§772 — Title 29 Labor | U.S. Code

Summary

Pays part of the cost for training programs by giving grants and contracts to States, public or nonprofit groups, and colleges. The money can pay for training, traineeships, technical help, scholarships, and stipends. It is for people who provide vocational, medical, social, or psychological rehabilitation and related services to people with disabilities. That includes staff who help with job development and placement, assess needs (including rehabilitation technology), independent living, client assistance, supported and customized employment, self-employment or telecommuting, assistive technology, and other related work. The Commissioner can fund training about certain federal laws (including section 794, title I of the ADA, and titles II and XVI of the Social Security Act) and can train staff who work under subtitle B of title I of the Workforce Innovation and Opportunity Act; some training can be jointly funded with the Department of Labor. Academic degree or certificate programs are allowed and must focus on areas with staff shortages. Grants for academic study normally cannot pay for more than 4 years per person unless a disability slows completion. Scholarships for academic years starting after June 1, 1992 must include an agreement to work in approved public or nonprofit rehabilitation settings for at least 2 years of full-time work for each year of assistance, or repay the money with interest; the Commissioner enforces these agreements. Grants must be open to historically Black colleges and universities and schools with at least 50% minority enrollment, and applicants must describe how they will recruit people from diverse and linguistically or culturally varied backgrounds. The Commissioner also can fund interpreter training for people who are deaf, hard of hearing, or deaf-blind, giving priority to proven programs and spreading grants across the country. Technical help can be given to State agencies and community rehab programs to promote competitive, integrated employment. Experts hired under these programs cannot be paid more than the daily equivalent of the pay for level 4 of the Senior Executive Service under section 5382 of title 5. The Commissioner must collect data on training needs and shortages and send a report to Congress by September 30 each year about how training funds were used and how future funds should be allocated. Authorized appropriations are $33,657,000 for FY2015; $36,257,000 for FY2016; $37,009,000 for FY2017; $37,830,000 for FY2018; $38,719,000 for FY2019; and $39,540,000 for FY2020.

Title 29, §772

Labor — Source: USLM XML via OLRC

(a)(1)The Commissioner shall make grants to, and enter into contracts with, States and public or nonprofit agencies and organizations (including institutions of higher education) to pay part of the cost of projects to provide training, traineeships, and related activities, including the provision of technical assistance, that are designed to assist in increasing the numbers of, and upgrading the skills of, qualified personnel (especially rehabilitation counselors) who are trained in providing vocational, medical, social, and psychological rehabilitation services, who are trained to assist individuals with communication and related disorders, who are trained to provide other services provided under this chapter, to individuals with disabilities, and who may include—

(A)personnel specifically trained in providing employment assistance to individuals with disabilities through job development and job placement services;

(B)personnel specifically trained to identify, assess, and meet the individual rehabilitation needs of individuals with disabilities, including needs for rehabilitation technology;

(C)personnel specifically trained to deliver services to individuals who may benefit from receiving independent living services;

(D)personnel specifically trained to deliver services in the client assistance programs;

(E)personnel specifically trained to deliver supported employment services and customized employment services to individuals with the most significant disabilities;

(F)personnel specifically trained to deliver services to individuals with disabilities pursuing self-employment, business ownership, and telecommuting;

(G)personnel trained in performing other functions necessary to the provision of vocational, medical, social, and psychological rehabilitation services, and other services provided under this chapter; and

(H)personnel trained in providing assistive technology services.

(2)Grants and contracts under paragraph (1) may be expended for scholarships and may include necessary stipends and allowances.

(3)In carrying out this subsection, the Commissioner may make grants to and enter into contracts with States and public or nonprofit agencies and organizations, including institutions of higher education, to furnish training regarding provisions of Federal statutes, including section 794 of this title, title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), and the provisions of titles II and XVI of the Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.), that are related to work incentives for individuals with disabilities.

