
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC720]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
            SUBCHAPTER I--VOCATIONAL REHABILITATION SERVICES
 
                       Part A--General Provisions
 
Sec. 720. Declaration of policy; authorization of appropriations


(a) Findings; purpose; policy

                            (1) Findings

        Congress finds that--
            (A) work--
                (i) is a valued activity, both for individuals and 
            society; and
                (ii) fulfills the need of an individual to be 
            productive, promotes independence, enhances self-esteem, and 
            allows for participation in the mainstream of life in the 
            United States;

            (B) as a group, individuals with disabilities experience 
        staggering levels of unemployment and poverty;
            (C) individuals with disabilities, including individuals 
        with the most significant disabilities, have demonstrated their 
        ability to achieve gainful employment in integrated settings if 
        appropriate services and supports are provided;
            (D) reasons for significant numbers of individuals with 
        disabilities not working, or working at levels not commensurate 
        with their abilities and capabilities, include--
                (i) discrimination;
                (ii) lack of accessible and available transportation;
                (iii) fear of losing health coverage under the medicare 
            and medicaid programs carried out under titles XVIII and XIX 
            of the Social Security Act (42 U.S.C. 1395 et seq. and 1396 
            et seq.) or fear of losing private health insurance; and
                (iv) lack of education, training, and supports to meet 
            job qualification standards necessary to secure, retain, 
            regain, or advance in employment;

            (E) enforcement of subchapter V of this chapter and of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.) holds the promise of ending discrimination for individuals 
        with disabilities;
            (F) the provision of workforce investment activities and 
        vocational rehabilitation services can enable individuals with 
        disabilities, including individuals with the most significant 
        disabilities, to pursue meaningful careers by securing gainful 
        employment commensurate with their abilities and capabilities; 
        and
            (G) linkages between the vocational rehabilitation programs 
        established under this subchapter and other components of the 
        statewide workforce investment systems are critical to ensure 
        effective and meaningful participation by individuals with 
        disabilities in workforce investment activities.

                             (2) Purpose

        The purpose of this subchapter is to assist States in operating 
    statewide comprehensive, coordinated, effective, efficient, and 
    accountable programs of vocational rehabilitation, each of which 
    is--
            (A) an integral part of a statewide workforce investment 
        system; and
            (B) designed to assess, plan, develop, and provide 
        vocational rehabilitation services for individuals with 
        disabilities, consistent with their strengths, resources, 
        priorities, concerns, abilities, capabilities, interests, and 
        informed choice, so that such individuals may prepare for and 
        engage in gainful employment.

                             (3) Policy

        It is the policy of the United States that such a program shall 
    be carried out in a manner consistent with the following principles:
            (A) Individuals with disabilities, including individuals 
        with the most significant disabilities, are generally presumed 
        to be capable of engaging in gainful employment and the 
        provision of individualized vocational rehabilitation services 
        can improve their ability to become gainfully employed.
            (B) Individuals with disabilities must be provided the 
        opportunities to obtain gainful employment in integrated 
        settings.
            (C) Individuals who are applicants for such programs or 
        eligible to participate in such programs must be active and full 
        partners in the vocational rehabilitation process, making 
        meaningful and informed choices--
                (i) during assessments for determining eligibility and 
            vocational rehabilitation needs; and
                (ii) in the selection of employment outcomes for the 
            individuals, services needed to achieve the outcomes, 
            entities providing such services, and the methods used to 
            secure such services.

            (D) Families and other natural supports can play important 
        roles in the success of a vocational rehabilitation program, if 
        the individual with a disability involved requests, desires, or 
        needs such supports.
            (E) Vocational rehabilitation counselors that are trained 
        and prepared in accordance with State policies and procedures as 
        described in section 721(a)(7)(B) of this title (referred to 
        individually in this subchapter as a ``qualified vocational 
        rehabilitation counselor''), other qualified rehabilitation 
        personnel, and other qualified personnel facilitate the 
        accomplishment of the employment outcomes and objectives of an 
        individual.
            (F) Individuals with disabilities and the individuals' 
        representatives are full partners in a vocational rehabilitation 
        program and must be involved on a regular basis and in a 
        meaningful manner with respect to policy development and 
        implementation.
            (G) Accountability measures must facilitate the 
        accomplishment of the goals and objectives of the program, 
        including providing vocational rehabilitation services to, among 
        others, individuals with the most significant disabilities.

(b) Authorization of appropriations

                           (1) In general

        For the purpose of making grants to States under part B of this 
    subchapter to assist States in meeting the costs of vocational 
    rehabilitation services provided in accordance with State plans 
    under section 721 of this title, there are authorized to be 
    appropriated such sums as may be necessary for fiscal years 1999 
    through 2003, except that the amount to be appropriated for a fiscal 
    year shall not be less than the amount of the appropriation under 
    this paragraph for the immediately preceding fiscal year, increased 
    by the percentage change in the Consumer Price Index determined 
    under subsection (c) of this section for the immediately preceding 
    fiscal year.

