29 U.S.C. § 709 — Administration

Page 208 TITLE 29—LABOR § 709 records, scope of disclosure, and access to representa- tives, prior to repeal by Pub. L. 103–382, title II, § 272, Oct. 20, 1994, 108 Stat. 3931. A prior section 11 of Pub. L. 93–112 was renumbered section 13 and is classified to section 710 of this title. Another prior section 11 of Pub. L. 93–112 was classi- fied to section 710 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Pub. L. 113–128 designated existing provisions as subsec. (a) and added subsec. (b). § 709. Administration (a) Technical assistance; short-term traineeships; special projects; dissemination of informa- tion; monitoring and evaluations In carrying out the purposes of this chapter, the Commissioner may— (1)(A) provide consultative services and tech- nical assistance to public or nonprofit private agencies and organizations, including assist- ance to enable such agencies and organiza- tions to facilitate meaningful and effective participation by individuals with disabilities in workforce investment activities; (B) provide technical assistance to the des- ignated State units on developing successful partnerships with local and multi-State busi- nesses in an effort to increase the employment of individuals with disabilities; (C) provide technical assistance to providers and organizations on developing self-employ- ment opportunities and outcomes for individ- uals with disabilities; and (D) provide technical assistance to entities carrying out community rehabilitation pro- grams to build their internal capacity to pro- vide individualized services and supports lead- ing to competitive integrated employment, and to transition individuals with disabilities away from nonintegrated settings; (2) provide short-term training and technical instruction, including training for the per- sonnel of community rehabilitation programs and other providers of services (including job coaches); (3) conduct special projects and demonstra- tions; (4) collect, prepare, publish, and disseminate special educational or informational mate- rials, including reports of the projects for which funds are provided under this chapter; and (5) provide monitoring and conduct evalua- tions. (b) Utilization of services and facilities; informa- tion task forces (1) In carrying out the duties under this chap- ter, the Commissioner may utilize the services and facilities of any agency of the Federal Gov- ernment and of any other public or nonprofit agency or organization, in accordance with agreements between the Commissioner and the head thereof, and may pay therefor, in advance or by way of reimbursement, as may be provided in the agreement. (2) In carrying out the provisions of this chap- ter, the Commissioner shall appoint such task forces as may be necessary to collect and dis- seminate information in order to improve the ability of the Commissioner to carry out the provisions of this chapter. (c) Regulations to carry out this chapter (1) The Secretary of Education may promul- gate such regulations as are considered appro- priate to carry out the Commissioner’s duties under this chapter. (2) In promulgating regulations to carry out this chapter, the Secretary of Education shall promulgate only regulations that are necessary to administer and ensure compliance with the specific requirements of this chapter. (d) Regulations for implementation (1) The Secretary of Education shall promul- gate regulations regarding the requirements for the implementation of an order of selection for vocational rehabilitation services under section 721(a)(5)(A) of this title if such services cannot be provided to all eligible individuals with dis- abilities who apply for such services. (2) Not later than 180 days after July 22, 2014, the Secretary of Education shall receive public comment and promulgate regulations to imple- ment the amendments made by the Workforce Innovation and Opportunity Act. (e) Authorities and responsibilities of Commis- sioner and Secretary of Education (1) The Administrator of the Administration for Community Living (referred to in this sub- section as the ‘‘Administrator’’) may carry out the authorities and shall carry out the respon- sibilities of the Commissioner described in para- graphs (1)(A) and (2) through (4) of subsection (a), and subsection (b), except that, for purposes of applying subsections (a) and (b), a reference in those subsections— (A) to facilitating meaningful and effective participation shall be considered to be a ref- erence to facilitating meaningful and effective collaboration with independent living pro- grams, and promoting a philosophy of inde- pendent living for individuals with disabilities in community activities; and (B) to training for personnel shall be consid- ered to be a reference to training for the per- sonnel of centers for independent living and Statewide Independent Living Councils. (2) The Secretary of Health and Human Serv- ices may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (c) and (d). (f) References to ‘‘this chapter’’ (1) In subsections (a) through (d), a reference to ‘‘this chapter’’ means a provision of this chapter that the Secretary of Education has au- thority to carry out; and (2) In subsection (e), for purposes of applying subsections (a) through (d), a reference in those subsections to ‘‘this chapter’’ means a provision of this chapter that the Secretary of Health and Human Services has authority to carry out. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary. (Pub. L. 93–112, § 12, formerly § 10, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. Page 209 TITLE 29—LABOR § 710 1 So in original. There is no par. (2). 