(4)The Commissioner may make grants to and enter into contracts under this subsection with States and public or nonprofit agencies and organizations, including institutions of higher education, to furnish training to personnel providing services to individuals with disabilities under subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151 et seq.]. Under this paragraph, personnel may be trained—

(A)in evaluative skills to determine whether an individual with a disability may be served by the State vocational rehabilitation program or another component of a statewide workforce development system; or

(B)to assist individuals with disabilities seeking assistance through one-stop delivery systems described in section 121(e) of the Workforce Innovation and Opportunity Act [28 U.S.C. 3151(e)].

(5)Training and other activities provided under paragraph (4) for personnel may be jointly funded with the Department of Labor, using funds made available under subtitle B of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151 et seq.].

(b)(1)(A)The Commissioner may make grants to, and enter into contracts with, States and public or nonprofit agencies and organizations (including institutions of higher education) to pay part of the costs of academic training projects to provide training that leads to an academic degree or academic certificate. In making such grants or entering into such contracts, the Commissioner shall target funds to areas determined under subsection (e) to have shortages of qualified personnel.

(B)Academic training projects described in this subsection may include—

(i)projects to train personnel in the areas of assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting, and of vocational rehabilitation counseling, rehabilitation technology, rehabilitation medicine, rehabilitation nursing, rehabilitation social work, rehabilitation psychiatry, rehabilitation psychology, rehabilitation dentistry, physical therapy, occupational therapy, speech pathology and audiology, physical education, therapeutic recreation, community rehabilitation programs, prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or low vision therapy;

(ii)projects to train personnel to provide—

(I)services to individuals with specific disabilities or individuals with disabilities who have specific impediments to rehabilitation, including individuals who are members of populations that are unserved or underserved by programs under this chapter;

(II)job development and job placement services to individuals with disabilities;

(III)supported employment services, including services of employment specialists for individuals with disabilities;

(IV)specialized services for individuals with significant disabilities; or

(V)recreation for individuals with disabilities;

(iii)projects to train personnel in other fields contributing to the rehabilitation of individuals with disabilities; and

(iv)projects to train personnel in the use, applications, and benefits of rehabilitation technology.

(2)No grant shall be awarded or contract entered into under this subsection unless the applicant has submitted to the Commissioner an application at such time, in such form, in accordance with such procedures, and including such information as the Secretary may require, including—

(A)a description of how the designated State unit or units will participate in the project to be funded under the grant or contract, including, as appropriate, participation on advisory committees, as practicum sites, in curriculum development, and in other ways so as to build closer relationships between the applicant and the designated State unit and to encourage students to pursue careers in public vocational rehabilitation programs;

(B)the identification of potential employers that provide employment that meets the requirements of paragraph (5)(A)(i); and

(C)an assurance that data on the employment of graduates or trainees who participate in the project is accurate.

(3)(A)Except as provided in subparagraph (B), no grant or contract under this subsection may be used to provide any one course of study to an individual for a period of more than 4 years.

(B)If a grant or contract recipient under this subsection determines that an individual has a disability which seriously affects the completion of training under this subsection, the grant or contract recipient may extend the period referred to in subparagraph (A).

(4)Grants and contracts under paragraph (1) may be expanded to provide services that include the provision of scholarships and necessary stipends and allowances.

(5)(A)A recipient of a grant or contract under this subsection shall provide assurances to the Commissioner that each individual who receives a scholarship, for any academic year beginning after June 1, 1992, utilizing funds provided under such grant or contract shall enter into an agreement with the recipient under which the individual shall—

(i)maintain employment—

(I)in a nonprofit rehabilitation agency or related agency or in a State rehabilitation agency or related agency, including a professional corporation or professional practice group through which the individual has a service arrangement with the designated State agency;

(II)on a full- or part-time basis; and

(III)for a period of not less than the full-time equivalent of 2 years for each year for which assistance under this section was received by the individual,

(ii)repay all or part of any scholarship received, plus interest, if the individual does not fulfill the requirements of clause (i),

(B)The Commissioner shall be responsible for the enforcement of each agreement entered into under subparagraph (A) upon completion of the training involved under such subparagraph.

