Collapse to view only § 795k. State plan

§§ 795, 795a.
Repealed. Pub. L. 113–128, title IV, § 461(1), July 22, 2014, 128 Stat. 1679
§ 795g.
Purpose

It is the purpose of this subchapter to authorize allotments, in addition to grants for vocational rehabilitation services under subchapter I, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment.

(Pub. L. 93–112, title VI, § 602, formerly § 621, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(12)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 602 and amended Pub. L. 113–128, title IV, § 461(3), (4), July 22, 2014, 128 Stat. 1679.)
§ 795h.
Allotments
(a)
In general
(1)
States
The Secretary shall allot the sums appropriated for each fiscal year to carry out this subchapter among the States on the basis of relative population of each State, except that—
(A) no State shall receive less than $250,000, or ⅓ of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater; and
(B) if the sums appropriated to carry out this subchapter for the fiscal year exceed by $1,000,000 or more the sums appropriated to carry out part B of this subchapter (as in effect on September 30, 1992) in fiscal year 1992, no State shall receive less than $300,000, or ⅓ of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater.
(2)
Certain territories
(A)
In general

For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States.

(B)
Allotment

Each jurisdiction described in subparagraph (A) shall be allotted not less than ⅛ of 1 percent of the amounts appropriated for the fiscal year for which the allotment is made.

(b)
Reallotment

Whenever the Commissioner determines that any amount of an allotment to a State under subsection (a) for any fiscal year will not be expended by such State for carrying out the provisions of this subchapter, the Commissioner shall make such amount available for carrying out the provisions of this subchapter to 1 or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year.

(c)
Limitations on administrative costs

A State that receives an allotment under this subchapter shall not use more than 2.5 percent of such allotment to pay for administrative costs.

(d)
Services for youth with the most significant disabilities

A State that receives an allotment under this subchapter shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment.

(Pub. L. 93–112, title VI, § 603, formerly § 622, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1214; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(13)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 603 and amended Pub. L. 113–128, title IV, § 461(3), (5), July 22, 2014, 128 Stat. 1679.)
§ 795i.
Availability of services
(a)
Supported employment services

Funds provided under this subchapter may be used to provide supported employment services to individuals who are eligible under this subchapter.

(b)
Extended services
(1)
In general

Except as provided in paragraph (2), funds provided under this subchapter, or subchapter I, may not be used to provide extended services to individuals under this subchapter or subchapter I.

(2)
Extended services for youth with the most significant disabilities

Funds allotted under this subchapter, or subchapter I, and used for the provision of services under this subchapter to youth with the most significant disabilities pursuant to section 795h(d) of this title, may be used to provide extended services to youth with the most significant disabilities. Such extended services shall be available for a period not to exceed 4 years.

(Pub. L. 93–112, title VI, § 604, as added Pub. L. 113–128, title IV, § 461(6), July 22, 2014, 128 Stat. 1680.)
§ 795j.
Eligibility
An individual, including a youth with a disability, shall be eligible under this subchapter to receive supported employment services authorized under this chapter if—
(1) the individual is eligible for vocational rehabilitation services under subchapter I;
(2) the individual is determined to be an individual with a most significant disability;
(3) for purposes of activities carried out with funds described in section 795h(d) of this title, the individual is a youth with a disability, as defined in section 705(42) of this title; 1
1 See References in Text note below.
and
(4) a comprehensive assessment of the rehabilitation needs of the individual described in section 705(2)(B) of this title, including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for the individual.
(Pub. L. 93–112, title VI, § 605, formerly § 624, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(15)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 605 and amended Pub. L. 113–128, title IV, § 461(3), (7), July 22, 2014, 128 Stat. 1679, 1680.)
§ 795k.
State plan
(a)
State plan supplements

To be eligible for an allotment under this subchapter, a State shall submit to the Commissioner, as part of the State plan under section 721 of this title, a State plan supplement for providing supported employment services authorized under this chapter to individuals, including youth with the most significant disabilities, who are eligible under this chapter to receive the services. Each State shall make such annual revisions in the plan supplement as may be necessary.

