29 U.S.C. § 797a
Section 797a · Demonstration activities
Amended 1 time on record
(1) Grants
The Commissioner shall make grants to States and to public or nonprofit agencies and organizations for the purpose of providing transportation services to individuals with disabilities who—
(A)(i) are employed or seeking employment; or
(ii) are receiving vocational rehabilitation services from public or private organizations; and
(B) reside in geographic areas in which fixed route public transportation or comparable paratransit service is not available.
(2) Use of grant
The Commissioner may make a grant under this subsection only if the applicant involved agrees that transportation services under this subsection will be provided on a regular and continuing basis between—
(A) the home of the individual; and
(B) the place of employment of the individual, the place where the individual is seeking employment, or the place where the individual is receiving vocational rehabilitation services.
(3) Charges
The Commissioner may make a grant under paragraph (1) only if the applicant involved agrees that, in providing transportation services under this subsection—
(A) a charge for the transportation will be imposed on each employed eligible individual who uses the transportation; and
(B) the amount of the charge for an instance of use of the transportation for the distance involved will be in a fair and reasonable amount that is consistent with fees for comparable services in comparable geographic areas.
(4) Report
The Commissioner may make a grant under this subsection only if the applicant involved agrees to prepare and submit to the Commissioner, not later than December 31 of the fiscal year following the fiscal year for which the grant is made, a report containing—
(A) a description of the goals of the program carried out with the grant;
(B) a description of the activities and services provided under the program;
(C) a description of the number of eligible individuals served under the program;
(D) a description of methods used to ensure that the program serves the eligible individuals most in need of the transportation services provided under the program; and
(E) such additional information as the Commissioner may require.
(5) Construction
Nothing in this subsection may be construed as limiting the rights or responsibilities of any individual under any other provision of this chapter, under the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.], or under any other provision of law.
(1) Special projects and demonstrations
The Commissioner shall make grants to public or nonprofit community rehabilitation programs, designated State units, and other public or nonprofit agencies and organizations to pay for the cost of developing special projects and demonstrations related to vocational rehabilitation outcomes. Such projects and demonstrations may include activities providing alternatives to case closure practice and identifying and implementing appropriate incentives to vocational rehabilitation counselors to achieve high quality placements for individuals with the most severe disabilities.
(2) Certain requirements
Each recipient of such a grant shall—
(A) identify, develop, and test exemplary models that can be replicated; and
(B) identify innovative methods, such as weighted case closures, to evaluate the performance of vocational rehabilitation counselors that in no way impede the accomplishment of the purposes and policy of serving, among others, those individuals with the most severe disabilities.
(1) Grants
The Commissioner shall make grants to public or nonprofit agencies and organizations to carry out demonstration programs designed to demonstrate the utility of early intervention in furnishing vocational evaluation, training, and counseling services to working adults recently determined to have chronic and progressive diseases that may be severely disabling, such as multiple sclerosis.
(2) Grant activities
In carrying out a demonstration program under paragraph (1), an eligible entity shall conduct a program intended to demonstrate the effectiveness of such early intervention in improving the job retention of the working adults or in facilitating the entry of the working adults to new careers and employment. The demonstration program shall test a number of alternative service systems, including an employer assistance program, a system involving early intervention by State vocational rehabilitation agencies, and a private nonprofit agency joint venture with an employer or State vocational rehabilitation agency.
(1) Grants
The Commissioner may make grants to public or nonprofit agencies and organizations to pay part or all of the costs of special projects and demonstration projects to support models for providing community-based, coordinated services to facilitate the transition of individuals with disabilities from rehabilitation hospital or nursing home programs or comparable programs, to programs providing independent living services in the community, including services such as personal assistance services, health maintenance services, counseling, and social and vocational services.
(2) Application
To be eligible to receive a grant under this subsection, 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.
(3) Evaluation
An agency or organization that receives a grant under this subsection shall evaluate the effectiveness of such models and prepare and submit to the Commissioner a report containing the evaluation.
The Commissioner may award grants to public or nonprofit agencies and organizations—
(1) to conduct a study to examine the factors that have created barriers to successful rehabilitation outcomes for individuals with disabilities from minority backgrounds, and develop and evaluate policy, research, and training strategies for overcoming the barriers;
(2) to conduct a study to examine the factors that have created significant underrepresentation of individuals from minority backgrounds in the rehabilitation professions, including such underrepresentation among researchers, and develop and evaluate policy, research, and training strategies for overcoming the underrepresentation; and
(3) to conduct a study to examine the factors that have created barriers to successful rehabilitation outcomes for individuals with neurological or other related disorders, and examine how the hidden or episodic nature of the disability affects eligibility and the provision of services.
