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Title 29 — Labor

Part C · Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services

§ 741. Vocational rehabilitation services grants

Statutory text

(a)

Governing bodies of Indian tribes; amount; non-Federal share

The Commissioner, in accordance with the provisions of this part, may make grants to the governing bodies of Indian tribes located on Federal and State reservations (and consortia of such governing bodies) to pay 90 percent of the costs of vocational rehabilitation services for American Indians who are individuals with disabilities residing on or near such reservations (referred to in this section as “eligible individuals”), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency. The non-Federal share of such costs may be in cash or in kind, fairly valued, and the Commissioner may waive such non-Federal share requirement in order to carry out the purposes of this chapter.

(b)

Application; effective period; continuation of programs and services; separate service delivery systems

(1)

No grant may be made under this part for any fiscal year unless an application therefor has been submitted to and approved by the Commissioner. The Commissioner may not approve an application unless the application—

(A)

is made at such time, in such manner, and contains such information as the Commissioner may require;

(B)

contains assurances that the rehabilitation services provided under this part to American Indians who are individuals with disabilities residing on or near a reservation in a State shall be, to the maximum extent feasible, comparable to rehabilitation services provided under this subchapter to other individuals with disabilities residing in the State and that, where appropriate, may include services traditionally used by Indian tribes;

(C)

contains assurances that the application was developed in consultation with the designated State unit of the State; and

(D)

contains assurances that—

(i)

all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this subchapter, be made by a representative of the tribal vocational rehabilitation program funded through the grant; and

(ii)

such decisions will not be delegated to another agency or individual.

(2)

The provisions of sections 5305, 5306, 5307, and 5321(a) of title 25 shall be applicable to any application submitted under this part. For purposes of this paragraph, any reference in any such provision to the Secretary of Education or to the Secretary of the Interior shall be considered to be a reference to the Commissioner.

(3)

Any application approved under this part shall be effective for not more than 60 months, except as determined otherwise by the Commissioner pursuant to prescribed regulations. The State shall continue to provide vocational rehabilitation services under its State plan to American Indians residing on or near a reservation whenever such State includes any such American Indians in its State population under section 730(a)(1) of this title.

(4)

In making grants under this part, the Secretary shall give priority consideration to applications for the continuation of programs which have been funded under this part.

(5)

Nothing in this section may be construed to authorize a separate service delivery system for Indian residents of a State who reside in non-reservation areas.

(c)

Funds reserved for training and technical assistance

(1)

From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year.

(2)

From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs.

(3)

The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or cooperative agreements.

(4)

To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, 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 applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section.

(d)

“Reservation” defined

The term “reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Rehabilitation Act of 1973

    Pub. L. 93–112 title I § 121 · 87 Stat. 355

    Enacted · 29 U.S.C. § 741

    Pub. L. 93–112, title I, § 121, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1166

    Source evidence

    Code source credit
    Pub. L. 93–112, title I, § 121, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1166

    Enacted provision · exact public law section
    Sec. 121. payments to states (a) From each State’s allotment tinder this part for any fiscal year, the Secretary shall pay to such State or, at the option of the State agency designated pursuant to section 101(a) (1), to a public Ante, p. 363. or nonprofit organization or agency, a portion of the cost of planning, preparing for, and initiating special programs under the State plan approved pursuant to section 101 to expand vocational rehabilitation services, including programs to initiate or expand such services to individuals with the most severe handicaps, or of special programs under such State plan to initiate or expand services to classes of handicapped individuals who have unusual and difficult problems in connection with their rehabilitation, particularly handicapped individuals who are poor, mid responsibility for whose treatment, education, and rehabilitation is shared by the State agency designated in section 101 with other agencies. The Secretary may require, that any portion of a State’s allotment under this section, but not more than 50 per centum of such allotment, may be expended in connection with only such projects as have, first been approved by the Secretary. Any grant of funds under this section which will be used for direct services to handicapped individuals or for establishing or maintaining facilities which will render direct services to such individuals must have the prior approval of the appropriate State agency designated pursuant to section 101. (c) Payments under this section with respect to any project may be made for a period of not to exceed three years beginning with the commencement of the project as approved, and sums appropriated for grants under this section shall remain available for such grants through the fiscal year ending June 30, 1970. Payments with respect to any project may not exceed 90 per centum of the cost, of such project. The non-Federal share of the cost of a project may be in cash or in kind and may include funds spent for project purposes by a cooperating public or nonprofit agency provided that it is not included as a cost in any other federally financed program. (d) Payments under this section may be made in advance or by way of reimbursement for services performed and purchases made, as may be determined by the Secretary, and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of this section.

  2. Pub. L. 105–277 div. A § 101(f)(tVIII)(s402)(b)(10) · 112 Stat. 2681

    Amended · 29 U.S.C. § 741

    Pub. L. 105–277 made technical amendment to section designation and catchline in original

    Source evidence

    Code amendment note
    Pub. L. 105–277 made technical amendment to section designation and catchline in original.

