioner shall provide for a cost-of-living
increase for such existing centers for independent living.
(3) The Commissioner shall fund new centers for independent
living, as described in subsection (d) of this section, that
comply with the standards and assurances set forth in section
(f) Nonresidential agencies
A center that provides or manages residential housing after
October 1, 1994, shall not be considered to be an eligible agency
under this section.
(g) Review
The Commissioner shall periodically review each center
receiving funds under this section to determine whether such
center is in compliance with the standards and assurances set
forth in section 796f-4 of this title. If the Commissioner
determines that any center receiving funds under this section is
not in compliance with the standards and assurances set forth in
section 796f-4 of this title, the Commissioner shall immediately
notify such center that it is out of compliance.
(2) Enforcement
The Commissioner shall terminate all funds under this section
to such center 90 days after the date of such notification unless
the center submits a plan to achieve compliance within 90 days of
such notification and such plan is approved by the Commissioner.
This subpart, referred to in subsec. (c), means subpart 3 (Sec.
796f et seq.) of part A of this subchapter, prior to the general
amendment of this subchapter by Pub. L. 105-220, title IV, Sec.
410, Aug. 7, 1998, 112 Stat. 1217.
A prior section 796f-1, Pub. L. 93-112, title VII, Sec. 722, as
Stat. 4456; amended Pub. L. 103-73, title I, Sec. 114(i), Aug. 11,
1993, 107 Stat. 731, related to grants to centers for independent
living in States in which Federal funding exceeds State funding,
This section is referred to in sections 796d-1, 796f-2, 796f-3 of
which State funding equals or exceeds Federal funding
(A) Initial year
(i) Determination
The director of a designated State unit, as provided in
paragraph (2), or the Commissioner, as provided in paragraph
(3), shall award grants under this section for an initial
fiscal year if the Commissioner determines that the amount of
State funds that were earmarked by a State for a preceding
fiscal year to support the general operation of centers for
independent living meeting the requirements of this subpart
equaled or exceeded the amount of funds allotted to the State
under subsection (c) or (d) of section 796f of this title for
such year.
(ii) Grants
The director or the Commissioner, as appropriate, shall
award such grants, from the amount of funds so allotted for
the initial fiscal year, to eligible agencies in the State
for the planning, conduct, administration, and evaluation of
centers for independent living that comply with the standards
and assurances set forth in section 796f-4 of this title.
(iii) Regulation
The Commissioner shall by regulation specify the preceding
fiscal year with respect to which the Commissioner will make
the determinations described in clause (i) and subparagraph
(B), making such adjustments as may be necessary to
accommodate State funding cycles such as 2-year funding
cycles or State fiscal years that do not coincide with the
Federal fiscal year.
(B) Subsequent years
For each year subsequent to the initial fiscal year described
in subparagraph (A), the director of the designated State unit
shall continue to have the authority to award such grants under
this section if the Commissioner determines that the State
continues to earmark the amount of State funds described in
subparagraph (A)(i). If the State does not continue to earmark
such an amount for a fiscal year, the State shall be ineligible
to make grants under this section after a final year following
such fiscal year, as defined in accordance with regulations
established by the Commissioner, and for each subsequent fiscal
(2) Grants by designated State units
In order for the designated State unit to be eligible to award
the grants described in paragraph (1) and carry out this section
for a fiscal year with respect to a State, the designated State
agency shall submit an application to the Commissioner at such
time, and in such manner as the Commissioner may require,
including information about the amount of State funds described
in paragraph (1) for the preceding fiscal year. If the
Commissioner makes a determination described in subparagraph
(A)(i) or (B), as appropriate, of paragraph (1), the Commissioner
shall approve the application and designate the director of the
designated State unit to award the grant and carry out this
(3) Grants by Commissioner
If the designated State agency of a State described in
paragraph (1) does not submit and obtain approval of an
application under paragraph (2), the Commissioner shall award the
grant described in paragraph (1) to eligible agencies in the
State in accordance with section 796f-1 of this title.
plan required by section 796c of this title, the director of the
designated State unit may award a grant under this section to any
eligible agency that -
(2) is determined by the director to be able to plan, conduct,
administer, and evaluate a center for independent living,
(3) submits an application to the director at such time, in
such manner, and containing such information as the head of the
designated State unit may require.
director of the designated State unit shall award grants under this
section to any eligible agency that has been awarded a grant under
this subpart by September 30, 1997, unless the director makes a
finding that the agency involved fails to comply with the standards
of the State or the region is unserved or underserved, and the
increase in the allotment of the State is sufficient to support
an additional center for independent living in the State, the
director of the designated State unit may award a grant under
this section from among eligible agencies, consistent with the
provisions of the State plan under section 796c of this title
setting forth the design of the State for establishing a
statewide network of centers for independent living.
