1 So in original. The colon probably should be a semicolon.
and
2 See References in Text note below.
of this title (as in effect on the day before
Editorial Notes
References in Text

For the effective date of the Workforce Innovation and Opportunity Act, referred to in subsec. (a)(1)(B), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title.

The Architectural Barriers Act of 1968, referred to in subsec. (a)(6)(C), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, as amended, which is classified generally to chapter 51 (§ 4151 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 4151 of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in subsec. (a)(6)(C), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§ 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.

The Individuals with Disabilities Education Act, referred to in subsecs. (a)(7)(A)(ii), (15)(A)(ii) and (c), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(7)(A)(v)(II), (10)(D)(i), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) 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.

The Social Security Act, referred to in subsec. (a)(11)(G), (K), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) 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.

Section 776 of this title, referred to in subsec. (a)(17)(B), was in the original a reference to section 306 which was renumbered section 304 of Pub. L. 93–112 by Pub. L. 113–128, title IV, § 443(2), July 22, 2014, 128 Stat. 1674.

Prior Provisions

A prior section 721, Pub. L. 93–112, title I, § 101, Sept. 26, 1973, 87 Stat. 363; Pub. L. 93–516, title I, § 111(b)–(d), Dec. 7, 1974, 88 Stat. 1619, 1620; Pub. L. 93–651, title I, § 111(b)–(d), Nov. 21, 1974, 89 Stat. 2–5; Pub. L. 95–602, title I, §§ 102, 122(b)(1), Nov. 6, 1978, 92 Stat. 2957, 2987; Pub. L. 98–221, title I, § 104(a)(2), Feb. 22, 1984, 98 Stat. 18; Pub. L. 98–524, § 4(f), Oct. 19, 1984, 98 Stat. 2489; Pub. L. 99–506, title I, § 103(d)(2), title II, § 202, title X, § 1001(b)(1)–(4), Oct. 21, 1986, 100 Stat. 1810, 1814, 1841, 1842; Pub. L. 100–630, title II, § 202(b), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–54, § 13(k)(1)(A), June 13, 1991, 105 Stat. 276; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102–569, title I, §§ 102(o), (p)(7), 122, Oct. 29, 1992, 106 Stat. 4355, 4356, 4367; Pub. L. 103–73, title I, §§ 102(2), 107(a), Aug. 11, 1993, 107 Stat. 718, 719; Pub. L. 104–106, div. D, title XLIII, § 4321(i)(7), Feb. 10, 1996, 110 Stat. 676, related to State plans, prior to the general amendment of this subchapter by Pub. L. 105–220.

Amendments

2014—Subsec. (a)(1)(A). Pub. L. 113–128, § 412(a)(1)(A), substituted “to receive funds under this subchapter for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor, a unified State plan in accordance with section 102, or a combined State plan in accordance with section 103, of the Workforce Innovation and Opportunity Act. The unified or combined State plan shall include, in the portion of the plan described in section 102(b)(2)(D) of such Act (referred to in this subsection as the ‘vocational rehabilitation services portion’), the provisions of a State plan for vocational rehabilitation services, described in this subsection.” for “to participate in programs under this subchapter, a State shall submit to the Commissioner a State plan for vocational rehabilitation services that meets the requirements of this section, on the same date that the State submits a State plan under section 112 of the Workforce Investment Act of 1998.”

Subsec. (a)(1)(B). Pub. L. 113–128, § 412(a)(1)(B), substituted “as part of the vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A),” for “in the State plan for vocational rehabilitation services,” and “the effective date of the Workforce Innovation and Opportunity Act” for “the effective date of the Rehabilitation Act Amendments of 1998”, which had been translated as “August 7, 1998”.

Subsec. (a)(1)(C). Pub. L. 113–128, § 412(a)(1)(C), substituted “The vocational rehabilitation services portion of the unified or combined State plan submitted in accordance with subparagraph (A) shall remain in effect until the State submits and receives approval of a new State plan in accordance with subparagraph (A), or until the submission of such modifications” for “The State plan shall remain in effect subject to the submission of such modifications” and struck out “, until the State submits and receives approval of a new State plan” before period at end.

Subsec. (a)(2)(A). Pub. L. 113–128, § 412(a)(2)(A), substituted “The State plan for vocational rehabilitation services” for “The State plan” in introductory provisions.

Subsec. (a)(2)(B)(ii)(II). Pub. L. 113–128, § 412(a)(2)(B)(i), inserted “who is responsible for the day-to-day operation of the vocational rehabilitation program” before semicolon at end.

Subsec. (a)(2)(B)(ii)(V). Pub. L. 113–128, § 412(a)(2)(B)(ii)–(iv), added subcl. (V).

Subsec. (a)(5)(D), (E). Pub. L. 113–128, § 412(a)(3), added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (a)(7)(A)(v)(I). Pub. L. 113–128, § 412(a)(4)(A)(i), inserted “, including training implemented in coordination with entities carrying out State programs under section 3003 of this title” after “rehabilitation technology”.

Subsec. (a)(7)(A)(v)(II). Pub. L. 113–128, § 412(a)(4)(A)(ii), substituted “Workforce Innovation and Opportunity Act” for “Rehabilitation Act Amendments of 1998”.

Subsec. (a)(7)(B)(ii). Pub. L. 113–128, § 412(a)(4)(B), added cl. (ii) and struck out former cl. (ii) which read as follows: “to the extent that such standards are not based on the highest requirements in the State applicable to a specific profession or discipline, the steps the State is taking to require the retraining or hiring of personnel within the designated State unit that meet appropriate professional requirements in the State; and”.

Subsec. (a)(8)(A)(i). Pub. L. 113–128, § 412(a)(5)(A), in introductory provisions, inserted “an accommodation or auxiliary aid or service or” after “prior to providing” and substituted “(5)(E)” for “(5)(D)”.

Subsec. (a)(8)(B). Pub. L. 113–128, § 412(a)(5)(B)(i), in introductory provisions, substituted “Medicaid” for “medicaid”, “workforce development system” for “workforce investment system”, and “(5)(E)” for “(5)(D)”, inserted “and, if appropriate, accommodations or auxiliary aids and services,” before “that are included”, and substituted “provision of such vocational rehabilitation services (including, if appropriate, accommodations or auxiliary aids and services)” for “provision of such vocational rehabilitation services”.

Subsec. (a)(8)(B)(iv). Pub. L. 113–128, § 412(a)(5)(B)(ii), substituted “(5)(E)” for “(5)(D)” and inserted “, and accommodations or auxiliary aids and services” before period at end.

Subsec. (a)(8)(C)(i). Pub. L. 113–128, § 412(a)(5)(C), substituted “(5)(E)” for “(5)(D)”.

Subsec. (a)(10)(B). Pub. L. 113–128, § 412(a)(6)(A), substituted “annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State’s performance on the standards and indicators described in section 726(a) of this title” for “annual reporting on the eligible individuals receiving the services, on those specific data elements described in section 136(d)(2) of the Workforce Investment Act of 1998”.

Subsec. (a)(10)(C). Pub. L. 113–128, § 412(a)(6)(B)(i), inserted “, from each State,” after “additional data” in introductory provisions.

Subsec. (a)(10)(C)(i). Pub. L. 113–128, § 412(a)(6)(B)(ii), added cl. (i) and struck out former cl. (i) which read as follows: “the number of applicants and the number of individuals determined to be eligible or ineligible for the program carried out under this subchapter, including—

“(I) the number of individuals determined to be ineligible because they did not require vocational rehabilitation services, as provided in section 722(a) of this title; and

“(II) the number of individuals determined, on the basis of clear and convincing evidence, to be too severely disabled to benefit in terms of an employment outcome from vocational rehabilitation services;”.

Subsec. (a)(10)(C)(ii)(I). Pub. L. 113–128, § 412(a)(6)(B)(iii)(I), substituted “(5)(E)” for “(5)(D)”.

Subsec. (a)(10)(C)(ii)(IV) to (VI). Pub. L. 113–128, § 412(a)(6)(B)(iii)(II), (III), added subcls. (IV) to (VI).

Subsec. (a)(10)(C)(iv)(I). Pub. L. 113–128, § 412(a)(6)(B)(iv), inserted “and, for those who achieved employment outcomes, the average length of time to obtain employment” before semicolon.

Subsec. (a)(10)(D)(i). Pub. L. 113–128, § 412(a)(6)(C), substituted “title I of the Workforce Innovation and Opportunity Act” for “title I of the Workforce Investment Act of 1998”.

Subsec. (a)(10)(E)(ii). Pub. L. 113–128, § 412(a)(6)(D), substituted “of the State in meeting the standards and indicators established pursuant to section 726 of this title.” for “of the State in meeting—

“(I) the State performance measures established under section 136(b) of the Workforce Investment Act of 1998, to the extent the measures are applicable to individuals with disabilities; and

“(II) the standards and indicators established pursuant to section 726 of this title.”

Subsec. (a)(10)(G), (H). Pub. L. 113–128, § 412(a)(6)(E), added subpars. (G) and (H).

Subsec. (a)(11)(A). Pub. L. 113–128, § 412(a)(7)(A)(i), (ii), substituted “workforce development systems” for “workforce investment systems” in heading and “workforce development system” for “workforce investment system” in introductory provisions.

Subsec. (a)(11)(A)(i)(II). Pub. L. 113–128, § 412(a)(7)(A)(iii), substituted “development” for “investment” and inserted “(including programmatic accessibility and physical accessibility)” after “program accessibility”.

Subsec. (a)(11)(A)(ii). Pub. L. 113–128, § 412(a)(7)(A)(iv), substituted “workforce development system” for “workforce investment system”.

Subsec. (a)(11)(A)(v). Pub. L. 113–128, § 412(a)(7)(A)(v), substituted “workforce development system” for “workforce investment system”.

Subsec. (a)(11)(B). Pub. L. 113–128, § 412(a)(7)(B), substituted “workforce development system” for “workforce investment system”.

Subsec. (a)(11)(C). Pub. L. 113–128, § 412(a)(7)(C), inserted “the State programs carried out under section 3003 of this title,” after “including” and “, noneducational agencies serving out-of-school youth,” after “Agriculture” and substituted “such Federal, State, and local agencies and programs” for “such agencies and programs” and “workforce development system” for “workforce investment system”.

Subsec. (a)(11)(D). Pub. L. 113–128, § 412(a)(7)(D), inserted “, including pre-employment transition services,” after “vocational rehabilitation services” in introductory provisions and “, which may be provided using alternative means for meeting participation (such as video conferences and conference calls),” after “consultation and technical assistance” in cl. (i) and substituted “implementation” for “completion” in cl. (ii).

Subsec. (a)(11)(E). Pub. L. 113–128, § 412(a)(7)(F), added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (a)(11)(F). Pub. L. 113–128, § 412(a)(7)(G), made technical amendment to reference in original act which appears in text as reference to subpart 3 of part A of subchapter VII and inserted “, as appropriate” before period at end.

Pub. L. 113–128, § 412(a)(7)(E), redesignated subpar. (E) as (F). Former subpar. (F) redesignated (H).

Subsec. (a)(11)(G). Pub. L. 113–128, § 412(a)(7)(H), added subpar. (G).

Subsec. (a)(11)(H). Pub. L. 113–128, § 412(a)(7)(E), redesignated subpar. (F) as (H).

Subsec. (a)(11)(H)(ii) to (iv). Pub. L. 113–128, § 412(a)(7)(I), inserted “on or” before “near” and struck out “and” after semicolon in cl. (ii), added cl. (iii), and redesignated former cl. (iii) as (iv).

Subsec. (a)(11)(I) to (K). Pub. L. 113–128, § 412(a)(7)(J), added subpars. (I) to (K).

Subsec. (a)(14). Pub. L. 113–128, § 412(a)(8)(A), substituted “Semiannual” for “Annual” in heading.

Subsec. (a)(14)(A). Pub. L. 113–128, § 412(a)(8)(B), substituted “a semiannual” for “an annual”, “is employed” for “has achieved an employment outcome”, “beginning of such employment, and annually thereafter” for “achievement of the outcome (and thereafter if requested by the individual or, if appropriate, the individual’s representative)”, and “to competitive integrated employment or training for competitive integrated employment;” for “to competitive employment or training for competitive employment;”.

Subsec. (a)(14)(C), (D). Pub. L. 113–128, § 412(a)(8)(C)–(E), substituted “individuals described in subparagraph (A) in attaining competitive integrated employment; and” for “the individuals described in subparagraph (A) in engaging in competitive employment.” in subpar. (C) and added subpar. (D).

Subsec. (a)(15)(A)(i)(III). Pub. L. 113–128, § 412(a)(9)(A)(i)(II)(aa), substituted “workforce development system” for “workforce investment system”.

Subsec. (a)(15)(A)(i)(IV). Pub. L. 113–128, § 412(a)(9)(A)(i)(I), (II)(bb), (III), added subcl. (IV).

Subsec. (a)(15)(A)(ii) to (iv). Pub. L. 113–128, § 412(a)(9)(A)(ii), (iii), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.

Subsec. (a)(15)(B)(ii). Pub. L. 113–128, § 412(a)(9)(B)(i), substituted “subchapter VI” for “part B of subchapter VI”.

Subsec. (a)(15)(B)(iii), (iv). Pub. L. 113–128, § 412(a)(9)(B)(ii), (iii), added cl. (iii) and redesignated former cl. (iii) as (iv).

Subsec. (a)(15)(D)(iii) to (vi). Pub. L. 113–128, § 412(a)(9)(C), added cl. (iii), redesignated former cls. (iii) to (v) as (iv) to (vi), respectively, and, in cl. (vi), substituted “workforce development system” for “workforce investment system”.

Subsec. (a)(20)(A), (B)(i). Pub. L. 113–128, § 412(a)(10), substituted “workforce development system” for “workforce investment system”.

Subsec. (a)(22). Pub. L. 113–128, § 412(a)(11), substituted “subchapter VI” for “part B of subchapter VI”.

Subsec. (a)(25), (26). Pub. L. 113–128, § 412(a)(12), added pars. (25) and (26).

Subsec. (b). Pub. L. 113–128, § 412(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to approval and disapproval of State plans.

Subsec. (c). Pub. L. 113–128, § 412(c), added subsec. (c).

2004—Subsec. (a)(11)(D)(ii). Pub. L. 108–446 struck out “(as added by section 101 of Public Law 105–17)” before semicolon at end.

1998—Subsec. (a)(18)(C). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(4)(A)], substituted “were utilized during the preceding year” for “will be utilized”.

Subsec. (a)(21)(A)(i)(II)(bb). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(4)(B)], substituted “commission” for “Commission”.

Statutory Notes and Related Subsidiaries
Change of Name

Committee on Education and the Workforce of House of Representatives changed to Committee on Education and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.

Definitions of Terms in Pub. L. 113–128

Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.