29 U.S.C. § 795G
Section 795g · Purpose
Viewing 29 U.S.C. § 795G as in effect on October 29, 1992. The text changed in 2 later editions (most recent July 22, 2014).
View current version →(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 Secretaries of Labor and Commerce 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, which shall—
(i) be comprised of—
(I) representatives of private industry, business concerns, and organized labor; and
(II) individuals with disabilities and their representatives;
(ii) identify job and career availability within the community;
(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 for individuals with disabilities;
(B) provide individuals with disabilities with training in realistic work settings in order to prepare the individuals for employment and career advancement in the competitive market;
(C) provide job placement and career advancement services;
(D) to the extent appropriate, provide for—
(i) the development and modification of jobs and careers to accommodate the special needs of such individuals;
(ii) the distribution of rehabilitation technology to such individuals; and
(iii) the modification of any facilities or equipment of the employer that are used primarily by individuals with disabilities; and
(E) 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) An individual shall be eligible for services described in paragraph (2) if the appropriate designated State unit determines the individual to be an individual with a disability under section 706(8)(A) of this title or an individual with a severe disability under section 706(15)(A) of this title. In making such a determination, the unit shall rely on the determination made by the recipient of the grant under which the services are provided, to the extent appropriate and available and consistent with the requirements under this chapter. If a designated State unit does not notify a recipient of a grant within 60 days that the determination of the recipient is inappropriate, the recipient of the grant may consider the individual to be eligible.
(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 their 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 information on—
(A) the numbers and types of individuals with disabilities served;
(B) the types of services provided;
(C) the sources of funding;
(D) the percentage of resources committed to each type of service provided;
(E) the extent to which the employment status and earning power of individuals with disabilities changed following services;
(F) the extent of capacity building activities, including collaboration with business and industry and other organizations, agencies, and institutions;
(G) a comparison, if appropriate, of activities in prior years with activities in the most recent year; and
(H) the number of project participants who were terminated from project placements and the duration of such placements.
(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; or
(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 individuals with disabilities.
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 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.
Payments under this section with respect to any project may not exceed 80 per centum of the costs of the project.
(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 paragraphs (2) and (3).
(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.
(3) No standards may be established under this subsection unless the standards are approved by the National Council on Disability. The Council shall approve the standards within ninety days after receiving the standards. If the Secretary of Education has not received notification of approval or disapproval from the Council within ninety days, the standards shall be deemed approved. A Council decision on such standards shall occur at a regularly scheduled meeting of the Council, and shall be the result of a simple majority of those present at the meeting.
(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 time, in such manner, and containing such information as the 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.
(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 on-site compliance reviews of at least 15 percent of grant recipients. The Commissioner shall select grant recipients for review on a random basis.
(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 712 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 on-site compliance reviews, identifying individual grant recipients.
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.
As used in this section:
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(6)(C), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Amendments
1992—Subsec. (a). Pub. L. 102–569, §611(a), amended subsec. (a) generally, substituting present provisions for provisions outlining purpose of subchapter and providing for agreements to establish jointly financed projects to expand job opportunities, training services, and supportive services for individuals with handicaps, as well as an evaluation plan documenting assistance to such individuals.
Subsec. (b). Pub. L. 102–569, §611(b), amended subsec. (b) generally, substituting present provisions for provisions directing that no payment be made to an employer unless agreement provided assurances regarding minimum wage payment, right of Commissioner to review any termination of employment, equal terms of employment with other employees, and compliance with evaluation procedures.
Subsec. (d). Pub. L. 102–569, §611(c), added pars. (1) and (2), redesignated par. (4) as (3), and struck out former pars. (1) to (3) which in par. (1) required development of standards of evaluation to assist recipients of assistance under this subchapter to review and evaluate operation of their projects, in par. (2) required comprehensive evaluation of the Projects With Industry Program along with submission of report to Congress, and in par. (3) provided that in developing standards of evaluation, Commissioner should obtain and consider recommendations from various public and private organizations and entities.
Subsecs. (e) to (h). Pub. L. 102–569, §611(d), amended subsecs. (e) to (h) generally, substituting present provisions for provisions which: in subsec. (e), provided for effective period of financial assistance agreements and annual review; in subsec. (f), provided for indicators for compliance with evaluation standards, annual reports, on-site compliance reviews, and analysis included in reports to Congress; in subsec. (g), provided for technical assistance to entities conducting or planning Projects With Industry; and in subsec. (h), provided for advance availability of funds for certain grantees, compliance with evaluation standards, unserved geographic areas, competitive basis for awarding grants, and continuation of assistance.