In selecting from among eligible agencies in awarding a grant
under this subpart for a new center for independent living -
(A) the director of the designated State unit and the
chairperson of, or other individual designated by, the
Statewide Independent Living Council acting on behalf of and at
the direction of the Council, shall jointly appoint a peer
review committee that shall rank applications in accordance
with the standards and assurances set forth in section 796f-4
of this title and criteria jointly established by such director
and such chairperson or individual;
(B) the peer review committee shall consider the ability of
each such applicant to operate a center for independent living,
and shall recommend an applicant to receive a grant under this
section, based on -
(i) evidence of the need for a center for independent
living, consistent with the State plan;
(iii) the plan for complying with, or demonstrated success
in complying with, the standards and the assurances set forth
in section 796f-4 of this title;
(iv) the quality of key personnel of the applicant and the
involvement of individuals with significant disabilities by
the applicant;
(v) the budgets and cost-effectiveness of the applicant;
(vi) the evaluation plan of the applicant; and
(C) the director of the designated State unit shall award the
grant on the basis of the recommendations of the peer review
committee if the actions of the committee are consistent with
Federal and State law.
Unless the director of the designated State unit and the
chairperson of the Council or other individual designated by the
Council acting on behalf of and at the direction of the Council
jointly agree on another order of priority, the director shall be
guided by the following order of priorities in allocating funds
among centers for independent living within a State, to the extent
funds are available:
(1) The director of the designated State unit shall support
existing centers for independent living, as described in
subsection (c) of this section, that comply with the standards
and assurances set forth in section 796f-4 of this title, at the
level of funding for the previous year.
(2) The director of the designated State unit shall provide for
a cost-of-living increase for such existing centers for
(3) The director of the designated State unit shall fund new
centers for independent living, as described in subsection (d) of
this section, that comply with the standards and assurances set
forth in section 796f-4 of this title.
The director of the designated State unit shall periodically
review each center receiving funds under this section to
determine whether such center is in compliance with the standards
and assurances set forth in section 796f-4 of this title. If the
director of the designated State unit determines that any center
receiving funds under this section is not in compliance with the
standards and assurances set forth in section 796f-4 of this
title, the director of the designated State unit shall
immediately notify such center that it is out of compliance.
The director of the designated State unit shall terminate all
funds under this section to such center 90 days after -
(A) the date of such notification; or
(B) in the case of a center that requests an appeal under
subsection (i) of this section, the date of any final decision
under subsection (i) of this section,
unless the center submits a plan to achieve compliance within 90
days and such plan is approved by the director, or if appealed,
by the Commissioner.
(h) Onsite compliance review
The director of the designated State unit shall annually conduct
onsite compliance reviews of at least 15 percent of the centers for
independent living that receive funding under this section in the
State. Each team that conducts onsite compliance review of centers
for independent living shall include at least one person who is not
an employee of the designated State agency, who has experience in
the operation of centers for independent living, and who is jointly
selected by the director of the designated State unit and the
chairperson of or other individual designated by the Council acting
on behalf of and at the direction of the Council. A copy of this
review shall be provided to the Commissioner.
(i) Adverse actions
If the director of the designated State unit proposes to take a
significant adverse action against a center for independent living,
the center may seek mediation and conciliation to be provided by an
individual or individuals who are free of conflicts of interest
identified by the chairperson of or other individual designated by
the Council. If the issue is not resolved through the mediation and
conciliation, the center may appeal the proposed adverse action to
the Commissioner for a final decision.
Stat. 4458; amended Pub. L. 103-73, title I, Sec. 114(j), Aug. 11,
living in States in which State funding equals or exceeds Federal
funding, prior to the general amendment of this subchapter by Pub.