1111; renumbered § 12, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 405(c), July 22, 2014, 128 Stat. 1637.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (d)(2), 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, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 711 of this title prior to repeal by Pub. L. 105–220. A prior section 709, Pub. L. 93–112, § 10, Sept. 26, 1973, 87 Stat. 363; Pub. L. 95–602, title I, § 122(a)(9), Nov. 6, 1978, 92 Stat. 2985; Pub. L. 100–630, title II, § 201(d), Nov. 7, 1988, 102 Stat. 3304; Pub. L. 102–569, title I, § 104, Oct. 29, 1992, 106 Stat. 4361, related to nonduplication prohi- bition, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 707 of this title. A prior section 12 of Pub. L. 93–112 was renumbered section 14 and is classified to section 711 of this title. Another prior section 12 of Pub. L. 93–112 was classi- fied to section 711 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–128, § 405(c)(1)(A), des- ignated existing provisions as subpar. (A) and added subpars. (B) to (D). Subsec. (a)(2). Pub. L. 113–128, § 405(c)(1)(B), struck out ‘‘, centers for independent living,’’ after ‘‘community rehabilitation programs’’. Subsec. (c). Pub. L. 113–128, § 405(c)(6)(A), (D), (E), des- ignated existing provisions as par. (1) and redesignated subsec. (f) as par. (2). Pub. L. 113–128, § 405(c)(2), substituted ‘‘Secretary of Education’’ for ‘‘Commissioner’’. Subsec. (d). Pub. L. 113–128, § 405(c)(6)(B), (C), des- ignated existing provisions as par. (1) and redesignated subsec. (e) as par. (2). Pub. L. 113–128, § 405(c)(3), inserted ‘‘of Education’’ after ‘‘Secretary’’. Subsec. (e). Pub. L. 113–128, § 405(c)(7), added subsec. (e). Former subsec. (e) redesignated par. (2) of subsec. (d). Pub. L. 113–128, § 405(c)(4), amended reference in origi- nal act which resulted in substitution of ‘‘July 22, 2014’’ for ‘‘August 7, 1998’’ in text, inserted ‘‘of Education’’ after ‘‘Secretary’’, and substituted ‘‘Workforce Innova- tion and Opportunity Act’’ for ‘‘Rehabilitation Act Amendments of 1998’’. Subsec. (f). Pub. L. 113–128, § 405(c)(7), added subsec. (f). Former subsec. (f) redesignated par. (2) of subsec. (c). Pub. L. 113–128, § 405(c)(5), inserted ‘‘of Education’’ after ‘‘Secretary’’. § 710. Reports (a) Annual reports required Not later than one hundred and eighty days after the close of each fiscal year, the Commis- sioner shall prepare and submit to the President and to the Congress a full and complete report on the activities carried out under this chapter, including the activities and staffing of the infor- mation clearinghouse under section 712 of this title. (b) Collection of information The Commissioner shall collect information to determine whether the purposes of this chapter are being met and to assess the performance of programs carried out under this chapter. The Commissioner shall take whatever action is nec- essary to assure that the identity of each indi- vidual for which information is supplied under this section is kept confidential, except as oth- erwise required by law (including regulation). (c) Information to be included in reports (1) 1 In preparing the report, the Commissioner shall annually collect and include in the report information based on the information submitted by States in accordance with section 721(a)(10) of this title, including information on administra- tive costs as required by section 721(a)(10)(D) of this title. The Commissioner shall, to the max- imum extent appropriate, include in the report all information that is required to be submitted in the reports described in section 3141(d)(2) of this title and that pertains to the employment of individuals with disabilities. (d) Availability to public The Commissioner shall ensure that the report described in this section is made publicly avail- able in a timely manner, including through elec- tronic means, in order to inform the public about the administration and performance of programs under this chapter. (Pub. L. 93–112, § 13, formerly § 11, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1111; renumbered § 13, Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(a)(1)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; amended Pub. L. 113–128, title IV, § 406, July 22, 2014, 128 Stat. 1638.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 712 of this title prior to repeal by Pub. L. 105–220. A prior section 710, Pub. L. 93–112, § 11, as added Pub. L. 95–602, title I, § 121, Nov. 6, 1978, 92 Stat. 2984, related to application of other laws, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093. See section 708 of this title. A prior section 13 of Pub. L. 93–112 was renumbered section 15 and is classified to section 712 of this title. Another prior section 13 of Pub. L. 93–112 was classi- fied to section 712 of this title prior to repeal by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (c)(1). Pub. L. 113–128, § 406(1), des- ignated existing provisions as par. (1) and substituted ‘‘section 3141(d)(2) of this title’’ for ‘‘section 2871(d) of this title’’. Subsec. (d). Pub. L. 113–128, § 406(2), added subsec. (d). Statutory Notes and Related Subsidiaries EXCHANGE OF DATA Pub. L. 102–569, title I, § 137, Oct. 29, 1992, 106 Stat. 4397, provided that: ‘‘The Secretary of Education and the Secretary of Health and Human Services shall enter into a memorandum of understanding for the pur- pose of exchanging data of mutual importance, regard-