(c)The Commissioner, in carrying out this section, shall make grants to historically Black colleges and universities and other institutions of higher education whose minority student enrollment is at least 50 percent of the total enrollment of the institution.

(d)A grant may not be awarded to a State or other organization under this section unless the State or organization has submitted an application to the Commissioner at such time, in such form, in accordance with such procedures, and containing such information as the Commissioner may require. Any such application shall include a detailed description of strategies that will be utilized to recruit and train individuals so as to reflect the diverse populations of the United States as part of the effort to increase the number of individuals with disabilities, and individuals who are from linguistically and culturally diverse backgrounds, who are available to provide rehabilitation services.

(e)The Commissioner shall evaluate the impact of the training programs conducted under this section, and collect information on the training needs of, and data on shortages of qualified personnel necessary to provide services to individuals with disabilities. The Commissioner shall prepare and submit to Congress, by September 30 of each fiscal year, a report setting forth and justifying in detail how the funds made available for training under this section for the fiscal year prior to such submission are allocated by professional discipline and other program areas. The report shall also contain findings on such personnel shortages, how funds proposed for the succeeding fiscal year will be allocated under the President’s budget proposal, and how the findings on personnel shortages justify the allocations.

(f)(1)(A)For the purpose of training a sufficient number of qualified interpreters to meet the communications needs of individuals who are deaf or hard of hearing, and individuals who are deaf-blind, the Commissioner, acting through a Federal office responsible for deafness and communicative disorders, may award grants to public or private nonprofit agencies or organizations to pay part of the costs—

(i)for the establishment of interpreter training programs; or

(ii)to enable such agencies or organizations to provide financial assistance for ongoing interpreter training programs.

(B)The Commissioner shall award grants under this subsection for programs in geographic areas throughout the United States that the Commissioner considers appropriate to best carry out the objectives of this section.

(C)In awarding grants under this subsection, the Commissioner shall give priority to public or private nonprofit agencies or organizations with existing programs that have a demonstrated capacity for providing interpreter training services.

(D)The Commissioner may award grants under this subsection through the use of—

(i)amounts appropriated to carry out this section; or

(ii)pursuant to an agreement with the Director of the Office of the Special Education Program (established under section 1402 of title 20), amounts appropriated under section 1486 of title 20.

(2)A grant may not be awarded to an agency or organization under paragraph (1) unless the agency or organization has submitted an application to the Commissioner at such time, in such form, in accordance with such procedures, and containing such information as the Commissioner may require, including—

(A)a description of the manner in which an interpreter training program will be developed and operated during the 5-year period following the date on which a grant is received by the applicant under this subsection;

(B)a demonstration of the applicant’s capacity or potential for providing training for interpreters for individuals who are deaf or hard of hearing, and individuals who are deaf-blind;

(C)assurances that any interpreter trained or retrained under a program funded under the grant will meet such minimum standards of competency as the Commissioner may establish for purposes of this subsection; and

(D)such other information as the Commissioner may require.

(g)(1)The Commissioner is authorized to provide technical assistance to State designated agencies and community rehabilitation programs, directly or through contracts with State designated agencies or nonprofit organizations. Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities.

(2)An expert or consultant appointed or serving under contract pursuant to this section shall be compensated at a rate, subject to approval of the Commissioner, that shall not exceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5. Such an expert or consultant may be allowed travel and transportation expenses in accordance with section 5703 of title 5.

(h)The Commissioner, subject to the provisions of section 776 of this title, may require that recipients of grants or contracts under this section provide information, including data, with regard to the impact of activities funded under this section.

