Laws: Cases and Codes : U.S. Code : Title 29


   

U.S. Code as of: 01/19/04
Chapter 16 - Notes
                            GENERAL PROVISIONS                        
    Sec.                                                     
    701.        Findings; purpose; policy.                            
                  (a)  Findings.                                      
                  (b)  Purpose.                                       
                  (c)  Policy.                                        
    702.        Rehabilitation Services Administration.               
    703.        Advance funding.                                      
    704.        Joint funding.                                        
    705.        Definitions.                                          
    706.        Allotment percentage.                                 
    707.        Nonduplication.                                       
    708.        Application of other laws.                            
    709.        Administration.                                       
                  (a)  Technical assistance; short-term traineeships;
                        special projects; dissemination of
                        information; monitoring and evaluations.      
                  (b)  Utilization of services and facilities;
                        information task forces.                      
                  (c)  Rules and regulations.                         
                  (d)  Regulations for implementation of order of
                        selection for vocational rehabilitation
                        services.                                     
                  (e)  Regulations to implement amendments.           
                  (f)  Limitation on regulations.                     
                  (g)  Authorization of appropriations.               
    710.        Reports.                                              
                  (a)  Annual reports required.                       
                  (b)  Collection of information.                     
                  (c)  Information to be included in reports.         
    711.        Evaluation.                                           
                  (a)  Statement of purpose; standards; persons
                        eligible to conduct evaluations.              
                  (b)  Opinions of program and project participants.  
                  (c)  Data as property of United States.             
                  (d)  Information from other departments and
                        agencies.                                     
                  (e)  Longitudinal study.                            
                  (f)  Information on exemplary practices.            
                  (g)  Authorization of appropriations.               
    712.        Information clearinghouse.                            
                  (a)  Establishment; information and resources for
                        individuals with disabilities.                
                  (b)  Information and data retrieval system.         
                  (c)  Office of Information and Resources for
                        Individuals with Disabilities.                
                  (d)  Authorization of appropriations.               
    713.        Transfer of funds.                                    
    714.        State administration.                                 
    715.        Review of applications.                               
    716.        Carryover.                                            
                  (a)  In general.                                    
                  (b)  Non-Federal share.                             
    717.        Client assistance information.                        
    718.        Traditionally underserved populations.                
                  (a)  Findings.                                      
                  (b)  Outreach to minorities.                        
                  (c)  Demonstration.                                 
             SUBCHAPTER I - VOCATIONAL REHABILITATION SERVICES         
                        PART A - GENERAL PROVISIONS                    
    720.        Declaration of policy; authorization of
                 appropriations.                                      
                  (a)  Findings; purpose; policy.                     
                  (b)  Authorization of appropriations.               
                  (c)  Consumer Price Index.                          
                  (d)  Extension.                                     
    721.        State plans.                                          
                  (a)  Plan requirements.                             
                  (b)  Approval; disapproval of the State plan.       
    722.        Eligibility and individualized plan for employment.   
                  (a)  Eligibility.                                   
                  (b)  Development of an individualized plan for
                        employment.                                   
                  (c)  Procedures.                                    
                  (d)  Policies and procedures.                       
    723.        Vocational rehabilitation services.                   
                  (a)  Vocational rehabilitation services for
                        individuals.                                  
                  (b)  Vocational rehabilitation services for groups
                        of individuals.                               
    724.        Non-Federal share for establishment of program or
                 construction.                                        
    725.        State Rehabilitation Council.                         
                  (a)  Establishment.                                 
                  (b)  Composition and appointment.                   
                  (c)  Functions of Council.                          
                  (d)  Resources.                                     
                  (e)  Conflict of interest.                          
                  (f)  Meetings.                                      
                  (g)  Compensation and expenses.                     
                  (h)  Hearings and forums.                           
    726.        Evaluation standards and performance indicators.      
                  (a)  Establishment.                                 
                  (b)  Compliance.                                    
                  (c)  Withholding.                                   
                  (d)  Report to Congress.                            
    727.        Monitoring and review.                                
                  (a)  In general.                                    
                  (b)  Technical assistance.                          
                  (c)  Failure to comply with plan.                   
