§ 772. — Training.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC772]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER III--PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS
Sec. 772. Training
(a) Grants and contracts for personnel training
(1) Authority
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 services,
through supported employment programs, to individuals with a
most significant disability; and
(F) personnel specifically trained to deliver services to
individuals with disabilities pursuing self-employment, business
ownership, and telecommuting; and
(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.
(2) Authority to provide scholarships
Grants and contracts under paragraph (1) may be expended for
scholarships and may include necessary stipends and allowances.
(3) Related Federal statutes
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) Training for statewide workforce systems personnel
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 title I of the Workforce Investment Act of 1998
[29 U.S.C. 2801 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 investment system; or
(B) to assist individuals with disabilities seeking
assistance through one-stop delivery systems described in
section 134(c) of the Workforce Investment Act of 1998 [29
U.S.C. 2864(c)].
(5) Joint funding
Training and other activities provided under paragraph (4) for
personnel may be jointly funded with the Department of Labor, using
funds made available under title I of the Workforce Investment Act
of 1998 [29 U.S.C. 2801 et seq.].
(b) Grants and contracts for academic degrees and academic certificate
granting training projects
(1) Authority
(A) In general
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) of this section to have
shortages of qualified personnel.
(B) Types of projects
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,
or prosthetics and orthotics;
(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) Application
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) Limitation
(A) In general
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) Exception
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) Authority to provide scholarships
Grants and contracts under paragraph (1) may be expanded to
provide services that include the provision of scholarships and
necessary stipends and allowances.
(5) Agreements
(A) Contents
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,
within a period, beginning after the recipient completes the
training for which the scholarship was awarded, of not more
than the sum of the number of years in the period described
in subclause (III) and 2 additional years; and
(ii) repay all or part of any scholarship received, plus
interest, if the individual does not fulfill the
requirements of clause (i),
except as the Commissioner by regulation may provide for
repayment exceptions and deferrals.
(B) Enforcement
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) Grants to historically Black colleges and universities
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) Application
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) Evaluation and collection of data
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) Grants for the training of interpreters
(1) Authority
(A) In general
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) Geographic areas
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) Priority
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) Funding
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) Application
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) Technical assistance and in-service training
(1) Technical assistance
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.
(2) Compensation
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.
(3) In-service training of rehabilitation personnel
(A) Projects
Subject to subparagraph (B), at least 15 percent of the sums
appropriated to carry out this section shall be allocated to
designated State agencies to be used, directly or indirectly,
for projects for in-service training for rehabilitation
personnel, consistent with the needs identified through the
comprehensive system for personnel development required by
section 721(a)(7) of this title, including projects designed--
(i) to address recruitment and retention of qualified
rehabilitation professionals;
(ii) to provide for succession planning;
(iii) to provide for leadership development and capacity
building; and
(iv) for fiscal years 1999 and 2000, to provide training
regarding the Workforce Investment Act of 1998 and the
amendments to this chapter made by the Rehabilitation Act
Amendments of 1998.
(B) Limitation
If the allocation to designated State agencies required by
subparagraph (A) would result in a lower level of funding for
projects being carried out on August 7, 1998, by other
recipients of funds under this section, the Commissioner may
allocate less than 15 percent of the sums described in
subparagraph (A) to designated State agencies for such in-
service training.
(h) Provision of information
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) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as may be necessary for each of the fiscal years 1999 through
2003.
(Pub. L. 93-112, title III, Sec. 302, as added Pub. L. 105-220, title
IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1184.)
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, as amended.
Title I of the Act is classified generally to subchapter I (Sec. 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 (Sec. 401 et seq.) and
XVI (Sec. 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 Investment Act of 1998, referred to in subsecs.
(a)(4), (5) and (g)(3)(A)(iv), is Pub. L. 105-220, Aug. 7, 1998, 112
Stat. 936, as amended. Title I of the Act is classified principally to
chapter 30 (Sec. 2801 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 9201 of Title 20, Education, and Tables.
The Rehabilitation Act Amendments of 1998, referred to in subsec.
(g)(3)(A)(iv), is title IV of Pub. L. 105-220, Aug. 7, 1998, 112 Stat.
1092. For complete classification of this Act to the Code, see Short
Title of 1998 Amendment note set out under section 701 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, Sec. 303, formerly
Sec. 302, Sept. 26, 1973, 87 Stat. 378; Pub. L. 93-516, title I,
Sec. 105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651, title I,
Sec. 105, Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230, Secs. 5,
11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 95-602, title I,
Secs. 112(b), 122(c)(3), Nov. 6, 1978, 92 Stat. 2968, 2987; Pub. L. 98-
221, title I, Sec. 132, Feb. 22, 1984, 98 Stat. 24; Pub. L. 99-506,
title I, Sec. 103(d)(2)(C), title IV, Sec. 402, title X,
Sec. 1001(d)(1), Oct. 21, 1986, 100 Stat. 1810, 1824, 1842; Pub. L. 100-
630, title II, Sec. 204(b), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102-
52, Sec. 4(b), June 6, 1991, 105 Stat. 261; renumbered Sec. 303 and
amended Pub. L. 102-569, title I, Sec. 102(p)(16), title III,
Secs. 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.
