§ 773. — Demonstration and training programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC773]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER III--PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND
DEMONSTRATIONS
Sec. 773. Demonstration and training programs
(a) Demonstration projects to increase client choice
(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 entity 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 entity 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--
(A) the diversity of strategies used to increase client
choice, including selection among qualified service providers;
(B) the geographic distribution of projects; and
(C) the 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 may 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 section 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 705(20)(A) of this title, who
is not currently receiving services under an individualized plan
for employment established through a designated State unit.
(b) Special demonstration programs
(1) Grants; contracts
The Commissioner, subject to the provisions of section 776 of
this title, may provide grants to, or enter into contracts with,
eligible entities to pay all or part of the cost of programs that
expand and improve the provision of rehabilitation and other
services authorized under this chapter or that further the purposes
of the chapter, including related research and evaluation
activities.
(2) Eligible entities; terms and conditions
(A) Eligible entities
To be eligible to receive a grant, or enter into a contract,
under paragraph (1), an entity shall be a State vocational
rehabilitation agency, community rehabilitation program, Indian
tribe or tribal organization, or other public or nonprofit
agency or organization, or as the Commissioner determines
appropriate, a for-profit organization. The Commissioner may
limit competitions to one or more types of organizations
described in this subparagraph.
(B) Terms and conditions
A grant or contract under paragraph (1) shall contain such
terms and conditions as the Commissioner may require.
(3) Application
An eligible entity that desires to receive a grant, or enter
into a contract, under paragraph (1) shall submit an application to
the Secretary at such time, in such form, and containing such
information and assurances as the Commissioner may require,
including, if the Commissioner determines appropriate, a description
of how the proposed project or demonstration program--
(A) is based on current research findings, which may include
research conducted by the National Institute on Disability and
Rehabilitation Research, the National Institutes of Health, and
other public or private organizations; and
(B) is of national significance.
(4) Types of projects
The programs that may be funded under this subsection may
include--
(A) special projects and demonstrations of service delivery;
(B) model demonstration projects;
(C) technical assistance projects;
(D) systems change projects;
(E) special studies and evaluations; and
(F) dissemination and utilization activities.
(5) Priority for competitions
(A) In general
In announcing competitions for grants and contracts under
this subsection, the Commissioner shall give priority
consideration to--
(i) special projects and demonstration programs of
service delivery for adults who are either low-functioning
and deaf or low-functioning and hard of hearing;
(ii) supported employment, including community-based
supported employment programs to meet the needs of
individuals with the most significant disabilities or to
provide technical assistance to States and community
organizations to improve and expand the provision of
supported employment services; and
(iii) model transitional planning services for youths
with disabilities.
(B) Additional competitions
In announcing competitions for grants and contracts under
this subsection, the Commissioner may require that applicants
address one or more of the following:
(i) Age ranges.
(ii) Types of disabilities.
(iii) Types of services.
(iv) Models of service delivery.
(v) Stage of the rehabilitation process.
(vi) The needs of underserved populations, unserved and
underserved areas, individuals with significant
disabilities, low-incidence disability population or
individuals residing in federally designated empowerment
zones and enterprise communities.
(vii) Expansion of employment opportunities for
individuals with disabilities.
(viii) Systems change projects to promote meaningful
access of individuals with disabilities to employment-
related services under title I of the Workforce Investment
Act of 1998 [29 U.S.C. 2801 et seq.] and under other Federal
laws.
(ix) Innovative methods of promoting achievement of
high-quality employment outcomes.
(x) The demonstration of the effectiveness of early
intervention activities in improving employment outcomes.
(xi) Alternative methods of providing affordable
transportation services to individuals with disabilities who
are employed, seeking employment, or receiving vocational
rehabilitation services from public or private organizations
and who reside in geographic areas in which public
transportation or paratransit service is not available.
(6) Use of funds for continuation awards
The Commissioner may use funds made available to carry out this
section for continuation awards for projects that were funded under
sections 711 and 777a of this title (as such sections were in effect
on the day before August 7, 1998).
(c) Parent information and training program
(1) Grants
The Commissioner is authorized to make grants to private
nonprofit organizations for the purpose of establishing programs to
provide training and information to enable individuals with
disabilities, and the parents, family members, guardians, advocates,
or other authorized representatives of the individuals to
participate more effectively with professionals in meeting the
vocational, independent living, and rehabilitation needs of
individuals with disabilities. Such grants shall be designed to meet
the unique training and information needs of the individuals
described in the preceding sentence, who live in the area to be
served, particularly those who are members of populations that have
been unserved or underserved by programs under this chapter.
(2) Use of grants
An organization that receives a grant to establish training and
information programs under this subsection shall use the grant to
assist individuals with disabilities, and the parents, family
members, guardians, advocates, or authorized representatives of the
individuals--
(A) to better understand vocational rehabilitation and
independent living programs and services;
(B) to provide followup support for transition and
employment programs;
(C) to communicate more effectively with transition and
rehabilitation personnel and other relevant professionals;
(D) to provide support in the development of the
individualized plan for employment;
(E) to provide support and expertise in obtaining
information about rehabilitation and independent living
programs, services, and resources that are appropriate; and
(F) to understand the provisions of this chapter,
particularly provisions relating to employment, supported
employment, and independent living.