                  (d)  Review.                                        
    728.        Expenditure of certain amounts.                       
                  (a)  Expenditure.                                   
                  (b)  Amounts.                                       
    728a.       Training of employers with respect to Americans with
                 Disabilities Act of 1990.                            
             PART B - BASIC VOCATIONAL REHABILITATION SERVICES         
    730.        State allotments.                                     
                  (a)  Computation; additional amount; minimum amount;
                        adjustments.                                  
                  (b)  Unused funds; redistribution; increase in
                        amount.                                       
                  (c)  Funds for American Indian vocational
                        rehabilitation services.                      
    731.        Payments to States.                                   
                  (a)  Amount.                                        
                  (b)  Method of computation and payment.             
    732.        Client assistance program.                            
                  (a)  Establishment of grant program.                
                  (b)  Existence of State program as requisite to
                        receiving payments.                           
                  (c)  Designation of agency to conduct program.      
                  (d)  Class action by designated agency prohibited.  
                  (e)  Allotment and reallotment of funds.            
                  (f)  Application by State for grant funds.          
                  (g)  Regulations; minimum requirements.             
                  (h)  Authorization of appropriations.               
        PART C - AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES    
    741.        Vocational rehabilitation services grants.            
                  (a)  Governing bodies of Indian tribes; amount;
                        non-Federal share.                            
                  (b)  Application; effective period; continuation of
                        programs and services; separate service
                        delivery systems.                             
                  (c)  "Reservation" defined.                         
      PART D - VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION  
    751.        Data sharing.                                         
                  (a)  In general.                                    
                  (b)  Treatment of information.                      
                   SUBCHAPTER II - RESEARCH AND TRAINING               
    760.        Declaration of purpose.                               
    761.        Authorization of appropriations.                      
    762.        National Institute on Disability and Rehabilitation
                 Research.                                            
                  (a)  Establishment; Director as principal officer.  
                  (b)  Duties of Director.                            
                  (c)  Development and dissemination of models.       
                  (d)  Appointment of Director; employment of
                        technical and professional personnel;
                        consultants.                                  
                  (e)  Fellowships.                                   
                  (f)  Scientific peer review of research, training,
                        and demonstration projects.                   
                  (g)  Use of funds.                                  
                  (h)  5-year plan.                                   
                  (i)  Cooperation and consultation with other
                        agencies and departments on design of research
                        programs.                                     
                  (j)  Comprehensive and coordinated research program;
                        interagency cooperation; research and training
                        center.                                       
                  (k)  Grants for training.                           
    762a.       Research and demonstration projects.                  
                  (a)  Multiple and interrelated service needs of
                        individuals with handicaps; report to
                        Congress.                                     
                  (b)  Authorization of appropriations.               
                  (c)  Study on impact of vocational rehabilitation
                        services; transmittal to Congress.            
    763.        Interagency Committee.                                
                  (a)  Establishment; membership; meetings.           
                  (b)  Duties.                                        
                  (c)  Annual report.                                 
                  (d)  Recommendations.                               
                  (e)  Definitions.                                   
    764.        Research and other covered activities.                
                  (a)  Federal grants and contracts for certain
                        research projects and related activities.     
                  (b)  Research grants.                               
                  (c)  Site visits; grant limitations.                
    765.        Rehabilitation Research Advisory Council.             
                  (a)  Establishment.                                 
                  (b)  Duties.                                        
                  (c)  Qualifications.                                
                  (d)  Terms of appointment.                          
                  (e)  Vacancies.                                     
                  (f)  Payment and expenses.                          
                  (g)  Detail of Federal employees.                   
                  (h)  Technical assistance.                          
                  (i)  Termination.                                   
    SUBCHAPTER III - PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
                              DEMONSTRATIONS
    771.        Declaration of purpose and competitive basis of grants
                 and contracts.                                       
                  (a)  Purpose.                                       
                  (b)  Competitive basis of grants and contracts.     
    772.        Training.                                             
                  (a)  Grants and contracts for personnel training.   
                  (b)  Grants and contracts for academic degrees and
                        academic certificate granting training
                        projects.                                     