Subsec. (i). Pub. L. 102–569, §611(e), struck out subsec. (i) which established priority in the approving of applications for assistance to unserved or underserved areas.
1988—Subsec. (a)(1). Pub. L. 100–630, §207(b)(1), substituted “individuals” for “people” after “qualify”.
Subsec. (a)(2)(D)(iii). Pub. L. 100–630, §207(b)(2), substituted “individuals with handicaps” for “handicapped individuals”.
Subsec. (b)(1), (3). Pub. L. 100–630, §207(b)(3), (4), substituted “assurance” for “assurances”.
Subsec. (d). Pub. L. 100–630, §207(b)(5)–(7), substituted “subsection (a)(4)” for “section (a)(3)” in pars. (1) and (2) and “on Disability” for “on the Handicapped” in par. (4).
1986—Subsec. (a)(1). Pub. L. 99–506, §703(a)(1)(B), added par. (1). Former par. (1) redesignated (2).
Subsec. (a)(2)(A) to (C). Pub. L. 99–506, §703(a)(1)(A), (2), redesignated former par. (1) as (2), amended subpars. (A) to (C) generally, and redesignated former par. (2) as (3). Prior to amendment, subpars. (A) to (C) read as follows:
“(A) shall provide individuals with handicaps with training and employment in a realistic work setting in order to prepare them for employment in the competitive market;
“(B) shall provide individuals with handicaps with such supportive services as may be required to permit them to continue to engage in the employment for which they have received training under this section; and
“(C) shall, to the extent appropriate, expand job opportunities for individuals with handicaps by providing for (i) the development and modification of jobs to accommodate the special needs of such individuals, (ii) the distribution of special aids, appliances, or adapted equipment to such individuals, (iii) the establishment of appropriate job placement services, and (iv) the modification of any facilities or equipment of the employer which are to be used primarily by individuals with handicaps.”
Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals” wherever appearing.
Subsec. (a)(2)(D), (E). Pub. L. 99–506, §703(a)(2), added subpars. (D) and (E).
Subsec. (a)(3). Pub. L. 99–506, §§103(d)(2)(C), 703(a)(1)(A), redesignated former par. (2) as (3) and substituted “individuals with handicaps” for “handicapped individuals”. Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 99–506, §§103(d)(2)(C), 703(a)(1)(A), (3), redesignated former par. (3) as (4) and substituted “each project year” for “each year of a funding cycle” in introductory provisions, and “individuals with handicaps” for “handicapped individuals” in subpars. (A) and (E).
Subsec. (b)(1). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals”.
Subsec. (b)(2). Pub. L. 99–506, §103(d)(2)(B), substituted “individual with handicaps” for “handicapped individual”.
Subsec. (b)(3). Pub. L. 99–506, §103(d)(2)(B), (C), substituted “individual with handicaps” for “handicapped individual” and “individuals with handicaps” for “handicapped individuals”.
Subsec. (b)(4). Pub. L. 99–506, §703(b)(A)–(C), added par. (4) set out first.
Pub. L. 99–506, §703(b)(1)–(3), added par. (4) set out second.
Subsec. (d)(1). Pub. L. 99–506, §703(c), inserted provision that such standards shall be revised as necessary, subject to par. (4) of this subsection.
Subsec. (d)(3). Pub. L. 99–506, §103(d)(2)(C), substituted “individuals with handicaps” for “handicapped individuals”.
Subsec. (e). Pub. L. 99–506, §703(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The parties to each agreement receiving assistance under this section in the fiscal year in which the Rehabilitation Amendments of 1984 is enacted shall continue to receive assistance through September 30, 1986, unless the Commissioner determines that there is a substantial failure to comply with the agreement.”
Subsec. (f). Pub. L. 99–506, §703(d)(1), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The Commissioner shall to the extent practicable assure an equitable distribution of payments made under this section among the States.”
Subsecs. (g) to (i). Pub. L. 99–506, §703(d), added subsecs. (g) to (i).
1984—Subsec. (a). Pub. L. 98–221, §162(a), (b), inserted “, designated State units” after “employers” in provisions preceding subpar. (A) in par. (1) and added par. (3).
Subsecs. (d) to (f). Pub. L. 98–221, §§162(c), 163, added subsecs. (d) to (f).
Effective Date of 1986 Amendment
Section 703(a)(4) of Pub. L. 99–506 provided that: “The amendment made by paragraph (2), adding clause (E) to section 621(a)(2) of the Act [29 U.S.C. 795g(a)(2)(E)], shall take effect one year after the date of enactment of this Act [Oct. 21, 1986].”