(3) Award of grants
The Commissioner shall ensure that grants under this
subsection--
(A) shall be distributed geographically to the greatest
extent possible throughout all States; and
(B) shall be targeted to individuals with disabilities, and
the parents, family members, guardians, advocates, or authorized
representatives of the individuals, in both urban and rural
areas or on a State or regional basis.
(4) Eligible organizations
In order to receive a grant under this subsection, an
organization--
(A) shall submit an application to the Commissioner at such
time, in such manner, and containing such information as the
Commissioner may require, including information demonstrating
the capacity and expertise of the organization--
(i) to coordinate training and information activities
with Centers for Independent Living;
(ii) to coordinate and work closely with parent training
and information centers established pursuant to section
1482(a) of title 20; and
(iii) to effectively conduct the training and
information activities authorized under this subsection;
(B)(i) shall be governed by a board of directors--
(I) that includes professionals in the field of
vocational rehabilitation; and
(II) on which a majority of the members are individuals
with disabilities or the parents, family members, guardians,
advocates, or authorized representatives of the individuals;
or
(ii)(I) shall have a membership that represents the
interests of individuals with disabilities; and
(II) shall establish a special governing committee that
meets the requirements specified in subclauses (I) and (II) of
clause (i) to operate a training and information program under
this subsection; and
(C) shall serve individuals with a full range of
disabilities, and the parents, family members, guardians,
advocates, or authorized representatives of the individuals.
(5) Consultation
Each organization carrying out a program receiving assistance
under this subsection shall consult with appropriate agencies that
serve or assist individuals with disabilities, and the parents,
family members, guardians, advocates, or authorized representatives
of the individuals, located in the jurisdiction served by the
program.
(6) Coordination
The Commissioner shall provide coordination and technical
assistance by grant or cooperative agreement for establishing,
developing, and coordinating the training and information programs.
To the extent practicable, such assistance shall be provided by the
parent training and information centers established pursuant to
section 1482(a) of title 20.
(7) Review
(A) Quarterly review
The board of directors or special governing committee of an
organization receiving a grant under this subsection shall meet
at least once in each calendar quarter to review the training
and information program, and each such committee shall directly
advise the governing board regarding the views and
recommendations of the committee.
(B) Review for grant renewal
If a nonprofit private organization requests the renewal of
a grant under this subsection, the board of directors or the
special governing committee shall prepare and submit to the
Commissioner a written review of the training and information
program conducted by the organization during the preceding
fiscal year.
(d) Braille training programs
(1) Establishment
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 all or part of
the cost of training in the use of braille for personnel providing
vocational rehabilitation services or educational services to youth
and adults who are blind.
(2) Projects
Such grants shall be used for the establishment or continuation
of projects that may provide--
(A) development of braille training materials;
(B) in-service or pre-service training in the use of
braille, the importance of braille literacy, and methods of
teaching braille to youth and adults who are blind; and
(C) activities to promote knowledge and use of braille and
nonvisual access technology for blind youth and adults through a
program of training, demonstration, and evaluation conducted
with leadership of experienced blind individuals, including the
use of comprehensive, state-of-the-art technology.
(3) Application
To be eligible to receive a grant, or enter into a contract,
under paragraph (1), 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.
(e) 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. 303, as added Pub. L. 105-220, title
IV, Sec. 406, Aug. 7, 1998, 112 Stat. 1190.)
References in Text
The Workforce Investment Act of 1998, referred to in subsec.
(b)(5)(B)(viii), 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.
Sections 711 and 777a of this title (as in effect on the day before
August 7, 1998), referred to in subsec. (b)(6), means section 711 of
this title prior to repeal by Pub. L. 105-220, title IV, Sec. 403, Aug.
7, 1998, 112 Stat. 1093, and section 777a of this title prior to the
general amendment of this subchapter by Pub. L. 105-220, title IV,
Sec. 406, Aug. 7, 1998, 112 Stat. 1183.
Prior Provisions
A prior section 773, Pub. L. 93-112, title III, Sec. 304, formerly
Sec. 303, Sept. 26, 1973, 87 Stat. 379; Pub. L. 95-602, title I,
Sec. 113, Nov. 6, 1978, 92 Stat. 2968; Pub. L. 99-506, title I,
Sec. 103(d)(2)(C), title X, Sec. 1001(d)(2), Oct. 21, 1986, 100 Stat.
1810, 1843; renumbered Sec. 304 and amended Pub. L. 102-569, title I,
Sec. 102(p)(17), title III, Secs. 301(b)(3), 304, Oct. 29, 1992, 106
Stat. 4358, 4411, 4417, related to loan guarantees for community
rehabilitation programs, prior to the general amendment of this
subchapter by Pub. L. 105-220.
A prior section 303 of Pub. L. 93-112 was classified to section 772
of this title prior to the general amendment of this subchapter by Pub.
L. 105-220.
