29 USC 720 - Declaration of policy; authorization of appropriations

U.S Code last checked for updates: Jun 02, 2024

§ 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 competitive integrated employment 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 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 development 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 development systems are critical to ensure effective and meaningful participation by individuals with disabilities in workforce development 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 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-sufficiency, 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 competitive 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, 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 should 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

(2)

Reference

(c)

Consumer Price Index

(1)

Percentage change

(2)

Application

(A)

Increase

(B)

No increase or decrease

(3)

Definition

(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

(2)

Construction

(A)

Passage of legislation

(B)

Acts or determinations of Commissioner

(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.)

cite as: 29 USC 720