                  (c)  Grants to historically Black colleges and
                        universities.                                 
                  (d)  Application.                                   
                  (e)  Evaluation and collection of data.             
                  (f)  Grants for the training of interpreters.       
                  (g)  Technical assistance and in-service training.  
                  (h)  Provision of information.                      
                  (i)  Authorization of appropriations.               
    773.        Demonstration and training programs.                  
                  (a)  Demonstration projects to increase client
                        choice.                                       
                  (b)  Special demonstration programs.                
                  (c)  Parent information and training program.       
                  (d)  Braille training programs.                     
                  (e)  Authorization of appropriations.               
    774.        Migrant and seasonal farmworkers.                     
                  (a)  Grants.                                        
                  (b)  Authorization of appropriations.               
    775.        Recreational programs.                                
                  (a)  Grants.                                        
                  (b)  Authorization of appropriations.               
    776.        Measuring of project outcomes and performance.        
              SUBCHAPTER IV - NATIONAL COUNCIL ON DISABILITY          
    780.        Establishment of National Council on Disability.      
                  (a)  Membership; purpose.                           
                  (b)  Term of office.                                
                  (c)  Chairperson; meetings.                         
                  (d)  Quorum; vacancies.                             
    780a.       Independent status of National Council on the
                 Handicapped.                                         
                  (1)  Council as independent agency within Federal
                        Government.                                   
                  (2)  Transfer of functions to Council Chairman.     
                  (3)  Changes in statutory and other references.     
    781.        Duties of National Council.                           
                  (a)  In general.                                    
                  (b)  Annual reports.                                
                  (c)  Report describing barriers.                    
    782.        Compensation of National Council members.             
                  (a)  Rate.                                          
                  (b)  Full-time officers or employees of United
                        States.                                       
                  (c)  Travel expenses.                               
    783.        Staff of National Council.                            
                  (a)  Executive Director; technical and professional
                        employees.                                    
                  (b)  Temporary or intermittent services; voluntary
                        and uncompensated services; gifts, etc.;
                        contracts and agreements; official
                        representation and reception.                 
                  (c)  Administrative support services.               
                  (d)  Investment of amounts not required for current
                        withdrawals.                                  
    784.        Administrative powers of National Council.            
                  (a)  Bylaws and rules.                              
                  (b)  Hearings.                                      
                  (c)  Advisory committees.                           
                  (d)  Use of mails.                                  
                  (e)  Use of services, personnel, information, and
                        facilities.                                   
    785.        Authorization of appropriations.                      
                    SUBCHAPTER V - RIGHTS AND ADVOCACY                
    790.        Repealed.                                             
    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.   
                  (b)  Federal agencies; affirmative action program
                        plans.                                        
                  (c)  State agencies; rehabilitated individuals,
                        employment.                                   
                  (d)  Report to Congressional committees.            
                  (e)  Federal work experience without pay;
                        non-Federal status.                           
                  (f)  Federal agency cooperation; special
                        consideration for positions on President's
                        Committee on Employment of People With
                        Disabilities.                                 
                  (g)  Standards used in determining violation of
                        section.                                      
    792.        Architectural and Transportation Barriers Compliance
                 Board.                                               
                  (a)  Establishment; membership; chairperson;
                        vice-chairperson; term of office; termination
                        of membership; reappointment; compensation and
                        travel expenses; bylaws; quorum requirements. 
                  (b)  Functions.                                     
                  (c)  Additional functions; transportation barriers
                        and housing needs; transportation and housing
                        plans and proposals.                          
                  (d)  Electronic and information technology
                        accessibility training.                       
                  (e)  Investigations; hearings; orders;
                        administrative procedure applicable; final
                        orders; judicial review; civil action;
                        intervention.                                 
                  (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.                         
                  (g)  Technical, administrative, or other assistance;
                        appointment, compensation, and travel expenses
                        of advisory and technical experts and
                        consultants.                                  
                  (h)  Omitted.                                       
                  (i)  Grants and contracts to aid Access Board in
                        carrying out its functions; acceptance of
                        gifts, devises, and bequests of property.     
                  (j)  Authorization of appropriations.               