(i)There are authorized to be appropriated to carry out this section $33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Americans with Disabilities Act of 1990, referred to in subsec. (a)(3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327. Title I of the Act is classified generally to subchapter I (§ 12111 et seq.) of chapter 126 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 12101 of Title 42 and Tables. The Social Security Act, referred to in subsec. (a)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(4) and (5), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Subtitle B of title I of the Act is classified generally to part B (§ 3151 et seq.) of subchapter I of chapter 32 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of this title and Tables.

Prior Provisions

Provisions similar to this section were contained in section 771a of this title prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 772, Pub. L. 93–112, title III, § 303, formerly § 302, Sept. 26, 1973, 87 Stat. 378; Pub. L. 93–516, title I, § 105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 105, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 5, 11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 95–602, title I, §§ 112(b), 122(c)(3), Nov. 6, 1978, 92 Stat. 2968, 2987; Pub. L. 98–221, title I, § 132, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV, § 402, title X, § 1001(d)(1), Oct. 21, 1986, 100 Stat. 1810, 1824, 1842; Pub. L. 100–630, title II, § 204(b), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102–52, § 4(b), June 6, 1991, 105 Stat. 261; renumbered § 303 and amended Pub. L. 102–569, title I, § 102(p)(16), title III, §§ 301(b)(3), 303, Oct. 29, 1992, 106 Stat. 4358, 4411, 4416, related to vocational rehabilitation services for individuals with disabilities, prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 302 of Pub. L. 93–112 was classified to section 771a of this title prior to the general amendment of this subchapter by Pub. L. 105–220.

Amendments

2014—Subsec. (a)(1)(E). Pub. L. 113–128, § 441(b)(1)(A)(i), substituted “supported employment services and customized employment services to individuals with the most significant disabilities;” for “services, through supported employment programs, to individuals with a most significant disability; and”. Subsec. (a)(1)(H). Pub. L. 113–128, § 441(b)(1)(A)(ii)–(iv), added subpar. (H). Subsec. (a)(4). Pub. L. 113–128, § 441(b)(1)(B)(i), substituted “subtitle B of title I of the Workforce Innovation and Opportunity Act” for “title I of the Workforce Investment Act of 1998” in introductory provisions. Subsec. (a)(4)(A). Pub. L. 113–128, § 441(b)(1)(B)(ii), substituted “workforce development system” for “workforce investment system”. Subsec. (a)(4)(B). Pub. L. 113–128, § 441(b)(1)(B)(iii), substituted “section 121(e) of the Workforce Innovation and Opportunity Act.” for “section 134(c) of the Workforce Investment Act of 1998.” Subsec. (a)(5). Pub. L. 113–128, § 441(b)(1)(C), substituted “subtitle B of title I of the Workforce Innovation and Opportunity Act” for “title I of the Workforce Investment Act of 1998”. Subsec. (b)(1)(B)(i). Pub. L. 113–128, § 441(b)(2), substituted “prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or low vision therapy” for “or prosthetics and orthotics”. Subsec. (g). Pub. L. 113–128, § 441(b)(3)(A), struck out “and in-service training” after “assistance” in heading. Subsec. (g)(1). Pub. L. 113–128, § 441(b)(3)(B), inserted after period at end “Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities.” Subsec. (g)(3). Pub. L. 113–128, § 441(b)(3)(C), struck out par. (3) which related to use of funding for projects for in-service training for rehabilitation personnel. Subsec. (h). Pub. L. 113–128, § 441(b)(4), made technical amendment to reference in original act which appears in text as reference to section 776 of this title. Subsec. (i). Pub. L. 113–128, § 441(b)(5), substituted “$33,657,000 for fiscal year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal year 2019, and $39,540,000 for fiscal year 2020.” for “such sums as may be necessary for each of the fiscal years 1999 through 2003.” 2004—Subsec. (f)(1)(D)(ii). Pub. L. 108–446 made technical amendment to reference in original act which appears in text as reference to section 1402 of title 20.

§772 Training

Summary

Title 29, §772

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Prior Provisions

Amendments

Citations & Metadata