(b)
Contents
Each such plan supplement shall—
(1) designate each designated State agency as the agency to administer the program assisted under this subchapter;
(2) summarize the results of the comprehensive, statewide assessment conducted under section 721(a)(15)(A)(i) of this title, with respect to the rehabilitation needs of individuals, including youth, with significant disabilities and the need for supported employment services, including needs related to coordination;
(3) describe the quality, scope, and extent of supported employment services authorized under this chapter to be provided to individuals, including youth with the most significant disabilities, who are eligible under this chapter to receive the services and specify the goals and plans of the State with respect to the distribution of funds received under section 795h of this title;
(4) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other State agencies and other appropriate entities to assist in the provision of supported employment services;
(5) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other public or nonprofit agencies or organizations within the State, employers, natural supports, and other entities with respect to the provision of extended services;
(6)
describe the activities to be conducted pursuant to section 795h(d) of this title for youth with the most significant disabilities, including—
(A) the provision of extended services for a period not to exceed 4 years; and
(B) how the State will use the funds reserved in section 795h(d) of this title to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities;
(7)
provide assurances that—
(A) funds made available under this subchapter will only be used to provide supported employment services authorized under this chapter to individuals who are eligible under this subchapter to receive the services;
(B) the comprehensive assessments of individuals with significant disabilities, including youth with the most significant disabilities, conducted under section 722(b)(1) of this title and funded under subchapter I will include consideration of supported employment as an appropriate employment outcome;
(C)
an individualized plan for employment, as required by section 722 of this title, will be developed and updated using funds under subchapter I in order to—
(i) specify the supported employment services to be provided, including, as appropriate, for youth with the most significant disabilities, transition services and pre-employment transition services;
(ii) specify the expected extended services needed, including the extended services that may be provided to youth with the most significant disabilities under this subchapter, in accordance with an approved individualized plan for employment, for a period not to exceed 4 years; and
(iii) identify, as appropriate, the source of extended services, which may include natural supports, or indicate that it is not possible to identify the source of extended services at the time the individualized plan for employment is developed;
(D) the State will use funds provided under this subchapter only to supplement, and not supplant, the funds provided under subchapter I, in providing supported employment services specified in the individualized plan for employment;
(E) services provided under an individualized plan for employment will be coordinated with services provided under other individualized plans established under other Federal or State programs;
(F) to the extent jobs skills training is provided, the training will be provided on site;
(G) supported employment services will include placement in an integrated setting based on the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the most significant disabilities;
(H) the State agencies designated under paragraph (1) will expend not more than 2.5 percent of the allotment of the State under this subchapter for administrative costs of carrying out this subchapter; and
(I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 795h(d) of this title, the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services; and
(8) contain such other information and be submitted in such manner as the Commissioner may require.
(Pub. L. 93–112, title VI, § 606, formerly § 625, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 606 and amended Pub. L. 113–128, title IV, § 461(3), (8), July 22, 2014, 128 Stat. 1679, 1681.)
§ 795l.
Restriction
Each State agency designated under section 795k(b)(1) of this title shall collect the information required by section 721(a)(10) of this title separately for—
(1) eligible individuals receiving supported employment services under this subchapter;
(2) eligible individuals receiving supported employment services under subchapter I;
(3) eligible youth receiving supported employment services under this subchapter; and
(4) eligible youth receiving supported employment services under subchapter I.
(Pub. L. 93–112, title VI, § 607, as added Pub. L. 113–128, title IV, § 461(9), July 22, 2014, 128 Stat. 1682.)
§ 795m.
Savings provision
(a)
Supported employment services

Nothing in this chapter shall be construed to prohibit a State from providing supported employment services in accordance with the State plan submitted under section 721 of this title by using funds made available through a State allotment under section 730 of this title.