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

  3. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 423(1) · 128 Stat. 1425

    Inserted · 29 U.S.C. § 741(a)

    Pub. L. 113–128, § 423(1), inserted “(referred to in this section as ‘eligible individuals’), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency” after “on or near such reservations”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–128, § 423(1), inserted “(referred to in this section as ‘eligible individuals’), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency” after “on or near such reservations”.

    Enacted provision · exact public law section
    (1) in subsection (a), in the first sentence, by inserting before the period the following: “(referred to in this section as ‘eligible individuals’), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency”;

  4. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 423(2) · 128 Stat. 1425

    Added · 29 U.S.C. § 741(b)(1)(D)

    Pub. L. 113–128, § 423(2), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 113–128, § 423(2), added subpar. (D).

    Enacted provision · exact public law section
    (2) in subsection (b)(1)— (A) in subparagraph (B), by striking “and” at the end; (B) in subparagraph (C), by striking the period and inserting “; and”; and (C) by adding at the end the following: “(D) contains assurances that— “(i) all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this title, be made by a representative of the tribal vocational rehabilitation program funded through the grant; and “(ii) such decisions will not be delegated to another agency or individual.” ;

  5. Workforce Innovation and Opportunity Act

    Pub. L. 113–128 § 423(3) · 128 Stat. 1425

    1. Added · 29 U.S.C. § 741(c); 29 U.S.C. § 741(d)

      Pub. L. 113–128, § 423(3), (4), added subsec. (c)

    2. Redesignated · 29 U.S.C. § 741(c); 29 U.S.C. § 741(d)

      Pub. L. 113–128, § 423(3), (4), redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 113–128, § 423(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (3) by redesignating subsection (c) as subsection (d); and

6 of 6 references resolved to an enrolled provision

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in subsec. (d), is Pub. L. 92–203, , 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Prior Provisions

Prior sections 741 to 744 and 750 were omitted in the general amendment of this subchapter by Pub. L. 105–220.

Section 741, Pub. L. 93–112, title I, § 121, as added Pub. L. 102–569, title I, § 134(a), , 106 Stat. 4392, related to contents of strategic plans.

Another prior section 741, Pub. L. 93–112, title I, § 121, , 87 Stat. 373; Pub. L. 93–516, title I, § 102(c), , 88 Stat. 1618; Pub. L. 93–651, title I, § 102(c), , 89 Stat. 2–3; Pub. L. 94–230, § 2(c), , 90 Stat. 211; Pub. L. 95–602, title I, §§ 101(e)(2), 122(b), , 92 Stat. 2957, 2987; Pub. L. 98–221, title I, § 114, , 98 Stat. 23; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 210, , 100 Stat. 1810, 1819; Pub. L. 100–630, title II, § 202(h), , 102 Stat. 3306; Pub. L. 102–52, § 2(b)(2), , 105 Stat. 260, related to payments to States for planning, preparing, and initiating special programs under approved State plans and payments for the costs of constructing facilities to be used in providing services under such State plans, prior to the general amendment of part C of former subchapter I of this chapter by Pub. L. 102–569.

Section 742, Pub. L. 93–112, title I, § 122, as added Pub. L. 102–569, title I, § 134(a), , 106 Stat. 4393, related to process for developing strategic plans.

Section 743, Pub. L. 93–112, title I, § 123, as added Pub. L. 102–569, title I, § 134(a), , 106 Stat. 4393, related to use of funds.

Section 744, Pub. L. 93–112, title I, § 124, as added Pub. L. 102–569, title I, § 134(a), , 106 Stat. 4395; amended Pub. L. 103–73, title I, § 107(h), , 107 Stat. 723, related to allotments among States.

Section 750, Pub. L. 93–112, title I, § 130, , 87 Stat. 374; Pub. L. 93–516, title I, § 111(g), , 88 Stat. 1621; Pub. L. 93–651, title I, § 111(g), , 89 Stat. 2–6; Pub. L. 95–602, title I, § 106, , 92 Stat. 2960; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 211, title X, § 1002(b)(1), , 100 Stat. 1810, 1819, 1844; Pub. L. 100–630, title II, § 202(i), , 102 Stat. 3306; Pub. L. 102–569, title I, § 102(p)(11), , 106 Stat. 4357, related to American Indian vocational rehabilitation services grants.

Amendments1998–2014 · 2 rounds

2014

Subsec. (a). Pub. L. 113–128, § 423(1), inserted “(referred to in this section as ‘eligible individuals’), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency” after “on or near such reservations”.

Subsec. (b)(1)(D). Pub. L. 113–128, § 423(2), added subpar. (D).

Subsecs. (c), (d). Pub. L. 113–128, § 423(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).

1998

Pub. L. 105–277 made technical amendment to section designation and catchline in original.

Credits

1998–2014 · 3 acts
  1. 1998Pub. L. 93–112, title I, § 121, as added Pub. L. 105–220, title IV, § 404, , 112 Stat. 1166
  2. 1998amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(10)], , 112 Stat. 2681–337, 2681–413
  3. 2014Pub. L. 113–128, title IV, § 423, , 128 Stat. 1659.
Show as published

(Pub. L. 93–112, title I, § 121, as added Pub. L. 105–220, title IV, § 404, , 112 Stat. 1166; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(10)], , 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 423, , 128 Stat. 1659.)

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