    793.        Employment under Federal contracts.                   
                  (a)  Amount of contracts or subcontracts; provision
                        for employment and advancement of qualified
                        individuals with disabilities; regulations.   
                  (b)  Administrative enforcement; complaints;
                        investigations; departmental action.          
                  (c)  Waiver by President; national interest special
                        circumstances for waiver of particular
                        agreements; waiver by Secretary of Labor of
                        affirmative action requirements.              
                  (d)  Standards used in determining violation of
                        section.                                      
                  (e)  Avoidance of duplicative efforts and
                        inconsistencies.                              
    794.        Nondiscrimination under Federal grants and programs.  
                  (a)  Promulgation of rules and regulations.         
                  (b)  "Program or activity" defined.                 
                  (c)  Significant structural alterations by small
                        providers.                                    
                  (d)  Standards used in determining violation of
                        section.                                      
    794a.       Remedies and attorney fees.                           
    794b.       Removal of architectural, transportation, or
                 communication barriers; technical and financial
                 assistance; compensation of experts or consultants;
                 authorization of appropriations.                     
    794c.       Interagency Disability Coordinating Council.          
                  (a)  Establishment.                                 
                  (b)  Duties.                                        
                  (c)  Report.                                        
    794d.       Electronic and information technology.                
                  (a)  Requirements for Federal departments and
                        agencies.                                     
                  (b)  Technical assistance.                          
                  (c)  Agency evaluations.                            
                  (d)  Reports.                                       
                  (e)  Cooperation.                                   
                  (f)  Enforcement.                                   
                  (g)  Application to other Federal laws.             
    794e.       Protection and advocacy of individual rights.         
                  (a)  Purpose and construction.                      
                  (b)  Appropriations less than $5,500,000.           
                  (c)  Appropriations of $5,500,000 or more.          
                  (d)  Proportional reduction.                        
                  (e)  Reallotment.                                   
                  (f)  Application.                                   
                  (g)  Carryover and direct payment.                  
                  (h)  Limitation on disclosure requirements.         
                  (i)  Administrative cost.                           
                  (j)  Delegation.                                    
                  (k)  Report.                                        
                  (l)  Authorization of appropriations.               
                  (m)  Definitions.                                   
       SUBCHAPTER VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
                               DISABILITIES
                      PART A - PROJECTS WITH INDUSTRY                  
    795.        Projects With Industry.                               
                  (a)  Purpose; award of grants; eligibility;
                        agreements; evaluation; technical assistance. 
                  (b)  Requirements for payment.                      
                  (c)  Amount of payments.                            
                  (d)  Standards for evaluation; recommendations.     
                  (e)  Period of grant; renewal; award on competitive
                        basis; equitable distribution.                
                  (f)  Indicators for compliance with evaluation
                        standards; annual reports; onsite compliance
                        reviews; analysis included in reports to
                        Congress.                                     
                  (g)  Technical assistance to entities conducting or
                        planning projects.                            
                  (h)  Definitions.                                   
    795a.       Authorization of appropriations.                      
      PART B - SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH THE
                       MOST SIGNIFICANT DISABILITIES
    795g.       Purpose.                                              
    795h.       Allotments.                                           
                  (a)  In general.                                    
                  (b)  Reallotment.                                   
    795i.       Availability of services.                             
    795j.       Eligibility.                                          
    795k.       State plan.                                           
                  (a)  State plan supplements.                        
                  (b)  Contents.                                      
    795l.       Restriction.                                          
    795m.       Savings provision.                                    
                  (a)  Supported employment services.                 
                  (b)  Postemployment services.                       
    795n.       Authorization of appropriations.                      
       SUBCHAPTER VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR
                            INDEPENDENT LIVING
            PART A - INDIVIDUALS WITH SIGNIFICANT DISABILITIES        
                      SUBPART 1 - GENERAL PROVISIONS                  
    796.        Purpose.                                              
    796a.       Definitions.                                          
    796b.       Eligibility for receipt of services.                  
    796c.       State plan.                                           
                  (a)  In general.                                    
                  (b)  Statewide Independent Living Council.          
                  (c)  Designation of State unit.                     
                  (d)  Objectives.                                    