                            (2) Reference

        The reference in paragraph (1) to grants to States under part B 
    of this subchapter shall not be considered to refer to grants under 
    section 732 of this title.

(c) Consumer Price Index

                        (1) Percentage change

        No later than November 15 of each fiscal year (beginning with 
    fiscal year 1979), the Secretary of Labor shall publish in the 
    Federal Register the percentage change in the Consumer Price Index 
    published for October of the preceding fiscal year and October of 
    the fiscal year in which such publication is made.

                           (2) Application

        (A) Increase

            If in any fiscal year the percentage change published under 
        paragraph (1) indicates an increase in the Consumer Price Index, 
        then the amount to be appropriated under subsection (b)(1) of 
        this section for the subsequent fiscal year shall be at least 
        the amount appropriated under subsection (b)(1) of this section 
        for the fiscal year in which the publication is made under 
        paragraph (1) increased by such percentage change.

        (B) No increase or decrease

            If in any fiscal year the percentage change published under 
        paragraph (1) does not indicate an increase in the Consumer 
        Price Index, then the amount to be appropriated under subsection 
        (b)(1) of this section for the subsequent fiscal year shall be 
        at least the amount appropriated under subsection (b)(1) of this 
        section for the fiscal year in which the publication is made 
        under paragraph (1).

                           (3) Definition

        For purposes of this section, the term ``Consumer Price Index'' 
    means the Consumer Price Index for All Urban Consumers, published 
    monthly by the Bureau of Labor Statistics.

(d) Extension

                           (1) In general

        (A) Authorization or duration of program

            Unless the Congress in the regular session which ends prior 
        to the beginning of the terminal fiscal year--
                (i) of the authorization of appropriations for the 
            program authorized by the State grant program under part B 
            of this subchapter; or
                (ii) of the duration of the program authorized by the 
            State grant program under part B of this subchapter;

        has passed legislation which would have the effect of extending 
        the authorization or duration (as the case may be) of such 
        program, such authorization or duration is automatically 
        extended for 1 additional year for the program authorized by 
        this subchapter.

        (B) Calculation

            The amount authorized to be appropriated for the additional 
        fiscal year described in subparagraph (A) shall be an amount 
        equal to the amount appropriated for such program for fiscal 
        year 2003, increased by the percentage change in the Consumer 
        Price Index determined under subsection (c) of this section for 
        the immediately preceding fiscal year, if the percentage change 
        indicates an increase.

                          (2) Construction

        (A) Passage of legislation

            For the purposes of paragraph (1)(A), Congress shall not be 
        deemed to have passed legislation unless such legislation 
        becomes law.

        (B) Acts or determinations of Commissioner

            In any case where the Commissioner is required under an 
        applicable statute to carry out certain acts or make certain 
        determinations which are necessary for the continuation of the 
        program authorized by this subchapter, if such acts or 
        determinations are required during the terminal year of such 
        program, such acts and determinations shall be required during 
        any fiscal year in which the extension described in that part of 
        paragraph (1) that follows clause (ii) of paragraph (1)(A) is in 
        effect.

(Pub. L. 93-112, title I, Sec. 100, as added Pub. L. 105-220, title IV, 
Sec. 404, Aug. 7, 1998, 112 Stat. 1116.)

                       References in Text

    The Social Security Act, referred to in subsec. (a)(1)(D)(iii), is 
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and 
XIX of the Act are classified generally to subchapters XVIII (Sec. 1395 
et seq.) and XIX (Sec. 1396 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 Americans with Disabilities Act of 1990, referred to in subsec. 
(a)(1)(E), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended, 
which is classified principally to chapter 126 (Sec. 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.


                            Prior Provisions

    A prior section 720, Pub. L. 93-112, title I, Sec. 100, Sept. 26, 
1973, 87 Stat. 363; Pub. L. 93-516, title I, Sec. 102(a), Dec. 7, 1974, 
88 Stat. 1618; Pub. L. 93-651, title I, Sec. 102(a), Nov. 21, 1974, 89 
Stat. 2-3; Pub. L. 94-230, Secs. 2(a), 11(b)(2), (3), Mar. 15, 1976, 90 
Stat. 211, 213; Pub. L. 95-602, title I, Sec. 101(a), (b), Nov. 6, 1978, 
92 Stat. 2955; Pub. L. 98-221, title I, Sec. 111(a)-(d), Feb. 22, 1984, 
98 Stat. 19; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title II, 
Sec. 201, Oct. 21, 1986, 100 Stat. 1810, 1813; Pub. L. 100-630, title 
II, Sec. 202(a), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102-52, 
Sec. 2(a), (b)(1), June 6, 1991, 105 Stat. 260; Pub. L. 102-569, title 
I, Sec. 121(a), (b), Oct. 29, 1992, 106 Stat. 4365, 4367, related to 
congressional findings, purpose, policy, authorization of 
appropriations, change in Consumer Price Index, and extension of 
program, prior to the general amendment of this subchapter by Pub. L. 
105-220.

                  Section Referred to in Other Sections

    This section is referred to in sections 722, 730 of this title; 
title 42 sections 6025, 6042, 10822.