(1) Grants
The Commissioner may make grants to public or nonprofit agencies and organizations to pay part or all of the costs of conducting studies, special projects, or demonstration projects relating to the management and service delivery systems of the vocational rehabilitation programs authorized under this chapter.
(2) Application
To be eligible to receive a grant under this subsection, 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.
(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.
(3) Application
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 applicant 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 applicant 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 the—
(A) diversity of strategies used to increase client choice, including selection among qualified service providers;
(B) geographic distribution of projects; and
(C) 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 shall 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 subsection 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 706(8)(A) of this title, who is not currently receiving services under an individualized written rehabilitation program established through a designated State unit.
(1) Establishment
(A) In general
Subject to the availability of appropriations, there is hereby established a National Commission on Rehabilitation Services (referred to in this section as the “National Commission”) for the purpose of studying the nature, quality, and adequacy of vocational rehabilitation, independent living, supported employment, research, training, and other programs authorized under this chapter, and submitting to the President and to Congress recommendations that will further the successful employment outcomes, independence, and integration of individuals with disabilities into the workplace and community.
(B) Composition
(i) Qualifications
The National Commission shall consist of 15 members who are recognized by knowledge, experience, and education as experts in the field of rehabilitation. At least a majority of the members of the National Commission shall be individuals with disabilities representing a cross-section of individuals with different types of disabilities.
(ii) Appointment
Members of the National Commission shall be appointed as follows:
(I) Presidential appointees
Five members shall be appointed by the President, or, if the President delegates the authority to make the appointment, by the Secretary of Education.
(II) Senate appointees
Five members shall be appointed by the president pro tempore of the Senate, with the advice and approval of the Majority Leader and Minority Leader of the Senate.
(III) House of Representatives appointees
Five members shall be appointed by the Speaker of the House of Representatives with the advice and approval of the Majority Leader and Minority Leader of the House of Representatives.
(C) Term
Members shall be appointed for the life of the National Commission.
(D) Vacancies
Any vacancy in the National Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.
(E) Chairperson
The National Commission shall select a Chairperson from among its members.
(F) Meetings
The National Commission shall meet at the call of the Chairperson, but not less often than four times each year.
(G) Quorum
Ten members of the National Commission shall constitute a quorum.
(H) Committees
The Chairperson, upon approval by the National Commission, may establish such committees as the Chairperson determines to be necessary to fulfill the duties of the National Commission.
(2) Duties
(A) Studies and analyses
The National Commission shall conduct studies and analyses with respect to—
(i) the effectiveness of vocational rehabilitation and independent living services in enhancing the employment outcomes of individuals with disabilities;
(ii) the adequacy of research and training activities in fostering innovative approaches that further the employment of individuals with disabilities;
(iii) the capacity of supported employment and independent living services in promoting the integration of individuals with disabilities into the workplace and community;
(iv) methods for enhancing access to services authorized under this chapter by minorities who are individuals with disabilities and individuals with disabilities who are members of populations that have traditionally been unserved or underserved by programs under this chapter that provide such vocational rehabilitation services and independent living services;
(v) means for enhancing interagency coordination among Federal and State agencies to promote the maximization of employment-related programs, services, and benefits on behalf of individuals with disabilities; and
(vi) such other issues as the National Commission may identify as relevant to promoting the employment, independence, and integration of individuals with disabilities.
(B) Policy analyses
The National Commission shall conduct policy analyses to—
(i) develop options for improving fiscal equity in the allotment of grants under section 730 of this title;
(ii) provide guidance on implementing the order of selection described in section 721(a)(5)(A) of this title; and
(iii) address the shortage of rehabilitation professionals.
(C) Reports
(i) Interim report
Not later than January 30, 1995, the National Commission shall prepare and issue a comprehensive interim report to the President, the Committee on Education and Labor of the House of Representatives, and the Committee on Labor and Human Resources of the Senate, containing the results of the studies and analyses described in subparagraphs (A) and (B) and specific recommendations for amendments to this chapter needed to promote the provision of comprehensive vocational rehabilitation and independent living services on behalf of individuals with disabilities.
(ii) Final report
Not later than January 30, 1997, the National Commission shall prepare and issue a comprehensive final report to the President, the Committee on Education and Labor of the House of Representatives, and the Committee on Labor and Human Resources of the Senate, containing the results and recommendations described in clause (i).
(3) Powers
(A) Hearings
The National Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the National Commission determines to be necessary to carry out its functions.
(B) Information
(i) Federal entities
The National Commission may secure directly from any Federal department or agency such information (including statistics) as the National Commission considers necessary to carry out the functions of the National Commission. Upon request of the Chairperson of the National Commission, the head of such department or agency shall furnish such information to the National Commission.