This section is referred to in sections 796c, 796d-1, 796f-1,
Sec. 796f-3. Centers operated by State agencies
A State that receives assistance for fiscal year 1993 with
respect to a center in accordance with subsection (a) of this
section (as in effect on the day before August 7, 1998) may
continue to receive assistance under this subpart for fiscal year
1994 or a succeeding fiscal year if, for such fiscal year -
(1) no nonprofit private agency -
(A) submits an acceptable application to operate a center for
independent living for the fiscal year before a date specified
by the Commissioner; and
(B) obtains approval of the application under section 796f-1
or 796f-2 of this title; or
(2) after funding all applications so submitted and approved,
the Commissioner determines that funds remain available to
provide such assistance.
Stat. 4461; amended Pub. L. 103-73, title I, Sec. 114(k), Aug. 11,
1993, 107 Stat. 731, related to centers operated by State agencies,
Sec. 796f-4. Standards and assurances for centers for independent
Each center for independent living that receives assistance under
this subpart shall comply with the standards set out in subsection
(b) of this section and provide and comply with the assurances set
out in subsection (c) of this section in order to ensure that all
programs and activities under this subpart are planned, conducted,
administered, and evaluated in a manner consistent with the
purposes of this part and the objective of providing assistance
effectively and efficiently.
(b) Standards
(1) Philosophy
The center shall promote and practice the independent living
philosophy of -
(A) consumer control of the center regarding decisionmaking,
service delivery, management, and establishment of the policy
and direction of the center;
(B) self-help and self-advocacy;
(C) development of peer relationships and peer role models;
(D) equal access of individuals with significant disabilities
to society and to all services, programs, activities,
resources, and facilities, whether public or private and
regardless of the funding source.
(2) Provision of services
The center shall provide services to individuals with a range
of significant disabilities. The center shall provide services on
a cross-disability basis (for individuals with all different
types of significant disabilities, including individuals with
significant disabilities who are members of populations that are
unserved or underserved by programs under this subchapter).
Eligibility for services at any center for independent living
shall be determined by the center, and shall not be based on the
presence of any one or more specific significant disabilities.
(3) Independent living goals
The center shall facilitate the development and achievement of
independent living goals selected by individuals with significant
disabilities who seek such assistance by the center.
(4) Community options
The center shall work to increase the availability and improve
the quality of community options for independent living in order
to facilitate the development and achievement of independent
living goals by individuals with significant disabilities.
(5) Independent living core services
The center shall provide independent living core services and,
as appropriate, a combination of any other independent living
(6) Activities to increase community capacity
The center shall conduct activities to increase the capacity of
communities within the service area of the center to meet the
needs of individuals with significant disabilities.
(7) Resource development activities
The center shall conduct resource development activities to
obtain funding from sources other than this part.
(c) Assurances
The eligible agency shall provide at such time and in such manner
as the Commissioner may require, such satisfactory assurances as
the Commissioner may require, including satisfactory assurances
(1) the applicant is an eligible agency;
(2) the center will be designed and operated within local
communities by individuals with disabilities, including an
assurance that the center will have a Board that is the principal
governing body of the center and a majority of which shall be
composed of individuals with significant disabilities;
(3) the applicant will comply with the standards set forth in
subsection (b) of this section;
(4) the applicant will establish clear priorities through
annual and 3-year program and financial planning objectives for
the center, including overall goals or a mission for the center,
a work plan for achieving the goals or mission, specific
objectives, service priorities, and types of services to be
provided, and a description that shall demonstrate how the
proposed activities of the applicant are consistent with the most
recent 3-year State plan under section 796c of this title;
(5) the applicant will use sound organizational and personnel
assignment practices, including taking affirmative action to
employ and advance in employment qualified individuals with
significant disabilities on the same terms and conditions