                  (e)  Independent living services.                   
                  (f)  Scope and arrangements.                        
                  (g)  Network.                                       
                  (h)  Centers.                                       
                  (i)  Cooperation, coordination, and working
                        relationships among various entities.         
                  (j)  Coordination of services.                      
                  (k)  Coordination between Federal and State sources.
                  (l)  Outreach.                                      
                  (m)  Requirements.                                  
                  (n)  Evaluation.                                    
    796d.       Statewide Independent Living Council.                 
                  (a)  Establishment.                                 
                  (b)  Composition and appointment.                   
                  (c)  Duties.                                        
                  (d)  Hearings and forums.                           
                  (e)  Plan.                                          
                  (f)  Compensation and expenses.                     
    796d-1.     Responsibilities of Commissioner.                     
                  (a)  Approval of State plans.                       
                  (b)  Indicators.                                    
                  (c)  Onsite compliance reviews.                     
                  (d)  Reports.                                       
                  SUBPART 2 - INDEPENDENT LIVING SERVICES              
    796e.       Allotments.                                           
                  (a)  In general.                                    
                  (b)  Proportional reduction.                        
                  (c)  Reallotment.                                   
    796e-1.     Payments to States from allotments.                   
                  (a)  Payments.                                      
                  (b)  Federal share.                                 
    796e-2.     Authorized uses of funds.                             
    796e-3.     Authorization of appropriations.                      
                SUBPART 3 - CENTERS FOR INDEPENDENT LIVING            
    796f.       Program authorization.                                
                  (a)  In general.                                    
                  (b)  Training.                                      
                  (c)  In general.                                    
                  (d)  Reallotment.                                   
    796f-1.     Grants to centers for independent living in States in
                 which Federal funding exceeds State funding.         
                  (a)  Establishment.                                 
                  (b)  Eligible agencies.                             
                  (c)  Existing eligible agencies.                    
                  (d)  New centers for independent living.            
                  (e)  Order of priorities.                           
                  (f)  Nonresidential agencies.                       
                  (g)  Review.                                        
    796f-2.     Grants to centers for independent living in States in
                 which State funding equals or exceeds Federal
                 funding.                                             
                  (a)  Establishment.                                 
                  (b)  Eligible agencies.                             
                  (c)  Existing eligible agencies.                    
                  (d)  New centers for independent living.            
                  (e)  Order of priorities.                           
                  (f)  Nonresidential agencies.                       
                  (g)  Review.                                        
                  (h)  Onsite compliance review.                      
                  (i)  Adverse actions.                               
    796f-3.     Centers operated by State agencies.                   
    796f-4.     Standards and assurances for centers for independent
                 living.                                              
                  (a)  In general.                                    
                  (b)  Standards.                                     
                  (c)  Assurances.                                    
    796f-5.     "Eligible agency" defined.                            
    796f-6.     Authorization of appropriations.                      
    PART B - INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
                                   BLIND
    796j.       "Older individual who is blind" defined.              
    796k.       Program of grants.                                    
                  (a)  In general.                                    
                  (b)  Contingent competitive grants.                 
                  (c)  Contingent formula grants.                     
                  (d)  Services generally.                            
                  (e)  Independent living services.                   
                  (f)  Matching funds.                                
                  (g)  Certain expenditures of grants.                
                  (h)  Requirement regarding State plan.              
                  (i)  Application for grant.                         
                  (j)  Amount of formula grant.                       
    796l.       Authorization of appropriations.                      
      SUBCHAPTER VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS  
    797 to 797b. Repealed.                                            
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS               
      This chapter is referred to in sections 762a, 780a, 2841 of this
    title; title 2 sections 1302, 1311, 1371, 1434; title 3 sections
    402, 411; title 5 section 8104; title 7 section 2279d; title 20
    sections 107a, 107d-4, 1011, 1453, 2308, 3441, 4356, 6143; title 22
    section 2102; title 26 section 51; title 38 sections 3117, 3118,
    7462; title 42 sections 290dd, 1760, 1784, 3013, 3026, 3032, 3056a,
    6705, 11701, 12117, 12592, 15025, 15043, 15545.
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