(ii) Other entities
The National Commission may secure, directly or by contract or other means, such additional information as the National Commission determines to be necessary from universities, research institutions, foundations, State and local agencies, and other public or private agencies.
(C) Consultation
The National Commission is authorized to consult with—
(i) any organization representing individuals with disabilities;
(ii) public or private service providers;
(iii) Federal, State, and local agencies;
(iv) individual experts;
(v) institutions of higher education involved in the preparation of vocational rehabilitation services personnel; and
(vi) such other entities and persons as will aid the National Commission in carrying out its duties.
(4) Compensation and travel expenses
(A) Compensation
Each member of the National Commission who is not an officer or full-time employee of the Federal Government shall receive a payment of $150 for each day (including travel time) during which the member is engaged in the performance of duties for the National Commission. Members of the National Commission who are officers or full-time employees of the United States shall serve without compensation in addition to compensation received for their services as officers or employees of the United States.
(B) Travel expenses
Each member of the National Commission may receive travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, for employees serving intermittently in the Government service, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.
(5) Staff
(A) Appointment
(i) Staff director
The Chairperson of the National Commission may, without regard to provisions of title 5, governing appointments in the competitive service, appoint and terminate a staff director of the National Commission. The employment of the staff director shall be subject to confirmation by the National Commission. The staff director shall be appointed from among individuals who are experienced in the planning, administration, or operation of vocational rehabilitation and independent living services or programs.
(ii) Additional personnel
The staff director of the National Commission may, without regard to provisions of title 5 governing appointments in the competitive service, appoint and terminate such additional personnel as may be necessary, but not more than ten full-time equivalent positions, to enable the National Commission to carry out its duties.
(B) Compensation
The Chairperson of the National Commission may fix the compensation of the staff director, and the staff director may fix the compensation of the additional personnel, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, except that the rate of pay for the staff director and other personnel may not exceed the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5.
(6) Cooperation
The heads of all Federal agencies are, to the extent not prohibited by law, directed to cooperate with the National Commission in carrying out its duties. The National Commission may utilize the services, personnel, information, and facilities of other Federal, State, local, and private agencies with or without reimbursement, upon the consent of the heads of such agencies.
(7) Detail of Government employees
Any Federal Government employee may be detailed to the National Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(8) Termination
The National Commission shall terminate not later than 90 days following the submission of the final report as described in paragraph (2)(C)(ii).
The Commissioner may award grants to public or nonprofit agencies and organizations to establish model personal assistance services systems and other innovative service programs to maximize the full inclusion and integration into society, employment, independent living, and economic and social self-sufficiency of individuals with disabilities.
(1) Grants
Consistent with the purposes of section 795g of this title, the Commissioner may make grants to partnerships or consortia that include private business concerns or industries to pay for the Federal share of developing and carrying out model demonstration projects for workers with disabilities who need new or upgraded skills to adapt to emerging technologies, work methods, and markets and to ensure that such individuals possess the knowledge and skills necessary to compete in the workplace.
(2) Period
Grants made under this subsection shall be for 3-year periods.
(3) Application
Any partnership or consortia desiring to receive a grant under this subsection shall submit an application to the Commissioner at such time, in such manner, and containing such information and assurances as the Commissioner may require, including—
(A) information identifying at least one member of the partnership or consortium that is a private business concern or industry; and
(B) assurances that—
(i) each member of the eligible partnership or consortium will pay a portion of the non-Federal share of the cost of developing and carrying out the project;
(ii) the partnership or consortium will carry out all of the activities described in subparagraphs (A) through (E) of section 795g(a)(2) of this title;
(iii) the partnership or consortium will disseminate information on the model program conducted;
(iv) the partnership or consortium will utilize, if available, job skill standards established jointly by management and labor to assist in evaluating the job skills of an individual and assessing the skills that are needed for the individual to compete in the workplace;
(v) the partnership or consortium will prepare and submit an evaluation report containing data specified by the Commissioner at the end of each project year; and
(vi) the partnership or consortium will take such steps as are necessary to continue the activities of the project after the period for which Federal assistance is sought.
(4) “Workers with disabilities” defined
For the purposes of this subsection, the term “workers with disabilities” shall mean individuals with disabilities who are working in competitive employment and who need new or upgraded skills to improve their employment and career advancement opportunities.
The Commissioner may award grants to public or nonprofit agencies and organizations to establish model systems of comprehensive service delivery to individuals with severe disabilities, other than spinal cord injuries, requiring a multidisciplinary system of providing vocational and other rehabilitation services, where the Commissioner determines that the development of such systems is needed.
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)(5), 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.
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (h)(5)(A), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.
Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Economic and Educational Opportunities of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.