required with respect to the employment of individuals with
disabilities under section 793 of this title;
(6) the applicant will ensure that the majority of the staff,
and individuals in decisionmaking positions, of the applicant are
(7) the applicant will practice sound fiscal management;
(8) the applicant will conduct annual self-evaluations, prepare
an annual report, and maintain records adequate to measure
performance with respect to the standards, containing information
regarding, at a minimum -
(A) the extent to which the center is in compliance with the
standards;
(B) the number and types of individuals with significant
disabilities receiving services through the center;
(C) the types of services provided through the center and the
number of individuals with significant disabilities receiving
each type of service;
(D) the sources and amounts of funding for the operation of
the center;
(E) the number of individuals with significant disabilities
who are employed by, and the number who are in management and
decisionmaking positions in, the center; and
(F) a comparison, when appropriate, of the activities of the
center in prior years with the activities of the center in the
most recent year;
(9) individuals with significant disabilities who are seeking
or receiving services at the center will be notified by the
center of the existence of, the availability of, and how to
contact, the client assistance program;
(10) aggressive outreach regarding services provided through
the center will be conducted in an effort to reach populations of
individuals with significant disabilities that are unserved or
underserved by programs under this subchapter, especially
minority groups and urban and rural populations;
(11) staff at centers for independent living will receive
training on how to serve such unserved and underserved
populations, including minority groups and urban and rural
populations;
(12) the center will submit to the Statewide Independent Living
Council a copy of its approved grant application and the annual
report required under paragraph (8);
(13) the center will prepare and submit a report to the
designated State unit or the Commissioner, as the case may be, at
the end of each fiscal year that contains the information
described in paragraph (8) and information regarding the extent
to which the center is in compliance with the standards set forth
in subsection (b) of this section; and
(14) an independent living plan described in section 796c(e) of
this title will be developed unless the individual who would
receive services under the plan signs a waiver stating that such
105-332, Sec. 5(c), Oct. 31, 1998, 112 Stat. 3127.)
Stat. 4462; amended Pub. L. 103-73, title I, Sec. 114(l), Aug. 11,
1993, 107 Stat. 731, related to standards and assurances for
centers for independent living, prior to the general amendment of
1998 - Subsec. (c)(7). Pub. L. 105-332 substituted "management;"
for "management, including making arrangements for an annual
independent fiscal audit, notwithstanding section 7502(a)(2)(A) of
title 31;".
This section is referred to in sections 796c, 796d-1, 796e-2,
796f-1, 796f-2 of this title.
Sec. 796f-5. "Eligible agency" defined
As used in this subpart, the term "eligible agency" means a
nonresidential private nonprofit agency.
Stat. 4464, defined "eligible agency", prior to the general
Sec. 796f-6. Authorization of appropriations
Prior sections 796g to 796i were repealed by Pub. L. 102-569,
title VII, Sec. 701(1), Oct. 29, 1992, 106 Stat. 4443.
Section 796g, Pub. L. 93-112, title VII, Sec. 731, as added Pub.
L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92 Stat. 3000;
amended Pub. L. 99-506, title I, Sec. 103(h)(2), Oct. 21, 1986, 100
Stat. 1811; Pub. L. 100-630, title II, Sec. 208(h), Nov. 7, 1988,
102 Stat. 3314, provided for grants to States to establish systems
to protect and advocate for rights of individuals with severe
handicaps.
Section 796h, Pub. L. 93-112, title VII, Sec. 732, as added Pub.
100 Stat. 1810, related to affirmative action on part of recipients
of assistance to employ and advance in employment qualified
individuals with handicaps.
Section 796i, Pub. L. 93-112, title VII, Sec. 741, formerly Sec.
731, as added Pub. L. 95-602, title III, Sec. 301, Nov. 6, 1978, 92
Stat. 3001; renumbered Sec. 741 and amended Pub. L. 98-221, title
I, Sec. 172(a)(1), (b), Feb. 22, 1984, 98 Stat. 32; Pub. L. 99-506,
title VIII, Sec. 806, Oct. 21, 1986, 100 Stat. 1840; Pub. L.
100-630, title II, Sec. 208(i), Nov. 7, 1988, 102 Stat. 3315; Pub.
L. 102-52, Sec. 8, June 6, 1991, 105 Stat. 262, provided for
29 USC Part B - Independent Living Services for Older
Individuals Who Are Blind 01/06/03
Part B - Independent Living Services for Older Individuals Who Are
Sec. 796j. "Older individual who is blind" defined
For purposes of this part, the term "older individual who is
blind" means an individual age 55 or older whose significant visual
impairment makes competitive employment extremely difficult to
attain but for whom independent living goals are feasible.