(b)
Postemployment services

Nothing in this subchapter shall be construed to prohibit a State from providing discrete postemployment services in accordance with the State plan submitted under section 721 of this title by using funds made available through a State allotment under section 730 of this title to an individual who is eligible under this subchapter.

(Pub. L. 93–112, title VI, § 608, formerly § 627, as added Pub. L. 105–220, title IV, § 409, Aug. 7, 1998, 112 Stat. 1216; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(18)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–414; renumbered § 608 and amended Pub. L. 113–128, title IV, § 461(3), (10), July 22, 2014, 128 Stat. 1679, 1682.)
§ 795n.
Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities
(a)
Establishment

Not later than 60 days after July 22, 2014, the Secretary of Labor shall establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (referred to in this section as the “Committee”).

(b)
Appointment and vacancies
(1)
Appointment

The Secretary of Labor shall appoint the members of the Committee described in subsection (c)(6), in accordance with subsection (c).

(2)
Vacancies

Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner, in accordance with the same paragraph of subsection (c), as the original appointment or designation was made.

(c)
Composition
The Committee shall be composed of—
(1) the Assistant Secretary for Disability Employment Policy, the Assistant Secretary for Employment and Training, and the Administrator of the Wage and Hour Division, of the Department of Labor;
(2) the Commissioner of the Administration on Intellectual and Developmental Disabilities, or the Commissioner’s designee;
(3) the Director of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services, or the Director’s designee;
(4) the Commissioner of Social Security, or the Commissioner’s designee;
(5) the Commissioner of the Rehabilitation Services Administration, or the Commissioner’s designee; and
(6)
representatives from constituencies consisting of—
(A) self-advocates for individuals with intellectual or developmental disabilities;
(B) providers of employment services, including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment;
(C) representatives of national disability advocacy organizations for adults with intellectual or developmental disabilities;
(D) experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities;
(E) representatives from the employer community or national employer organizations; and
(F) other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities.
(d)
Chairperson

The Committee shall elect a Chairperson of the Committee from among the appointed members of the Committee.

(e)
Meetings

The Committee shall meet at the call of the Chairperson, but not less than 8 times.

(f)
Duties
The Committee shall study, and prepare findings, conclusions, and recommendations for the Secretary of Labor on—
(1) ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment;
(2) the use of the certificate program carried out under section 214(c) of this title for the employment of individuals with intellectual or developmental disabilities, or other individuals with significant disabilities; and
(3) ways to improve oversight of the use of such certificates.
(g)
Committee personnel matters
(1)
Travel expenses

The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, the Secretary may accept the voluntary and uncompensated services of members of the Committee.

(2)
Staff

The Secretary of Labor may designate such personnel as may be necessary to enable the Committee to perform its duties.

(3)
Detail of Government employees

Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(4)
Facilities, equipment, and services

The Secretary of Labor shall make available to the Committee, under such arrangements as may be appropriate, necessary equipment, supplies, and services.

(h)
Reports
(1)
Interim and final reports
The Committee shall prepare and submit to the Secretary of Labor, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives—
(A) an interim report that summarizes the progress of the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f); and
(B) a final report that states final findings, conclusions, and recommendations as described in subsection (f).
(2)
Preparation and submission
The reports shall be prepared and submitted—
(A) in the case of the interim report, not later than 1 year after the date on which the Committee is established under subsection (a); and
(B) in the case of the final report, not later than 2 years after the date on which the Committee is established under subsection (a).
(i)
Termination

The Committee shall terminate on the day after the date on which the Committee submits the final report.

(Pub. L. 93–112, title VI, § 609, as added Pub. L. 113–128, title IV, § 461(11), July 22, 2014, 128 Stat. 1682.)
§ 795o.
Authorization of appropriations

There is authorized to be appropriated to carry out this subchapter $27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016, $30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year 2020.

(Pub. L. 93–112, title VI, § 610, as added Pub. L. 113–128, title IV, § 461(11), July 22, 2014, 128 Stat. 1684.)