29 U.S.C. § 720 — Declaration of policy; authorization of ap-

Page 215 TITLE 29—LABOR § 720 PART A—GENERAL PROVISIONS § 720. Declaration of policy; authorization of ap- propriations (a) Findings; purpose; policy (1) Findings Congress finds that— (A) work— (i) is a valued activity, both for individ- uals and society; and (ii) fulfills the need of an individual to be productive, promotes independence, en- hances self-esteem, and allows for partici- pation in the mainstream of life in the United States; (B) as a group, individuals with disabilities experience staggering levels of unemploy- ment and poverty; (C) individuals with disabilities, including individuals with the most significant dis- abilities, have demonstrated their ability to achieve gainful employment in competitive integrated employment settings if appro- priate services and supports are provided; (D) reasons for significant numbers of indi- viduals 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 car- ried 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 sup- ports to meet job qualification standards necessary to secure, retain, regain, or ad- vance in employment; (E) enforcement of subchapter V and of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) holds the promise of end- ing discrimination for individuals with dis- abilities; (F) the provision of workforce develop- ment activities and vocational rehabilita- tion services can enable individuals with dis- abilities, including individuals with the most significant disabilities, to pursue meaningful careers by securing gainful em- ployment commensurate with their abilities and capabilities; and (G) linkages between the vocational reha- bilitation programs established under this subchapter and other components of the statewide workforce development systems are critical to ensure effective and meaning- ful participation by individuals with disabil- ities in workforce development activities. (2) Purpose The purpose of this subchapter is to assist States in operating statewide comprehensive, coordinated, effective, efficient, and account- able programs of vocational rehabilitation, each of which is— (A) an integral part of a statewide work- force development 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, informed choice, and economic self-suffi- ciency, 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 man- ner consistent with the following principles: (A) Individuals with disabilities, including individuals with the most significant dis- abilities, are generally presumed to be capa- ble of engaging in gainful employment and the provision of individualized vocational re- habilitation services can improve their abil- ity to become gainfully employed. (B) Individuals with disabilities must be provided the opportunities to obtain com- petitive integrated employment. (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, mak- ing meaningful and informed choices— (i) during assessments for determining eligibility and vocational rehabilitation needs; and (ii) in the selection of employment out- comes for the individuals, services needed to achieve the outcomes, entities pro- viding 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 in- dividual 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 de- scribed 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 should facilitate the accomplishment of the employment outcomes and objectives of an individual. (F) Individuals with disabilities and the in- dividuals’ 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 facili- tate the accomplishment of the goals and objectives of the program, including pro- viding vocational rehabilitation services to, among others, individuals with the most sig- nificant disabilities. (b) Authorization of appropriations (1) In general For the purpose of making grants to States under part B to assist States in meeting the costs of vocational rehabilitation services pro- vided in accordance with State plans under Page 216 TITLE 29—LABOR § 720 section 721 of this title, there are authorized to be appropriated $3,302,053,000 for each of the fiscal years 2015 through 2020, except that the amount to be appropriated for a fiscal year shall not be less than the amount of the appro- priation under this paragraph for the imme- diately preceding fiscal year, increased by the percentage change in the Consumer Price Index determined under subsection (c) for the immediately preceding fiscal year. (2) Reference The reference in paragraph (1) to grants to States under part B 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 Sec- retary of Labor shall publish in the Federal Register the percentage change in the Con- sumer 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 sub- section (b)(1) for the subsequent fiscal year shall be at least the amount appropriated under subsection (b)(1) for the fiscal year in which the publication is made under para- graph (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 indi- cate an increase in the Consumer Price Index, then the amount to be appropriated under subsection (b)(1) for the subsequent fiscal year shall be at least the amount ap- propriated under subsection (b)(1) for the fis- cal year in which the publication is made under paragraph (1). (3) Definition For purposes of this section, the term ‘‘Con- sumer 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 ter- minal fiscal year— (i) of the authorization of appropriations for the program authorized by the State grant program under part B of this sub- chapter; or (ii) of the duration of the program au- thorized by the State grant program under part B of this subchapter; has passed legislation which would have the effect of extending the authorization or du- ration (as the case may be) of such program, such authorization or duration is automati- cally 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 pro- gram for fiscal year 2003, increased by the percentage change in the Consumer Price Index determined under subsection (c) 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), Con- gress shall not be deemed to have passed leg- islation unless such legislation becomes law. (B) Acts or determinations of Commissioner In any case where the Commissioner is re- quired under an applicable statute to carry out certain acts or make certain determina- tions which are necessary for the continu- ation of the program authorized by this sub- chapter, 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 para- graph (1) that follows clause (ii) of para- graph (1)(A) is in effect. (Pub. L. 93–112, title I, § 100, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1116; amended Pub. L. 113–128, title IV, § 411, July 22, 2014, 128 Stat. 1640.) Editorial Notes 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. Ti- tles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 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, 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. PRIOR PROVISIONS A prior section 720, Pub. L. 93–112, title I, § 100, Sept. 26, 1973, 87 Stat. 363; Pub. L. 93–516, title I, § 102(a), Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 102(a), Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, §§ 2(a), 11(b)(2), (3), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 95–602, title I, § 101(a), (b), Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98–221, title I, § 111(a)–(d), Feb. 22, 1984, 98 Stat. 19; Pub. L. 99–506, title I, § 103(d)(2)(C), title II, § 201, Oct. 21, 1986, 100 Stat. 1810, 1813; Pub. L. 100–630, title II, § 202(a), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–52, § 2(a), (b)(1), June 6, 1991, 105 Stat. 260; Pub. L. 102–569, title I, § 121(a), (b), Oct. 29, 1992, 106 Stat. 4365, 4367, related to congres- sional findings, purpose, policy, authorization of appro- priations, change in Consumer Price Index, and exten- sion of program, prior to the general amendment of this subchapter by Pub. L. 105–220. Page 217 TITLE 29—LABOR § 721 AMENDMENTS 2014—Subsec. (a)(1)(C). Pub. L. 113–128, § 411(a)(1)(A), substituted ‘‘competitive integrated employment’’ for ‘‘integrated’’. Subsec. (a)(1)(D)(iii). Pub. L. 113–128, § 411(a)(1)(B), substituted ‘‘Medicare and Medicaid’’ for ‘‘medicare and medicaid’’. Subsec. (a)(1)(F). Pub. L. 113–128, § 411(a)(1)(C), sub- stituted ‘‘development’’ for ‘‘investment’’. Subsec. (a)(1)(G). Pub. L. 113–128, § 411(a)(1)(D), sub- stituted ‘‘workforce development systems’’ for ‘‘work- force investment systems’’ and ‘‘workforce develop- ment activities’’ for ‘‘workforce investment activi- ties’’. Subsec. (a)(2)(A). Pub. L. 113–128, § 411(a)(2)(A), sub- stituted ‘‘workforce development system’’ for ‘‘work- force investment system’’. Subsec. (a)(2)(B). Pub. L. 113–128, § 411(a)(2)(B), sub- stituted ‘‘informed choice, and economic self-suffi- ciency,’’ for ‘‘and informed choice,’’. Subsec. (a)(3)(B). Pub. L. 113–128, § 411(a)(3)(A), sub- stituted ‘‘competitive integrated employment’’ for ‘‘gainful employment in integrated settings’’. Subsec. (a)(3)(E). Pub. L. 113–128, § 411(a)(3)(B), in- serted ‘‘should’’ before ‘‘facilitate the accomplish- ment’’. Subsec. (b)(1). Pub. L. 113–128, § 411(b), substituted ‘‘$3,302,053,000 for each of the fiscal years 2015 through 2020’’ for ‘‘such sums as may be necessary for fiscal years 1999 through 2003’’. Statutory Notes and Related Subsidiaries 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. § 721. State plans (a) Plan requirements (1) In general (A) Submission To be eligible 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 sec- tion 103, of the Workforce Innovation and Opportunity Act [29 U.S.C. 3112, 3113]. The unified or combined State plan shall include, in the portion of the plan described in sec- tion 102(b)(2)(D) of such Act [29 U.S.C. 3112(b)(2)(D)] (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. (B) Nonduplication The State shall not be required to submit, as part of the vocational rehabilitation serv- ices portion of the unified or combined State plan submitted in accordance with subpara- graph (A), policies, procedures, or descrip- tions required under this subchapter that have been previously submitted to the Com- missioner and that demonstrate that such State meets the requirements of this sub- chapter, including any policies, procedures, or descriptions submitted under this sub- chapter as in effect on the day before the ef- fective date of the Workforce Innovation and Opportunity Act. (C) Duration The vocational rehabilitation services por- tion 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 as the State determines to be necessary or as the Commissioner may require based on a change in State policy, a change in Federal law (including regulations), an interpreta- tion of this chapter by a Federal court or the highest court of the State, or a finding by the Commissioner of State noncompliance with the requirements of this chapter. (2) Designated State agency; designated State unit (A) Designated State agency The State plan for vocational rehabilita- tion services shall designate a State agency as the sole State agency to administer the plan, or to supervise the administration of the plan by a local agency, except that— (i) where, under State law, the State agency for individuals who are blind or an- other agency that provides assistance or services to adults who are blind is author- ized to provide vocational rehabilitation services to individuals who are blind, that agency may be designated as the sole State agency to administer the part of the plan under which vocational rehabilitation services are provided for individuals who are blind (or to supervise the administra- tion of such part by a local agency) and a separate State agency may be designated as the sole State agency to administer or supervise the administration of the rest of the State plan; (ii) the Commissioner, on the request of a State, may authorize the designated State agency to share funding and admin- istrative responsibility with another agen- cy of the State or with a local agency in order to permit the agencies to carry out a joint program to provide services to indi- viduals with disabilities, and may waive compliance, with respect to vocational re- habilitation services furnished under the joint program, with the requirement of paragraph (4) that the plan be in effect in all political subdivisions of the State; and (iii) in the case of American Samoa, the appropriate State agency shall be the Gov- ernor of American Samoa. (B) Designated State unit The State agency designated under sub- paragraph (A) shall be— (i) a State agency primarily concerned with vocational rehabilitation, or voca- tional and other rehabilitation, of individ- uals with disabilities; or (ii) if not such an agency, the State agency (or each State agency if 2 are so designated) shall include a vocational re- habilitation bureau, division, or other or- ganizational unit that— (I) is primarily concerned with voca- tional rehabilitation, or vocational and