A prior section 796j, Pub. L. 93-112, title VII, Sec. 751, as
added Pub. L. 102-569, title VII, Sec. 703(a), Oct. 29, 1992, 106
Stat. 4464, defined "older individual who is blind", prior to the
Sec. 796k. Program of grants
(1) Authority for grants
Subject to subsections (b) and (c) of this section, the
Commissioner may make grants to States for the purpose of
providing the services described in subsection (d) of this
section to older individuals who are blind.
(2) Designated State agency
The Commissioner may not make a grant under this subsection
unless the State involved agrees that the grant will be
administered solely by the agency described in section
721(a)(2)(A)(i) of this title.
(b) Contingent competitive grants
Beginning with fiscal year 1993, in the case of any fiscal year
for which the amount appropriated under section 796l of this title
is less than $13,000,000, grants made under subsection (a) of this
section shall be -
(1) discretionary grants made on a competitive basis to States;
(2) grants made on a noncompetitive basis to pay for the
continuation costs of activities for which a grant was awarded -
(A) under this part; or
(B) under part C of this subchapter, as in effect on the day
before October 29, 1992.
(c) Contingent formula grants
In the case of any fiscal year for which the amount
appropriated under section 796l of this title is equal to or
greater than $13,000,000, grants under subsection (a) of this
section shall be made only to States and shall be made only from
allotments under paragraph (2).
For grants under subsection (a) of this section for a fiscal
year described in paragraph (1), the Commissioner shall make an
allotment to each State in an amount determined in accordance
with subsection (j) of this section, and shall make a grant to
the State of the allotment made for the State if the State
submits to the Commissioner an application in accordance with
subsection (i) of this section.
(d) Services generally
The Commissioner may not make a grant under subsection (a) of
this section unless the State involved agrees that the grant will
be expended only for purposes of -
(1) providing independent living services to older individuals
who are blind;
(2) conducting activities that will improve or expand services
for such individuals; and
(3) conducting activities to help improve public understanding
of the problems of such individuals.
Independent living services for purposes of subsection (d)(1) of
this section include -
(1) services to help correct blindness, such as -
(A) outreach services;
(B) visual screening;
(C) surgical or therapeutic treatment to prevent, correct, or
modify disabling eye conditions; and
(D) hospitalization related to such services;
(2) the provision of eyeglasses and other visual aids;
(3) the provision of services and equipment to assist an older
individual who is blind to become more mobile and more
self-sufficient;
(4) mobility training, braille instruction, and other services
and equipment to help an older individual who is blind adjust to
blindness;
(5) guide services, reader services, and transportation;
(6) any other appropriate service designed to assist an older
individual who is blind in coping with daily living activities,
including supportive services and rehabilitation teaching
(7) independent living skills training, information and
referral services, peer counseling, and individual advocacy
training; and
(8) other independent living services.
(f) Matching funds
this section unless the State involved agrees, with respect to
the costs of the program to be carried out by the State pursuant
to such subsection, to make available (directly or through
donations from public or private entities) non-Federal
contributions toward such costs in an amount that is not less
than $1 for each $9 of Federal funds provided in the grant.
(2) Determination of amount contributed
Non-Federal contributions required in paragraph (1) may be in
cash or in kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of such
non-Federal contributions.
(g) Certain expenditures of grants
A State may expend a grant under subsection (a) of this section
to carry out the purposes specified in subsection (d) of this
section through grants to public and nonprofit private agencies or
(h) Requirement regarding State plan
this section unless the State involved agrees that, in carrying out
subsection (d)(1) of this section, the State will seek to
incorporate into the State plan under section 796c of this title
any new methods and approaches relating to independent living
services for older individuals who are blind.
(i) Application for grant
this section unless an application for the grant is submitted to
the Commissioner and the application is in such form, is made in
such manner, and contains such agreements, assurances, and
information as the Commissioner determines to be necessary to
carry out this section (including agreements, assurances, and
information with respect to any grants under subsection (j)(4) of
this section).
(2) Contents
An application for a grant under this section shall contain -
(A) an assurance that the agency described in subsection
(a)(2) of this section will prepare and submit to the
Commissioner a report, at the end of each fiscal year, with
respect to each project or program the agency operates or
administers under this section, whether directly or through a
grant or contract, which report shall contain, at a minimum,
information on -
(i) the number and types of older individuals who are blind
and are receiving services;
(ii) the types of services provided and the number of older
individuals who are blind and are receiving each type of
service;
(iii) the sources and amounts of funding for the operation
of each project or program;
(iv) the amounts and percentages of resources committed to
each type of service provided;
(v) data on actions taken to employ, and advance in
employment, qualified individuals with significant
disabilities, including older individuals who are blind; and
(vi) a comparison, if appropriate, of prior year activities
with the activities of the most recent year;
(B) an assurance that the agency will -
(i) provide services that contribute to the maintenance of,
or the increased independence of, older individuals who are
blind; and
(ii) engage in -
(I) capacity-building activities, including collaboration
with other agencies and organizations;
(II) activities to promote community awareness,
involvement, and assistance; and
(III) outreach efforts; and
(C) an assurance that the application is consistent with the
State plan for providing independent living services required
by section 796c of this title.
(j) Amount of formula grant
Subject to the availability of appropriations, the amount of an
allotment under subsection (a) of this section for a State for a
fiscal year shall be the greater of -
(A) the amount determined under paragraph (2); or
(B) the amount determined under paragraph (3).
(2) Minimum allotment
(A) States
In the case of the several States, the District of Columbia,
and the Commonwealth of Puerto Rico, the amount referred to in
subparagraph (A) of paragraph (1) for a fiscal year is the
greater of -
(i) $225,000; or
(ii) an amount equal to 1/3 of 1 percent of the amount
appropriated under section 796l of this title for the fiscal
year and available for allotments under subsection (a) of
(B) Certain territories
In the case of Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands,
the amount referred to in subparagraph (A) of paragraph (1) for
a fiscal year is $40,000.
(3) Formula
The amount referred to in subparagraph (B) of paragraph (1) for
a State for a fiscal year is the product of -
(A) the amount appropriated under section 796l of this title
and available for allotments under subsection (a) of this
section; and
(B) a percentage equal to the quotient of -
(i) an amount equal to the number of individuals residing
in the State who are not less than 55 years of age; divided
(ii) an amount equal to the number of individuals residing
in the United States who are not less than 55 years of age.
(4) Disposition of certain amounts
From the amounts specified in subparagraph (B), the
Commissioner may make grants to States whose population of
older individuals who are blind has a substantial need for the
services specified in subsection (d) of this section relative
to the populations in other States of older individuals who are
blind.
(B) Amounts
The amounts referred to in subparagraph (A) are any amounts
that are not paid to States under subsection (a) of this
section as a result of -
(i) the failure of any State to submit an application under
subsection (i) of this section;
(ii) the failure of any State to prepare within a
reasonable period of time such application in compliance with
such subsection; or
(iii) any State informing the Commissioner that the State
does not intend to expend the full amount of the allotment
made for the State under subsection (a) of this section.
(C) Conditions
The Commissioner may not make a grant under subparagraph (A)
unless the State involved agrees that the grant is subject to
the same conditions as grants made under subsection (a) of this
Part C of this subchapter, as in effect on the day before October
29, 1992, referred to in subsec. (b)(2)(B), means former part C
(Sec. 796f) which was included in the repeal of subchapter VII of
A prior section 796k, Pub. L. 93-112, title VII, Sec. 752, as
Stat. 4465; amended Pub. L. 103-73, title I, Sec. 114(m), Aug. 11,
1993, 107 Stat. 732, authorized grants to provide independent
living services for older individuals who are blind, prior to the
Sec. 796g742l. Authorization of appropriations
A prior section 796l, Pub. L. 93-112, title VII, Sec. 753, as
29 USC SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND
TRAINING PROJECTS 01/06/03
SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS
29 USC Secs. 797 to 797b 01/06/03
Secs. 797 to 797b. Repealed. Pub. L. 105-220, title IV, Sec. 411,
Aug. 7, 1998, 112 Stat. 1241
Section 797, Pub. L. 93-112, title VIII, Sec. 801, as added Pub.
L. 102-569, title VIII, Sec. 801(a), Oct. 29, 1992, 106 Stat. 4469,
Section 797a, Pub. L. 93-112, title VIII, Sec. 802, as added Pub.
authorized grants for various demonstration projects.
Section 797b, Pub. L. 93-112, title VIII, Sec. 803, as added Pub.
authorized grants for training projects.
Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor